Recently, a non-US buyer asked whether a distributor can release an article as “New” even though the distributor is not the PAH of the article. The non-US buyer explained that the distributor’s address was found in block 4, where the production approval holder’s address is often found. The non-US buyer explained that the 8130-3 tag accompanying the article was issued by an FAA DAR.
The FAA has the ability to delegate certain powers to designees.1 FAA DARs are persons who are delegated the FAA power to review evidence, come to a conclusion that an article is manufactured under FAA part 21, meets FAA-approved design requirements, and is currently airworthy.2 The DAR documents the finding by issuing an 8130-3 tag.This procedure is usually limited to new parts, except where an importing nation has agreed to accept used parts under an FAA 8130-3.
When the FAA DAR performs this task, the FAA DAR is acting on behalf of the FAA (the distributor is merely the applicant) and is subject to FAA reporting obligations and FAA oversight. The FAA DAR must follow the FAA’s rules for issuing 8130-3 tags (this can impose additional limits; for example many DARs are only allowed to issue 8130-3 tags at the locations of accredited distributors). It is important to recognize that the distributor is not issuing the tag – the FAA is issuing it through the FAA DAR.
FAA Order 8130.21H directs the FAA DAR to list the “full name and physical address (no post office box numbers) of the organization or facility for which the form is being issued.”3 This is the applicant. The FAA DAR is typically required to list the distributor’s location in block 4.4
In recent years, the FAA has increased pressure on the industry to voluntarily use 8130-3 tags to identify their articles as airworthy. This has caused more distributors to rely on FAA DARs as a source of 8130-3 tags. 8130-3 tags issued at a distributor’s facility have been around for decades, but the focus in recent years on 8130-3 tags has made it increasingly common to see 8130-3 tags with a distributor’s address in block 4.