PETITION FOR RULEMAKING TOAMEND TITLE 14 OF THE CODES OF FEDERAL REGULATIONS PART 183

A Research Project Submitted tothe US Department ofTransportation, DocketOperations, 1

......J

West Building Ground Floor, Room W12-140, 1200 NewJerseyAvenue, SE Washington, DC 20590 In Partial fulfillment ofthe Requirements forthe Petition for Rulemaking

By

Erick N. Gracia-Galiano, MAS December 31, 2013

## Table ofContents

Introduction

...................................................................................................................3 Professional Background

.............................................................................................4 Background ofRepresentative ofthe AdministratororDesignees.•.•.....•................6 Historyofthe Representative ofthe AdministratororDesignees.••.•••.•........•..........8 Delegation HoldersAre NotCertificate Holders

....................................................... 10
The Need for Regulatory Change

...............................................................................11

• The Proposed Rule

......................................................................................................13
International Compatibility

........................................................................................27
CostSavings

...............................................................................................................27
References

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.. . 21Page1. Introduction My name is Erick N. Gracia-Galiano and I am presenting this document·for 5your 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 havetechnical skills in areas ofcritical importance, and manyalso already have security clearances required for some federal positions (www.usajobs.gov). As a matter offact, 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 byeleven 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 allthese effortstaking place atthe sametime, there arethousands ofwell-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 ofAirports. Forthat reason, I am offering myselfto 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. Ifmy proposal is approved, I will create a source ofemployment hiring talents that have always wanted to givetheir best in pro oftheAirport and Aviation Safety. Iwill contribute with our nation's economy by providing a source of economic relief by promoting selfemployment in ouryouth.
1.1 Contact Information Should you have anyquestion, 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: 787-310-3347

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# -**~-·** 2. Professional Background My academic preparation includes a Bachelor Degree in Airway Science Management graduated Suma Cum Laudefrom the InterAmerican UniversityofPuerto Rico School of Aeronautics and a Master Degree in Aeronautical Sciencewith 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 Academyfor Non-FAA personnel atthe FAAAcademy in Oklahoma City. My background includes more than twenty combined years ofsuccessful 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 ofthe 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 FederalAgencies 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 SelfInspection priortothe landing oftheAir Force One atthe Luis Munoz Marin (LMM) InternationalAirport. My years ofmultiple experiences in the Airports and the Academia, as a Professor, have given me strong bi-lingualwritten and communication skillswith 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 ofthe 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% ofthe 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 forourAnnual Federal Inspections being "one ofthe bestthatthe 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. Onthe other hand, I have been responsibleforleading and supervising a staffofover25 employees, the annual performance evaluation of six Supervisors, recommendation of disciplinary actions {when needed), creation of employee schedules, the recommendation and submission ofthe Operation Division's annual budget, the revision ofinternal policies and regulations, and the opportunitytotransmitthe light ofknowledge to ouryouth, among others. I am a responsible worker and a proven goal achiever

### with the abilityto 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, Ifeel prepared for any professional challenge in the future. Thankyou for yourtime and consideration ofmyproposal for rule making

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# • 3. Background ofRepresentative ofthe Administrator or Designees
3.1 Legal Authority Title 49 Section 44702(d) ofthe United States Code provides thatthe Administrator may delegateto aqualified private person, oran employeesupervised bythat person, a matter related tothe examination, testing, and inspection necessaryto issue a certificate and the issuance ofthe certificate. Thetenn "private person" means an indMdual ororganization otherthan a governmental authority. Underthe 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 ofthe Administrator" and "designees." When acting as representatives ofthe 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 legallydistinctfrom and act independentofthe organizationsthat employthem

. 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/FAAWorking 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, January22, 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 ofARAC (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 determinewhatwould improvethe safetyand the quality and effectiveness ofthe system. Also, theWorking Groupwas tasked with recommending to theARAC new rules, revised rules, and advisory, guidance, and other collateral materials (including legislative and training materials). The FAA soughta recommendation fora comprehensive, up-to-date, systematic approach for delegating aircraft certification functions to both individuals and organizations. The expectationwasthatthe 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 recommendationstotheARAC, which would detenninewhethertosendthemtothe FAA. On June 19, 1998, the FAA expanded the task ofthe 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



### -- --··--·-·------··-- 

### ---- ··-------·--··-------·------ 6IPage

# • certificates under part 141, and training center certificates under part 142. The Working Group was also asked to review 

### § 183.15 about the duration ofdesignations under part 183. TheARAC Delegation SystemWorking Groupsenta recommendation totheARAC. The ARAC accepted the recommendation and gave itto 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 thatthe FAA has established.

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• 4. History ofthe Representative ofthe Administratoror 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 oftheir engineering competency, facilities, personnel, and experience. DOAs may be used for certification and airworthiness approval ofthe products manufactured bythe 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 cooperationwith an industrycommittee representing modificationfacilities, the CAA studied these delays. The resulting recommendation was thatthe 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 ofproducts 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 ofthe public and the aviation community. While major alteration data could be approved using STCs issued underthe 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 notpreviouslycovered in 14CFR 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 FAAformed ateam to consolidate FAA policies and procedures for DAS, DOA, and SFAR 36 authorization holders. Thegoal oftheteam was to standardize the selection, oversight, and certification processes of these designated organizations throughoutthe FAA. As a result, the FAAdeveloped Order8100.9, DAS, DOA, and SFAR 36 Authorization Procedures. The requirements ofthe Orderwill serve as the basis for managing future delegation efforts, including ODA. The present system ofdesignations oforganizations (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 ofthe designee system has ensured the system works well. Based on 

### its decades ofexperiencewith the system, the FAA has determined the quality ofapprovals 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 ofthose 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 ofaeronautical products. Also, the FAA hasdelegated otherfunctions aboutairmen 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 ofAir Shows to conductfunctions under 14 CFR Part 91; and

• The National Designated Pilot and Designated Flight Engineer Examiners Program thatauthorizesthe ExperimentalAircraftAssociation to conductfunctions leading to the certification ofpilot and crew-member applicants in vintage aircraft under 14 CFR parts 61 and 63. In addition, otheroperational functions have been authorized to help with FAA approvals in various specialized areas.

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### 5. Delegation Holders Are NotCertificate Holders Title 49 United States Code section 44702 providestheAdministratorofthe FAAwith the authorityto 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 anytime 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 theterm "certificate"to describethe document evidencing a delegation. For example, 14 CFR part 183 says a "Certificate of Designation" or a "Certificate of Authority" is issuedto a personwho receives adelegation. Althoughtheterm "certificate" is used to describe the document, the authority granted is a delegation by the • Administrator under44702(d), nota certificate issued under section 44702(a). Because ofthe 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 ofan ODA Letter of Designation. The authority ofthe 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 bytheAdministrator underthe 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 procedureswithin thatsystem. Thedesigneesystem enables the FAA to meet its safety requirements and responsibilities and provide timely certification services. Delegating FAAauthoritytodesignees maximizes FAAparticipation in certification projects and allows the FAAtofocus on critical safety areas. Through the designee system, the FAA can focus resources on new applications of existing technology, on newand 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 ofthe aviation industry more effectively. There are several factors that are beginning to affect, in a negativeway, 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 isthat FAA'sworkload continuesto increasebecauseofincreased 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 resourcestoward continuingthe operationalsafetyofin

...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 difficurtforthe FAAto providetimely servicesto its customers. A report issued bythe United States General Accounting Office (GAO}, entitled "Aircraft Certification: New FAAApproach Neededto Meet Challenges ofAdvanced Technology" (GAO/RCED-93-155, September 1993), states that since the late 1950s, official estimates show afivefold increase in thework 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 computersystems. 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 ofthe 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 ofthe aircraft and the need to "do more with less". But what about
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# •

• the certification process ofthe airports? As oftoday, there are 546 certificated airports in the United States and approximately40 Airport Certification and Safety Inspectors. This is an average ratio of 14:1 (14 airports per Inspector). Justthe 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 ofthe environment that led to their publication, the FAA determined that the designee program would be further improved by expanding the eligibilityforqualified organizations. Based on this evidence, I am requesting that the FAA continues the improvement of the designee program by starting the evaluation process to includetheAirport 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 benefitthe FAA and industry. Operators associated with theAirport Operation's industrytend to remain in the industry, and little of that expertise finds its way to the FAA ranks. By allowing delegations in this area, not onlythe FAA could benefitfrom this expertise, butthe entire communitywill. My proposal is nottoeliminatejob positions, butto create and increaseourworkforce; to promote the "self-employment" option rather than the "Government Employment" alternative. I am proposing that welt trained, prepared, and educated private individuals be ableto applyfora Designated AirportCertification Safety Inspector(DACSI) underthe same conditions oftraining 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 ofthe certification process for both the FAA and the organization

. In summary, the designee system allows the FAAto maintain the highest level ofsafety 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.

12 

### I Page7. The Proposed Rule Underthis section, I am proposing the language ofthe 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 forthe exercising ofthose privileges, asfollows: (a) An individual may be designated as a representative ofthe Administrator under subparts 8 or C ofthis part.

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



# • obtaining an Organization Designation Authorization under subpart D ofthis part. Subpart B-Certification ofRepresentatives 

### § 183.11 Selection. (a) The FederalAirSurgeon, orhis or herauthorized representativeswithin 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 ofaircraft accidents. (b) Any local Flight Standards Inspector may select a pilot examiner, technical personnel examiner, or a designated aircraft maintenance inspector whenever he determinesthere 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, orthe 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 AirTraffic, may select AirTraffic Control Tower Operator Examiners. (e) The Director, Aircraft Certification Service, orthe Director's designee, mayselect Designated Airworthiness Representatives from qualified persons who apply by a letter 13IPage

# •

• 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 "CertificateofAuthority'' specifyingthe kinds ofdesignationforwhichtheperson concerned is qualified and stating an expiration date is issued to each Flight Standards Designated Representative, alongwith a "CertificateofDesignation"fordisplay purposes, designating the holder as a Flight Standards Representative and specifying the kind of designationforwhich 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 "CertificateofAuthority" specifying the kinds ofdesignationforwhich 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 ofcertificates. (a) Unless sooner terminated under paragraph (b) ofthis 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 underthis subpartterminates: (1) Upon thewritten request ofthe representative; (2) Upon the written request of the employer in any case in which the recommendation ofthe employer is required forthe designation;



### ---- 14 

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# •

• (3) Upon the representative being separated from the employmentofthe employer who recommended him or herfor certification; (4) Upon a finding by the Administrator that the representative has not properly performed his orherduties underthe designation; (5) Upon the assistance of the representative being no longer needed by the Administrator; or (6) For any reason theAdministrator considers appropriate. 

### § 183.17 Reports. Each representative designated under this part shall make such reports as are prescribed by the Administrator

. 

### Subpart C-KindsofDesignations: Privileges 

### § 183.21 Aviation Medical Examiners.
An Aviation Medical Examiner may- (a) Accept applications for physical examinations necessary for issuing medical certificates underpart67 ofthis chapter; (b) Under the general supervision of the Federal Air Surgeon or the appropriate senior regional flight surgeon, conductthose 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 ofthis chapter; and (e) As requested, participate in investigating aircraft accidents. 

### § 183.23 Pilotexaminers. Any pilot examiner, instrument rating examiner, or airline transport pilot examiner may- (a) As authorized in his designation, acceptapplications forflighttests necessaryfor issuing pilot certificates and ratings underthis chapter; (b) Underthe generalsupervision ofthe appropriate local FlightStandards Inspector, conductthosetests; and



### ----- --------------- 15 

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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 mechanicexaminer {DME) (airframe and power plant) may- (1) Accept applications for, and conduct, mechanic, oral and practical tests necessaryfor issuing mechanic certificates under part 65 ofthis 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 ofthis chapter; and (2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary parachute rigger certificates to qualified applicants. (c) An airtraffic 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 ofthis chapter; and (2) In the discretion ofthe Associate Administrator for Air Traffic issue temporary control tower operator certificates to qualified applicants. (d) A designated flight engineerexaminer (DFEE) may- (1) Accept applications for, and conduct, oral and practical tests necessary for issuing flight engineercertificates under part63 ofthis chapter; and (2) In the discretion of the appropriate local Flight Standards Inspector, issue temporaryflight engineercertificatesto qualified applicants. (e) A designated flight navigatorexaminer (DFNE) may- (1) Accept applications for, and conduct, oral and practical tests necessary for issuing flight navigator certificates under part63 ofthis 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 ofthis chapter; and (2) In the discretion of the appropriate 

### local Flight Standards Inspector, issue temporary aircraft dispatcher certificatesto qualified applicants. 

### § 183.27 Designated aircraft maintenance inspectors.
A designated aircraft maintenance inspector (DAMI) may approve maintenance on civil aircraft used by United States militaryflying 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 underthe general supervision ofthe 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 oftheAdministratorwheneverthe representative determinesthat information complies with the applicable regulations ofthis 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 underthe general supervision ofthe Administrator, whenever the representative determines that information complies with the applicable regulations ofthis chapter. (d) A radio engineering representative may approve engineering information relating tothe design and operating characteristics ofradio equipment, within limits prescribed by and under the general supervision of the Administrator whenever the representative determinesthat information complies with the applicable regulations ofthis chapter. (e) An engine engineering representative may approve engineering information relating to engine design, operation and service, within limits prescribed byand underthe general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations ofthis 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 ofthis chapter.**--------··~-------------~--------~-------·---** 17 

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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 determinesthat information complieswiththe applicable regulations ofthis chapter. (h) A flight test pilot representative may make flight tests, and prepare and approve flight test information relating to compliance with the regulations ofthis chapter, within limits prescribed by and underthe general supervision ofthe Administrator. (i) An acoustical engineering representative maywitness 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 previouslyapproved bythe DirectorofEnvironmentand Energy, for that noisetestseries

. No designated acoustical engineering representative may determine that a type design change is not an acoustical change, or approve equivalencies to prescribed noise procedures orstandards. 

### § 183.31 Designated manufacturing inspection representatives. A designated manufacturing inspection representative (DMIR) may, within limits prescribed by, and underthe general supervision of, the Administrator, dothe following: (a) Issue- (1) Original airworthiness certificates for aircraft and airworthiness approvals for engines, propellers, and product partsthat conform tothe 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 ofpart 21 ofthis chapter; (3) Experimental certificates for aircraftforwhich the manufacturer holdsthe type certificate and which have undergone changes to the type design requiring a flight test; and (4) Special flight permitsto export aircraft. (b) Conduct any inspectionsthat may be necessaryto determinethat- (1) Prototype products and related parts conform to design specifications; and (2) Production productsand related parts conform to the approved typedesign and are in condition for safe operation.



### ---**---------------~·------~·-------** 18 

### IPage(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 underthe general supervision ofthe Administrator, dothe following: (a) Perform examination, inspection, and testing services necessaryto 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 ofAircraft Certification Service in the areas of manufacturing and engineering. (b) Charge a fee for his orherservices. (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 ofthe 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 herservices.]

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

### II,**IIL_s>l!V~Alr:Port** as**reg~_Q}'** the Administrator orthe 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 DesignationAuthorization, 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. Forthe purposes ofthis subpart: Organization Designation Authorization (ODA) means the authorization to perform approved functions on behalfofthe Administrator. ODA Holder means the organization that obtains the authorization from the Administrator, as identified in a Letterof 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 ofthefunctions forwhich authorization is requested. (b) A description of how the applicant satisfies the requirements of§ 183.47 ofthis part;(c) A description ofthe applicant's organizational structure, including a description of the proposed ODA Unit as it relates tothe applicant's organizational structure; and (d) A proposed procedures manual as described in § 183.53 ofthis part. 

### § 183.45 Issuance ofOrganization Designation Authorizations. (a) TheAdministrator may issue an ODA Letter of Designation if: (1) The applicant meetsthe applicable requirements ofthis subpart; and (2) A need exists fora delegation ofthe function. (b) An ODA Holder must applyto and obtain approvalfrom the Administratorfor any proposed changes to the functions or limitations described in the ODA Holder's authorization. 

### § 183.47 Qualifications.
To qualifyfor 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 sufficientexperiencewith FAA requirements, processes, and proceduresto perform the functions forwhich 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 under49 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 staffconsisting ofoperations personnelwho havethe 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 ofthe ODA Unit; (b) Include a description ofthose changes to the manual orprocedures that may be made by the ODA Holder. All other changes to the manual or procedures must be approved bythe Administrator before they are implemented. (c) Contain the following: (1) The authorized functions and limitations, including the products, certificates, and ratings;



### --------------**-------~--·-----··** 211 Page

# • (2) The procedures for performing the authorized functions; (3) Description ofthe ODA Holder's and the ODA Unit's organizational structure and responsibilities; (4) A description ofthe facilities atwhich 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 ofall corrective actions; (7) The procedures for communicating with the appropriate FAA offices regarding administration ofthe 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; (10) For authorized functions, the procedures and requirements related to maintaining and submitting records; (11) A description ofeach 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) ofthis part; (13) The procedures for performing the activities required by§ 183.63 or§ 183.65 ofthis part; (14) The procedures for revising the manual, pursuant to the limitations of paragraph (b) ofthis section; and (15) Any other information required by the Administrator necessary to supervise the ODA Holder in the performance ofits authorized functions. 

### § 183.55 Limitations. (a) If any change occurs that may affect an ODA Unit's qualifications or ability to perform afunction (such as a change in the location offacilities, 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 bythe procedures manual.

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# • (b) No ODA Unit member may issue a certificate, authorization, or other approval until any findings reserved forthe Administrator have been made. (c) An ODA Holder is subject to any other limitations as specified by the Administrator. 

### § 183.57 Responsibilities ofan ODA Holder.
The ODA Holder must- (a) Complywith the procedures contained in its approved procedures manual; (b) Give ODA Unit members sufficient authorityto perform the authorized functions; (c) Ensure that no conflicting non-ODA Unit duties or other interference affects the performance ofauthorized functions by ODA Unit members

. (d) Cooperate with the Administrator in his performance of oversight of the ODA Holderand the ODA Unit. (e) Notify the Administrator ofany change that could affectthe ODA Holder's ability to continue to meetthe requirements ofthis partwithin 48 hours ofthe change occurring. 

### § 183.59 Inspection.
The Administrator, at anytime 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 ofthe authorization: (1) [Reserved] (2) For any approval orcertificate 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 ofcompliance.

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# • (3) A list of the products, components, parts, or appliances for which OOA Unit members have issued a certificate orapproval. (4) The names, responsibilities, qualifications and example signature of each member ofthe OOA Unitwho 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 thatthe following are maintained forfive years: (1) A record ofeach 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) Forairworthiness certificates and approvals notissued in supportofatypedesign approval project, each ODA Holder must ensure the following are maintained for two years; (1) The application and data required to be submitted underthis chapterto obtain the certificate orapproval; and (2) The data and records documenting the ODA Unit member's approval or determination ofcompliance. (d) Forall records required bythis section to be maintained, each ODA Holdermust: (1) Ensure that the records and data are available to the Administrator for inspection at anytime; (2) Submit all records and data to theAdministrator upon surrenderortermination ofthe authorization. (e) Each ODA Holder must compile and submit any report required by the Administratorto exercise his supervision ofthe OOA Holder.

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# •

• § 183.63 Continuing requi.rements: Products, parts orappliances.
For any approval or certificate for a product, part or appliance issued under the authority ofthis subpart, an ODA Holder must: (a) Monitor reported service problems related to certificates orapprovals it**hold~;** (b) Notifythe Administrator of: (1) A condition in a product, partorappliancethatcould result in afinding ofunsafe condition bythe Administrator; or (2) A product, part or appliance not meeting the applicable airworthiness requirements forwhich the ODA Holder has obtained or issued a certificate or approval. (c) Investigate any suspected unsafe condition orfinding 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 forsafe operation ofthe product, partorappliance. 

### § 183.65 Continuing requirements: Operational approvals. For any operational authorization, airman certificate, air carrier certificate, air operator certificate, orairagency certificate issued underthe authority ofthis subpart, an ODA Holder must: (a) NotifytheAdministrator ofany errorthatthe ODA Holderfinds 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 ofan authorization orcertificate; and (d) When notified bytheAdministrator, suspend issuance ofsimilarauthorizations 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 soonerterminated by the Administrator.

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# •

• (b) No ODA may be transferred atanytime. (c) TheAdministrator mayterminate ortemporarily suspend an ODAforany reason, including thatthe ODA Holder: (1) Has requested in writing thatthe authorization be suspended orterminated; (2) Has not properly performed its duties; (3) Is no longer needed; or (4) No longer meetsthe qualifications required to perform authorized functions

.

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# • 8. International Compatibility
In keeping with U.S. obligations underthe Convention on International Civil Aviation, it is the FAA's policyto complywith International CivilAviation 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 butto the Federal Government, specificallythe Federal Aviation Administration by: (a) Increasing the amount ofCertified Inspectors available to perform such duties. (b) Reducing the amount of airports per Certified Inspector at each Region which means a direct reduction ofworkload. The actual average/ratio is 16:1

. (c) The DACSI will notbe assigned toa specific region, which meansthat can provide supportto 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 ofthem will have the opportunityto hire employees. This proposed rule would promote greater efficiency gains than it would create added costs. Forexample, right nowallACSI are stationed ateach ofthe nine Regional Offices and no one is stationed at local FSDO orADO 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 orTerritory ofthe United Stateswould havethe opportunityto havetheirown DASCI reducing the hassle and risks associated to long distance driving and airports would benefitfrom that. Finally, the costsforan individualto conduct inspectionswould ultimately be borne bythe end user and the distribution ofthose costs between large and small businesses could notbedetermined. Becauseofthosearguments, Icould saythatthe proposed rule would not have a significant economic impact on a substantial number ofsmall entities. As a matter of fact, my proposed rule will create small business entities that will help local economies.
In conclusion, I believethatthe benefitsfrom the proposed rule would be greaterthan the costs ofcomplying with the proposed rule.



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# •

• 10.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/airports/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/ FederalAviationAdministration. (2013). Airports: NorthwestMountain 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 ofTransportation. 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). Ournation's militarymembers and veterans represent the best this country has to offer. Retrieved from http://www.veteranjobsmission.com/about-themission USAJobs. (2013). Welcome Veterans. Retrieved from https://www.usajobs.gov/veterans US Government Printing Office

- www.gpo.gov

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