8/25/17

 

8900.1 CHG 546

VOLUME 13  FLIGHT STANDARDS DESIGNEES

CHAPTER 5  GENERAL AVIATION DESIGNEE MANAGEMENT

Section 3  Termination and Appeal

13-461    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.    Operations: 1565.

B.    Maintenance: 3565.

C.    Avionics: 5565.

13-462    OBJECTIVE. This section provides specific inspector guidance on the termination of a designee and the designee’s appeal rights in the event of termination.

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13-463    PREREQUISITES AND COORDINATION REQUIREMENTS.

A.    Prerequisites. This task requires knowledge of Title 14 of the Code of Federal Regulations (14 CFR) part 61, 63, or 65, and part 183 regulations and Federal Aviation Administration (FAA) policies. The task also requires qualification as an aviation safety inspector (ASI) (Operations or Airworthiness), as applicable.

B.    Training. Specific courses required for designee oversight are listed in the “Inspector Training for Designee Oversight” matrix. The training matrix is maintained on the Flight Standards Training Division (AFS‑500) Knowledge Services Network (KSN) site. To access it, click the link on the AFS-500 MyFAA home page under “Other Links.” The training matrix is organized by designee type, and promotes the Flight Standards Service (AFS) philosophy that the most appropriate person (or target audience) should attend the right training at the right time. The regional/local training coordinators can also provide access to the training matrix and assistance on training needs assessment for ASIs assigned to designee management.

C.    Coordination. This task may require coordination between the managing FAA office, the Regional Office (RO), and the Civil Aviation Registry (AFS-700).

13-464    GENERAL. Title 49 of the United States Code (49 U.S.C.) § 44702 empowers the FAA Administrator to delegate to private individuals any function relating to “the examination, testing, and inspection necessary to issue a certificate.” These people are subject to any regulation, supervision, and review that the Administrator may prescribe. Under the provisions of this section and FAA directives, the Administrator may rescind any such delegation at any time and for any reason he or she deems appropriate. The Administrator may determine whether to renew or terminate a delegation for any reason he or she deems appropriate.

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13-465    TERMINATION. Termination is the action by the FAA to not renew or to rescind a designee’s authority at any time for any reason the Administrator considers appropriate.

NOTE:  ASIs should keep in mind that a termination of designation may be appealed by the designee. Therefore, ASIs should include documentation relating to designee deficiencies or termination in the designee’s file.

A.    Types of Termination. There are two types of designee termination:

1)    “Termination for cause” is a negative finding based on a designee’s performance. (See Figure 13-4, Sample Letter of Termination (For Cause).)
2)    “Termination not-for-cause” can be for any reason not specific to a designee’s performance (e.g., lack of need for the designee by the FAA office or voluntary surrender). (See Figure 13-5, Sample Letter of Termination (Not-for-Cause).)

B.    Examples of Deficiencies. The following are examples of deficiencies in a designee’s performance of duties:

1)    Unsatisfactory performance in any phase of designee duties or responsibilities, including the inability to accept or carry out the managing FAA office’s instructions.
2)    Any actions by the designee that may reflect poorly on the FAA, such as misuse of the designation or failure to maintain a reputation for integrity and dependability in the industry and the community.
3)    The inability of the designee to work constructively with the FAA office personnel or the public.
4)    Evidence that the designee did not meet general and/or professional qualifications and requirements at the time of the original designation or at any time thereafter.
5)    A designee’s inability to demonstrate satisfactory performance during a knowledge and skill evaluation or during an initial training seminar or a recurrent training seminar.
6)    A designee’s failure to maintain, or inability to demonstrate, qualifications for any certificate, rating, or examiner designation held.

C.    Documentation. The managing FAA office will document deficiencies in performance in the designee file. The office should include any correspondence relating to the designee’s deficiencies, including but not limited to corrective action taken or a record of additional training as well.

Figure 13-4.  Sample Letter of Termination (For Cause)

FAA Letterhead

CERTIFIED MAIL

[date]

Designee Number: [designee’s number]

[designee’s name and address]

Dear [designee’s name]:

This letter is to inform you that your Federal Aviation Administration (FAA) designation as a [type of designee, e.g., Designated Pilot Examiner (DPE) or Technical Personnel Examiner (TPE)] is terminated pursuant to [Title 14 of the Code of Federal Regulations (14 CFR) part 183, § 183.15(b)(4) or 183.15(b)(6)/Title 49 of the United States Code (49 U.S.C.) § 44702(d)(2).] [You must immediately cease exercising the privileges of your designation.][or] [Pursuant to our (telephone conference/meeting) on (date), you were to cease exercising the privileges of your designation on (date).]

Your designation is being terminated [for not performing your duties under your designation OR because you no longer meet the eligibility requirements for the designation.] [Cite the reference to the regulations/policy that was violated/noncompliance.]

You may submit a request for appeal in writing to this office no later than 14 calendar-days from the date of receipt of this letter. At that time, you should include any evidence or statement concerning this matter with your written request for appeal. You will be notified of the outcome of the appeal within 60 calendar-days after our receipt of your written request for appeal.

Sincerely,

[Field office manager/national program office (NPO) manager signature]

Figure 13-5.  Sample Letter of Termination (Not-for-Cause)

FAA Letterhead

CERTIFIED MAIL

[date]

Designee Number: [designee’s number]

[designee’s name and address]

Dear [designee’s name]:

This letter is to inform you that your Federal Aviation Administration (FAA) designation as a [type of designee, e.g., Designated Pilot Examiner (DPE) or Technical Personnel Examiner (TPE)] is terminated pursuant to [Title 14 of the Code of Federal Regulations (14 CFR) part 183, § 183.15(b)(1) or 183.15(b)(5)/Title 49 of the United States Code (49 U.S.C.) § 44702(d)(2).] [You must immediately cease exercising the privileges of your designation.] OR [Pursuant to our (telephone conference/meeting) on (date), you were to cease exercising the privileges of your designation on (date).]

Your designation is being terminated [because you voluntarily surrendered your designation authority on (date) OR because this office is no longer in need of your assistance.]

This termination is not-for-cause and may not be appealed. You may be eligible for reinstatement at a future date. We appreciate your service to the FAA.

Sincerely,

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[Field office manager/national program office (NPO) manager signature]

13-466    REFERENCES, FORMS, AND JOB AIDS.

A.    References (current editions):

    Title 14 CFR Parts 1, 61, 65, and 183.

    FAA Order 8900.2, General Aviation Airman Designee Handbook.

    FAA Order 8100.8, Designee Management Handbook.

    PTRS Procedures Manual (PPM).

B.    Forms. FAA Form 8000-36, Program Tracking and Reporting System Data Sheet.

C.    Job Aids. Sample letters.

13-467    PROCEDURES.

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A.    Decision to Terminate. The managing FAA office terminates designations under the general provisions contained in 49 U.S.C. § 44702. The managing FAA office manager makes the decision to terminate a designee. (See the examples of deficiencies cited above.)

B.    Notification. The FAA office manager will provide to the designee, in writing, the decision regarding the termination of a designation, with the reasons cited as specifically as possible. Upon notification of termination, the designee must immediately cease the exercise of his or her designee privileges. An official written notice will follow immediately if the initial notification is verbal.

C.    Documentation. If the managing FAA office terminates a designation, the following actions must also take place:

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1)    The ASI will ensure that the enhanced Vital Information Database (eVID) and/or the Designee Information Network (DIN) is updated and should notify any other FAA offices with jurisdictional oversight of other designations the individual holds.
2)    Update the designee file to reflect the appropriate designation status (e.g., termination, appeal pending, or reinstatement).
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D.    Appeal of National Examiner Board (NEB) Nonselection. The NEB handles appeals of nonselection. Contact the Delegation Program Branch (AFS-650) with questions.

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E.    Appeal of Nonappointment. Appeal of nonappointment initiates at the local office that will handle it in accordance with the appeal of termination process in subparagraph 13-467F below.

F.    Appeal of Termination. Designees cannot appeal termination based on the following conditions:

    Lack of need,

    Inability of the FAA office to manage the designee,

    Loss of a prerequisite certification, or

    Failure to meet training requirements.

1)    If the designee wishes to appeal his or her termination, the designee must make the request in writing within 14 calendar-days of receipt of the written notification of the FAA office manager’s decision. The designee sends a letter to the FAA office manager requesting an appeal. The letter should include any information the designee wishes to include.
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2)    The FAA office manager will forward the request to his or her regional division manager, who will convene a regional appeal panel comprised of three members (including the regional focal point when practical) to review the termination decision and make a final decision within 45 calendar-days of the appeal. The appeal panel will consist of at least 3 persons equivalent to the specialist level or above who were not involved in the original denial or termination decision.
3)    The appeal panel will notify the designee or designee applicant of its decision, in writing, within 15 calendar-days of appeal panel’s decision.

NOTE:  The regional appeal panel’s decision is final.

4)    The appeal panel must forward all documentation (e.g., outcome, members of the appeal panel, and communication with the designee or the field office) associated with the appeal to the managing FAA office for inclusion in the designee’s file. The panel should also send a copy of the results of the appeal to AFS-650.

G.    PTRS. The inspector closes the PTRS record.

1)    Designated Pilot Examiners (DPE). When terminating a DPE, enter PTRS activity code 1565. In the “National Use” field of the PTRS, enter “DPE.” In addition, enter one of the following key words in the comment section to describe the reason for termination:

    786—Voluntary [Not-for-Cause],

    787—Involuntary-Need [Not-for-Cause],

    788—Involuntary-Performance [For Cause], or

    789—Involuntary-Other [For Cause].

2)    Technical Personnel Examiners (TPE). When terminating a TPE, enter PTRS activity code 3565 or 5565. In the “National Use” field of the PTRS, enter “DME” or “DPRE.” In addition, enter one of the following key words in the comment section to describe the reason for termination:

    786—Voluntary [Not-for-Cause],

    787—Involuntary-Need [Not-for-Cause],

    788—Involuntary-Performance [For Cause], or

    789—Involuntary-Other [For Cause].

3)    Designated Airworthiness Representatives-Maintenance (DAR-T). When terminating a DAR-T, enter PTRS activity code 3565 or 5565. In the “National Use” field of the PTRS, enter “DAR-T.” In addition, enter one of the following key words in the comment section to describe the reason for termination:

    786—Voluntary [Not-for-Cause],

    787—Involuntary-Need [Not-for-Cause],

    788—Involuntary-Performance [For Cause], or

    789—Involuntary-Other [For Cause].

13-468    TASK OUTCOMES. After completion of this task, the inspector must update the designee file to include:

    A copy of the designee’s documentation evidencing the voluntary surrender of the designation;

    Documentation of the termination of designee’s authority, including supporting documentation; or

    Documentation of the outcome of the designee’s appeal to the regional appeal panel, including reinstatement, if applicable.

13-469    FUTURE ACTIVITIES. Additional surveillance of the designee, if the designee is reinstated.

RESERVED. Paragraphs 13-470 through 13-480.