Aerospace Industries Association of America, Inc.

1000 Wilson Blvd., Suite 1700, Arlington, VA 22209

Tel (703) 358‐1000  Fax (703) 358‐1011

Internet:  http://www.aia‐aerospace.org

U.S. Department of Transportation,  

Docket Operations, West Building Ground Floor,  

Room W12–140,  

1200 New Jersey Avenue, SE.,  

Washington, DC 20590

April 18, 2011

Subject:  Petition for Rulemaking ‐ Immediate Adopted Rule with Request for Comments

To Whom It May Concern:

The Aerospace Industries Association (AIA) represents the nation’s leading manufacturers and suppliers of civil,

military and business aircraft, helicopters, unmanned aircraft systems, space systems, aircraft engines, missiles,

materiel and related components, equipment, services and information technologies.  AIA is filing this petition for

rulemaking under 14 CFR part 11.61 to amend 14 CFR part 21, Subpart G to allow 14 CFR part 33 engine

manufacturers to produce articles under the engine manufacturer’s Production Certificate whereby such articles

are type certificated as part of an aircraft. 14 CFR part 11.71 requires the following information be included in the

petition.

11.71 (a)(1)Name and Mailing Address

As specified below.

11.71 (a)(2) Explanation of Proposed Action and Purpose

For a number of years, aircraft manufacturers have been issuing Requests for Proposals (RFP) whereby engine

manufacturers would “deliver” to the aircraft manufacturer’s production line not only the basic engine type

certificated under 14 CFR Part 33, but additional articles type certificated as part of the aircraft under 14 CFR Part

23, 25, 27, 29 or similar regulations of other countries (hereafter referred to as “aircraft articles”). More often than

not, the aircraft manufacturer wants to place one Purchase Order with the engine manufacturer for what is

commonly referred to as a “complete propulsion system” for the purpose of speeding the aircraft assembly

process. In addition to one Purchase Order, the aircraft manufacturers often don’t want to be faced with receiving

the basic engine on the production line then having to remove parts/assemblies on the outside of the engine to

install aircraft‐to‐engine interface articles. From a regulatory perspective, the aircraft manufacturer receives one

“certificate of conformance” from the engine manufacturer for the complete propulsion system that certifies the

complete propulsion system conforms to the applicable type design.  

In addition to aircraft manufacturers, operators typically prefer spare engines come from the engine manufacturer

with the aircraft articles installed. The operators want delivery of a complete propulsion system for many of the

same reasons the aircraft manufacturer wants delivery as outlined in the above paragraph.  
Aerospace Industries Association of America, Inc.

This petition, if granted, would allow an engine manufacturer under their Production Certificate to manufacture

and deliver to customers aircraft articles with a basic engine. Generally in today’s environment, engine

manufacturers would not supply aircraft articles to operators without an engine; however this petition would not

prohibit such action should future business drivers change.  

This letter is accompanied by an appendix containing photos that are representative of the aircraft articles being

referred to in this petition.

11.71(a)(3) Proposed Amendment Language

AIA proposes the FAA change the following Sections:

14 CFR part 21.132‐Eligibility:

(a) Letter the current paragraph (a). “Any person may apply...”

(a) Change current (a) to number (1)

(b) Change current (b) to number (2)

(c) Change current (c) to number (3)

(b) Add new paragraph (b). “An engine manufacturer may apply to have articles type certificated under

14 CFR parts 23, 25, 27 or 29 added to their Production Certificate if the engine manufacturer has

rights to the benefits of the applicable type certificate under a licensing agreement.

14 CFR part 21.142‐ Production Limitation Record

(a) Add letter (a) to existing paragraph.

(b) Add new paragraph (b) as follows: “For an engine manufacturer who has privileges granted under 14

CFR part 21.145(b), the record lists the person who holds the aircraft type certificate, the type

certificate number, the applicable aircraft model(s), the article part number(s), and the date of the

Licensing Agreement between the aircraft type certificate holder and the engine manufacturer.”

14 CFR part 21.145‐ Privileges:

(a)....

(b) The holder of a production certificate for an aircraft engine may manufacture and deliver, under

license, articles type certificated under 14 CFR parts 23, 25, 27 or 29.

(c)  Move current (b) in its entirety to new (c).

14 CFR part 21.147 – Amendment of production certificates:

The applicant for an amendment to a production certificate to add an engine type certificate or model, or

both, or aircraft type certificated articles must comply with...

11.71(a)(4) Public Interest

AIA’s petition would be in the public interest given the expected benefit of risk reduction.  While AIA is unaware of

any systemic compromised safety under current practices, unnecessary removal of components in a manufacturing

or maintenance environment is not only inefficient, it also creates opportunity for errors to be introduced.  The

aerospace manufacturing and maintenance industry has an excellent record of safe operations due largely in part

to an unsatisfied proactive quest for improved safety performance.  AIA believes this request demonstrates a

proactive mitigation that raises the safety bar.   
Aerospace Industries Association of America, Inc.

Additionally, persons who hold a European Aviation Safety Agency (EASA) Production Organization Approval (POA)

can manufacture such articles today under EASA Part 21A.163. Such privilege gives EASA POA holders a competitive

advantage over US‐based aircraft manufacturers.  

11.71(a)(5) Information That Supports Proposed Action

AIA recognizes one manufacturer has specific Part 25 articles listed on their Production Limitation Record. Such Part

25 articles are typically listed by part number and manufactured under an FAA‐approved Production Certificate

utilizing a licensing agreement between the article manufacturer and the owner of the design data. AIA is unaware

of any safety‐related quality issues caused by this approach to engine assembly for shipment to an airframe

manufacturer or operator.

  

11.71(a)(6) Facts That Support the Need for the Action

In addition to the requests from aircraft manufacturers and operators discussed above, President Obama issued

Executive Order 13563, dated January 18, 2011 whereby he ordered the following:

   

Section 1. General Principles of Regulation.

(a) Our regulatory system must protect ... safety ... while promoting ... innovation,

competitiveness, and job creation. It must promote predictability and reduce uncertainty.

   

Section 4. Flexible Approaches.

Where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted

by law, each agency shall identify and consider regulatory approaches that reduce burdens and maintain

flexibility and freedom of choice for the public.

Additionally, an exemption has been granted by the FAA to allow production of aircraft articles; however the

exemption has been temporary.  The specific Grant of Exemption, and exemptions in general require companies to

reapply regularly (generally every two years) in order to receive another Grant or potential Denial. Companies

cannot enter into long term agreements with aircraft manufacturers and operators with the uncertainty that a

grant of exemption may not be issued the next time. US aircraft manufacturers, their customers, and other US

engine manufacturers that would be affected by this Petition for Rulemaking, cannot operate with such uncertainty

either. Failure by the FAA to grant the exemption upon application by any engine manufacturer would severely

disrupt the aircraft manufacturer’s production operations in that the aircraft manufacturer would have to remove

what could be a significant amount of engine articles to install the aircraft articles.  

Aircraft manufacturers are operating a “lean” production line to streamline costs and reinforce a safety culture. An

administrative burden could also be incurred if the aircraft manufacturer had to qualify new suppliers to produce

the aircraft articles that were being produced by the engine manufacturer’s suppliers. Operators who ordered

spare engines would be faced with a similar situation as the aircraft manufacturer in removing engine tubing and

electrical harnesses to install the aircraft articles.  Operators would then have to order the aircraft articles from

different approved sources at the same time a spare engine is ordered from the engine manufacturer. This would

result in additional costs and a potential safety issue when the operator removes engine articles from a spare

engine and installs aircraft articles.

11.71(b)(1) Costs and Benefits

Although AIA did not conduct a formal cost/benefit analysis, we believe there will not be any costs to the general

public, and to no identifiable groups within society. AIA expects some cost savings to the aircraft manufacturer
Aerospace Industries Association of America, Inc.

because they can place one Purchase Order and speed up the aircraft assembly process with the delivery of a

complete propulsion system. Operators would save costs in being able to place one Purchase Order with the engine

manufacturer and quickly change an engine when needed to keep their aircraft operational and serving the public.

11.71(b)(2) Regulatory Burden on Small Businesses

AIA does not believe there will be any regulatory burden on small businesses, small organizations, small

governmental jurisdictions, or Indian tribes.

11.71(b)(3) Recordkeeping and Reporting Burdens

AIA does not believe there will be any recordkeeping or reporting burdens because aircraft and engine

manufacturers and operators would have to keep the same records they keep today. In fact, there may be less of a

recordkeeping burden since the aircraft manufacturers and operators would reduce their recordkeeping by issuing

only one Purchase Order for the complete propulsion system.

11.71(b)(4) Effect on Quality of Natural and Social Environments

AIA does not believe there would be any affect over and above what exists today.

AIA requests the FAA issue a final rule with request for comments under 14 CFR part 11.11 because the proposed

amendment would affect a limited number of aircraft and engine manufacturers who already hold Production

Certificates.  

Thank you for your consideration of this petition. Please contact myself should you have any questions.

Sincerely,

Todd Sigler

Assistant Vice President

Civil Aviation
Aerospace Industries Association of America, Inc.

Petition for Rulemaking – Appendix

The following figures provide examples of Part 25 articles:

Figure 1 ‐ Environmental Control System Articles

Figure 2 – Environmental Control System Sense Line Articles
Aerospace Industries Association of America, Inc.

Figure 3 ‐ Fire Detection Loop Article
Aerospace Industries Association of America, Inc.

Figure 4 – Pylon Drain Articles

Figure 5 ‐ Firewall