1 Disposition of Comments to propos ed DADE Guidance - Docket FAA-2011-1149

Issue #1 - Testing Limitation s. Proposed policy cont ained in FAA Order 8900.1, Volume 13, Chapter 3, Section 4, paragraph 13- 223B, states that an examiner may not administer any portion of the Aircraft Disp atcher Practical Test to more than one applicant for an Aircraft Dispatcher Cer tificate at a time. The previous policy established in 2008, allowed Aircraft Dispatch er Practical Tests to be “staggered” for more than one applicant. Test “staggering” is defined as admini stering the oral portion of the Aircraft Dispatcher Practical Test one applicant while another applicant works on the manual flight plan.

Sheffield School of Aeronautics, Aviation Di spatch Institute and numerous private and anonymous commenters, objected to the proposed limitation of testi ng a single applicant

at a time. These commenters cited a reduction in the amount of tests an examiner could administer thus increasing the amount of tim e an applicant would have to wait to be

administered a test.

FAA Response: The FAA removed the ability to conduct simultaneous testing (staggering) of applicants because the provisi on conflicts with the previous and current editions of the Aircraft Disp atcher Practical Test Standa rds(PTS) (publication dates June, 2008 and May 2013 respectively). Both editi ons of the PTS state that there is no formal division between the knowledge (o ral) and Skill portion of the Aircraft Dispatcher Practical Test. Further the single applicant testing policy for Aircraft Dispatcher Practical Tests is in line with the long st anding FAA policy currently contained Order 8900.1, Volume 5, Chapter 1, Section 1, paragraph 5-7 (Testing Policies) which states only one applicant fo r an airman certificate or rating shall be

administered an oral or a fli ght test at a time. Th e Aircraft Dispatcher PTS is similar the pilot PTS in that knowledge is typically tested through oral questioning. The skill portion of the Aircraft Dispat cher Practical Test is dem onstrated through a series of

critical calculations such as those required for aircraft perf ormance, weight and balance, and manual flight planning.

The FAA has considered the numerous comments in favor of the simultaneous testing. However, taking into considera tion the entire Aircraft Disp atcher Practical test being

administered as a whole in accordance with the PTS, and the demonstration of skill through manual calculations as being comparative to a flight check, the FAA has determined that policy introduced in 2008 th at allowed an examiner to “stagger” Aircraft Dispatcher Practical Tests, was inconsistent with the FAA’s long standing policies regarding single app licant testing. To correct th is inconsistency the FAA has decided to uphold the proposed single applican t testing policy for DADEs. It should be noted that this policy is now reflec ted in FAA Order 8000.95, Designee Management Policy, and effective 4/11/2014.

The FAA recognizes that ther e could be unique situations not addressed in national2 policy, where an equivalent or greater level of safety could be pr ovided. FAA Order 8900.1 Volume 1, Chapter 1, Section 1, Paragr aphs 1-3A and 1-5A generally allow FAA inspectors, supervisors, and managers to request a deviation from FAA policy from the appropriate Headquarters Policy Di vision, when warranted. If a DADE can show a valid need, an equivalent or greater level of testing, and a definitive means to prevent cheating, the DADE, may seek a deviation through the FAA managing specialist, from the single testing requirement. Requests for deviation must be directed to the Air Transportation Division, AFS- 200 and the Regulatory Support Division, AFS600. Requests will be considered on a case by case basis and the FAA may require a demonstration of the DADE’s testing met hods prior to considering any deviation

request.

Issue #2 - Combination of Knowledge and Sk ill portions of The Aircraft Dispatcher

Practical Test. Proposed guidance contained in FAA Order 8900.1 Volume 13, Chapter 3, Section 4, paragraph 13-227 suggested that the knowledge and skill portion of the Aircraft Dispatcher Pract ical Test could be combined.

Sheffield School of Aeronautics objected to th is policy, stating that combination of the knowledge and skill portion of the Aircraft Disp atcher Practical Test diverged from the requirements of the Aircraft Dispatcher Pr actical Test Standard. Sheffield was also concerned that any interruption of the appli cant while completing the manual flight plan was contrary to the principles of DRM.

FAA Response: The Aircraft Dispatcher Practical Test Standards specifically state there is no formal division of the knowledge an d skill portion of the Aircraft Dispatcher Practical Test. The policy allowing the know ledge and skill portion of the test to be

combined is in line with the PTS. The intent of the policy is that an examiner could test an applicant’s knowledge based on the completed manual flight plan. In considering public comment, the FAA revised the Airc raft Dispatcher PTS in May, 2013. The

revised PTS section related to an Examiner’s Responsibility, clarif ies the FAA’s intent with respect to this issue. In addition, the FAA has updated the associated guidance in FAA Order 8900.1, Volume 13, Chapter 3, Secti on 4, paragraph 3-230 to coincide with

the PTS.

Issue #3 – Conflict of Interest - DADES m ay not be Affiliated with a Part 65 Aircraft Dispatcher Certification course due to the Possibility of Conflict of

Interest

. Proposed guidance contained in Order 8900.1 Volume 13, Chapter 3, Section 2, paragraph 3-176 prohibited a DADE from being affiliated with a 14 CFR part 65 Aircraft Dispatcher Certification Course. The FAA felt this limitation was necessary due

to the conflict of interest that is inherent wh en a regulated entity or an employee of such an entity, is also acting on behalf of the Administrator who is re sponsible for regulating the entity. This conflict- of-interest, could be com pounded by the requirement under part 65, § 65.63(c)(1) for a course operator to maintain an 80 percent pass rate of its graduates, on the first testing attempt, as a condition for renewal of a course. The FAA3 is concerned that a DADE who is an owner, operator or employee of an FAA-approved Aircraft Dispatcher Certification Course mi ght not be objective when administering the Aircraft Dispatcher Practical test to an a pplicant who has graduate d from that course.

Several commenters, including, Academics of Flight, Aviation Dispatch Institute and other individuals representing themselves as being affiliated with Aircraft Dispatcher Certification Courses, supported this policy citing possible improvement to the system of checks and balances, an increase in safety and a level playing field for all part 65 Aircraft Dispatcher Certif ication Course operators.

Several individual commenters, including th ose representing themselves as being affiliated with Aircraft Disp atcher Certification Course s, and Sheffield School of Aeronautics, strongly opposed this policy citi ng lack of data and/ or evidence to support the FAA’s concerns. Additionally, these commen ters cited a lack of similar prohibition

on an examiner’s affiliation with other airmen certification courses, such as 14 CFR Part

141 Pilot Schools.

FAA Response: The FAA agrees that there is curren tly no data and/or evidence to show that the level of instruction, ev aluation and testing of an appl icant is negatively impacted

when a DADE is affiliated with an Aircraft Dispatcher Certification Course. The FAA has therefore removed the prohibition of a DADE’s affiliation with an Aircraft Dispatcher Certification Course. Inst ead, the FAA has adjusted surveillance requirements and included a recommendation to conduct additional surveillance of a DADE who tests graduates of a course with which the DADE is affiliated. The additional surveillance will help the FAA to collect data and verify that a DADE’s affiliation with an Aircraft Dispatcher Cert ification Course does not affect the DADE’s objectivity or overall performance as a representa tive of the Administrator. The adjusted requirements are contained in FAA Order 8900. 1, Volume 13, Chapter 3, Section 1. If at any time data reveals that a DADE’s affiliation with an Aircraft Dispatcher Certification Course negatively affects the DADE’s objec tivity and/or performance, the FAA will revisit this policy as necessary. The relaxation of the affiliation limitation will be applicable to all DADEs and all Aircraft Disp atcher Certification C ourse operators. This will present the level playing field desired by commenter’s who were in favor of proposed prohibition. Additional guidance re lated to DADE’s who are affiliated with Aircraft Dispatcher Certification Courses, is contained in 8900.1 Volume 3, Chapter 63, section 3; Volume 13, Chapter 3, Sec tion 2, and Advisory Circular 65-XX.( The actual number of the Advisory Circular will be effective upon publication).

It’s important to note that need and ability to manage a DADE takes precedence. The FAA will not designate additional DADEs fo r the purpose of school affiliation. The FAA designates examiners based on the need s of the public and the FAA, and on the FAA’s overall ability to manage its designees.

Issue #4 - FAA Approval of Credit Allowed by 65.61(d). Proposed policy in Order 8900.1 Volume 5, Chapter 10, Section 10, para graph 5-1366 E(1), required a course operator’s criteria for dete rmining the amount of student credit hours for previous experience or training in accordance with 65.61(d), to be approved by the FAA as part4 of an Aircraft Dispatcher Certification Course outline.

Sheffield School of Aeronautics stated that they considered this to be a worthwhile attempt to reduce the “abuse” of §65.61(d); however, they objected to this policy overall, stating that it was outside of the regulatory requirements of §65.61(d ).

FAA Response: The FAA believes that this requir ement is in line with §65.61(b), which requires an applicant for approval of an aircraft dispatcher ce rtification course to submit an outline that describes the major topics and subtopics to be covered and the number of hours proposed for each. The FAA will therefore retain this policy. This policy will now be reflected in 8900.1, Volume 3, Chapter 63, section 3 and Advisory

Circular 65-XX.

Issue #5 - Graduation Certificate Requirements. The proposed policy in Order 8900.1, Volume 5, Chapter 10, Section 10, para graph 5-1355 E(1) required certain items to be included in, or attach ed to a graduation certificate.

Sheffield School of Aeronautics opposed this po licy stating that not hing in Part 65 gives the FAA the authority to dictate the contents of the course gra duation certificate. Sheffield also stated that they believed th e policy related to graduation certificates was misplaced in this particular chapter of 8900.1.

FAA Response#1: Section 65.70(b) requires that each student who successfully completes an FAA approved Aircraft Dispatcher Certification course be given a Written

Statement of Graduation. We believe it is we ll within our authority to establish policy

on the minimum contents of a document that is required by regulation. The FAA will therefore retain this policy. The policy will now be reflected in 8900.1 Volume 3, Chapter 63, section 3, Volume 5 Chapter 5, Section 10, paragraph 5-1367 and Advisory

Circular 65-XX.

FAA Response #2: The FAA agrees in part, that th e proposed policy was misplaced in this particular section of Order 8900.1. Th erefore, the FAA has established new policy that is directly applicable to Aircraft Dispatcher Certification Courses. The new policy is contained in 8900.1, Volume 3, Chapter 63, se ctions 1-3. In addition, the FAA has developed AC 65-XX, which applies directly to Aircraft Dispatcher Certification Course Operators.

Issue #6 –DADE and Applicant Feedback on School performance and Lack of Adequate FAA Oversight. Proposed policy contained in Order 8900.1, Volume 13, Chapter 3, Section 3 requires an FAA Mana ging Specialist to pr ovide training to a DADE on methods of providing feedback to the FAA regarding areas of weakness demonstrated by applicants for an Ai rcraft Dispatcher Certificate.

Sheffield School of Aeronautics generally oppos es this policy, stating that requiring a DADE to identify possible deficiencies in a part 65 Aircraft Disp atcher Certification Course is outside of the scope of 14 CFR part 183, specifically §183.25(f), which5 generally allows a DADE to administer the Aircraft Dispatcher Practical Test, and administer Temporary Aircraft Dispatcher Ce rtificates, at the discretion of the FAA.

Sheffield believes that the evaluation and oversight of part 14 CFR 65 Aircraft Dispatcher Certification Courses rests with the FAA and not with a DADE.

FAA Response – #1: The FAA agrees with Sheffield School of Aeronautics that the responsibility for oversight of a 14 CFR part 65 Aircraft Disp atcher Certification Course rests with the FAA. However, we also be lieve that the education of DADEs regarding feedback to the FAA is of value, particul arly if graduates of the same Aircraft Dispatcher Certification Course demonstr ate weakness in similar areas. Such a

demonstration could be an indicator to the FAA that a particular 14 CFR Part 65 Aircraft Dispatcher Certification Course may require additional FAA surveillance. Additional surveillance could also help dete rmine whether or not the areas of weakness demonstrated by multiple graduates of the same course is a due to deficiencies contained in the course itself, or simply the byproduct of students sharing each other’s bad habits resulting in the same negative outcome. Th is policy is now clarified in 8900.1, Volume 13, Chapter 3, section 3.

FAA Response #2: Section 183.17 states that each repr esentative designated under part 183 “shall make such reports as prescribed by the Administrator.” The FAA believes that providing feedback is equivalent to ma king a report and therefore meets the intent of §183.17.

Issue #6- Limitation on Examining Applic ants to Whom the Examiner Provided

Instruction. Proposed guidance contained in Order 8900.1 Volume 13, Chapter 3, Section 2, paragraph 13-176(E) stated that a DADE may not, at any time, administer the Aircraft Dispatcher Practical Test to any applicant to which the DADE has provided instruction in any of the subj ects (also referred to areas and topics) contained in part 65, appendix A.

Sheffield School of Aeronautics commented that they understand a need for objective evaluation of applicants for any airman certificate, but that this particular limitation exceeds what is currently in effect in Order 8900.1, Volume 13, Chapter 3, Section 1, without explanation. They also noted in their comments that, Order 8900.2, Chapter 7, Section 2, paragraph 8 guidance allows fo r some instruction by Designated Pilot Examiners (DPE), provided the applicant receiv es a certain amount of flight instruction by another instructor. Sheffi eld School of Aeronautics sugge sted an alternative to the prohibition against a DADE testing an appl icant to whom he or she has provided instruction, would be to prohi bit DADEs from testing applicants they have “signed off” (recommended) for the Aircraft Dispatcher Practical Test.

FAA Response: The FAA has removed the prohibition from DADEs being affiliated with part 65 Aircraft Dispatcher Certifi cations Courses altogether, based on public

comment. We therefore feel that in order to ensure objective eval uation of students, a limitation preventing DADEs from testing st udents to whom they have provided6 instruction, enhances safety and generally helps prevent the pract ice of “training the test”. A worst case scenario for the FAA could occur if an Aircraft Dispatcher Certification Course is operated by a single individual who provides all of the

instruction and then administers the Aircraft Dispatcher Practical Test to the applicant.

While the FAA recognizes that no “identical ” prohibition exists for other types of examiners, there are distinctly similar pr ohibitions. For example, Order 8900.1 Volume 13, Chapter 1 section 1, states in pertinent part, that a designated examiner may not “normally” conduct an evaluation of any appl icant that the designated examiner has instructed in preparation for the certificate or rating sought by the applicant.

The FAA does not believe that simply not testing an applicant the DADE has recommended for the practical test would provi de the same level of safety for initial

certification of an aircraft dispatcher, as additional fli ght instruction would for an applicant for a pilot certificate or rating. Nor would it elim inate the worst case scenario presented in this response. We believe it is essential that applicants for an Aircraft Dispatcher Certificate recei ve a thorough and objective evaluation from an examiner other than one who has provided in struction to the applicant.

The initial certificati on of aircraft dispatchers cannot be directly compared to initial certification of private pilots or Air Trans port Pilots (ATP) undergoing Initial Operating Experience (IOE). A private pilot would not be expected to exercise operational control at an airline, and an ATP would have r eceived many more hours of instruction, actual flying and additional certificati on prior to undergoing IOE at an airline. Once an aircraft dispatcher completes ini tial certification, th e overall training and qualification requirements to dispatch at an airline are nowhe re near what are requi red for pilots to fly at an airline. Additionally, there no regulatory requirements fo r an aircraft dispatcher to undergo IOE. Only a newly certificated aircraft dispatcher would be in a position to be hired by an airline, receive only 70-80 hour s of required ground instruction, (depending on aircraft group), and then be expected to ex ercise operational control jointly with the pilot-in-command of each flight the aircraft dispatcher is responsible for. This is significant because newly certificated aircraft dispatchers are often hired by regional air carriers and are often responsible for exercisi ng operational control over more than 50 flights per shift.

By the time an aircraft dispatcher is expected to jointly exercise operational control with a pilot-in-command, it’s not unus ual that total amount of tr aining the dispatcher will

have received will be 280 hours. It is theref ore critical that candida tes for an Aircraft Dispatcher Certificate be s ubject to thorough, impartial a nd objective evaluation by an examiner who has not participated in the tr aining required to prepare the candidate for the Aircraft Dispatch er Practical Test.

It should be noted that the policy prohibit ing a DADE from testing an applicant to whom the DADE has provided instruction, is currently reflected in FAA Order 8000.95, Designee Management Policy, effective 4/11/2014.7 Issue #8 –-Mandatory Failure/Minimum Passing Score. Proposed guidance contained in Order 8900.1 Volume 13, Chapter 3, section 4, states that the entire test will be considered a failure if an applican t for an Aircraft Dispatcher Certificate provides unsatisfactory responses in certain specific areas of the skill phase of the test.

Sheffield School of Aeronautics generally ag reed that the areas cited in the guidance were significant, but that requiring mandatory failure could lead to some applicants being failed based on slight errors in these areas, such as minor mathematical errors.

Sheffield was further concerned that the au tomatic failure requirement stated in the proposed guidance was outside of the scope of the Aircraft Dispat cher Practical Test Standards (PTS).

FAA Response: The FAA agrees the that edition of the Aircraft Dispatcher PTS that was in effect at the time the draft guidan ce was initially propose d, did not contain mandatory failure items or pass/fail scor e recommendations. The FAA therefore updated the Aircraft Dispatcher PTS to be more in lin e with other PTS such as those for Private, Commercial and Airline Transport Pilots , which all contain “Typical areas of Unsatisfactory Performance and Grounds fo r Disqualification” The updated Aircraft Dispatcher PTS, was pub lished in May of 2013. It includes “Typical areas of Unsatisfactory Performance and Grounds fo r Disqualification”, along with a minimum passing score. In accordance with 14 CFR§ 65.17, the minimum passing score for the Aircraft Dispatcher Practical Test is 70 percent. This is now reflected in the current edition of the PTS and in Order 8900.1, Volume 13, Chapter 3, Section 4.

Issue #9 – Practical Test Time Limitations. Proposed guidance contained in Order 8900.1, Volume 13, chapter 3, Section 4, paragraph 13-223(E) established time limits for the Aircraft Dispatcher Practical test. The limits are based on an average of 2 hours spent completing the knowledge portion of the test; 2 hours completing the skill portion of the test, and up to 2 hours completing applic ation paper work, for a total test time of

no more than 6 hours. The limits were set based on numerous reports from FAA inspectors and applicants for Aircraft Disp atcher Certificates indicating extremes in testing times. The lower extreme being 1.5 hours for the completion of the entire test, and the upper extreme being close to 12 hours for the completion of a single test.

Sheffield School of Aeronautics, along with other individual commenters, generally objected to the time limit contained in the proposed policy. These commenters stated that the policy was confusing and limited the ability of the examiner to evaluate the applicant as the examiner see fit.

FAA Response: The FAA disagrees. We feel that se tting a general guideline on testing time is prudent; will help sta ndardize the conduct of the te st and reduce the cases of extremes in testing times as described above. The FAA has therefore updated the Aircraft Dispatcher PTS, and Order 8900.1, Volume 13, Chapter 3, section 4, to state the following:8 “An examiner should allot, on average, no le ss than 4 hours and no more than 6 hours to

conduct a test.”

Issue #10 –FAA Guidelines for Staffing and Assignment of Aviation Safety Inspectors. The FAA received comments from Sheffield School of Aeronautics regarding the policies related to staffing of FAA Field O ffices and the Assignment of Aviation Inspector Resources.

FAA Response: The FAA’s staffing needs and inspec tor assignments are entirely our responsibility. We believe the staffing requireme nts set forth in this policy are in FAA’s and the public’s interest.