FAA Updates Guidance on Part 137 Certification Process

The FAA has released internal guidance, Notice 8900.735, which updates its process for considering applications for certification under Part 137 (amongst others). FAA certification offices will use the updated process described in this notice to conclude the certification process if an applicant does not meet applicable requirements for certification. Note that this does not apply to uncrewed-only operations. 

The applicant and FAA must first establish a Schedule of Events (SOE) for the certification process, agreeing on a timeline. If at any point the applicant fails to meet the agreed-upon timeframes contained in the SOE, or any of the below circumstances are identified by FAA at the time they are necessary for certification to continue, the application may be withdrawn: 

• The applicant has not provided the personnel necessary to complete the certification process due to, for example, a delay in hiring personnel, a delay in assignment of personnel, or an inability to retain personnel. 
• The applicant does not have the aircraft or equipment necessary. 
• The applicant does not have the facilities necessary. 
• The applicant fails to respond to requests within the timeframe communicated by the certification office, provides a late and/or inadequate response, or submits documentation that does not meet the applicable 14 CFR certification requirements. 

The FAA will provide applicants 15 calendar days to respond to notices of corrective action needed. If no response is received within that timeframe, the application may be considered withdrawn. 

If an applicant has demonstrated that they are unable or unwilling to resolve or take appropriate courses of action on regulatory requirements, an application may be referred for formal denial. This can be appealed at the applicant’s discretion.  

This change in FAA policy is another move to address the backlog of applicants on the nationwide Certification Services Oversight Process (CSOP) list. Once an application is either withdrawn or denied, FAA certification offices will move on to the next application on the CSOP list. It is therefore more important than ever for those seeking a Part 137 certificate to submit a complete initial application and maintain close, timely contact with their Flight Standards Office throughout the certification process. Be sure to check out NAAA’s Guide to Starting a Part 137 Operation for more information.