FAA Part 145 Compliance Statement help

I'm a new b here. I just started working for a new company who has applied for a 145 cert. This will be my 4th time getting a company approved. My new FSDO rep wanted the usual 145 compliance statement which I did. He now is telling me I need to provide him with a part 43 compliance statement as well. I've never done a part 43 statement before so I'm curious if this is just his wish or an actual rule. I couldn't find anything difinitive in the FAR's just vague requirements. I also asked the FSDO guy where the rule/requriement was and got the usual "it's a requriement" response with no evidence. I also searched but didn't find much out there either. Anyone out there know anything about a part 43 compliance statement?

colinw said:

I'm a new b here. I just started working for a new company who has applied for a 145 cert. This will be my 4th time getting a company approved. My new FSDO rep wanted the usual 145 compliance statement which I did. He now is telling me I need to provide him with a part 43 compliance statement as well. I've never done a part 43 statement before so I'm curious if this is just his wish or an actual rule. I couldn't find anything difinitive in the FAR's just vague requirements. I also asked the FSDO guy where the rule/requriement was and got the usual "it's a requriement" response with no evidence. I also searched but didn't find much out there either. Anyone out there know anything about a part 43 compliance statement?

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Is he referring to the statement in block 19 of FAA form 8130-3?

Certifies that unless otherwise specified in Block 13, the work identified in Block 12 and described in Block 13 was accomplished in accordance with Title 14, Code of Federal Regulations, part 43 and in respect to that work, the items are approved for return to service.

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145.1 states:

This part also contains the rules a certificated repair station must follow related to its performance of maintenance, preventive maintenance, or alterations of an aircraft, airframe, aircraft engine, propeller, appliance, or component part to which part 43 applies.

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That said, it sounds like an individual interpretation to me although I do have limited experience with the FSDO side.

This is actually from the application process and not the 8130-3. In 8300.10 is says:

(b) Letter of compliance. ​

​

​

​

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intent of the regulation.

All that being said, if the FSDO rep wants us to make a statement on ALL applicable FAR's, that would be an endless list. 145 references many other parts and what about AC, SIL's, SB, and everything else? I still think that since we are applying for a 145 repair station certification, that should be the part we submit our compliance statement for. What do you all think?

colinw said:

This is actually from the application process and not the 8130-3. In 8300.10 is says:

(b) Letter of compliance. ​

The letter of compliance
will ensure that all applicable regulatory requirements
are addressed during the certification process. This is done
by listing each applicable FAR section, in sequence with the
FARs. After each listed regulation, there must be a brief
narrative or specific reference to a manual/document that
describes how the applicant will comply with that regulation.
The letter of compliance must be reviewed to ensure
that the applicant has a clear understanding of the regulation
and that the proposed method of compliance meets the​

intent of the regulation.

All that being said, if the FSDO rep wants us to make a statement on ALL applicable FAR's, that would be an endless list. 145 references many other parts and what about AC, SIL's, SB, and everything else? I still think that since we are applying for a 145 repair station certification, that should be the part we submit our compliance statement for. What do you all think?

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I would agree, but there are additional applicable FARs not in 145. What about the FARs relating to a Drug & Alcohol testing program?

Al,
That's my issue. What about all the other FAR's and AC's and.....and....and! It would be endless. I sent this email (long) to my FSDO guy.....and he got fairly mad at me:

Hi guys,
OK, I'm having a difficult time wrapping my head around this Part 43 letter of compliance. I've never done one before for part 43 so I've done some investigation. Here is what I have come up with and was taken a bit by surprise:

The rule:
§ 145.51 Application for certificate.

(a) An application for a repair station certificate and rating must be made in a format acceptable to the FAA and must include the following:

(1) A repair station manual acceptable to the FAA as required by §145.207;

(2) A quality control manual acceptable to the FAA as required by §145.211(c);

(3) A list by type, make, or model, as appropriate, of each article for which the application is made;

(4) An organizational chart of the repair station and the names and titles of managing and supervisory personnel;

(5) A description of the housing and facilities, including the physical address, in accordance with §145.103;

(6) A list of the maintenance functions, for approval by the FAA, to be performed for the repair station under contract by another person in accordance with §145.217; and

(7) A training program for approval by the FAA in accordance with §145.163.


As you can see above, nowhere in the rule does it require any Letter of Compliance........However, the checklist and the PowerPoint show available on the FAA's website do.


After further investigation, I found this proposal that was issued by the FAA - FR Doc 06-9479 Dated December 1, 2006 (note, the proposal has not been implemented):

Sec. 145.51 Application for certificate.
(a) An application for a repair station certificate and rating must be made in a format acceptable to the FAA and include the following:
(1) A Letter of Compliance detailing how the applicant will comply with this chapter;

Section-by-Section Analysis

Subpart B--Certification

Section 145.51 Application for Certificate

The FAA proposes to add a provision to the application procedures that would require an applicant for a repair station certificate to provide the FAA with a letter explaining how the applicant intends to comply with the requirements of part 145. Under long-standing FAA policy and practice, repair station certificate applicants have provided this letter that the FAA refers to as a ``Letter of Compliance.'' Since the letter is an essential part of the application process, the FAA finds it appropriate to include a requirement to provide the letter in the regulations for application for a repair station certificate.

Here is ARSA's questioning:

If the FAA intended to obtain a statement of compliance only for part 145, it should note that there are many sections and paragraphs in that rule which are descriptive, proscriptive or explanatory; those sections or paragraphs do not require a showing of compliance.

If the FAA intended to ensure that the applicant and part 145 certificate holder know which portions of the quality system or training program documentation establish compliance with the applicable sections or paragraphs of part 145, it must clearly state that in the rule, the preamble and its guidance to the public and its workforce.

The FAA did not state any safety justification for requiring the letter of compliance. The preamble noted that it has historically requested the document, yet the letters of compliance previously requested only covered part 145, not the entire “chapter”.

Even if the industry has adhered to an arbitrary requirement of the agency that is not a justification for continuation. Merely stating that the letter is an “essential” part of the application process without stating why that may be so is an inadequate justification for any requirement, even a long-standing one. In order for the FAA to justify a requirement, it must have a safety basis and it must set an objective standard that provides guidance as to what is expected to show compliance.

While many of us steeped in regulatory compliance may “know” what is meant by the “letter of compliance”, anyone reading the plain words of the proposal would believe that all of 14 CFR would need to be reviewed to establish compliance with one “part”. Therefore, the current proposal is too broad.

Per the above FAA statement, it references "part" 145 and not the "chapter" which would limit the letter of compliance to only part 145, thus would negate the need for other or referenced parts.

On a final note, the FAA provides applicants with a "template" for the Letter of Compliance. It only includes part 145.


So here is my question, and I'm not trying to be a pain but rather trying to maintain continuity between the rule of a repair station and the requirements of the FSDO office.

If it's not a rule for a repair station to comply with, why is a part 145, or any other part, letter of compliance required? If it is required by internal FAA documents, then why isn't it made into a rule? The rationale behind this is because it is difficult for a repair station to be compliant with unknown requirements that are not officially documented.

Any help explaining this would be great, because my head hurts now.

Here was his reply from my message above:

Here is the reasoning behind our need for the compliance statement to include 14 CFR part 43:

145.1 Applicability.

This part describes how to obtain a repair station certificate. This part also contains the rules a certificated repair station must follow related to its performance of maintenance, preventive maintenance, or alterations of an aircraft, airframe, aircraft engine, propeller, appliance, or component part to which part 43 applies. It also applies to any person who holds, or is required to hold, a repair station certificate issued under this part.

and

145.219 Recordkeeping.


(a) A certificated repair station must retain records in English that demonstrate compliance with the requirements of part 43. The records must be retained in a format acceptable to the FAA.

(b) A certificated repair station must provide a copy of the maintenance release to the owner or operator of the article on which the maintenance, preventive maintenance, or alteration was performed.

(c) A certificated repair station must retain the records required by this section for at least 2 years from the date the article was approved for return to service.

(d) A certificated repair station must make all required records available for inspection by the FAA and the National Transportation Safety Board.

Just to name two, the idea here is that a Repair Station is a facility that is doing work IAW 14 CFR part 43, without part 43 the repair station has nothing, so this office is looking for your understanding and your procedures as to how part 43 is going to be complied with, either by you indicating that directly in the compliance statement or by reference to how it will be complied with in your RSM/QCM etc.

Lets us know if you require any more information,

Hi ColinW,

From my own experience, I can confirm that you have to show compliance with both Part 43 and Part 145 when applying for a CFR 14 Part 145 approval.


Please have a look into the following link:
https://www.faa.gov/aircraft/repair/become/preapplication/

All you have to do is issuing a cross reference list.

In this cross reference list you should list all the paragraphs i.a.w. Part 43 and Part 145 and refer to where in the quality management manual, procedures etc. you have described how your repair station will fulfil the relevant requirement.


Hope this helps.

Angelika

In regards to the "requirement" for Part 43 in the Statement of Compliance for Part 145 repair station application: I have, at the last minute, found myself in the same situation. Obviously, there is no practical way to reference every part of 43. In working (battling) with my FSDO, it came down to them requiring references in the compliance statement to 43.9, 43.11, and 43.13. Even though this is far less that the entire 43 chapter, it is repetition of what is already in the part 145 compliance statement, and like others here, I could not get them to show me the rule requiring part 43 references on a compliance statement. I'm still in the battle with FSDO over this, but I am also trying to come up with compliance statement for part 43 just in case. This is just "Regulation by Opinion" again.