FAA Advises Bilateral Partners on Authorized Release Certificates
The FAA has posted a template version of a letter the agency distributed to each of its bilateral aviation safety agreement (BASA) partners. The document officially advises foreign national aviation agencies that production approval holders may issue authorized release certificates (Form 8130-3) for new parts under new 14 CFR § 21.137(o) – this includes forms issued for export under applicable agreements – provided the exporter complies with the pertinent sections of part 21, subpart L.
The document is available at:
To learn more about international regulatory compliance issues, register for ARSA’s on-demand online training session Going Global: A Primer on International Regulatory Law. ARSA’s Managing Director and General Counsel Marshall S. Filler explores the regulatory foundations of international civil aviation and discusses the important implications of bilateral agreements.
Previously from ARSA...
Christmas Came Early for § 21.137(o) Compliance
January 13, 2016
UPDATE: On Jan. 13, 2016 the Federal Register published an additional correction to an error in the preamble of the final rule changing production certificates and approvals. The action does not substantively change the rule.
On Dec. 17, 2015 the Federal Register published a correction to a final rule published on Oct. 1 that amended certification procedures and marking requirements for aeronautical products and articles (read below for further detail). In the correction, the effective date of the final rule has been amended to permit earlier implementation of certain provisions, including new § 21.137(o) allowing U.S. production approval holders (PAH) to issue FAA Form 8130-3 as an authorized release certificate for aircraft engines, propellers and articles.
The association has been leading an industry coalition urging the FAA to allow early compliance in accordance with the “new” requirement in MAG Change 5. Beginning Apr. 1, 2016 MAG Change 5 will require all new articles produced by a U.S. PAH to be accompanied by FAA Form 8130-3 when installed during maintenance that will be issued a dual release.
The Oct. 1 published rule’s original effective date was March 29, 2016 for all provisions. The new effective date for the Form 8130-3 privilege (and several other amendments) is Jan. 4, 2016. As a result, PAHs that develop the procedures required by new § 21.137(o) may transition to the new privilege on or after that date, subject to the Manufacturing Inspection District Offices’ (MIDO) approval of those procedures. This will also allow the MIDOs to better manage their reviews of the PAH submissions.
To download a PDF copy of the FAA’s correction, visit: https://www.gpo.gov/fdsys/pkg/FR-2015-12-17/pdf/2015-31639.pdf.
FAA Policy Moving Towards § 21.137(o) Early Compliance
Update: On Dec. 10, the FAA issued clarifications on Policy Memoranda AIR100-15-110-DM53 and AIR100-15-140-PM18. The update clarifies that the new PAH privilege to issue FAA Form 8130-3 as an authorized release certificate for new parts is not effective until March 29, 2016 unless the FAA revises that date. It also corrects a typographical error in referencing the paragraph that describes the new privilege. The initial policy memo referenced section 21.137(d) instead of section 21.137(o).
December 3, 2015
On Dec. 1, the FAA issued Policy Memorandum AIR100-15-110-DM53, Deviation to FAA Order 8130.2H, Airworthiness Certification of Products and Articles, for Issuing Authorized Release Documents. The memorandum authorizes a deviation to FAA Order 8130.2H, allowing production approval holders (PAH) to issue authorized release documents for aircraft engines, propellers and articles. It provides guidance for implementing 14 CFR 21.137(o), dated Oct. 1. Currently, that rule will not be effective until March 29, 2016.
Order 8130.2H is currently undergoing revision. This deviation policy memo is intended to implement the new privilege for authorized PAHs to issue FAA Form 8130-3 as an authorized release certificate (ARC). ARSA has urged the FAA to authorize early compliance with the new section. The association believes the agency will soon publish a notice in the Federal Register allowing compliance with § 21.137(o) early in 2016. The association expects the agency will allow the PAH-issued ARC to be used for both domestic and export purposes; a notice will be issued to the United States’ bilateral partners advising them of the rule change similar to what was done in 2009 during the last part 21 amendment cycle.
PAHs with existing Organization Designation Authorizations (ODAs) that proceed under § 21.137(o) can expect that the FAA will no longer support ODA or individual designee codes that duplicate the new section’s privileges (see AIR100-15-140-PM18). It is important to remember that organizational and individual designee engineering authorizations are not affected by the new PAH privilege nor is the privilege to issue Form 8130-3 for conformity determinations made during the design approval process. The § 21 .137(o) privilege is limited to issuing Form 8130-3 for new, FAA-approved parts and for used parts rebuilt or overhauled under § 43.3(j).
Final Rule on Production Certificates and Approvals Published
October 2, 2015
The association is pleased to see that the agency released the final rule which will allow production approval holders (PAHs) to issue FAA Form 8130-3s instead of requiring an FAA designee’s signature. The amended language in § 21.137 (creating paragraph (o)) allows for a PAH to issue an authorized release for aircraft engines, propellers and articles.
The effective date of the rule is March 29, 2016; hopefully the agency will see its way clear to either allow PAHs to comply earlier or extend the compliance date for implementation of change 5 to the Maintenance Annex Guidance (MAG) under the E.U.-U.S. bilateral agreement requiring repair stations to obtain that ‘release” document from PAHs.
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