Obtain 8130-3 Tags For Your Inventory – Limited Time Only!

October 19, 2016 by 3 Comments

Have you ever wished that there was an easy way to obtain 8130-3 tags for the obviously airworthy articles in your inventory?  Now, you can become a DAR and issue your own 8130-3 tags!  ASA has worked with the FAA to develop a limited program that will allow employees of accredited distributors to obtain DAR privileges to tag certain items in existing inventory.
The program creates a new function code 56 (because of the association with AC 00-56).  This is a limited function code for employees of accredited distributors that permits issue of 8130-3 tags for parts with certain types of clear evidence of production under FAA production approval.  The program can be found in this attached file.
This program is necessary because of the new emphasis on 8130-3 tags created by the FAA-EASA Maintenance Annex Guidance (MAG).  Many FAA inspectors have required repair stations in the US to adopt receiving requirements that only permit receipt of aircraft parts with 8130-3, EASA Form One or TCCA Form One.  Parts with traditional manufacturer’s certificates of conformity (for example) are excluded from the MAG guidance!  This temporary ability to obtain 8130-3 tags permits some existing inventories of good parts to be tagged in order to meet the new standards created by the Maintenance Annex Guidance

What Can be Tagged?

A DAR with Function Code 56 privileges will be able to issue an 8130-3 tags for parts manufactured by an FAA production approval holder (PAH) if the part and its documentation meets one of the criteria below:
1. Certificate of Conformity/Statement of Conformity from the PAH.  The part number and serial number, if applicable, must match any marking on the part.
2. Certificate of Conformity/Statement of Conformity or shipping document from a PAH supplier and verification of that supplier’s direct ship authorization.
3. Part markings made under 14 C.F.R. § 45.15 that include the PAH’s name or identifier (including PMA markings, TSOA markings and critical part markings).  If the PAH name or other identification is not included in the part marking, then you will need a Certificate of Conformity/Statement of Conformity as described in paragraphs (1) or (2) above.

Qualifications

An applicant for the DAR-56 program must meet all five of the minimum qualifications:
1. AGE: Be at least 23 years of age.
2. EMPLOYMENT: Be employed by an accredited distributor at the location(s) from which the 8130-3 will be issued.  The FAA has not clarified whether this needs to be full-time or part-time nor have they excluded contract employment.  In the absence of clarification, applicants should assume that all categories of employment are acceptable.
3. INDEPENDENCE: Be assigned to a position in the business with sufficient authority to allow the DAR to administer the delegated function effectively without undue pressure or influence from others.
4. EXPERIENCE: Have a minimum of 12 months actual working experience for the accredited distributor under the distributor’s quality system, specifically:
a. Experience in either receiving inspection and/or quality assurance processes; and,
b. Experience reviewing documentation which can be used to verify that the article is traceable to the PAH, such as a FAA Form 8130-3 and Certificate of
Conformity/Statement of Conformity from a PAH.
5. TRAINING: Must have successfully completed FAA course: Issuance of 8130-3 for Domestic and Export Approvals of Engines, Propellers, & Articles Only.

Application Process

Scan and submit the following three documents by email to 9-AIRI60-LimitedDARF@faa.gov:
1. FAA training certificate of completion from the required class [FAA course: Issuance of 8130-3 for Domestic and Export Approvals of Engines, Propellers, & Articles Only]
2. FAA Form 8110-14, Statement of Qualifications (should be signed by the individual employee).
3. A letter of endorsement signed by a management representative from the accredited distributor location where that individual employee is requesting to exercise the authorization.
  • Where the accredited distributor has more than one accredited location, the applicant may apply to exercise privileges at each accreditation location
    under a single management endorsement letter.  The Memo includes a sample letter and explains what must be in the letter.

The applicant is expected to retain the original application materials in his/her records.  FAA Headquarters will review the application.  When an applicant is selected, the FAA will email the applicant a Certificate of Authority.

Limits

There are many categories of airworthy parts without 8130-3 tags that will not be covered by this DAR-56 program.  This is not a solution to all of the problems caused by the implementation of the Maintenance Annex Guidance.  many ASA members will still need to rely on traditional DARs.
The DAR-56 program is limited in time.  All Limited DAR-56 appointments under this program will be terminated on September 30, 2017.  We have discussed with the FAA that there will be a continuing need for the program, because some FAA-PAH manufacturers continue to produce parts without 8130-3 tags.  ASA intends to petition for an extension of the program if it appears that the program remains necessary, but ASA members should not plan on the FAA granting that petition (they have already told us that they will reject such a petition).

Advice

The FAA intends that this DAR-56 program be used to tag existing inventory in order to make it saleable under the new documentation standards of the MAG.  The FAA has stated that they intend to issue privileges to all eligible applicants, in order to facilitate this process (note that this does not give you a legal right to the privileges – the FAA retains the discretion to limit or terminate the program at its discretion).
Many of our members have a substantial existing inventory that is eligible to be tagged under this program.  We have spoken with members who have said that some inventories could take YEARS in order to tag the entire inventory.  We advise accredited members to seek DAR-56 privileges for EACH eligible employee, in order to maximize your potential for issuing 8130-3 tags.  Accredited members should also apply as early as possible.
Once employees have received their certificate of authority, they should start to review existing inventory and issue tags for eligible parts immediately, in order to maximize the documentation of the inventory.
We also advise unaccredited ASA members to seek AC 00-56 accreditation in order to be eligible for the DAR-56 program.  ASA can discuss the process with you and can accommodate members who need AC 00-56 audits in order to participate in the program.

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Policy Glitch Inhibits Manufacturing DARs from Issuing 8130-3 Tags

March 29, 2012 by Leave a comment

A number of ASA members have contacted us recently to tell us that their FAA Designated Airworthiness Representatives who hold MIDO-based privileges (DAR-Fs) have been restricted from issuing 8130-3 tags for parts held by distributors.

The issue concerns a recent change to FAA Order 8100.8 (the “D” revision).  It appears that there was a clerical error in the revision that is having an effect on safety in air commerce, by restricting the ability of DARs to issue 8130-3 tags where they are needed. We have asked the FAA to examine this issue and to work with us to correct it.

Background

It is very common for distributors to obtain aircraft parts that bear indicia of airworthiness, but that do not bear an 8130-3 tag.

One of the ways that distributors support the FAA’s desire to promote the common use of the 8130-3 tag is by actively obtaining 8130-3 tags for parts that do not bear such tags.  These tags are issued to parts by FAA DARs following inspection and document review.  The inspection and document review confirms that the part meets the appropriate FAA airworthiness standards and is eligible for an 8130-3 tag.

The availability of the 8130-3 tag has become very important to the industry for a number of reasons.  One reason is because many Part 119 air carriers have provisions written-into their FAA-approved and/or FAA-accepted manuals that require the 8130-3 tag as a condition of their receiving inspection.  Such air carriers often cannot accept a part without an 8130-3 tag (even if it bears other indicia of airworthiness) without violating the requirements of their own manuals.

Over the past decade, the FAA has established policies that permit Manufacturing DARs (DAR-Fs) and Maintenance DARs (DAR-Ts) to examine a part and its documentation, and where a finding of airworthiness can be made based on this examination, to issue an 8130-3 tag to document that finding.

Originally, these DAR functions were performed under function code 8 for DAR-Fs and function code 23 for DAR-Ts.[1]  Although DAR-F functions are normally limited to PAH facilities, the FAA made a special exception that permitted DAR-Fs to issue 8130-3 tags for aircraft parts at independent distributor  facilities (NOT at the PAH facility).  When this privilege was first issued, the FAA highlighted the fact that this was an exception to the normal rule (under which DAR-Fs usually work exclusively at PAH facilities).[2]

Later, the FAA recognized that the function of issuing domestic 8130-3 tags and the function of issuing export 8130-3 tags required the same skills and the FAA merged the authority for DARs to issue both domestic and export 8130-3 tags under  one function code for each type of DAR.  This lead to both forms of 8130-3 tags being issued under function code 20 for DAR-Fs and function code 32 for DAR-Ts (these function codes had previously been limited only to export tag privileges).

This change happened as the FAA was issuing new regulations that eliminated an  earlier restriction on non-manufacturers obtaining “class III” export 8130-3 tags.  While the restriction existed, distributors obtained “class III” export 8130-3 tags under an exemption from the regulations, which is why earlier versions of Order 8100.8 made reference to an exemption.[3]

While the exemption still technically exists, it was made moot by the 2009 recodification of Part 21, which eliminated the bar against non-manufacturers obtaining “class III” export 8130-3 tags (and also eliminated the class distinctions, as well).  This change permitted distributors to apply directly to the FAA (through DARs) for export 8130-3 tags.  Now, distributors are permitted to apply for both domestic and export 8130-3 tags and they no longer need an exemption.

What they do need, however, is a function code that authorizes DARs to be able to review parts held by distributors, make a finding of airworthiness where appropriate, and document this finding by issuing an 8130- 3tag.

The Details of the Change

Recent changes to FAA Order 8100.8D are being interpreted to preclude Manufacturing DARs (DAR-Fs) from issuing 8130-3 tags for demonstrably airworthy parts that are located at the facilities of distributors.

The reason for the change appears to be based on the reorganization of the functions codes.  We are not aware of any policy change that motivates this change in the language … it appears that the change is a clerical error.

The recently-replaced FAA Order 8100.8 C read:

20 Issue original/recurrent export airworthiness approval under the provisions of

14 CFR Part 21, subpart L, for articles manufactured in accordance with 14 CFR part 21. Individual DARs must be employed by an applicant who is the PAH of the articles being exported, and/or when the applicant meets the provisions of Note 2 below.

NOTE 1: DARs may be full-time, part-time, or contract employees of a PAH.

NOTE 2: This authorization includes export airworthiness approvals for articles located at a non-PAH distributor operating under an exemption to § 21.323(b)(2).

Now however, the description of function code 20 in 8100.8D, Table 15-2 states:

20 Issue original/recurrent export airworthiness approvals for articles manufactured in accordance with 14 CFR part 21. Individual DARs must be employed by an applicant who is the PAH of the articles being exported. DARs may be full-time, part-time, or contract employees of a PAH.

The language about function code 20 being the appropriate function code to use (when a manufacturing DAR examines an aircraft part at a distributor facility and issues the 8130- tag for that part) has been removed.  In fact, the new language (with the note removed) seems to imply that a manufacturing DAR cannot issue an 8130-3 tag at a distributor facility.

This appears to be an error of omission.  We are not aware of any policy decision by the FAA that would support this change, so it appears clear that this was a simple clerical error.  In order to correct this clerical error, we recommend that additional language be added to the description of function code 20.  In light of the fact that recent FAA policy has been to permit all distributors to apply for 8130-3 tags, not just AC 00-56 accredited distributors  (making the exemption moot), it would be appropriate to broaden the language of the prior note (to remove the reference to the exemption).  Such broader language would also be consistent with current industry practice (in which certain DAR-Fs support the distribution community and also with the current regulations (14 C.F.R. § 21.327 now permits any person to apply for an export approval).

ASA filed a petition with the FAA on March 5th, seeking to have this issue corrected.  We recommended that the FAA first issue a deviation memo and then subsequently issue an 8100.8D Change One document that incorporates all of the deviation memoranda intended to be incorporated (including also the February 28, 2012 deviation memo on the use of Form 8110-14).

[1] See, e.g., Procedures for Completion and Use of the AUthorized Release Certificate, FAA Form 8130-3, Airworthiness Approval Tag, FAA Notice 8130.70 (June 15, 2001) (permitting the issuance of 8130- 3 tags for airworthy parts located at independent distributor facilities).

[2] Id. at ¶ 5(b) NOTE (stating that “in order to ensure adequate DAR resources to support the activities authorized under this notice, these domestic airworthiness approvals may be issued by either manufacturing or maintenance DARs”).

[3] E.g. Designee Management Handbook, 8100.8C Chg 1 ¶ 1407(a)(10) (Feb. 15, 2008).

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