Airworthiness Notices - B031, Edition 1 - 22 December 1995

Annotations of Supplemental Type Certificates and Supplemental Type Approvals By Stamping Procedures

Background

A practice has been developed by certain holders of Supplemental Type Certificates (STCs) and Supplemental Type Approvals (STAs) of stamping photocopies of original documents with a proprietary statement or other supplementary information.  This procedure is explicitly intended to restrict the use of their data on specific aircraft serial numbers or by specific aircraft owners.  Certain STC and STA holders are of the impression that such a procedure requires the Minister to inquire about the proprietary ownership of STC or STA data when submitted by other parties.

Purpose

The purpose of this notice is to inform Canadian holders of STCs and STAs of Transport Canada Aviation (TCA) policy concerning the inclusion of supplementary instructions on these documents by a stamping procedure or other methods; and of the Minister's responsibilities concerning proprietary ownership of associated data.

FAA Position

The US Federal Aviation Administration (FAA) was consulted with respect to the practice developed by certain STC holders.  The FAA's position can be summarized as follows:

Any alteration made to an original STC document by either stamping or other means constitutes a breach of regulations.  The stamping of an STC photocopy with either a proprietary statement, warning notice or special information is unacceptable to the FAA.  This method creates an impression that the original STC contains specific provisions that were sanctioned by the FAA, which is not the case.  In view of the above implications, the current practice of stamping photocopies of STCs is not authorized by the FAA.

The FAA intends to publish an Airworthiness Alert, AC 43-16, advising STC holders of its policy concerning the stamping of STC documents with specific instructions.

Procedure Recommended by the FAA

Should an STC holder wish to restrict the use of his proprietary data on specific aircraft serial numbers or by individual aircraft owners, the pertinent information should be specified on a separate document appended to the photocopied STC.  The supplementary document generated by the STC holder should clearly indicate that any special instructions specified therein are not part of the original STC document.

TCA Position

The Aeronautics Act imposes on the Minister the promotion of aeronautics in Canada, implying an interest in the orderly conduct of the associated civil and commercial activities.  In that respect, it is Transport Canada's policy to facilitate control of proprietary data by those persons who have vested interests in STAs and STCs.  In dealing with STC or STA data, the Minister is concerned with:  (a) whether the data relates to the proposed design as it applies to the aeronautical product serial number groupings listed on the original STC or STA document; and (b) whether the data is sufficient for the purpose of demonstrating compliance with the relevant standards of airworthiness.  The stamping of a proprietary statement on any photocopy of an STC or STA does not necessarily signify proprietary ownership to TCA during review of the application, nor does it impose a duty on the Minister to inquire as to the rights of another party to use that data for either reason.

Because determination of proof of ownership is not a requisite part of the evaluation process, the Minister is not bound to investigate the interests of proprietary holders.  Should there be indications of fraudulent use of the data on the part of an applicant, the Minister may, however, turn the matter over to the responsible authority for an investigation of a possible offence under subsection 7.3(1) of the Aeronautics Act.  Where the Minister is satisfied that the altered product design still conforms to the applicable standards of airworthiness, it follows that the Minister has no grounds to deny the issue of the requested approval, notwithstanding the status of any ongoing investigation concerning the proprietary use of such data.  In summary, the use of proprietary data by an unauthorized person constitutes a civil and not an airworthiness matter.

The stamping of STCs or STAs by Canadian holders, as a means of controlling the use of their proprietary data or for any other reasons, is not acceptable to TCA.

TCA Policy

The proprietary rights associated with STC or STA data are governed outside the provisions of the Aeronautics Act, and therefore fall outside the purview of the Minister.  Access to proprietary data may be controlled by the owner using a separate information sheet generated by the STC or STA holder, clearly indicating that the restrictions imposed concerning the use of his/her proprietary data are not part of the original approval document.

For Minister of Transport

James A. Torck
Director, Airworthiness