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5.4.3.4  Level of involvement
Some CAAs have regulations that allow delegation of some or all of their functions, duties or powers to qualified individuals or organizations. The responsibilities assigned by the regulations to a CAA, however, cannot be delegated and always remain with the CAA. Under a delegation system, appropriately qualified individuals or organizations may be granted permission or authority to make a finding of compliance on behalf of their CAA. A finding of compliance by a delegate is a finding of compliance by the CAA. As such, an administrative procedure should exist for the recording of the finding of compliance by the delegated individual or organization. Some findings of compliance, however, may be the exclusive responsibility of the ACD and can not be delegated, or that the ACD may limit a delegate to making recommendations only instead of making a finding of compliance. If the applicant proposes to utilize delegated persons or organizations in the modification approval programme, the exact role of these delegates should be clearly identified in the certification compliance plan and agreed to by the ACD. The levels of involvement of the ACD, applicant and delegates will be defined by the CAA’s delegation system, taking into account such factors as limitations of the delegates, complexity of the modification, availability of technical resources, and time constraints of the modification approval project.
5.4.4   Demonstration and finding of compliance
5.4.4.1  General
Annex 8, Part II, 1.3.1 and 1.3.2 specify that proof of compliance with the design aspects of the airworthiness requirements be established through the approval of the type design and the performance of necessary inspections and ground and flight tests. In the certification compliance plan, the means of demonstrating compliance (test, analysis, or inspection/evaluation) and the levels of involvement (applicant and ACD) are already specified for each item of the certification basis. The applicant is responsible for demonstrating compliance through the agreed means, while the ACD is responsible for making a finding of compliance on the means demonstrated. Both demonstration and finding of compliance should be recorded against each item in the plan, as evidence of a successful completion. The implementation of the plan is the joint responsibility of the applicant and the ACD, however, the applicant is responsible to meet their milestone in the modification approval schedule contained in the certification plan.
5.4.4.2  Demonstration of compliance
5.4.4.2.1  The demonstration of compliance requires that the applicant submit substantiating data (design data, reports, analysis, drawings, processes, material specifications, operations limitations, flight manuals, instructions for continued airworthiness, etc). The data should be complete and in a logical format for review by the ACD. Where the demonstration of compliance involves a test, a test plan should be developed and approved prior to any actual test being performed. Official certification tests are witnessed by ACD personnel or by an ACD delegate, when authorized.
5.4.4.2.2  The applicant should give the ACD access to the product being modified in order to make any inspections, test, and engineering assessment or conduct any flight or ground test that is necessary to determine compliance with the certification item. However, the applicant should perform his own inspection and test necessary to demonstrate compliance prior to presenting the modified product to the ACD for testing or evaluation.
5.4.4.2.3 If the applicant elects to comply with optional certification items or later amendments of the airworthiness standards for the purpose of obtaining credit in the certification basis, the demonstration of compliance for both cases is mandatory, and is not subject to any exemption.
5.4.4.2.4  Where a demonstration of compliance is to be made using a finding of equivalent level of safety, the applicant should provide sufficient justification to the ACD that describe the design feature, action taken (i.e. compensating factor), and how such action provides an equivalent level of safety to that intended by the applicable airworthiness standard.
　
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