Part 21 Transition Briefing

(File 1 of 5)

Introduction

Presenter: Nathan Leonard, Part 21 Course Manager, FAA Academy

Segment 1- Historical Aspects of Rulemaking

Presenter: Barbara Capron, Production and Airworthiness Division, AIR-200

Narration text: This segment covers the historical aspects of the rulemaking effort. It includes an overview of items that were deleted from the Notice of Proposed Rulemaking, as well as items that were modified based on comments received.

Background

Narration text:

General Discussion of the Proposal

Amending our certification procedures and identification requirements to:

Narration text: Standardization - The Part 21 change includes revised procedural rules contained in subparts G, K, and O. These subparts cover three types of production approvals recognized by the FAA. These production approvals are identified as: PC, PMA, and TSOA. Prior to this rulemaking, the rules pertaining to each of these production approvals were significantly different. These differing requirements were viewed by some as confusing. This rule eliminates many of the differences and promulgates requirements that are substantially consistent for all production approval holders.

Revise Export Airworthiness Approval Requirements – The primary purpose of an export airworthiness approval is to identify to the importing authority, and ultimately the end-user, the airworthiness status of the product or article at the time of export. This rule revises subpart L, Export Airworthiness Approvals to:
Remove the requirement that aircraft engines, propellers, appliances, and parts be newly overhauled before export;
Move the detailed procedures pertaining to the export process previously contained in part 21 to FAA policy and directives; and
Define the term “product” in a manner consistent with its usage in the rest of part 21 and with existing bilateral agreements.

Move all Part Marking Requirements – We are consolidating all marking requirements by moving the former part 21 marking requirements to part 45. We are also changing a number of titles within part 45 in order to clarify that products and articles for which an approval has been issued are marked, while subassemblies and component parts are identified as described below.

Amend the Identification Requirements – This rule adds a requirement that articles produced by a PAH or articles produced under a type certificate include specific identification information. Sub-assemblies and component parts that leave a PAH’s facility as FAA approved must include the manufacturer’s part number and name, trademark, symbol, or other FAA approved PAH identification. A person producing under subparts F, G, K, or O may chose any method to meet this requirement, including, but not limited to, marking the article, attaching a tag to the article, placing the article in a container, or providing a document with the article with the information previously mentioned.

Requirements Withdrawn in Response to Comments

Over 500 comments were received. Approximately 50% opposed four specific proposals:

Narration text: We received over 500 comments in response to the NPRM published on October 5, 2006. Commenters represented aircraft and parts manufacturers, repair stations, Department of Commerce, the U.S. Small Business Administration’s Office of Advocacy, industry groups, other civil aviation authorities and individuals.

Of the comments received, approximately 50 percent opposed four specific proposals. Those proposals address (1) Identification requirements for parts, appliances, and TSO articles; (2) Mandatory issuance of airworthiness approvals; (3) Requirement for a certifying staff; and (4) Standardized quality system requirements.

Generally speaking, the commenters believe that these proposals would impose substantial additional costs with no measurable increase in safety. We evaluated these comments and concluded that, with the exception of the quality system requirements, the proposals should be withdrawn.

Modifications Made in Response to Comments

Modifications were made to the following sections based upon comments received:

Narration text: In addition to removing the identification requirements from parts and appliances and TSO articles, the requirement for mandatory issuance of airworthiness approvals and t he requirement for certifying staff, we also made modifications to the following items:

Commercial Parts – We received numerous comments on the definition of commercial parts. Commenters were concerned that the use of commercial parts would be limited to only manufacturers who declared them as such. Commenters were particularly concerned that they would not be able to use commercial parts on in-service aircraft. Based on those comments, we have revised the definition of “commercial part” to clarify that a commercial part is a part not specifically designed or produced for application on aircraft, and, for the purpose of this part, a design approval holder may designate an article as commercial.

Location of or Change to Manufacturing Facilities - Numerous commenters expressed concern about our proposal to require PAHs to obtain our approval prior to making changes to the manufacturing facilities that could affect the inspection, conformity, or airworthiness of its products or articles. They were concerned that the PAHs potentially would have to seek our approval for all changes, depending on the individual office with whom they work. We agree and have modified the proposed language. The final rule requires the PAH to notify us prior to a change in location. Further, the PAH must notify us, in writing, after any change to the manufacturing facilities that may affect the inspection, conformity, or airworthiness of its product or article.

Identification of Articles – This rule modifies §§ 21.146, 21.316, and 21.616, Responsibility of the Holder, as well as proposed § 21.123, Production Under Type Certificate by adding a requirement that articles produced by a PAH or articles produced under a type certificate include specific identification information. Sub-assemblies and component parts that leave the PAH’s facility as FAA approved must include the manufacturer’s part number and name, trademark, symbol, or other FAA approved PAH identification. This requirement codifies current industry practice.

Fabrication of Parts - We received numerous comments on § 21.9, Replacement and modification parts, from maintenance providers. Commenters were concerned that they would no longer be able to fabricate parts in the course of a repair under part 43 – Maintenance, Preventive Maintenance, Rebuilding, and Alteration. Maintenance providers have asked the FAA to clarify whether they will still be able to produce parts that will be consumed in the course of a repair without violating § 21.9(a). We understand the concerns of the commenters, and it is not our intent to preclude this activity. To clarify our intent we have created another exception to §21.9(a) which allows for the production of articles without benefit of a production approval when articles are fabricated by an appropriately rated certificate holder with a quality system, and consumed in the repair or alteration of a product or article in accordance with part 43 of this chapter.

Questions and Answers about the Historical Aspects of Rulemaking

Nathan Leonard, Part 21 Course Manager, FAA Academy and Barbara Capron, Production and Airworthiness Division, AIR-200