Immediately after the FAA issue Notice 8900.380, they reissued it with small, but significant, edits to the original language. This information was sent two weeks ago to ASA members by e-mail but I just realized that I forgot to include it in the blog!
The changed language seems to help the situation faced by distributors, by explicitly recognizing that repair stations may inspect and receive parts without 8130-3 or Form One – but only for a one-year interval, and only when the repair station’s inspection is consistent with its manuals. A repair station rated to perform maintenance on a top assembly is also rated to inspect any component part to determine its eligibility for installation in the next higher assembly, so this one year inspection permission will be useful.
The new Notice isn’t numbered differently nor does it have change markers. So it is important to ensure you have the most recent version of the Notice, and it is very easy to have the wrong version.
While this is unusual (re-issuing a notice with changes, but with no way to distinguish the changed version from the original), we will accept the change as it expands the type of parts that a 145 can inspect. These edits are beneficial to the industry.
Remember the below information only deals with 1) confirming that a 145 can inspect a part without an 8130-3, 2) tagging that part as inspected and 3) bringing it into the 145’s system (allowing a dual-certificated 145 to buy an aircraft part without an 8130-3 tag and use it in their work).
This does not change the NOTE section dealing with grandfathered parts. This area is still being discussed with the FAA and EASA, but the grandfather clause has been confirmed by FAA to extend only to parts in the repair station’s inventory by October 1, 2016.
The edits to Notice 8300.380 are:
(b) Inspections. For the purposes of this notice, inspections may be performed on:
(1) New parts received in inventory before October 1, 2016, that are not accompanied by FAA Form 8130-3, a dated certificate of conformance, or similar documentation issued by a U.S. PAH or supplier with direct ship authority in accordance with the notes in MAG CHG 6, Section B,Appendix 1, subparagraph 10k)(1)(a) and Section C, Appendix 1, subparagraph 7c)(1)(a); and
(2) New parts released by a U.S. PAH received on and after October 1, 2016, that are not accompanied by FAA Form 8130-3.
The Notice clarifies a few points and provides no relief on several areas:
- Effective date for MAG 6 parts documentation section is October 1, 2016.
- Although MAG CHG 6 does not prohibit repair stations from inspecting an article or subcomponent that they are rated and approved to work on for return to service, the notice imposed certain limits on what parts are permitted to be inspected in this way. Repair station can issue an 8130-3 for any part received without the documentation required by the MAG and issue an 8130-3 with a dual release statement if the part meets one of these two conditions:
- New parts in inventory prior to October 1, 2016 that do not have an 8130-3, dated C of C; or similar document issued by the PAH or supplier with direct ship authority.
- So a repair station can purchase/inspect a new part from a distributor even if that part doesn’t have an 8130-3, before or after October 1, 2016. The 145 would inspect the part and issue an 8130-3 as part of the 145’s system. This doesn’t apply if the part does not qualify for an 8130-3.
- A repair station can also purchase/inspect a new part from a distributor before October 1, 2016, if that part does not have do not have an 8130-3, dated C of C; or similar document issued by the PAH or supplier with direct ship authority.
- There are still some limitations to these privileges, so be sure to analyze your transactions carefully!
QUESTIONS AND ANSWERS
Q: What about new parts in a distributors inventory that were manufactured before October 1, 2016 and that do not have an 8130-3?
A: After October 1, 2016, these parts need an 8130-3 to sell them to an FAA EASA dual certified repair station. ASA sought a re-interpretation of some language that would permit distributors to sell these parts to repair stations after October 1, 2016, and this lead to the new language of Notice 8900.380. THE NEW NOTICE OFFERS SOME MORE OPTIONS TO DISTRIBUTORS. One significant option is that for the limited one-year time period of the Notice, dual-certificated repair stations in the US may receive parts that do not conform to the MAG and inspect them for suitability.
Q: What if my parts don’t qualify for an 8130-3?
A: There are a number of categories of parts that do not qualify for an 8130-3 or Form One. One example is military surplus parts, which are permitted for use in civil aviation under conditions described in AC 20-62 and AC 20-142. For parts that are not permitted under the MAG and its interpretive notices, there may be no path to sell such parts to an FAA EASA dual certified repair station.
Q: What if my parts were made by a foreign PAH?
A: Although the FAA has signed bilateral aviation safety agreements in which the US has agreed to accept certain foreign-produced parts, if there is no mechanism in the MAG for accepting these parts, then this may inhibit repair stations from accepting these parts. There appears to be no mechanism under the MAG for receiving a part made under production approval from a jurisdiction other than US, EU or Canada (like an Embraer part from Brazil).
Q: How do you get an 8130-3 when one does not exist?
A: For parts with evidence of airworthiness and that were produced under a US production approval, you can apply through a designated airworthiness representative (DAR). We understand that the expense of a DAR may be too much in some cases. If there are no DARs available, notify the FAA. Please send a copy of your notification to ASA, so we can track these issues.
Q: What other remedies may be available?
A: ASA has pending litigation against the FAA but please know that there is no mechanism to force them to review this situation before October 1, 2016, and the actual resolution date is going to be sometime in 2017. The US government opposes our appeal. It is always possible that the court will rule against the industry. ASA is also working directly with the FAA to achieve some reasonable resolution that will permit safe aircraft parts to be sold to the installers who need them, on an ongoing basis.