FAA Publishes New Parts Rule

REFERENCE:  October 16, 2009 Federal Register

SUMMARY: The FAA has amended its certification procedures and identification requirements for aeronautical products and articles. The amendments will update and standardize those requirements for production approval holders; revise export airworthiness approval requirements to facilitate global manufacturing; move all part marking requirements from Part 21 to Part 45; and amend the identification requirements for products and articles.

MAJOR HIGHLIGHTS: Former section Sec.  21.303(a) and (b) addressed production requirements for replacement and modification parts. With certain exceptions, the former rule prohibited the production of parts for sale for installation on a type-certificated product, unless those parts were produced pursuant to a PMA. This final rule consolidates those former requirements in newly established Sec.  21.9, with some revisions.
Under the new rule, the FAA now will prohibit the production of a replacement or modification article if the producer knows, or should know, the part is reasonably likely to be installed on a type-certificated product unless the article part is:
• Produced under a TC
• Produced under an FAA production approval
• A standard part
• A commercial part, as defined in Sec.  21.1
• Produced by an owner or operator for maintaining or altering that owner or operator’s product
• Fabricated by an appropriately rated certificate holder with a quality system and consumed in the repair or alteration of a product in accordance with Part 43.

The provisions of Sec.  21.9 apply to the producer of any part that could be used as a replacement or modification article, not just parts produced specifically as replacement or modification articles.
This new provision likely will affect the installation of portable equipment in type-certificated aircraft.

The provisions of this new rule are critical not only to PMA and TSO holders, but also to the maintenance shops installing these parts. The AEA will evaluate the entire change and publish more guidance in the near future.

Contact Ric Peri, AEA vice president of government and industry affairs, by email at ricp@aea.net or by phone at 202-589-1144.