Docket No. 1151, 27 FR 4951, May 26, 1962, unless otherwise noted.
This part describes the requirements for designating private persons to act as representatives of the Administrator in examining, inspecting, and testing persons and aircraft for the purpose of issuing airman, operating, and aircraft certificates. In addition, this part states the privileges of those representatives and prescribes rules for the exercising of those privileges, as follows:
(a) An individual may be designated as a representative of the Administrator under subparts B or C of this part.
(b) An organization may be designated as a representative of the Administrator by obtaining an Organization Designation Authorization under subpart D of this part.
[Doc. No. FAA-2003-16685, 70 FR 59946, Oct. 13, 2005]
(a) The Federal Air Surgeon, or his or her authorized representatives within the FAA, may select Aviation Medical Examiners from qualified physicians who apply. In addition, the Federal Air Surgeon may designate qualified forensic pathologists to assist in the medical investigation of aircraft accidents.
(b) Any local Flight Standards Inspector may select a pilot examiner, technical personnel examiner, or a designated aircraft maintenance inspector whenever he determines there is a need for one.
(c)
(1) The Aircraft Certification Service 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 Aircraft Certification Service may select Designated Manufacturing Inspection Representatives from qualified persons who apply by a letter accompanied by a “Statement of Qualifications of Designated Manufacturing Inspection Representative.”
(d) The Associate Administrator for Air Traffic, may select Air Traffic Control Tower Operator Examiners.
(e) The Aircraft Certification Service may select Designated Airworthiness Representatives from qualified persons who apply by a letter accompanied by a “Statement of Qualifications of Designated Airworthiness Representative.”
(Approved by the Office of Management and Budget under control number 2120-0035)
[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-7, 45 FR 32669, May 19, 1980; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983; Amdt. 183-9, 54 FR 39296, Sept. 25, 1989; Amdt. 183-13, 73 FR 43066, July 24, 2008; Docket FAA-2018-0119, Amdt. 183-17, 83 FR 9176, Mar. 5, 2018]
(a) A “Certificate of Designation” and an appropriate Identification Card is issued to each Aviation Medical Examiner and to each forensic pathologist designated under § 183.11(a).
(b) A “Certificate of Authority” specifying the kinds of designation for which the person concerned is qualified and stating an expiration date is issued to each Flight Standards Designated Representative, along with a “Certificate of Designation” for display purposes, designating the holder as a Flight Standards Representative and specifying the kind of designation for which he is qualified.
(c) A “Certificate of Authority,” stating the specific functions which the person concerned is authorized to perform and stating an expiration date, is issued to each Designated Airworthiness Representative, along with a “Certificate of Designation” for display purposes.
[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-2, 32 FR 46, Jan. 5, 1967; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983]
(a) Unless sooner terminated under paragraph (b) of this section, a designation as an Aviation Medical Examiner or as a Flight Standards or Aircraft Certification Service Designated Representative as described in §§ 183.21, 183.23, 183.25, 183.27, 183.29, 183.31, or 183.33 is effective until the expiration date shown on the document granting the authorization.
(b) A designation made under this subpart terminates:
(1) Upon the written request of the representative;
(2) Upon the written request of the employer in any case in which the recommendation of the employer is required for the designation;
(3) Upon the representative being separated from the employment of the employer who recommended him or her for certification;
(4) Upon a finding by the Administrator that the representative has not properly performed his or her duties under the designation;
(5) Upon the assistance of the representative being no longer needed by the Administrator; or
(6) For any reason the Administrator considers appropriate.
[Doc. No. FAA-2007-27812, 73 FR 43066, July 24, 2008]
Each representative designated under this part shall make such reports as are prescribed by the Administrator.
An Aviation Medical Examiner may—
(a) Accept applications for physical examinations necessary for issuing medical certificates under part 67 of this chapter;
(b) Under the general supervision of the Federal Air Surgeon or the appropriate senior regional flight surgeon, conduct those physical examinations;
(c) Issue or deny medical certificates in accordance with part 67 of this chapter, subject to reconsideration by the Federal Air Surgeon or his or her authorized representatives within the FAA; and
(d) [Reserved]
(e) As requested, participate in investigating aircraft accidents.
[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-2, 32 FR 46, Jan. 5, 1967; Amdt. 183-5, 38 FR 12203, May 10, 1973; Docket FAA-2010-1127, Amdt. 183-15, 81 FR 1307, Jan. 12, 2016]
Any pilot examiner, instrument rating examiner, or airline transport pilot examiner may—
(a) As authorized in his designation, accept applications for flight tests necessary for issuing pilot certificates and ratings under this chapter;
(b) Under the general supervision of the appropriate local Flight Standards Inspector, conduct those tests;
(c) In the discretion of the appropriate local Flight Standards Inspector, issue temporary pilot certificates and ratings to qualified applicants; and
(d) Accept an application for a remote pilot certificate with a small UAS rating and verify the identity of the applicant in a form and manner acceptable to the Administrator.
[Docket 1151, 27 FR 4951, May 26, 1962, as amended by Docket FAA-2015-0150, Amdt. 183-16, 81 FR 42214, June 28, 2016]
(a) A designated mechanic examiner (DME) (airframe and power plant) may -
(1) Accept applications for, and conduct, mechanic, oral and practical tests necessary for issuing mechanic certificates under part 65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary mechanic certificates to qualified applicants.
(b) A designated parachute rigger examiner (DPRE) may -
(1) Accept applications for, and conduct, oral and practical tests necessary for issuing parachute rigger certificates under part 65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary parachute rigger certificates to qualified applicants.
(c) An air traffic control tower operator examiner may -
(1) Accept applications for, and conduct, written and practical tests necessary for issuing control tower operator certificates under part 65 of this chapter; and
(2) In the discretion of the Associate Administrator for Air Traffic issue temporary control tower operator certificates to qualified applicants.
(d) A designated flight engineer examiner (DFEE) may -
(1) Accept applications for, and conduct, oral and practical tests necessary for issuing flight engineer certificates under part 63 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary flight engineer certificates to qualified applicants.
(e) A designated flight navigator examiner (DFNE) may -
(1) Accept applications for, and conduct, oral and practical tests necessary for issuing flight navigator certificates under part 63 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary flight navigator certificates to qualified applicants.
(f) A designated aircraft dispatcher examiner (DADE) may -
(1) Accept applications for, and conduct, written and practical tests necessary for issuing aircraft dispatcher certificates under part 65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards Inspector, issue temporary aircraft dispatcher certificates to qualified applicants.
[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-9, 54 FR 39296, Sept. 25, 1989]
A designated aircraft maintenance inspector (DAMI) may approve maintenance on civil aircraft used by United States military flying clubs in foreign countries.
(a) A structural engineering representative may approve structural engineering information and other structural considerations within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information and other structural considerations comply with the applicable regulations of this chapter.
(b) A power plant engineering representative may approve information relating to power plant installations within limitations prescribed by and under the general supervision of the Administrator whenever the representative determines that information complies with the applicable regulations of this chapter.
(c) A systems and equipment engineering representative may approve engineering information relating to equipment and systems, other than those of a structural, powerplant, or radio nature, within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations of this chapter.
(d) A radio engineering representative may approve engineering information relating to the design and operating characteristics of radio equipment, within limits prescribed by and under the general supervision of the Administrator whenever the representative determines that information complies with the applicable regulations of this chapter.
(e) An engine engineering representative may approve engineering information relating to engine design, operation and service, within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations of this chapter.
(f) A propeller engineering representative may approve engineering information relating to propeller design, operation, and maintenance, within limits prescribed by and under the general supervision of the Administrator whenever the representative determines that information complies with the applicable regulations of this chapter.
(g) A flight analyst representative may approve flight test information, within limits prescribed by and under the general supervision of the Administrator, whenever the representative determines that information complies with the applicable regulations of this chapter.
(h) A flight test pilot representative may make flight tests, and prepare and approve flight test information relating to compliance with the regulations of this chapter, within limits prescribed by and under the general supervision of the Administrator.
(i) An acoustical engineering representative may witness and approve aircraft noise certification tests and approve measured noise data and evaluated noise data analyses, within the limits prescribed by, and under the general supervision of, the Administrator, whenever the representative determines that the noise test, test data, and associated analyses are in conformity with the applicable regulations of this chapter. Those regulations include, where appropriate, the methodologies and any equivalencies previously approved by the Director of Environment and Energy, for that noise test series. No designated acoustical engineering representative may determine that a type design change is not an acoustical change, or approve equivalencies to prescribed noise procedures or standards.
[Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-7, 45 FR 32669, May 19, 1980; Amdt. 183-9, 54 FR 39296, Sept. 25, 1989]
A designated manufacturing inspection representative (DMIR) may, within limits prescribed by, and under the general supervision of, the Administrator, do the following:
(a) Issue—
(1) Original airworthiness certificates for aircraft and airworthiness approvals for engines, propellers, and product parts that conform to the approved design requirements and are in a condition for safe operation;
(2) Export certificates of airworthiness and airworthiness approval tags in accordance with subpart L of part 21 of this chapter;
(3) Experimental certificates for aircraft for which the manufacturer holds the type certificate and which have undergone changes to the type design requiring a flight test; and
(4) Special flight permits to export aircraft.
(b) Conduct any inspections that may be necessary to determine that—
(1) Prototype products and related parts conform to design specifications; and
(2) Production products and related parts conform to the approved type design and are in condition for safe operation.
(c) Perform functions authorized by this section for the manufacturer, or the manufacturer's supplier, at any location authorized by the FAA.
[Doc. No. 16622, 45 FR 1416, Jan. 7, 1980]
A Designated Airworthiness Representative (DAR) may, within limits prescribed by and under the general supervision of the Administrator, do the following:
(a) Perform examination, inspection, and testing services necessary to issue, and to determine the continuing effectiveness of, certificates, including issuing certificates, as authorized by the Executive Director, Flight Standards Service in the area of maintenance or as authorized by the Executive Director, Aircraft Certification Service in the areas of manufacturing and engineering.
(b) Charge a fee for his or her services.
(c) Perform authorized functions at any authorized location.
[Doc. No. 23140, 48 FR 16179, Apr. 14, 1983, as amended by Amdt. 183-9, 54 FR 39296, Sept. 25, 1989; Amdt. 183-11, 67 FR 72766, Dec. 6, 2002; Docket FAA-2018-0119, Amdt. 183-17, 83 FR 9176, Mar. 5, 2018]
Docket No. FAA-2003-16685, 70 FR 59947, Oct. 13, 2005, unless otherwise noted.
(a) This subpart contains the procedures required to obtain an Organization Designation Authorization, which allows an organization to perform specified functions on behalf of the Administrator related to engineering, manufacturing, operations, airworthiness, or maintenance.
(b) Definitions. For the purposes of this subpart:
Organization Designation Authorization (ODA) means the authorization to perform approved functions on behalf of the Administrator.
ODA Holder means the organization that obtains the authorization from the Administrator, as identified in a Letter of Designation.
ODA Unit means an identifiable group of two or more individuals within the ODA Holder's organization that performs the authorized functions.
An application for an ODA may be submitted after November 14, 2006. An application for an ODA must be submitted in a form and manner prescribed by the Administrator and must include the following:
(a) A description of the functions for which authorization is requested.
(b) A description of how the applicant satisfies the requirements of § 183.47 of this part;
(c) A description of the applicant's organizational structure, including a description of the proposed ODA Unit as it relates to the applicant's organizational structure; and
(d) A proposed procedures manual as described in § 183.53 of this part.
(a) The Administrator may issue an ODA Letter of Designation if:
(1) The applicant meets the applicable requirements of this subpart; and
(2) A need exists for a delegation of the function.
(b) An ODA Holder must apply to and obtain approval from the Administrator for any proposed changes to the functions or limitations described in the ODA Holder's authorization.
To qualify for consideration as an ODA, the applicant must—
(a) Have sufficient facilities, resources, and personnel, to perform the functions for which authorization is requested;
(b) Have sufficient experience with FAA requirements, processes, and procedures to perform the functions for which authorization is requested; and
(c) Have sufficient, relevant experience to perform the functions for which authorization is requested.
(a) Consistent with an ODA Holder's qualifications, the Administrator may delegate any function determined appropriate under 49 U.S.C. 44702(d).
(b) Under the general supervision of the Administrator, an ODA Unit may perform only those functions, and is subject to the limitations, listed in the ODA Holder's procedures manual.
Each ODA Holder must have within its ODA Unit—
(a) At least one qualified ODA administrator; and either
(b) A staff consisting of the engineering, flight test, inspection, or maintenance personnel needed to perform the functions authorized. Staff members must have the experience and expertise to find compliance, determine conformity, determine airworthiness, issue certificates or issue approvals; or
(c) A staff consisting of operations personnel who have the experience and expertise to find compliance with the regulations governing the issuance of pilot, crew member, or operating certificates, authorizations, or endorsements as needed to perform the functions authorized.
No ODA Letter of Designation may be issued before the Administrator approves an applicant's procedures manual. The approved manual must:
(a) Be available to each member of the ODA Unit;
(b) Include a description of those changes to the manual or procedures that may be made by the ODA Holder. All other changes to the manual or procedures must be approved by the Administrator before they are implemented.
(c) Contain the following:
(1) The authorized functions and limitations, including the products, certificates, and ratings;
(2) The procedures for performing the authorized functions;
(3) Description of the ODA Holder's and the ODA Unit's organizational structure and responsibilities;
(4) A description of the facilities at which the authorized functions are performed;
(5) A process and a procedure for periodic audit by the ODA Holder of the ODA Unit and its procedures;
(6) The procedures outlining actions required based on audit results, including documentation of all corrective actions;
(7) The procedures for communicating with the appropriate FAA offices regarding administration of the delegation authorization;
(8) The procedures for acquiring and maintaining regulatory guidance material associated with each authorized function;
(9) The training requirements for ODA Unit personnel;
(10) For authorized functions, the procedures and requirements related to maintaining and submitting records;
(11) A description of each ODA Unit position, and the knowledge and experience required for each position;
(12) The procedures for appointing ODA Unit members and the means of documenting Unit membership, as required under § 183.61(a)(4) of this part;
(13) The procedures for performing the activities required by § 183.63 or § 183.65 of this part;
(14) The procedures for revising the manual, pursuant to the limitations of paragraph (b) of this section; and
(15) Any other information required by the Administrator necessary to supervise the ODA Holder in the performance of its authorized functions.
(a) If any change occurs that may affect an ODA Unit's qualifications or ability to perform a function (such as a change in the location of facilities, resources, personnel or the organizational structure), no Unit member may perform that function until the Administrator is notified of the change, and the change is approved and appropriately documented as required by the procedures manual.
(b) No ODA Unit member may issue a certificate, authorization, or other approval until any findings reserved for the Administrator have been made.
(c) An ODA Holder is subject to any other limitations as specified by the Administrator.
The ODA Holder must—
(a) Comply with the procedures contained in its approved procedures manual;
(b) Give ODA Unit members sufficient authority to perform the authorized functions;
(c) Ensure that no conflicting non-ODA Unit duties or other interference affects the performance of authorized functions by ODA Unit members.
(d) Cooperate with the Administrator in his performance of oversight of the ODA Holder and the ODA Unit.
(e) Notify the Administrator of any change that could affect the ODA Holder's ability to continue to meet the requirements of this part within 48 hours of the change occurring.
The Administrator, at any time and for any reason, may inspect an ODA Holder's or applicant's facilities, products, components, parts, appliances, procedures, operations, and records associated with the authorized or requested functions.
(a) Each ODA Holder must ensure that the following records are maintained for the duration of the authorization:
(1) [Reserved]
(2) For any approval or certificate issued by an ODA Unit member (except those airworthiness certificates and approvals not issued in support of type design approval projects):
(i) The application and data required to be submitted under this chapter to obtain the certificate or approval; and
(ii) The data and records documenting the ODA Unit member's approval or determination of compliance.
(3) A list of the products, components, parts, or appliances for which ODA Unit members have issued a certificate or approval.
(4) The names, responsibilities, qualifications and example signature of each member of the ODA Unit who performs an authorized function.
(5) A copy of each manual approved or accepted by the ODA Unit, including all historical changes.
(6) Training records for ODA Unit members and ODA administrators.
(7) Any other records specified in the ODA Holder's procedures manual.
(8) The procedures manual required under § 183.53 of this part, including all changes.
(b) Each ODA Holder must ensure that the following are maintained for five years:
(1) A record of each periodic audit and any corrective actions resulting from them; and
(2) A record of any reported service difficulties associated with approvals or certificates issued by an ODA Unit member.
(c) For airworthiness certificates and approvals not issued in support of a type design approval project, each ODA Holder must ensure the following are maintained for two years;
(1) The application and data required to be submitted under this chapter to obtain the certificate or approval; and
(2) The data and records documenting the ODA Unit member's approval or determination of compliance.
(d) For all records required by this section to be maintained, each ODA Holder must:
(1) Ensure that the records and data are available to the Administrator for inspection at any time;
(2) Submit all records and data to the Administrator upon surrender or termination of the authorization.
(e) Each ODA Holder must compile and submit any report required by the Administrator to exercise his supervision of the ODA Holder.
[Doc. No. FAA-2003-16685, 70 FR 59947, Oct. 13, 2005, as amended by Amdt. 183-14, 76 FR 8893, Feb. 16, 2011]
For any approval or certificate for a product, part or appliance issued under the authority of this subpart, an ODA Holder must:
(a) Monitor reported service problems related to certificates or approvals it holds;
(b) Notify the Administrator of:
(1) A condition in a product, part or appliance that could result in a finding of unsafe condition by the Administrator; or
(2) A product, part or appliance not meeting the applicable airworthiness requirements for which the ODA Holder has obtained or issued a certificate or approval.
(c) Investigate any suspected unsafe condition or finding of noncompliance with the airworthiness requirements for any product, part or appliance, as required by the Administrator, and report to the Administrator the results of the investigation and any action taken or proposed.
(d) Submit to the Administrator the information necessary to implement corrective action needed for safe operation of the product, part or appliance.
[Doc. No. FAA-2003-16685, 70 FR 59947, Oct. 13, 2005, as amended by Amdt. 183-14, 76 FR 8893, Feb. 16, 2011]
For any operational authorization, airman certificate, air carrier certificate, air operator certificate, or air agency certificate issued under the authority of this subpart, an ODA Holder must:
(a) Notify the Administrator of any error that the ODA Holder finds it made in issuing an authorization or certificate;
(b) Notify the Administrator of any authorization or certificate that the ODA Holder finds it issued to an applicant not meeting the applicable requirements;
(c) When required by the Administrator, investigate any problem concerning the issuance of an authorization or certificate; and
(d) When notified by the Administrator, suspend issuance of similar authorizations or certificates until the ODA Holder implements all corrective action required by the Administrator.
(a) An ODA is effective until the date shown on the Letter of Designation, unless sooner terminated by the Administrator.
(b) No ODA may be transferred at any time.
(c) The Administrator may terminate or temporarily suspend an ODA for any reason, including that the ODA Holder:
(1) Has requested in writing that the authorization be suspended or terminated;
(2) Has not properly performed its duties;
(3) Is no longer needed; or
(4) No longer meets the qualifications required to perform authorized functions.