10/4/21

 

8900.1 CHG 757

VOLUME 3  GENERAL TECHNICAL ADMINISTRATION

CHAPTER 22  AIRCRAFT DISPATCHER TRAINING AND QUALIFICATION PROGRAMS

Indicates new/changed information.

Section 7  Safety Assurance System: Persons Authorized to Exercise Operational Control, Training, and Qualification

Source Basis:

    Section 5.1, Applicability.

    Section 5.23, Safety Accountability and Authority.

    Section 5.91, Competencies and Training.

    Section 117.9, Fatigue Education and Awareness Training Program.

    Section 119.43, Certificate Holder’s Duty to Maintain Operations Specifications.

    Section 119.65, Management Personnel Required for Operations Conducted Under Part 121 of This Chapter.

    Section 120.1, Applicability.

    Section 120.7, Definitions.

    Section 120.31, Prohibited Drugs.

    Section 120.105, Employees Who Must be Tested.

    Section 120.115, Employee Assistance Program (EAP).

    Section 120.215, Covered Employees.

    Section 120.223, Alcohol Misuse Information, Training, and Substance Abuse Professionals.

    Section 121.127, Flight Following System; Requirements.

    Section 121.500, Applicability.

    Section 121.537, Responsibility for Operational Control: Supplemental Operations.

    Section 121.629, Operation in Icing Conditions.

    Section 121.1001, Applicability and Definitions.

    Section 121.1003, Hazardous Materials Training: General.

    Section 121.1005, Hazardous Materials Training Required.

    Part 121 Appendix O, Hazardous Materials Training Requirements for Certificate Holders.

    Title 49 CFR § 1544.233, Security Coordinators and Crewmember, Training.

    Title 49 CFR § 1544.235, Training and Knowledge for Individuals with Security-Related Duties.

3-1708    GENERAL. This section contains information, direction, and guidance for Federal Aviation Administration (FAA) personnel responsible for the evaluation and acceptance of training and qualification programs for persons authorized to exercise operational control. This section is related to Safety Assurance System (SAS) Element 3.1.1 (OP) Training and Qualification of Dispatchers and Flight Followers.

NOTE:  There are differences between a flight following system and a dispatch system. See Volume 3, Chapter 25, Section 1 for detailed information regarding each system.

3-1709    REGULATORY REQUIREMENTS.

A.    Section 121.537. In accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 121, § 121.537(b), for supplemental operations, the pilot in command (PIC) and the Director of Operations (DO) are jointly responsible for the initiation, continuation, diversion, and termination of a flight. Section 121.537(b) allows the DO to delegate the authority to perform operational control functions to other persons; however, the DO retains responsibility. Persons designated by the DO to exercise operational control are often referred to as flight followers.

B.    Section 119.65. In accordance with 14 CFR part 119, § 119.65(d)(1), persons designated to exercise operational control must be qualified through training, experience, and expertise. In accordance with § 119.65(d)(2), to the extent of their responsibilities, these persons must have a full understanding of the following with respect to the certificate holder’s (CH) operation:

    Aviation safety standards and safe operating practices;

    14 CFR Chapter I—Federal Aviation Administration, Department of Transportation;

    The CH’s operations specifications (OpSpecs);

    All appropriate maintenance and airworthiness requirements of 14 CFR Chapter I; and

    The CH’s manual (required by § 121.133).

C.    Section 121.127. In accordance with § 121.127(b), each CH conducting supplemental operations must show that persons authorized to exercise operational control are able to perform their required duties.

D.    Section 119.43. In accordance with § 119.43(c), each CH must keep persons authorized to exercise operational control informed of the provisions of its OpSpecs that apply to the person’s duties and responsibilities.

E.    Sections 5.23 and 5.91. In accordance with 14 CFR part 5, §§ 5.23 and 5.91, each CH must provide training in its Safety Management System (SMS) to persons authorized to exercise operational control.

F.    Section 121.629. In accordance with § 121.629(c)(2), each CH must provide initial and annual recurrent qualification for persons authorized to exercise operational control regarding their duties and responsibilities under the CH’s ground deicing/anti-icing program.

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G.    Sections 120.31, 120.105, 120.115, 120.215 and 120.223. In accordance with 14 CFR part 120, §§ 120.105 and 120.215, employees who perform safety-sensitive functions, including “aircraft dispatcher duties,” are subject to the CH’s drug and alcohol testing program. Although persons authorized to exercise operational control are not required to be aircraft dispatchers, they are performing “aircraft dispatcher duties” and therefore are subject to the CH’s drug and alcohol testing program (refer to Legal Interpretation to Kent S. Jackson, July 19, 2010). In accordance with §§ 120.31, 120.115, and 120.223, each CH must provide training on its Employee Assistance Program (EAP) and its drug and alcohol testing program.

H.    Sections 117.9 and 121.500. In accordance with 14 CFR part 117, § 117.9, each CH must provide annual Fatigue Education and Awareness Training (FEAT) to persons authorized to exercise operational control of supplemental passenger operations. If a CH chooses to apply part 117 to its supplemental all-cargo operations in accordance with § 121.500(b), then the CH must provide annual FEAT to those persons authorized to exercise operational control.

I.    Sections 121.1003 and 121.1005. In accordance with §§ 121.1003 and 121.1005, each CH must provide hazardous materials (HAZMAT) training within the preceding 24 calendar-months in accordance with part 121 subpart Z and appendix O to persons authorized to exercise operational control, if those persons are performing or directly supervising any of the following functions involving an item for transport on an aircraft:

    Acceptance,

    Rejection,

    Handling,

    Storage incidental to transport,

    Packaging of company material, or

    Loading.

J.    Title 49 U.S.C. §§ 1544.233 and 1544.235. In accordance with Title 49 of the United States Code (49 U.S.C.) §§ 1544.233 and 1544.235, each CH must provide security training in accordance with its security program to persons authorized to exercise operational control if those persons are performing security-related duties for the CH.

3-1710    TRAINING. CHs must provide persons authorized to exercise operational control with the applicable training as specified in paragraph 3-1709 above.

A.    Approval. Training for persons authorized to exercise operational control is not required to be approved in accordance with part 121 subpart N. However, FEAT, ground deicing/anti-icing training, and HAZMAT training must be approved by the Principal Operations Inspector (POI) in accordance with §§ 117.9(a), 121.629(c), and 121.1003(c), respectively.

B.    Acceptance. In accordance with § 5.1, SMS training must be acceptable to the POI. See Volume 3, Chapter 1, Section 1 for detailed information regarding approval and acceptance.

C.    Content. Since persons authorized to exercise operational control perform functions similar to aircraft dispatchers, POIs should encourage CHs to include content similar to that required for aircraft dispatchers, including dispatch resource management (DRM) training. See Volume 3, Chapter 22, Sections 3 through 6. At a minimum, the training content must include the following:

    SMS (see Volume 17, Chapter 1);

    Ground deicing/anti-icing (see Volume 3, Chapter 27);

    EAP and drug and alcohol testing program (see Volume 3, Chapter 22, Section 3);

    FEAT (see Volume 3, Chapter 58, Section 4);

    HAZMAT, if applicable to the person’s duties (see Volume 2, Chapter 2, Section 6);

    Security training, if applicable to the person’s duties;

    The CH’s OpSpecs;

    The CH’s manual (required by § 121.133); and

    Any other subjects necessary to ensure the person has a full understanding of 14 CFR Chapter I and aviation safety standards and safe operating practices as required by § 119.65(d)(2).

D.    Distance Learning. See Volume 3, Chapter 22, Section 1, paragraph 3-1611 for information regarding CH use of distance learning to provide training.

NOTE:  When a person has been delegated the authority to exercise operational control, including the initiation, continuation, diversion, and termination of a flight, that person must perform those duties until the completion of the flight or transfer of those duties to another person authorized to exercise operational control. Therefore, a person exercising operational control may not complete any training, including distance learning, while exercising operational control of any flight.

E.    Recurrent. As specified in paragraph 3-1709 above, CHs must provide recurrent training on certain subjects to persons authorized to exercise operational control. POIs should encourage CHs to provide recurrent training on all subjects listed in subparagraph 3-1710C.

1)    SMS. In accordance with § 5.91, CHs must provide recurrent SMS training to ensure persons authorized to exercise operational control maintain the competencies to perform their duties relevant to the operation and performance of the SMS. The CH must determine the appropriate timeframe for recurrent SMS training that will ensure those persons maintain the required competencies.
Indicates new/changed information.
2)    Ground Deicing/Anti-Icing. In accordance with § 121.629(c)(2), CHs must provide recurrent qualification annually for persons authorized to exercise operational control regarding their duties and responsibilities under the CH’s ground deicing/anti-icing program.
3)    FEAT. In accordance with § 117.9, each CH must provide recurrent FEAT at least every 12 calendar-months to persons authorized to exercise operational control of supplemental passenger operations and, if applicable, supplemental all-cargo operations. Grace month provisions do not apply to FEAT. See Volume 3, Chapter 58, Section 4.
4)    HAZMAT. In accordance with §§ 121.1003 and 121.1005, each CH must provide recurrent HAZMAT training at least every 24 calendar-months to persons authorized to exercise operational control, if applicable to the person’s duties.

3-1711    QUALIFICATION. Persons authorized to exercise operational control are not required to complete the qualification requirements of part 121 subparts N and P (i.e., competence check and operational familiarization). However, in accordance with § 121.127(b), CHs must show that those persons are able to perform their required duties.

A.    Competence Check. An effective method for CHs to demonstrate that persons authorized to exercise operational control are able to perform their required duties is for the CH to conduct competence checks of these individuals. Although not required, POIs should strongly encourage CHs to use this method.

1)    Conduct of Check. The competence check should be conducted by an appropriately qualified supervisor and should include a comprehensive evaluation in which the supervisor observes all aspects of the flight following function. A portion of the competence check should consist of the person receiving the check releasing actual flights. If the person receiving the check is not currently qualified, a fully qualified person authorized to exercise operational control must review and sign all required paperwork. The supervisor may conduct the remaining portion of the competence check in a classroom or other environment that enables the person receiving the check to demonstrate knowledge and ability in those areas that may not occur during a routine duty period.
2)    Special Operations. When a person authorized to exercise operational control is qualified in Extended Operations (ETOPS), or in operations conducted according to OpSpec B043 or B044, an appropriately qualified supervisor should observe and evaluate these functions.
3)    Recurrent. In accordance with § 121.127(b), CHs have a continuing responsibility to show that persons authorized to exercise operational control are able to perform those duties. An effective method for CHs to meet this continuing responsibility is for the CH to conduct recurrent competence checks of persons authorized to exercise operational control. Although not required, POIs should strongly encourage CHs to use this method.

B.    Operating Familiarization. Although not required, POIs should strongly encourage CHs to require accomplishment of operating familiarization by persons authorized to exercise operational control. Operating familiarization will provide those persons with familiarization of flight deck operations and air traffic control procedures in the geographic areas in which those persons exercise operational control.

RESERVED. Paragraphs 3-1712 through 3-1725.