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Old August 22nd 03, 01:48 PM
Dan Thompson
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Here's "the law", from http://www.awp.faa.gov/new/fsdo/release/long1098.htm:

SUPPLEMENTAL TYPE CERTIFICATES

by Cathy VanAssche

In 1996, Title 49 of the United States Code, Section 44704 was amended to
incorporate Supplemental Type Certificates. The regulation now states that
if the holder of the supplemental type certificate (STC) agrees to permit
another person to use the certificate to modify an aircraft, aircraft
engine, propeller, or appliance, the holder shall provide the other person
with written evidence, in a form and manner acceptable to the Administrator,
of the agreement. A person may change an aircraft, aircraft engine,
propeller, or appliance based on a STC only if the person requesting the
change is the holder of the STC or has permission of the holder to make the
change.

The new requirements of the statute do not require the FAA to be an enforcer
of copyright statutes nor an adjudicator of property rights. The FAA
responsibilities for certification activities remain unchanged by this
legislation.

Any person who makes or causes to be made a fraudulent or intentionally
false statement or entry, that falsely expresses permission from an STC
holder to use that STC, may be in violation of 14 CFR Sections § 21.2 or §
43.12. STC holders and installers should be advised to retain records and
copies thereof in order to be able to demonstrate compliance with the
amendment to Section 44704. The owner/operator of the product on which an
STC alteration is installed should be advised to retain a copy of each
permission statement.

For further information on Supplemental Type Certificate Requirements,
please contact your local FSDO for a copy of FAA Notice 8110.69, HBAW 98-16,
and Public Law 104-264.


"Justin Case" wrote in message
...
Unfortunately I'll agree with you that the feds are pretty screwed up.
I'd like to see where it says that her highness can put the interests
of certain individuals in front of others.

The law I'm looking for is the one that seems to be referred to when
everyone says that permission is needed by the STC holder to install
one of his products. I need to drill down and see exactly what it
states so that I may make my case. Doesn't seem to be anyone that can
steer me in the direction of this legendary federal law. If the feds
are going to refer to it, I need to see it, or assume it doesn't
exist.

And as I figured, your 43.5 doesn't do it for me, and I'm not
satisfied with your interpretation. Neither does the referring
paragraphs of 43.9 or 43.11. If your reading of this were actual, it
would then be prudent to see the rules governing the actions of the
administrator. I will not blindly be led by the short hairs into
believing that an appointed individual can alter the laws of this
land. If the administrator is not allowing certain alterations, there
needs to be legitimate reason why, not just a "Duh, okay!".

And when you feel you're up to some real research and interpretation,
then respond with a good argument, not with the silly FAR's.


On Thu, 21 Aug 2003 17:58:07 -0400, "Ron Natalie"
wrote:


"Justin Case" wrote in message

...
Show me! Show me! Show me! Don't quote numbers that appear to make
up your argument. Although your "43.5" may or may not say that, how
do you know your interpretation is correct.


Do you have a copy of the FAR's? Read 43.5 and come back and we
can have an intelligent discussion. They are available he


http://www.airweb.faa.gov/Regulatory...AR.nsf/MainFra

me?OpenFrameSet
How does anybody know anything is correct. I read what it says. It
says that for a major modification you have to file the paperwork to
the satisfaction of the administrator.

So you first have to agree or disagree with me on that.

Now note that the things left to the discretion of the administrator are

a big
can of worms in the FAA. It pretty much means that they don't even have
to write down what they mean by that. They can approve or disapprove
things at whim.

Now it has been my experience and the experience of others here that an
STC is by default acceptable provided you have the appropriate STC

paperwork.

Now where does it say
that the "administrator" has the right to disregard other laws when
not in time of emergency.


What laws are you talking about? I can't make any intelligent comment
if you're going to be so vague?

Show me the numbers so that I can see it
for myself. Help me out here, otherwise I'll think you're saying the
"administrator" may decide that there's too much air in everyone's
tires.


No, I am saying the administrator can determine whether a modification

has
been done in accordance with her self-adopted standards. And anybody
who doesn't believe that hasn't worked with the FAA field system.




 




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