o 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Federal Aviation Administration 6500 South Uacarthur Boulevard 

Mike Monroney Aeronautical Center Oklahoma City, OK 73169-6901 

"n 

January 19,2011 

Docket Management Facility C^rz^lZ^ 

US Department of Transportation >* ?H§— ' 

1200 New Jersey Avenue, SE c:p 0§ ^ 

West Building Ground Floor jz- o"-3 

Room W12-140 ^ 

Washington, DC 20590 

SUBJECT: PETIITION FOR GRANT OF EXEMPTION 

Pursuant to Title 14 Code of Federal Regulations (CFR), Federal Aviation Regulation (FAR) Part 11, 

Section 11.25, the Federal Aviation Administration (FAA) Air Traffic Organization, Technical 

Operations Services, Aviation System Standards, respectfully petitions for exemption from FAR Part 

183, Section 183.1 to the extent necessary to permit Aviation System Standards organization ability 

to hold designation as a representative of the Administrator by obtaining an Organization 

Designation Authorization (ODA) under subpart D of Part 183. Aviation System Standards, as a 

Federal Government entity, requests exemption from the reference ""private persons'' as it is used 

within the scope of applicability of FAR Part 183. 

NATURE AND EXTENT OF RELIEF 

FAR Part 183.1 states, in pertinent part "This part prescribes the requirements for designating private 

persons to act as representatives of the Administrator". The extent of relief requested for this 

exemption is specific to the reference "private persons". This relief is requested in order to permit 

Aviation System Standards, as a Federal Government entity, ability to be designated as a 

representative of the Administrator as prescribed by FAR Part 183.1(b), ""An organization may be 

designated as a representative of the Administrator by obtaining an Organization Designation 

Authorization under subpart D of this part. " 

SUBSTANTIVE FACTORS INFLUENCING EMEMPTION REQUEST 

Code of Federal Regulations Final Rule published in Federal Register; October 13, 2005 (Volume 

70, Number 197), [Docket No. FAA-2003-16685; Amendment Nos. 21-86, 121-311, 135-97, 145-

23, 183-12], established the ODA program. The ODA program expanded the scope of approved task 

available to organizational designees; increased the number of organizations eligible for 

organizational designee authorizations; and established a more comprehensive systems-based 

approach to managing designated organizations. 
The most significant change affected by the final rule realigned organizational delegation authority 

from FAR Part 21 to FAR Part 183. Aviation System Standards, as Federal government entity, is an 

established organization conducting both flight operations and aircraft maintenance operations under 

authority as a Part 135 Commercial Air Operator, Operating Certificate Number RU3A796U. In 

addition to the organization's aviation activities conducted under the FAR Part 135 Certificate 

operations. Aviation System Standards has held and continues to hold aircraft maintenance authority 

as a FAR Part 145 Certificated Repair Station, Certificate Number UA2R206L, since 1955. The 

engineering capability of the Aviation System Standards organization has been recognized and 

authorized as an approved Designated Alteration Station (DAS) under FAR Part 21, Subpart M. The 

DAS Program authority allowed the Aviation System Standards organization authority to issue 

supplemental type certificates (STCs) utilizing their approved engineering staff and its certificated 

repair station authority to support required alterations/modifications to FAA Flight Inspection 

aircraft. 

As a result of the FAR amendments implemented through this establishing the ODA, the 

organizational designation process has been realigned under scope of FAR Part 183-Represenatives 

of the Administrator. Therefore, negating Aviation System Standards, as an established federal 

government organization, is no longer eligible for designation under this rule based on its specific 

applicability to "private persons". 

BENEFIT TO THE PUBLIC 

Aviation System Standards Flight Inspection Program operates and maintains a fleet of 28 special 

mission equipped aircraft used in conducting in-flight certification and evaluation of air navigation 

aids in support of the National Airspace System (NAS). Flight Inspection operations are conducted 

both domestically and internationally, supporting both civil aviation and Department of Defense 

aviation requirements. All Flight Inspection aircraft hold current and valid Certificates of 

Airworthiness and Aircraft Registrations that meet all standards and requirements of applicable FAR. 

By agency mandate, Aviation System Standards Flight Inspection Program is required to operate and 

maintain its aircraft to the highest level of safety and as such is certificated under FAR Part 135 and 

holds Commercial Air Operator Certificate conductmg On-Demand Private Carriage Operations. 

Flight Inspection aircraft are technically complex and sophisticated based on their assigned mission 

requu'ements and therefore require continual modification and upgrade to meet on-going changes to 

au- navigation systems and evolution of the Next Generation Air Traffic Control System (NEXGEN). 

The aeronautical engineering function within the Aviation System Standards organization is an 

essential component of the Flight Inspection Program and essential in ensuring flight inspection 

aircraft modifications are accomplished in accordance with applicable aircraft certification, 

maintenance, and operations standards prescribed by FAR. 

Grantmg of this petition for exemption will result in several tangible benefits for the federal 

government and private tax payer. Permission to function under FAR 183.1 and relief from the 

reference to private persons would permit Aviation System Standards the ability to be formally 

designated as a representative of the Administrator with ODA under FAR Part 183, Subpart D. 

Ability to function as a recognized ODA unit would ensure the highest levels of safety are 

demonstrated, where as FAA Flight Inspection aircraft continue to meet all applicable airworthiness 

and certification requirements of FAR. 
Aviation System Standards maintains an organization, personnel and equipment necessary to meet 

all requirements for an organization to hold ODA as prescribed by FAR Part 183.51. A staff of 

professionally degreed aeronautical engineers with knowledge, experience, and background 

commensurate with those found in civil aviation industry are employed as full time government 

employees. Utilization and application of this valuable human capital through the ODA process 

would ensure the most effective use of existing government resources. 

EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY 

Aviation System Standards believes that its proposed plan and requested exemption will not merely 

provide an equivalent level of safety; it would enhance the level of safety of the organization. 

Engineering functions conducted under the exemption requested would enhance aviation safety by 

ensuring modifications to aircraft are approved in accordance with applicable FAR and most 

importantly accomplished by an organization designated through authority provided by FAR. 

Aviation System Standards adherence to FAR not only ensures operation to the highest level of 

safety but also allows Aviation System Standards as a government aircraft program to serve as a 

model for civil aviation industry. 

Approval for this request for exemption and its common applicability to Aviation System Standards 

to exercise privileges provided by FAR Part 183 directly supports FAA establishment of the 

Organization Authorization Designation Program. As stated by Preamble of Final Rule published in 

Federal Register; October 13, 2005 (Volume 70, Number 197), 'TAw program is needed as the 

framework for the FAA to standardize the operation and oversight of organizational designees. The 

effect of this program will be to increase the ej^ciency with which the FAA appoints and oversees 

designee organizations and allow the FAA to concentrate its resources on the most safety-critical 

matters". 

SUMMARY 

Approval request for exemption from FAR Part 183.1 as it references "privatepersons " will allow 

Aviation System Standards to be legally designated to act as a representative of the Administrator by 

obtaining an Organization Designation Authorization (ODA). With the exception of the reference to 

private persons. Aviation System Standards maintains an organization with staffing, equipment, and 

materials necessary to meet all requirements for designation as an ODA as prescribed by FAR Part 

183. Ability for Aviation System Standards to hold formal designation as prescribed by FAR Part 183 

will standardize and align the engineering functions and activities of this government organization 

with those same functions and activities recognized in private industry. Standardization and 

alignment with the civil sector will ensure government owned aircraft continue to meet all applicable 

FAR for airworthiness and ensure most effective use of government resources. 

Sincerely, 

lomas C. Accardi 

'Director of Aviation System Standards