Open Skies TC FAR should require reciprocity as prerequisite to facilitated treatment

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FAA Proposal Would Ease Foreign TC Approvals

Series of Bilateral agreements mutually recognize TC approval competence

FAA accepts applications from Recognized CAA  based on its competence

FAA rule should require that other CAA gives US applications equal basis as predicate

Globalization has perhaps impacted aviation more than most industries. The airline sector, with its essential equipment being ultimately mobile, memorialized the intercontinental nature of its business with a series of bi- and multi-lateral agreements, called Open Skies. These commercial treaties grant the parties equal access to their respective airports (international flights, not prohibited domestic or cabotage rights).

The FAA has developed a structure of relationships with other Civil Aviation Authorities. Bilateral Aviation Safety Agreements (BASA) record the degree of recognition between the FAA and the CAAs. The CAAs with the highest FAA trust have been established as competent to exercise aircraft certification on a par with the US.

Below are quotes from the FAA Notice of Proposed Rulemaking which explains how the FAA will simplify acceptance of applications for a US Type Certificate based on the issuance of such approval by a recognized CAA.

“SUMMARY:

The FAA proposes to revise a regulation that imposes a duplicative requirement on foreign applicants for type certificates of import products. Existing FAA regulations require all applicants to submit two documents:

A compliance listing to document the means of compliance with applicable standards;

and

a corresponding statement of compliance from the applicant certifying that all the requirements in the certification basis have been complied with.

These compliance documents are duplicative and redundant to the certifying statement that the FAA already requires from the foreign civil aviation authority of the country or jurisdiction having State of Design responsibility for the design approval holder of the product. The FAA proposes to no longer require either the compliance listing or the accompanying statement of compliance from the foreign applicant.

  1. Background

The United States has bilateral aviation agreements with numerous foreign countries for the acceptance of aeronautical products for export and import. The FAA and the foreign civil aviation authority (CAA) are responsible for implementing these agreements. Before making an agreement, the FAA thoroughly reviews the certification and production systems of the foreign authority, including its organization, personnel, processes and regulations. Approval of the bilateral agreement makes the foreign authority (the CAA) a bilateral partner. The FAA does not sign an agreement unless the FAA has confidence in the CAA’s system for certifying aviation products and overseeing the design organizations and manufacturers under its authority. Under these bilateral agreements, the CAA’s type certification of a product is accepted by the FAA for import through a ‘‘validation’’ process to ensure all applicable requirements are met, including the procedural requirements in § 21.29, ‘‘Issue of type certificate: import products.’’


Here is the language issued by EASA to explain its mirror acceptance of FAA documents

A Bilateral Aviation Safety Agreement (BASA) exists between EASA and the USA, Canada and Brazil and aims at the mutual acceptance of certificates.

As per the Technical Implementation Procedure (TIP) with the FAA (US) and TCCA (Canada), applicants applying to EASA have to submit their EASA application via their local FAA/TCCA office and request that their application be forwarded to EASA. The FAA/TCCA will forward the complete application package to EASA together with the FAA/TCCA concurrence letter. Applications that have not been forwarded via the FAA or the TCCA are considered incomplete and cannot be registered.

https://www.easa.europa.eu/the-agency/faqs/applications-product-certificationvalidation-foreign-certificates#category-approval-process


 

 

Clearly, TC applicants from EASA countries deserve to receive the new easier submission as proposed in the NPRM. American TC holders, in the past, have complained that their requests from foreign CAAs for review and approval of the aircraft have faced all sorts of formal and informal inhibitors. The final version of Foreign Civil Aviation Authority Certifying Statements should clarify that the privileges to be granted under the amended 14 CFR §§ 21.20,21.28 must be available to American TC applicants before the foreign CAA at issue.

 

 



 

 

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