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aviation, FAA, Manufacturing, PMA, Policy, Regulatory, Uncategorized

PMA Statement of Compliance

The FAA regulations now require each PMA applicant to include a statement of compliance with each PMA application.  The statement should simply certify that the applicant has complied with the applicable regulatory requirements.

This broad certification statement  is a new requirement for the PMA community (although a certification of establishment of a FIS was required under the old regulations) but it is not a new concept to the FAA.  A similar requirement has existed for TSOA applicants.  See 14 C.F.R. 21.605(a)(1) (prior to the 2009 rule change – the TSOA requirement has now been moved to 21.603).

The regulation states:

“An applicant for a PMA based on test reports and computations must provide a statement certifying that the applicant has complied with the airworthiness requirements of this subchapter.” 14 C.F.R. 21.303(a)(5).

This requirement for a statement of compliance is fairly straightforward, on its face.

Many companies will include a certification basis checklist. This is a checklist that shows what regulations apply to the project, and summarizes how compliance to each regulation was shown.  The certification basis checklist is a fairly common item in approval packages but it is not currently required by the regulations.

The FAA has said that they are developing additional guidance for the statement of compliance.  It is possible hat the FAA will formally recommend a certification basis checklist.

In the mean time, a statement of compliance can be as simple as this:

“I certify that, in preparing this PMA application, we have has complied with the applicable airworthiness requirements.”

Some FAA offices may ask for the applicant to specify the specific regulations to which compliance has been shown.  This should be a simple matter of drawing this information from the application itself.  Where the project was subject to a prior Project Specific Certification Plan (PSCP), the list of regulations applicable to the PMA project should have been identified and agreed-upon in the PSCP.

Can the FAA require you to provide additional information in order to meet the requirement of 21.303(a)(5)?  Probably not.  The reason for this is because (1) the requirement is straightforward, and doe snot include additional data requirements, and (2) the FAA failed to comply with the Paperwork Reduction Act obligations related to the certification statement (did not publish the obligatory information associated with information collections) and therefore the FAA is not able to enforce the requirement, anyway.

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About Jason Dickstein

Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. He represents several aviation trade associations, including the Aviation Suppliers Association, the Aircraft Electronics Association, the Aircraft Fleet Recycling Association and the Modification and Replacement Parts Association.

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