```

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Proposed Rules]
[Pages 69171-69172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28516]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 183

[Docket No. FAA-2011-1149]

Clarification of Policy Regarding Designated Aircraft Dispatcher 
Examiners

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of availability; request for comment.

-----------------------------------------------------------------------

SUMMARY: This document announces the availability of a revised section 
of FAA Order 8900.1, regarding the qualification, authority, and 
limitations of Designated Aircraft Dispatcher Examiners (DADEs). This 
section provides guidance to FAA employees on the responsibilities, 
qualifications, and oversight of DADEs under 14 CFR part 183. Under 
this proposed revision, the FAA is clarifying its policy regarding the 
qualifications, privileges, and limitations of these designees, in 
addition to establishing guidelines for DADEs when testing applicants 
for an Aircraft Dispatcher Certificate. Upon review of the comments and 
any necessary revision, this Order would cancel and replace FAA Order 
8900.1, Volume 5, Chapter 5, Section 10, and Volume 13, Chapter 3, 
Sections 1-4, issued September 13, 2007.

DATES: Written comments must be received on or before December 8, 2011.

ADDRESSES: Send comments identified by docket number FAA-2011-1149 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at (202) 493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov, including any personal 
information the commenter provides. Using the search function of the 
docket web site, anyone can find and read the electronic form of all 
comments received into any FAA dockets, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Theodora Kessaris, Technical Programs 
Branch, Air Transportation Division, Flight Standards Service, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone: (202) 267-8166; facsimile: (202) 267-5229; email: 
Theodora.kessaris@faa.gov.

Background

    FAA Order 8900.1, Flight Standards Information Management System, 
was issued on September 13, 2007. This order consolidated and replaced 
FAA Orders 8300.1, 8400.1, and 8700.1, the FAA's guidance to 
inspectors. Included in FAA Order 8900.1 is guidance regarding FAA 
oversight of various designees authorized under 14 CFR part 183. 
Designees are private persons that the FAA Administrator has designated 
to act as his representative in examining, inspecting and testing 
persons and aircraft for the purpose of issuing airman, operating and 
aircraft certificates. Included in the list of persons the 
Administrator may designate to perform these functions on his behalf 
are Designated Aircraft Dispatch Examiners (DADEs). Pursuant to 14 CFR 
183.25(f), these designees may accept applications for and conduct 
written and practical tests for issuing aircraft dispatcher 
certificates under part 65. In some instances, DADEs may be authorized 
to issue temporary aircraft

[[Page 69172]]

dispatcher certificates to qualified applicants.
    The provisions in 14 CFR part 183 do not establish qualification 
requirements for DADEs. In October 2008, the FAA published guidance for 
inspectors that addressed DADE qualifications and the FAA's oversight 
of DADEs. This guidance was not published for public comment. This 
proposed revision of the Order would clarify the 2008 guidance and 
include the following significant information:
     A DADE will not test outside of the geographic limits of 
the Certificate Holding District Office (CHDO) without prior permission 
from the CHDO.
    This limitation is necessary to ensure proper oversight and 
monitoring of the administration of these tests by the appropriate FAA 
district office.
     A DADE will not be an employee of a 14 CFR part 65 course 
operator.
    This limitation is necessary due to the potential for a conflict-
of-interest which could occur based on the requirement under Sec.  
65.63(c)(1) for a course operator to maintain an 80% pass rate of its 
graduates, on the first testing attempt, as a condition for renewal of 
a course. The FAA is concerned that a DADE employed by such a course 
operator might not be objective when administering a test to an 
applicant who has graduated from the DADE's employer or affiliate.
     Time spent testing an applicant should be no more than 6 
hours.
    This time period is based on the national average which was 
verified by Aviation Safety Inspectors with oversight responsibility of 
DADEs. This time period takes into account the extensive requirements 
of the Aircraft Dispatcher Practical Test Standards (PTS), and the 
ability of a candidate for an aircraft dispatcher certificate to 
demonstrate his or her ability to manage a typical aircraft 
dispatcher's workload by completing each task in a timely manner.
     A DADE will not test more than one applicant for an 
aircraft dispatcher certificate at a time.
    This limitation is intended to establish consistency with the FAA's 
already established policy for initial pilot certification.
     A DADE will not administer more than two Aircraft 
Dispatcher Practical Tests in a single day.
    This limitation takes in to account the testing of a single 
applicant at a time, and an overall test time of approximately 6 hours 
per applicant, not including the time it takes to complete the 
application paper work. This policy is also consistent with that which 
is applicable to pilot testing.
    While the FAA generally does not request comment on internal 
orders, the agency has established a docket for public comments 
regarding this guidance for inspectors in recognition of the interest 
of current DADEs and applicants for an aircraft dispatcher certificate 
under part 65. The agency will consider all comments received by 
December 8, 2011. Comments received after that date may be considered 
if consideration will not delay agency action on the review. A copy of 
the proposed order is available for review in the assigned docket for 
the Order at http://www.regulations.gov.

    Issued in Washington, DC, on October 26, 2011.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. 2011-28516 Filed 11-7-11; 8:45 am]
BILLING CODE 4910-13-P
```