PETITION FOR RULEMAKING TO AMEND 

TITLE 14 OF THE CODES OF FEDERAL REGULATIONS PART 183 

A Research Project 

Submitted to the US Department of Transportation, Docket Operations, 

1 

.... ..J 

West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE 

Washington, DC 20590 In Partial fulfillment of the Requirements for the Petition for 

Rulemaking 

By 

Erick N. Gracia-Galiano, MAS 

December 31, 2013 
Table of Contents 

Introduction ................................................................................................................... 3 

Professional Background ............................................................................................. 4 

Background of Representative of the Administrator or Designees .•.•.....•................ 6 

History of the Representative of the Administrator or Designees .••.•••.•........•.......... 8 

Delegation Holders Are Not Certificate Holders ....................................................... 10 

The Need for Regulatory Change ............................................................................... 11 

• The Proposed Rule ...................................................................................................... 13 

International Compatibility ........................................................................................ 27 

Cost Savings ............................................................................................................... 27 

References ................................................................................................................... 28 

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1. Introduction 

My name is Erick N. Gracia-Galiano and I am presenting this document·for5your review 

and consideration of my petition for rulemaking to amend 14 CFR Part 183 to include 

Airport Certification. Through the entire package, you will find a brief description of my 

professional career in the aviation field, a background and history of the Designee 

program, the need for regulatory change and the proposed· language for the new and 

amended rule with the information required under 14 CFR Part 11.71 to support my 

petition. 

The Federal Government has a long and outstanding record of employing veterans. 

Veterans have technical skills in areas of critical importance, and many also already have 

security clearances required for some federal positions (www.usajobs.gov). As a matter 

of fact, the Federal Government gives an extra 5 or 10 points in their application as a 

reward for having served our country. In addition, the private sector companies made a 

commitment to hire at least 100,000 U.S. military veterans by 2020. This coalition was 

launched in 2011 by eleven companies including: AT&T, Broadridge Financial Solutions, 

Inc., Cisco Systems Inc., Cushman & Wakefield Inc., EMC Corporation, Iron Mountain 

Incorporated, JPMorgan Chase & Co., Modis, NCR Corporation, Universal Health 

Services, Inc. and Verizon Communications Inc. Since then, the 100,000 Jobs Mission 

has grown to more than 120 companies that represent almost every industry in the 

American economy (www.ual.com). 

With all these efforts taking place at the same time, there are thousands of well-educated 

and trained employees in the private sector that will never be able to perform several 

duties unique of the Federal Government Employees such as the Inspection and 

Certification of Airports. For that reason, I am offering myself to start a Pilot-Program as 

a "Designated Airport Certification Safety Inspector", as stated in my petition for 

rulemaking, in the Southern Region specifically in Puerto Rico and the US Virgin Islands. 

If my proposal is approved, I will create a source of employment hiring talents that have 

always wanted to give their best in pro of the Airport and Aviation Safety. I will contribute 

with our nation's economy by providing a source of economic relief by promoting selfemployment in our youth. 

1.1 Contact Information 

Should you have any question, please do not hesitate to contact me at: 

Mailing Address: 

Palacios del Monte 

1645 Denali St. 

Toa Alta, PR 00953-5252 

Email Address: 

sportaviationpr@gmail.com 

Phone Number: 

787-31 0-334 7 

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2. Professional Background 

My academic preparation includes a Bachelor Degree in Airway Science Management 

graduated Suma Cum Laude from the Inter American University of Puerto Rico School of 

Aeronautics and a Master Degree in Aeronautical Science with a Minor in Aviation Safety 

Systems (with Honors) from Embry-Riddle Aeronautical University. In addition, as an 

active member of the American Association of Airport Executives (AAAE), and in my 

eagerness for excellence, I successfully finished the Airport Certified Employee (ACE) 

program in Operations, the Certified Member (CM) program, and now I am an Accredited 

Airport Executive (AAE) candidate, among others. Finally, I went through the Airport 

Certification Academy for Non-FAA personnel at the FAA Academy in Oklahoma City. 

My background includes more than twenty combined years of successful management 

experience in the aviation field and the Academia on the top ranked private university in 

Puerto Rico. As part of the FAA, as a Representative of the Administrator, I can offer 

particular expertise in the Airport Operations Administration, Training & Curriculum 

development and implementation, and Safety Management with in-depth knowledge of 

the Federal Regulations such as FARs parts 139 and 77, among others. In addition, I 

have worked, hand in hand, with the Puerto Rico Ports Authority's Security Office and 

other Federal Agencies such as the FAA, FBI, TSA, DEA, US Secret Service, and the PR 

Police Department in the logistic of high profile operations at the airport such as the 

extraditions, Illegal Substances Operations, arrivals and departures of VIPs, and 

International Heads of State, Military Operations, and the US Presidential Visit, among 

others. I proudly performed the Safety Self Inspection prior to the landing of the Air Force 

One at the Luis Munoz Marin (LMM) International Airport. 

My years of multiple experiences in the Airports and the Academia, as a Professor, have 

given me strong bi-lingual written and communication skills with an extensive background 

in the submission of executive-level reports; a well-developed talent to perform multi-· 

tasking activities. 

Among my proven latest achievements are the FAA Approval of the Airport Certmcation 

Manual and Airport Emergency Plan for the LMM International Airport saving the Ports 

Authority more than $100,000.00 in consultancy services; the developed and 

implementation of a new, state of the art, non-traditional training curriculum for the 

operations personnel increasing the employees Operational Safety Awareness by 47%, 

and the development and implementation of a Wildlife Hazard Management Plan (inhouse program published in the Airport Certification Manual (ACM)) that resulted in a 

significant reduction of more than 80% of the green iguanas at the operational areas of 

the airport until the official Wildlife Hazard Management Plan (WHMP) was approved. 

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Finally, I have been responsible for the detailed planning and management of all the 

documentation needed for our Annual Federal Inspections being "one of the best that the 

Federal Inspectors have seen", and the planner and Exercise Director of the last TriAnnual Full Scale Exercises "New Horizon 2013" at the Luis Munoz Marin International 

Airport. 

On the other hand, I have been responsible for leading and supervising a staff of over 25 

employees, the annual performance evaluation of six Supervisors, recommendation of 

disciplinary actions {when needed), creation of employee schedules, the 

recommendation and submission of the Operation Division's annual budget, the revision 

of internal policies and regulations, and the opportunity to transmit the light of knowledge 

to our youth, among others. 

I am a responsible worker and a proven goal achiever with the ability to interact directly 

with people and to work as a team leader or as a teammate. I understand the 

responsibilities of being a Representative of the Administrator, but with my previous 

knowledge and experiences, I feel prepared for any professional challenge in the future. 

Thank you for your time and consideration of my proposal for rule making . 

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3. Background of Representative of the Administrator or Designees 

3.1 Legal Authority 

Title 49 Section 44702(d) of the United States Code provides that the Administrator may 

delegate to a qualified private person, or an employee supervised by that person, a matter 

related to the examination, testing, and inspection necessary to issue a certificate and the 

issuance of the certificate. The tenn "private person" means an indMdual or organization 

other than a governmental authority. Under the statutory authority, the FAA has set up a 

delegation system to designate individuals and organizations to perform certain 

certification functions. Those holding these designations are commonly referred to as 

"representatives of the Administrator" and "designees." When acting as representatives 

of the Administrator, designees are required to perform in a manner consistent with the 

policies, guidelines, and directives of the Administrator. When perfonning a delegated 

function, designees are legally distinct from and act independent of the organizations that 

employ them . 

Regulations about indMduals and organizations perfonning ainnan and aircraft 

certification functions have been promulgated in 14 CFR parts 21 and 183, and Special 

Federal Aviation Regulation (SFAR) 36. · 

3.21ndustry/FAA Working Group 

The FAA established the Aviation Rulemaking Advisory Committee (ARAC) in January 

1991 to provide a continuing mechanism to involve the public in the regulatory process 

(56 FR 2190, January 22, 1991; 59 FR 9230, February 19, 1993). One subjectthatARAC 

addresses is aircraft certification procedures (57 FR 39267, August 28, 1992). On March 

29, 1993, the FAA established the Delegation System Working Group of ARAC (58 FR 

16573) to examine one aspect of certification procedures. Specifically, the Delegation 

System Working Group was tasked with reviewing the current designee programs to 

determine what would improve the safety and the quality and effectiveness of the system. 

Also, the Working Group was tasked with recommending to the ARAC new rules, revised 

rules, and advisory, guidance, and other collateral materials (including legislative and 

training materials). The FAA sought a recommendation for a comprehensive, up-to-date, 

systematic approach for delegating aircraft certification functions to both individuals and 

organizations. The expectation was that the proposed approach would provide a smooth 

transition from the current designation system to the recommended system, and the 

recommended system would be compatible with similar aviation systems of other 

countries. The Delegation System Working Group members were directed to send their 

recommendations to the ARAC, which would detennine whether to send them to the FAA. 

On June 19, 1998, the FAA expanded the task of the Delegation Working Group (63 FR 

33758, June 19, 1998) to include recommendations on appointing organizational 

Designated Airworthiness Representatives (OARs) under § 183.33. Further, the 

expanded task included evaluation of organizations that would be designated to find 

compliance for issuing operating certificates under parts 133 and 137, air agency 

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certificates under part 141, and training center certificates under part 142. The Working 

Group was also asked to review § 183.15 about the duration of designations under part 

183. The ARAC Delegation System Working Group sent a recommendation to the ARAC. 

The ARAC accepted the recommendation and gave it to the FAA. 

This proposed rule is based on the Legal Authority of the Representative of the 

Administrator or Designees and the historic evidence from the Industry working groups 

that the FAA has established. -

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4. History of the Representative of the Administrator or Designees 

The present delegation system has evolved over many decades of aircraft certification 

experience and regulatory development. In the Mid-1940s the FAA's predecessor 

agency, the Civil Aeronautics Administration (CAA), set up programs to appoint 

designees to perform airman-, airworthiness-, and certification-approval tasks. These 

designee programs included the Designated Engineering Representative (DER), the 

Designated Manufacturing Inspection Representative (DMIR), and the Designated Pilot 

Examiner (OPE). 

In the early 1950s, because of the rapidly expanding aircraft industry and limited CAA 

engineering and manufacturing resources, the CAA began Delegation Option 

Authorization (DOA) procedures (currently in part 21, subpart J) for performing aircraft 

certification functions. The DOA procedures facilitate certification of products 

manufactured by experienced, knowledgeable organizations. DOAs are granted to 

manufacturers after an evaluation of their engineering competency, facilities, personnel, 

and experience. DOAs may be used for certification and airworthiness approval of the 

products manufactured by the authorization holder. 

During the Mid-1950s, the CAA received many complaints from the aviation industry 

about delays in issuing supplemental type certificates (STCs) to approve major 

alterations. In cooperation with an industry committee representing modification facilities, 

the CAA studied these delays. The resulting recommendation was that the delays could 

be decreased by allowing approved engineering staff of repair stations to issue STCs. 

Amendment No. 21~ (30FR 11379, September 8, 1965) established the procedures for 

the Designated Alteration Station (DAS) in 14 CFR Part 21, subpart M. This designation 

allows eligible air carriers, commercial operators, domestic repair stations, and 

manufacturers of products to issue STCs and related airworthiness certificates. 

In the Mid-1970s, the FAA conducted an operations review program to increase the 

agency's responsiveness to the needs of the public and the aviation community. While 

major alteration data could be approved using STCs issued under the DAS provisions of 

subpart M, similar provisions did not allow approval of major repair data. The FAA, 

therefore, issued SFAR 36 (43 FR 3085, January 23, 1978) to allow eligible air carriers, 

commercial operators, and domestic repair stations to develop and use major repair data 

without getting FAA approval. 

During the 1980s, there was an increase in requests for FAA airworthiness certification 

functions. As a result, Amendment 183-8 (48 FR 16176, April14, 1983) was adopted in 

1983 to set up the Designated Airworthiness Representative (DAR) as a new category of 

designee. The rule authorized functions not previously covered in 14 CFR Part 183. Also, 

§183.33 allowed for the designation of organizations to serve as OARs. Such a 

designation is known as an Organizational Designated Airworthiness Representative 

(ODAR). 

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In the tate 1990s, the FAA formed a team to consolidate FAA policies and procedures for 

DAS, DOA, and SFAR 36 authorization holders. The goal of the team was to standardize 

the selection, oversight, and certification processes of these designated organizations 

throughout the FAA. As a result, the FAA developed Order8100.9, DAS, DOA, and SFAR 

36 Authorization Procedures. The requirements of the Order will serve as the basis for 

managing future delegation efforts, including ODA. 

The present system of designations of organizations (DOA, DAS, SFAR 36, and ODAR) 

has evolved over more than 40 years, during which organizational designations have 

gained specific experience in aircraft certification. The FAA's management and 

supervision of the designee system has ensured the system works well. Based on its 

decades of experience with the system, the FAA has determined the quality of approvals 

processed by these designee organizations equals those processed by the FAA. The 

designee system has continually improved procedures and has become essential to the 

certification system. These programs are examples of those that have continued under 

the FAA and that have been valuable to the agency and to the aviation industry. They 

have allowed the FAA to target its direct involvement to the most critical certification 

functions and provide timely services to the aviation industry, while assuring the 

airworthiness of aeronautical products. 

Also, the FAA has delegated other functions about airmen and operations approvals. For 

example, the agency has authorized organizations to conduct the knowledge tests that 

lead to the certification of airmen (Computer Test Designee Program). Further, it has 

issued a number of Letters of Authorization and Memorandums of Understanding to 

organizations for determining operational functions. Examples of related programs 

include: 

• The Aerobatic Competency Evaluator Program that authorizes the International 

Council of Air Shows to conduct functions under 14 CFR Part 91; and 

• The National Designated Pilot and Designated Flight Engineer Examiners 

Program that authorizes the Experimental Aircraft Association to conduct functions 

leading to the certification of pilot and crew-member applicants in vintage aircraft 

under 14 CFR parts 61 and 63. In addition, other operational functions have been 

authorized to help with FAA approvals in various specialized areas. 

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5. Delegation Holders Are Not Certificate Holders 

Title 49 United States Code section 44702 provides the Administrator of the FAA with the 

authority to issue certificates (44702(a)) and to make delegations (44702(d)). Delegation 

holders have different rights than certificate holders. Specifically, a person who holds a 

delegation holds it at the Administrator's discretion. The Administrator may suspend or 

revoke the delegation at any time for any reason. This power is specifically described in 

section 44702(d)(2). By comparison, once a certificate is issued under the power of 

section 44702(a), that certificate holder has specific appeal rights external to the 

Administrator, which include a right to appeal an adverse decision to the National 

Transportation Safety Board (NTSB). Unfortunately, some existing Federal Aviation 

Regulations use the term "certificate" to describe the document evidencing a delegation. 

For example, 14 CFR part 183 says a "Certificate of Designation" or a "Certificate of 

Authority" is issued to a person who receives a delegation. Although the term "certificate" 

is used to describe the document, the authority granted is a delegation by the 

• Administrator under 44702(d), not a certificate issued under section 44702(a). 

Because of the statutory structure, the authority granted to an ODA Holder under the 

proposed regulation will be a 44702(d) delegation, not a 44702{a) certificate. This 

authorization will be in the form of an ODA Letter of Designation. The authority of the 

Administrator to suspend, revoke, or withhold issuance of the delegations will not be 

subject to appeal to the NTSB. The procedures used to determine whether delegations 

will be made, suspended, or revoked will be controlled by administrative procedures set 

up by the Administrator under the applicable Order. 

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6. The Need for Regulatory Change 

The FAA's designee management system is essential to the FAA's safety management 

system and the certification procedures within that system. The designee system enables 

the FAA to meet its safety requirements and responsibilities and provide timely 

certification services. Delegating FAA authority to designees maximizes FAA participation 

in certification projects and allows the FAA to focus on critical safety areas. 

Through the designee system, the FAA can focus resources on new applications of 

existing technology, on new and evolving technologies, and on the growth in the aviation 

industry as a whole. By consolidating designee programs, the agency can further its 

standardization efforts and use the resources of the aviation industry more effectively. 

There are several factors that are beginning to affect, in a negative way, the certification 

process. The FAA has suffered from the Federal Government's economic recession, the 

Sequestration of the Federal Budget, and finally the Government Shutdown. A direct 

consequence is that FAA's workload continues to increase because of increased requests 

for services and increased levels of complexity in the products being introduced in the 

aerospace market and a direct decrease of employees. Also, the FAA has focused its 

resources toward continuing the operational safety of in ... service products, and developing 

regulations and standards necessary to increase the level of safety. The net effect is a 

decrease in FAA capacity to perform their duties. In combination, these factors have 

made it more difficurt for the FAA to provide timely services to its customers. 

A report issued by the United States General Accounting Office (GAO}, entitled "Aircraft 

Certification: New FAA Approach Needed to Meet Challenges of Advanced Technology" 

(GAO/RCED-93-155, September 1993), states that since the late 1950s, official 

estimates show a fivefold increase in the work needed to certificate a new aircraft. During 

this same period, the FAA's workload increased in areas such as monitoring already 

certificated aircraft, issuing airworthiness directives, and developing new regulations and 

policies. With the rise in workload, the FAA's dependence on the designee system has 

increased. This is particularly true for the certification of new, advanced-technology 

aircraft software and computer systems. 

The report entitled "Challenge 2000: Recommendations for Future Aviation Safety 

Regulations" prepared for the FAA by Booz-AIIen and Hamilton, Incorporated (April 

1996), lends support to enhancing the designee program. The report states that given 

the increasing complexity in aircraft manufacturing and maintenance, and in airline 

operations, ownership, and services, when Federal government resources are being 

constrained, the FAA must find a means to "do more with less." One of the resources 

available to the FAA involves working in concert with industry and improving the 

designation process to make it more effective; this would, in turn, provide industry with 

needed flexibility to manage its affairs more efficiently. It would also allow the FAA to 

focus on safety-critical issues. 

Both reports explain the need for regulatory change and obviously talk about the 

certification process of the aircraft and the need to "do more with less". But what about 

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the certification process of the airports? As of today, there are 546 certificated airports in 

the United States and approximately 40 Airport Certification and Safety Inspectors. This 

is an average ratio of 14:1 (14 airports per Inspector). Just the Southern Region, where 

I belong to, has an average ratio of 16 airports per Inspector. That is too much workload 

and responsibility for one person. 

In response to issues raised in these reports and in recognition of the environment that 

led to their publication, the FAA determined that the designee program would be further 

improved by expanding the eligibility for qualified organizations. Based on this evidence, 

I am requesting that the FAA continues the improvement of the designee program by 

starting the evaluation process to include the Airport Certification Program. 

The proposal will allow the FAA to delegate functions it considers necessary to qualified 

individuals (Designees). This expansion would reduce the time and cost of the 

certification process of airports. For example, Airport Operations is one area where 

delegation to conduct inspections and issue operating certificates would benefit the FAA 

and industry. Operators associated with the Airport Operation's industry tend to remain in 

the industry, and little of that expertise finds its way to the FAA ranks. By allowing 

delegations in this area, not only the FAA could benefit from this expertise, but the entire 

community will. 

My proposal is not to eliminate job positions, but to create and increase our workforce; to 

promote the "self-employment" option rather than the "Government Employment" 

alternative. I am proposing that welt trained, prepared, and educated private individuals 

be able to apply for a Designated Airport Certification Safety Inspector (DACSI) under the 

same conditions of training as established in the FAA Order 5280.5 for current and future 

Airport Certification and Safety Inspectors. Such partnerships with industry leverage the 

abilities of industry and maximize the effectiveness of the certification process for both 

the FAA and the organization . 

In summary, the designee system allows the FAA to maintain the highest level of safety 

by performing certification services. Through the designee system, the FAA can focus 

on safety critical issues and its core workload of continued operational safety and 

regulatory development. By expanding organizational designee programs, the agency 

can further its standardization efforts and use resources more effectively. 

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7. The Proposed Rule 

Under this section, I am proposing the language of the new proposed rule highlighted in 

yellow. 

§ 183.1 Scope. 

This part describes the requirements for designating private persons to act as 

representatives of the Administrator in examining, inspecting, and testing persons, 

aircraft, ~nd _airQQ~ for the purpose of issuing ~ROrt, airman, operating, and aircraft 

certificates. In addition, this part states the privileges of those representatives and 

prescribes rules for the exercising of those privileges, as follows: 

(a) An individual may be designated as a representative of the Administrator under 

subparts 8 or C of this part. 

• (b) An organization may be designated as a representative of the Administrator by 

• 

obtaining an Organization Designation Authorization under subpart D of this part. 

Subpart B-Certification of Representatives 

§ 183.11 Selection. 

(a) The Federal Air Surgeon, or his or her authorized representatives within the FAA, 

may select Aviation Medical Examiners from qualified physicians who apply. In addition, 

the Federal Air Surgeon may designate qualified forensic pathologists to assist in the 

medical investigation of aircraft accidents. 

(b) Any local Flight Standards Inspector may select a pilot examiner, technical 

personnel examiner, or a designated aircraft maintenance inspector whenever he 

determines there is a need for one . 

(c)(1) The Manager, Aircraft Certification Office, or the Manager's designee, may 

select Designated Engineering Representatives from qualified persons who apply by a 

letter accompanied by a "Statement of Qualifications of Designated Engineering 

Representative." 

(2) The Manager, Aircraft Certification Directorate, or the Manager's designee, may 

select Designated Manufacturing Inspection Representatives from qualified persons who 

apply by a letter accompanied by a "Statement of Qualifications of Designated 

Manufacturing Inspection Representative." 

(d) The Associate Administrator for Air Traffic, may select Air Traffic Control Tower 

Operator Examiners. 

(e) The Director, Aircraft Certification Service, or the Director's designee, may select 

Designated Airworthiness Representatives from qualified persons who apply by a letter 

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accompanied by a "Statement of Qualifications of Designated Airworthiness 

Representative." 

(f} __ jfhe Director of the Office of Airport Safety and Standards (AAS-1 ), or th~ 

!£5Trector's Designee, as the approving authority for issuance of Designated Airport 

Certification Safety Inspector's (DACSI) credentials, may select qualified persons who: 

ply by a letter accompanied by a "Statement of Qualifications of Designated Ai_r]:~ort 

rtification Safet~ InsP-ector (DACSI)" in accordance with FAA Order 5280.5J 

§ 183.13 Certification. 

(a) A "Certificate of Designation" and an appropriate Identification Card is issued to 

each Aviation Medical Examiner and to each forensic pathologist designated under 

§183.11(a). 

(b) A "Certificate of Authority'' specifying the kinds of designation for which the person 

concerned is qualified and stating an expiration date is issued to each Flight Standards 

Designated Representative, along with a "Certificate of Designation" for display purposes, 

designating the holder as a Flight Standards Representative and specifying the kind of 

designation for which he is qualified. 

(c) A "Certificate of Authority," stating the specific functions which the person 

concerned is authorized to perform and stating an expiration date, is issued to each 

Designated Airworthiness Representative, along with a "Certificate of Designation" for 

display purposes. 

V d) A "Certificate of Authority" specifying the kinds of designation for which the persod 

~~rned is qualified and stating an expiration date is issued to each Designated Airponl 

~ertifi·•.catioJ.!1. §~f~Jy lnsQector, along with a "Certificate of Desig_r)ation~' for disQia~ ;P-~fJ?()Ses . 

§ 183.15 Duration of certificates. 

(a) Unless sooner terminated under paragraph (b) of this section, a designation as 

an Aviation Medical Examiner or as a Flight Standards or Aircraft Certification Service 

Designated Representative or R~_s.ignat~d -~i~por:tu .Q~r!!fi~~!i()_n __ §e3feW lnspectorl, as 

described in§§ 183.21, 183.23, 183.25, 183.27, 183.29, 183.31, 183.33, ~r 18~.3§ is 

effective until the expiration date shown on the document granting the authorization. 

(b) A designation made under this subpart terminates: 

(1) Upon the written request of the representative; 

(2) Upon the written request of the employer in any case in which the 

recommendation of the employer is required for the designation; 

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(3) Upon the representative being separated from the employment of the employer 

who recommended him or her for certification; 

(4) Upon a finding by the Administrator that the representative has not properly 

performed his or her duties under the designation; 

(5) Upon the assistance of the representative being no longer needed by the 

Administrator; or 

(6) For any reason the Administrator considers appropriate. 

§ 183.17 Reports. 

Each representative designated under this part shall make such reports as are 

prescribed by the Administrator . 

Subpart C-Kinds of Designations: Privileges 

§ 183.21 Aviation Medical Examiners. 

An Aviation Medical Examiner may-

(a) Accept applications for physical examinations necessary for issuing medical 

certificates under part 67 of this chapter; 

(b) Under the general supervision of the Federal Air Surgeon or the appropriate 

senior regional flight surgeon, conduct those physical examinations; 

(c) Issue or deny medical certificates in accordance with part 67 of this chapter, 

subject to reconsideration by the Federal Air Surgeon or his authorized representatives 

within the FAA; 

{d) Issue student pilot certificates as specified in § 61 . 85 of this chapter; and 

(e) As requested, participate in investigating aircraft accidents. 

§ 183.23 Pilot examiners. 

Any pilot examiner, instrument rating examiner, or airline transport pilot examiner 

may-

(a) As authorized in his designation, accept applications for flight tests necessary for 

issuing pilot certificates and ratings under this chapter; 

(b) Under the general supervision of the appropriate local Flight Standards Inspector, 

conduct those tests; and 

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(c) In the discretion of the appropriate local Flight Standards Inspector, issue 

temporary pilot certificates and ratings to qualified applicants. 

§ 183.25 Technical personnel examiners. 

{a) A designated mechanic examiner {DME) (airframe and power plant) may-

(1) Accept applications for, and conduct, mechanic, oral and practical tests 

necessary for issuing mechanic certificates under part 65 of this chapter; and 

(2) In the discretion of the appropriate local Flight Standards Inspector, issue 

temporary mechanic certificates to qualified applicants. 

{b) A designated parachute rigger examiner (DPRE) may-

(1) Accept applications for, and conduct, oral and practical tests necessary for 

issuing parachute rigger certificates under part 65 of this chapter; and 

(2) In the discretion of the appropriate local Flight Standards Inspector, issue 

temporary parachute rigger certificates to qualified applicants. 

(c) An air traffic control tower operator examiner may-

{1) Accept applications for, and conduct, written and practical tests necessary for 

issuing control tower operator certificates under part 65 of this chapter; and 

(2) In the discretion of the Associate Administrator for Air Traffic issue temporary 

control tower operator certificates to qualified applicants. 

(d) A designated flight engineer examiner (DFEE) may-

(1) Accept applications for, and conduct, oral and practical tests necessary for 

issuing flight engineer certificates under part 63 of this chapter; and 

(2) In the discretion of the appropriate local Flight Standards Inspector, issue 

temporary flight engineer certificates to qualified applicants. 

(e) A designated flight navigator examiner (DFNE) may-

(1) Accept applications for, and conduct, oral and practical tests necessary for 

issuing flight navigator certificates under part 63 of this chapter; and 

(2) In the discretion of the appropriate local Flight Standards Inspector, issue 

temporary flight navigator certificates to qualified applicants. 

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(f) A designated aircraft dispatcher examiner (DADE) may-

( 1) Accept applications for, and conduct, written and practical tests necessary for 

issuing aircraft dispatcher certificates under part 65 of this chapter; and 

(2) In the discretion of the appropriate local Flight Standards Inspector, issue 

temporary aircraft dispatcher certificates to qualified applicants. 

§ 183.27 Designated aircraft maintenance inspectors. 

A designated aircraft maintenance inspector (DAMI) may approve maintenance on 

civil aircraft used by United States military flying clubs in foreign countries. 

§ 183.29 Designated engineering representatives. 

(a) A structural engineering representative may approve structural engineering 

information and other structural considerations within limits prescribed by and under the 

general supervision of the Administrator, whenever the representative determines that 

information and other structural considerations comply with the applicable regulations of 

this chapter. 

(b) A power plant engineering representative may approve information relating to 

power plant installations within limitations prescribed by and under the general 

supervision of the Administrator whenever the representative determines that information 

complies with the applicable regulations of this chapter. 

(c) A systems and equipment engineering representative may approve engineering, 

information relating to equipment and systems, other than those of a structural, 

powerplant, or radio nature, within limits prescribed by and under the general supervision 

of the Administrator, whenever the representative determines that information complies 

with the applicable regulations of this chapter. 

(d) A radio engineering representative may approve engineering information relating 

to the design and operating characteristics of radio equipment, within limits prescribed by 

and under the general supervision of the Administrator whenever the representative 

determines that information complies with the applicable regulations of this chapter. 

(e) An engine engineering representative may approve engineering information 

relating to engine design, operation and service, within limits prescribed by and under the 

general supervision of the Administrator, whenever the representative determines that 

information complies with the applicable regulations of this chapter. 

(f) A propeller engineering representative may approve engineering information 

relating to propeller design, operation, and maintenance, within limits prescribed by and 

under the general supervision of the Administrator whenever the representative 

determines that information complies with the applicable regulations of this chapter. 

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(g) A flight analyst representative may approve flight test information, within limits 

prescribed by and under the general supervision of the Administrator, whenever the 

representative determines that information complies with the applicable regulations of this 

chapter. 

(h) A flight test pilot representative may make flight tests, and prepare and approve 

flight test information relating to compliance with the regulations of this chapter, within 

limits prescribed by and under the general supervision of the Administrator. 

(i) An acoustical engineering representative may witness and approve aircraft noise 

certification tests and approve measured noise data and evaluated noise data analyses, 

within the limits prescribed by, and under the general supervision of, the Administrator, 

whenever the representative determines that the noise test, test data, and associated 

analyses are in conformity with the applicable regulations of this chapter. Those 

regulations include, where appropriate, the methodologies and any equivalencies 

previously approved by the Director of Environment and Energy, for that noise test series . 

No designated acoustical engineering representative may determine that a type design 

change is not an acoustical change, or approve equivalencies to prescribed noise 

procedures or standards. 

§ 183.31 Designated manufacturing inspection representatives. 

A designated manufacturing inspection representative (DMIR) may, within limits 

prescribed by, and under the general supervision of, the Administrator, do the following: 

(a) Issue-

(1) Original airworthiness certificates for aircraft and airworthiness approvals for 

engines, propellers, and product parts that conform to the approved design requirements 

and are in a condition for safe operation; 

(2) Export certificates of airworthiness and airworthiness approval tags in 

accordance with subpart L of part 21 of this chapter; 

(3) Experimental certificates for aircraft for which the manufacturer holds the type 

certificate and which have undergone changes to the type design requiring a flight test; 

and 

(4) Special flight permits to export aircraft. 

(b) Conduct any inspections that may be necessary to determine that-

(1) Prototype products and related parts conform to design specifications; and 

(2) Production products and related parts conform to the approved type design and 

are in condition for safe operation. 

--- ---------------~·------~·-------

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(c) Perform functions authorized by this section for the manufacturer, or the 

manufacturer's supplier, at any location authorized by the FAA. 

§ 183.33 Designated Airworthiness Representative. 

A Designated Airworthiness Representative (DAR) may, within limits prescribed by 

and under the general supervision of the Administrator, do the following: 

(a) Perform examination, inspection, and testing services necessary to issue, and to 

determine the continuing effectiveness of, certificates, including issuing certificates, as 

authorized by the Director of Flight Standards Service in the area of maintenance or as 

authorized by the Director of Aircraft Certification Service in the areas of manufacturing 

and engineering. 

(b) Charge a fee for his or her services. 

(c) Perform authorized functions at any authorized location. 

§ 183.35 Desig~~~ort Certification and Safe!YJ!!!~ector {DACSI)l 

~Designated Airport Certification and Safety Inspector (DACSI) may, within limi~ 

~rescriQ_~c:!__Qy~§!Jld_l;!nder the general su~ision of the Administrator, g_g_the following~ 

(a) Perform Initial, Periodic, and Surveillance inspections necessary to ensure the 

fairp~rt is safe and the certificate holder is _QJ:>eratingj_he airJ:>ort in comJ:>Iiance with 14 CFR 

r~r_tJ_~_!~g~_t~~ 

K!~) Charge a fee for his or her services.] 

c) Perform a maximum of two (2) continued authorized inspections at any Class I, 

II, IIL_s>l!V~Alr:Port as reg~_Q}' the Administrator or the Air,:>ort Administration.] 

~d) Any other activity as requested by the Administrator, such as but not limited td ~~a.ining. s,. sp·e· .cia! i.ns.pections or investigations, and serve as a subject matter exJ:>ert inl 

~t}_e !i~"lg_of_~irQor:_t_ C§r:!!f~tion_and safe!)t where reguired .j 

Subpart D-Organization Designation Authorization 

§ 183.41 Applicability and definitions. 

(a) This subpart contains the procedures required to obtain an Organization 

Designation Authorization, which allows an organization to perform specified functions on 

behalf of the Administrator related to engineering, manufacturing, operations, 

airworthiness, or maintenance. 

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(b) Definitions. For the purposes of this subpart: 

Organization Designation Authorization (ODA) means the authorization to perform 

approved functions on behalf of the Administrator. 

ODA Holder means the organization that obtains the authorization from the 

Administrator, as identified in a Letter of Designation. 

ODA Unit means an identifiable group of two or more individuals within the ODA 

Holder's organization that perfonns the authorized functions. 

§ 183.43 Application. 

An application for an ODA may be submitted after November 14, 2006. An 

application for an ODA must be submitted in a form and manner prescribed by the 

Administrator and must include the following: 

(a) A description of the functions for which authorization is requested. 

(b) A description of how the applicant satisfies the requirements of§ 183.47 of this 

part; 

(c) A description of the applicant's organizational structure, including a description of 

the proposed ODA Unit as it relates to the applicant's organizational structure; and 

(d) A proposed procedures manual as described in § 183.53 of this part. 

§ 183.45 Issuance of Organization Designation Authorizations. 

(a) The Administrator may issue an ODA Letter of Designation if: 

(1) The applicant meets the applicable requirements of this subpart; and 

(2) A need exists for a delegation of the function. 

(b) An ODA Holder must apply to and obtain approval from the Administrator for any 

proposed changes to the functions or limitations described in the ODA Holder's 

authorization. 

§ 183.47 Qualifications. 

To qualify for consideration as an ODA, the applicant must-

(a) Have sufficient facilities, resources, and personnel, to perform the functions for 

which authorization is requested; 

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(b) Have sufficient experience with FAA requirements, processes, and procedures to 

perform the functions for which authorization is requested; and 

(c) Have sufficient, relevant experience to perform the functions for which 

authorization is requested. 

§ 183.49 Authorized functions. 

(a) Consistent with an ODA Holder's qualifications, the Administrator may delegate 

any function determined appropriate under 49 U.S.C. 44702(d). 

(b) Under the general supervision of the Administrator, an ODA Unit may perform 

only those functions, and is subject to the limitations, listed in the ODA Holder's 

procedures manual. 

• § 183.51 ODA Unit personnel. 

Each ODA Holder must have within its ODA Unit-

(a) At least one qualified ODA administrator; and either 

(b) A staff consisting of the engineering, flight test, inspection, or maintenance 

personnel needed to perform the functions authorized. Staff members must have the 

experience and expertise to find compliance, determine conformity, determine 

airworthiness, issue certificates or issue approvals; or 

(c) A staff consisting of operations personnel who have the experience and expertise 

to find compliance with the regulations governing the issuance of pilot, crew member, or 

operating certificates, authorizations, or endorsements as needed to perform the 

functions authorized. 

§ 183.53 Procedures manual. 

No ODA Letter of Designation may be issued before the Administrator approves an 

applicant's procedures manual. The approved manual must: 

(a) Be available to each member of the ODA Unit; 

(b) Include a description of those changes to the manual or procedures that may be 

made by the ODA Holder. All other changes to the manual or procedures must be 

approved by the Administrator before they are implemented. 

(c) Contain the following: 

(1) The authorized functions and limitations, including the products, certificates, 

and ratings; 

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• 

(2) The procedures for performing the authorized functions; 

(3) Description of the ODA Holder's and the ODA Unit's organizational structure 

and responsibilities; 

(4) A description of the facilities at which the authorized functions are performed; 

(5) A process and a procedure for periodic audit by the ODA Holder of the ODA 

Unit and its procedures; 

(6) The procedures outlining actions required based on audit results, including 

documentation of all corrective actions; 

(7) The procedures for communicating with the appropriate FAA offices regarding 

administration of the delegation authorization; 

(8) The procedures for acquiring and maintaining regulatory guidance material 

associated with each authorized function; 

(9) The training requirements for ODA Unit personnel; 

(1 0) For authorized functions, the procedures and requirements related to 

maintaining and submitting records; 

(11) A description of each ODA Unit position, and the knowledge and experience 

required for each position; 

(12) The procedures for appointing ODA Unit members and the means of 

documenting Unit membership, as required under§ 183.61(a)(4) of this part; 

(13) The procedures for performing the activities required by§ 183.63 or§ 183.65 

of this part; 

(14) The procedures for revising the manual, pursuant to the limitations of 

paragraph (b) of this section; and 

(15) Any other information required by the Administrator necessary to supervise 

the ODA Holder in the performance of its authorized functions. 

§ 183.55 Limitations. 

(a) If any change occurs that may affect an ODA Unit's qualifications or ability to 

perform a function (such as a change in the location of facilities, resources, personnel or 

the organizational structure), no Unit member may perform that function until the 

Administrator is notified of the change, and the change is approved and appropriately 

documented as required by the procedures manual. 

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(b) No ODA Unit member may issue a certificate, authorization, or other approval 

until any findings reserved for the Administrator have been made. 

(c) An ODA Holder is subject to any other limitations as specified by the 

Administrator. 

§ 183.57 Responsibilities of an ODA Holder. 

The ODA Holder must-

(a) Comply with the procedures contained in its approved procedures manual; 

(b) Give ODA Unit members sufficient authority to perform the authorized functions; 

(c) Ensure that no conflicting non-ODA Unit duties or other interference affects the 

performance of authorized functions by ODA Unit members . 

(d) Cooperate with the Administrator in his performance of oversight of the ODA 

Holder and the ODA Unit. 

(e) Notify the Administrator of any change that could affect the ODA Holder's ability 

to continue to meet the requirements of this part within 48 hours of the change occurring. 

§ 183.59 Inspection. 

The Administrator, at any time and for any reason, may inspect an ODA Holder's or 

applicant's facilities, products, components, parts, appliances, procedures, operations, 

and records associated with the authorized or requested functions. 

§ 183.61 Records and reports. 

(a) Each ODA Holder must ensure that the following records are maintained for the 

duration of the authorization: 

(1) [Reserved] 

(2) For any approval or certificate issued by an ODA Unit member (except those 

airworthiness certificates and approvals not issued in support of type design approval 

projects): 

(i) The application and data required to be submitted under this chapter to 

obtain the certificate or approval; and 

(ii) The data and records documenting the ODA Unit member's approval or 

determination of compliance. 

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• 

(3) A list of the products, components, parts, or appliances for which OOA Unit 

members have issued a certificate or approval. 

(4) The names, responsibilities, qualifications and example signature of each 

member of the OOA Unit who performs an authorized function. 

(5) A copy of each manual approved or accepted by the ODA Unit, including all 

historical changes. 

(6) Training records for ODA Unit members and ODA administrators. 

(7) Any other records specified in the OOA Holder's procedures manual. 

(8) The procedures manual required under § 183.53 of this part, including all 

changes . 

(b) Each ODA Holder must ensure that the following are maintained for five years: 

(1) A record of each periodic audit and any corrective actions resulting from them; 

and 

(2) A record of any reported service difficulties associated with approvals or 

certificates issued by an ODA Unit member. 

(c) For airworthiness certificates and approvals not issued in support of a type design 

approval project, each ODA Holder must ensure the following are maintained for two 

years; 

(1) The application and data required to be submitted under this chapter to obtain 

the certificate or approval; and 

(2) The data and records documenting the ODA Unit member's approval or 

determination of compliance. 

(d) For all records required by this section to be maintained, each ODA Holder must: 

(1) Ensure that the records and data are available to the Administrator for 

inspection at any time; 

(2) Submit all records and data to the Administrator upon surrender or termination 

of the authorization. 

(e) Each ODA Holder must compile and submit any report required by the 

Administrator to exercise his supervision of the OOA Holder. 

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§ 183.63 Continuing requi.rements: Products, parts or appliances. 

For any approval or certificate for a product, part or appliance issued under the 

authority of this subpart, an ODA Holder must: 

(a) Monitor reported service problems related to certificates or approvals it hold~; 

(b) Notify the Administrator of: 

(1) A condition in a product, part or appliance that could result in a finding of unsafe 

condition by the Administrator; or 

(2) A product, part or appliance not meeting the applicable airworthiness 

requirements for which the ODA Holder has obtained or issued a certificate or approval. 

(c) Investigate any suspected unsafe condition or finding of noncompliance with the 

airworthiness requirements for any product, part or appliance, as required by the 

Administrator, and report to the Administrator the results of the investigation and any 

action taken or proposed. 

(d) Submit to the Administrator the information necessary to implement corrective 

action needed for safe operation of the product, part or appliance. 

§ 183.65 Continuing requirements: Operational approvals. 

For any operational authorization, airman certificate, air carrier certificate, air 

operator certificate, or air agency certificate issued under the authority of this subpart, an 

ODA Holder must: 

(a) Notify the Administrator of any error that the ODA Holder finds it made in issuing 

an authorization or certificate; 

(b) Notify the Administrator of any authorization or certificate that the ODA Holder 

finds it issued to an applicant not meeting the applicable requirements; 

(c) When required by the Administrator, investigate any problem concerning the 

issuance of an authorization or certificate; and 

(d) When notified by the Administrator, suspend issuance of similar authorizations or 

certificates until the ODA Holder implements all corrective action required by the 

Administrator. 

· § 183.67 Transferability and duration. 

(a) An ODA is effective until the date shown on the Letter of Designation, unless 

sooner terminated by the Administrator. 

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(b) No ODA may be transferred at any time. 

(c) The Administrator may terminate or temporarily suspend an ODA for any reason, 

including that the ODA Holder: 

(1) Has requested in writing that the authorization be suspended or terminated; 

(2) Has not properly performed its duties; 

(3) Is no longer needed; or 

(4) No longer meets the qualifications required to perform authorized functions . 

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8. International Compatibility 

In keeping with U.S. obligations under the Convention on International Civil Aviation, it is 

the FAA's policy to comply with International Civil Aviation Organization (ICAO) Standards 

and Recommended Practices to the maximum extent practicable. In my research, it was 

determined that there are no ICAO Standards and Recommended Practices that 

correspond to these proposed regulations. 

9. Cost Savings 

The proposed rule would provide potential cost savings not only to the aviation industry 

but to the Federal Government, specifically the Federal Aviation Administration by: 

(a) Increasing the amount of Certified Inspectors available to perform such duties. 

(b) Reducing the amount of airports per Certified Inspector at each Region which 

means a direct reduction of workload. The actual average/ratio is 16:1 . 

(c) The DACSI will not be assigned to a specific region, which means that can provide 

support to all the regions. 

(d) The Federal Government will save thousands of dollars in benefits and salary 

wages. 

(e) Qualified private individuals will have the opportunity to work for themselves and 

some of them will have the opportunity to hire employees. 

This proposed rule would promote greater efficiency gains than it would create added 

costs. For example, right now all ACSI are stationed at each of the nine Regional Offices 

and no one is stationed at local FSDO or ADO offices. That means that every inspector 

is subject to driving long distances or multiple flights in order to solve emergency 

situations or normal inspections. With my proposal, every State or Territory of the United 

States would have the opportunity to have their own DASCI reducing the hassle and risks 

associated to long distance driving and airports would benefit from that. 

Finally, the costs for an individual to conduct inspections would ultimately be borne by the 

end user and the distribution of those costs between large and small businesses could 

not be determined. Because of those arguments, I could say that the proposed rule would 

not have a significant economic impact on a substantial number of small entities. As a 

matter of fact, my proposed rule will create small business entities that will help local 

economies. 

In conclusion, I believe that the benefits from the proposed rule would be greater than the 

costs of complying with the proposed rule. 

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• 

1 0. References 

Electronic Code of Federal Regulations. (2013). 14 CFR Part 11.71. Retrieved from 

http://www.ecfr.gov/ 

Electronic Code of Federal Regulations. (2013). 14 CFR Part 183. Retrieved from 

http://www.ecfr.gov/ 

Federal Aviation Administration. (2013). Airports: Alaskan Region. Retrieved from 

http://www .faa .gov/airports/alaskan/ 

Federal Aviation Administration. (2013). Airports: Central Region. Retrieved from 

http://www. faa.gov/airports/central/ 

Federal Aviation Administration. (2013). Airports: Eastern Region. Retrieved from 

http://www. faa .gov/a irports/eastern/ 

Federal Aviation Administration. (2013). Airports: Great Lakes Region. Retrieved from 

http://www.faa.gov/airports/great lakes/ 

Federal Aviation Administration. (2013). Airports: New England Region. Retrieved from 

http://www. faa.gov/airports/new england/ 

Federal Aviation Administration. (2013). Airports: Northwest Mountain Region. Retrieved from 

http://www. faa .gov/airports/ northwest mountain/ 

Federal Aviation Administration. (2013). Airports: Southern Region. Retrieved from 

http://www. faa.gov/airports/southern/ 

Federal Aviation Administration. (2013). Airports: Southwest Region. Retrieved from 

http://www. faa.gov/airports/southwestl 

Federal Aviation Administration. (2013). Airports: Western-Pacific Region. Retrieved from 

http://www. faa.gov/airports/western pacific/ 

Federal Rulemaking. (2003). Department of Transportation. Federal Aviation Administration 

14 CFR Parts 21, 121, 135, 145, and 183 [Docket No. FAA-2003-16685; Amendment 

Nos. 21-86, 121-311, 135-97, 145-23, and 183-12] RIN 2120-AH79. Establishment 

of Organization Designation Authorization Program. Retrieved from 

http://www.regulations.gov/ 

United Airlines (2013). Our nation's military members and veterans represent the best this 

country has to offer. Retrieved from http://www.veteranjobsmission.com/about-themission 

USA Jobs. (2013). Welcome Veterans. Retrieved from https://www.usajobs.gov/veterans 

US Government Printing Office - www.gpo.gov 

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