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1.3.4  Demonstration and finding of compliance
1.3.4.1  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 for meeting their milestones in the certification schedule contained in the certification plan.
1.3.4.2  Demonstration of compliance
1.3.4.2.1 The demonstration of compliance requires that the applicant submit substantiating data (design data, reports, analyses, 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. The test plan should show which certification tests are witnessed by ACD personnel or by an ACD delegate, when authorized.
1.3.4.2.2 The applicant should give the ACD access to the product 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 product to the ACD for testing or evaluation.
1.3.4.2.3 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.
1.3.4.2.4 Where a demonstration of compliance is to be made using an FES, the applicant should provide sufficient justification to the ACD that describes the design feature, action taken
(i.e. compensating factor), and how such an action provides an equivalent level of safety to that intended by the regulation.
1.3.4.3  Finding of compliance
Findings of compliance are made against airworthiness and environmental Standards, including special conditions, and requests for equivalent level of safety. The finding of compliance can be made by the ACD, or by its authorized delegate, depending on the pre-defined levels of involvement in the certification plan. Following a successful demonstration of compliance by the applicant on a certification item, the ACD should make a finding of compliance and subsequently sign-off the item in the certification plan. The findings are usually accomplished by the ACD through one or any combination of the following actions:
a)  Acceptance of substantiating data – reports, analysis, drawings, or similar documents are usually produced against each certification item and should be reviewed and accepted. Specific attention should be paid to the methodology and assumptions, rather than the detailed calculations or analysis.
b)  Witnessing of test – tests are performed, and witnessed by the ACD when required and agreed to, in accordance with an approved test plan. The test should be conducted only after conformity with the test plan has been established for the test articles, test environment and test facilities. The ACD does not take part in the actual performance of the test, and should remain impartial and concentrated on the test objective.
　
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