FAA adds more Regulation 10/2/06

[Captgrumps]

Let us hope the STC holder still can communicate--

Doug

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FAA Issues Major Change for Follow-on Use of STC Data
REFERENCE: September 1, 2006, Federal Register, Page 52249


SUMMARY:

In response to statutory changes mandated by Congress in The Federal Aviation Reauthorization Act of 1996, Vision 100, and SAFETEA-LU, the FAA is mandating written permission to use STC data for follow-on installations.

In those statutes, Congress specifically revised the provisions of 49 U.S.C. 44704 that addresses the use of TCs and STCs. As a result of the congressional mandate, Section 21.120 was added, which applies to the STC holder and Section 91.403(d), which applies to the owner and/or operator requesting an alteration to their aircraft.

These new rules became effective on October 2, 2006

MAJOR HIGHLIGHTS:

Section 21.120 requires an STC holder who allows another person to use that STC to alter an aircraft, aircraft engine, or propeller, to provide that person with written permission acceptable to the FAA. The new rules reads as follows:

Sec. 21.120 Responsibility of supplemental type certificate holders to provide written permission for alterations.

A supplemental type certificate holder who allows a person to use the supplemental type certificate to alter an aircraft, aircraft engine, or propeller must provide that person with written permission acceptable to the FAA.

This new section requires the holder of a supplemental type certificate (such as the manufacturer of avionics equipment) who agrees to permit another person (such as an avionics shop) to use a supplemental type certificate to alter an aircraft, aircraft engine, or propeller to provide that person with written permission.

This written permission would be known as the "permission statement."

To be acceptable to the FAA, the form of the permission statement should contain at least the following:

- A written statement of the agreement specifying product(s) to be altered;

- The STC number; and

- The name of the person(s) given consent to use the STC.

- The STC holder may include more information, such as the effective date of the permission and how many times the STC may be used for fleets of aircraft.

The FAA also added a new Section 91.403(d) establishing a requirement that a person may only alter an aircraft based on a supplemental type certificate if the owner or operator of the aircraft is the holder of the supplemental type certificate or has written permission from the holder. The new rule reads as follows:

Sec. 91.403 General.

* * * * *
(d) A person must not alter an aircraft based on a supplemental
type certificate unless the owner or operator of the aircraft is the
holder of the supplemental type certificate, or has written permission
from the holder.

Each person who alters an aircraft based on another person's STC, including a person making an alteration for a product owner or operator, should be aware of the statutory requirement for the person requesting the change to have the permission of the STC holder before performing the alteration.

The statute also clearly prohibits a person from performing the alteration unless the person requesting the change has the permission of the STC holder.

To ensure their own compliance with the statutory requirement, the mechanic, repair station, or other facility making the installation should request to see a copy of the written permission provided by the STC holder to the person requesting the change.

The installer, mechanic, or repair station who has obtained permission directly from the STC holder to use the STC should also furnish a copy of the STC holder's permission statement to the owner or operator of the modified product to ensure the owner's compliance with statutory and regulatory requirements

[Nathan K. Hammond]

hmmmmm.........

nkh

[MikeB]

Just what we need: more government "goobly gook". Now where did this come from and why?? I would think that if you purchase a STC (example:auto fuel) that would indicate "permission" .

Mike

[Jerry Eichenberger]

This new regulation comes about, as it says, as a result of Congreesional mandate.

Congress has been trying over several years to strenthen American intellectual property laws, to protect American copyright, trademark, and patent holders from infringement of their rights.

Congress chose to also strenthen the rights of holders of TCs and STCs in the aviation arena. Not a bad idea, really. Biggest problem is the situation where an STC holder dies, goes out of business, disappears, etc. and no one can find him/it.

[MikeB]

I agree except for (as you explained) what happens if the STC holder disappears? At that point "I rest my case". For example: Buzz Wagner who holds a number of STC's for Champs and Chiefs.

Mike