As the FSO, you are responsible for managing the security program under which you will obtain and maintain your company's facility security clearance and for helping company employees obtain and maintain personnel security clearances. (4) Legal Adviser (5 U.S.C. 3 FAH-1 H-2322.3-2 Positions Equivalent to Assistant Secretaries (CT:POH-237; ) (State Only) (Applies to Foreign Service Only) Positions equivalent to Assistant Secretaries include: (1) Director General of the Foreign Service and Director of Global Talent (DGTM) (section 208 of the Act). F-5: 150372: Logistics, Transportation and Supply Chain: Transportation: United Nations Integrated Transition Assistance Mission in Sudan: KHARTOUM:: SECURITY OFFICER (Temporary Job Opening) F-6: 150271: Internal Security and Safety: Security: United Nations Disengagement Observer Force: AMRET AL FAOUAR:: TRANSPORT OFFICER. The roles and responsibilities of a finance manager require a sincere commitment to detail and an inexhaustible need for new challenges. Each industry has its own laws and spending regulations, such as health care or local government, that finance managers must adhere to and, more importantly, hold each department of. 2.5, Voluntary Placement of Children) orders under section 20 not to contact a child (see No Contact Orders in Section; 1. 3.2, Legal Proceedings) orders of supervision under section 30 and section 40; Orders of supervision may also be used when returning an apprehended child to the care of a parent or guardian.
- Fs 1 5 3 – Note Manager Duties And Responsibilities
- Fs 1 5 3 – Note Manager Duties And Responsibilities Job
Section 2 Interdependent Risk-Based Compliance and Management Decision Making
Source Basis:
Regexptester 1 17 download free. •Part 5, Safety Management Systems.
•Section 5.71, Safety Performance Monitoring and Measurement.
•Section 119.5, Certifications, Authorizations, and Prohibitions.
•Section 119.49, Contents of Operations Specifications.
•Section 119.51, Amending Operations Specifications.
•Title 49 U.S.C. § 44702(b)(1), Issuance of Certificates.
3-4875 OBJECTIVE. This section provides risk-based decision-making guidance, identifies Flight Standards (FS) resources, and provides procedures to promote compliance, apply temporary non-standard authorizations when appropriate, and eliminate single-person decisions.
NOTE: For guidance on Risk-Based Decision Making Regarding Airworthiness Directives (AD), see Section 1 of this chapter.
3-4876 REFERENCES, FORMS, AND JOB AIDS.
A. References (current editions):
•Volume 1, Chapter 3, Section 1, Safety Assurance System: Responsibilities of Aviation Safety Inspectors.
•Volume 3, Chapter 18, Section 2, Automated Operations Safety System.
•Volume 8, Chapter 2, Section 2, Aircraft Evaluation Division.
• Volume 10, Safety Assurance System Policy and Procedures.
• Volume 11, Flight Standards Programs.
•Volume 14, Chapter 1, Section 2, Flight Standards Service Compliance Action Decision Procedure.
•Volume 14, Chapter 3, Section 4, Airworthiness.
• Advisory Circular (AC) 120-92, Safety Management Systems for Aviation Service Providers.
• FAA Order 8000.72, FAA Integrated Oversight Philosophy.
• FAA Order 8040.4, Safety Risk Management Policy.
B. Forms. None.
C. Job Aids. Volume 14, Chapter 1 provides the following job aids:
•Appendix 14-1, Compliance Philosophy and Pilot's Bill of Rights Brochure.
•Appendix 14-2, Privacy Act Notice.
•Appendix 14-3, Compliance Action Communication/Correspondence Guidelines.
•Appendix 14-4, Compliance Action Documentation Review Job Aids.
3-4877 GENERAL. When operational or airworthiness issues are complex or difficult to determine, or there is potential for controversy, FS employees must exercise risk-based decision‑making, practice interdependence, and eliminate single-person decisions. FS decisions in complex or controversial situations (that may involve addressing noncompliance), must not be by any single individual within FS, they must re-enforce and ensure compliance, they must be in the public's interest, and they must always ensure safety. If the Flight Standards District Office (FSDO) or a Certificate Management Office (CMO) requires resourcing to address an urgent request for support after normal business hours, the FSDO/CMO manager or designee must notify the Safety Assurance division manager or designee. If the Safety Assurance division manager or designee agrees, that manager or designee will request support from the managers of the responsible offices identified in this guidance.
Figure 3-184. Interdependent Risk-Based Decision-Making Chart
NOTE: This figure identifies FS resources and identifies the paragraphs that contain the associated responsibilities, duties, and procedures in regards to FS risk-based decision making.
3-4878 RESPONSIBILITY.
A. Certificate Holder Responsibilities. The Federal Aviation Administration (FAA) establishes risk controls by promulgating FAA regulations. Title 49 of the United States Code (49 U.S.C.) §§ 44701(d)1(1)A) and 44702(b)(1)(A) specify, in part, that when prescribing standards and regulations and when issuing certificates, the FAA will give full consideration to 'the duty of an air carrier to provide service with the highest possible degree of safety in the public interest.' In prescribing such standards and regulations and when issuing certificates, the FAA remains aware that compliance responsibility rests directly with the air carrier.
1) Safety Management. Title 14 CFR part 121 air carriers are required to implement SMS based on part 5. The FAA encourages all certificate holders operating under 14 CFR part 135 to develop an SMS based on the SMS Voluntary Program Standard. See Volume 17, Chapter 3. An SMS is an organization-wide comprehensive and preventive approach to manage safety. It includes safety policy, formal methods for identifying hazards, risk mitigation, and promotion of a positive safety culture. An SMS also provides assurance of the overall safety performance of the organization and is an integral part of their operations and business decision-making processes. Section 5.71 requires part 121 certificate holders to develop and maintain processes and systems to acquire data with respect to its operations, products, and services to monitor the safety performance of the organization. These processes and systems must include investigations of reports regarding potential noncompliance with regulatory standards or other safety risk controls established by the certificate holder through the Safety Risk Management (SRM) process.
2) Aviation Safety Action Program (ASAP) and Voluntary Disclosure Reporting Program (VDRP). Certificate holders may utilize ASAP and VDRP to meet some of the safety assurance requirements of part 5 subpart D. The primary purpose of these voluntary safety programs are to identify, report, and correct issues of noncompliance and/or safety. FAA's policy is to forgo certificate actions and civil penalty actions when noncompliance is detected, disclosed to the FAA, and prompt corrective action is taken to ensure the noncompliance does not recur. These programs encourage compliance with FAA regulations, foster safe operating practices, and promote the development of effective SRM. These programs are an excellent tool to gather information, share it with the FAA, analyze compliance issues together, develop corrective action plans and make requests. ASAP and VDRP are not a means for the FAA to authorize continued operation in noncompliance.
B. FS Responsibilities.
1) Certification and Certificate Management. The certification process in Volume 2 and the general process of approval or acceptance in Volume 3, Chapter 1, Section 1 both describe the five-phase process the FAA uses to either issue a certificate or deny an application for an opening certificate (Volume 2); or approve, accept, or deny a certificate holder 'method of compliance' proposal to a performance-based regulation (Volume 3, Chapter 1, Section 1). Certificate holders must obtain operations specifications (OpSpecs) containing the information listed in part 119, § 119.49. In addition to this required content, OpSpecs also contain FAA-issued approvals, authorizations, acceptances, records of deviations, and records of means compliance with performance-based regulations, among other items that are worthy of memorialization. Volume 3, Chapter 1, Section 1 explains the terms 'Acceptable to,' 'Accepted by,' 'Approved,' 'Authorization,' and 'Substantial Change.' The Volume 3, Chapter 18, Section 2 fully explains the purpose of OpSpecs and illustrates their usefulness as a safety management tool. OpSpecs are not regulations, but might contain conditions, limitations, and procedures of a certificate holder's acceptable method of compliance. The Administrator manages air carrier risk via OpSpec in accordance with the following regulations:
a) Section 119.5(g) indicates that no person may operate as a direct air carrier or as a commercial operator in violation of its OpSpecs. Refer to 14 CFR part 110, § 110.2 for the definition of 'direct air carrier' and 14 CFR part 1, § 1.1 for the definition of 'commercial operator.' b) Section 119.5(l) indicates that no person may operator an aircraft in violation of its operating certificate or appropriate OpSpecs issued under part 119. c) Section 119.7 indicates that certificate holders' OpSpecs contain the authorizations, limitations, and certain procedures under which each kind of operation, if applicable, is to be conducted; and certain other procedures under which each class and size of aircraft is to be operated. d) Section 119.49(a)(14), (b)(14), and (c)(13) states 'the Administrator may include any other item in OpSpecs that the Administrator determines is necessary.'NOTE: OpSpecs cannot contain new requirements that are not based on a regulation. The Administrator cannot just simply add any other item to OpSpecs, despite the language of § 119.49. Instead, the item added must be based on and comply with an existing regulatory requirement.
e) Section 119.51(a) states 'the Administrator may amend OpSpecs if the Administrator determines that safety in air commerce and the public interest requires the amendment or the certificate holder applies for the amendment and the Administrator determines that safety in air commerce and the public interest allows it.' f) Section 119.51(c) contains the procedure for certificate holders to apply for an amendment to its OpSpecs.NOTE: While § 119.51(c)(1) indicates timeframes, the certificate holder may request expedited consideration.
2) FS Regulates and Ensures Compliance. In 2015, FS established its Compliance Philosophy (now Compliance Program) in Volume 14. The Compliance Program is the FAA's approach to promoting compliance, ensuring correction of the noncompliance, and preventing reoccurrence of the noncompliance. The Compliance Program is not a means to authorize continued operations in nonconformance or noncompliance. If regulatory noncompliance is identified, follow the process contained in Volume 14, Chapter 1, Section 2 to determine the appropriate FAA compliance or enforcement action.
3-4879 INTERDEPENDENT RISK-BASED DECISION MAKING. Operator program conformance and regulatory compliance determinations can be complex, difficult to understand, and can rapidly become controversial when a technical or a low safety-risk issue significantly disrupts public travel. FS inspectors must understand FS does not expect them to make these decisions alone. The following paragraphs provide detailed decision-making guidance that eliminates single-person decisions and promotes interdependence. When discovery of a technical or a low safety-risk lack of conformance within an air carrier's OpSpec exists, FS expects all parties (both internal and external) to manage the safety risks, regain program conformance as quickly as possible, and ensure the public's safety. This nonconformance might result when a certificate holder deviates from its OpSpec-authorized way of complying with performance‑based regulation.
A. Duties of the Air Carrier.
1) Compliance. Compliance responsibility rests directly with the air carrier, regardless of any action taken or not by FS representatives. Air carriers must conduct aircraft operations in compliance with the regulations and their OpSpecs.
2) Safety Management. Part 5, § 5.3(c) states, 'The Safety Management System must ensure compliance with the relevant regulatory standards in chapter I of Title 14 of the Code of Federal Regulations.' SMS is necessary to comply with part 5, and it is not a substitute for regulatory compliance. In accordance with § 5.71(a)(6), an air carrier must maintain a process and system to investigate reported noncompliance with regulatory standards or other safety risk controls. Consistent with § 5.75, which states the certificate holder must establish and implement processes to correct safety performance deficiencies it identifies, certificate holders should take the following action when investigation or system assessment shows evidence of noncompliance. If the shortfall is a performance failure, the air carrier will take corrective action to fix the root cause(s) of the performance failure. If the shortfall is due to a design failure (process followed but it failed to produce the desired result), they will re-examine the design using their SRM process, identify the root cause(s), and address the design failure appropriately.
3) Information Sharing. To reach the highest level of safety and compliance with regulatory standards, comprehensive safety data sharing between the FAA and the aviation community is highly encouraged and promoted. Safety data shared by the National Airspace System (NAS) participants through voluntary safety programs such as Aviation Safety Reporting System (ASRS), ASAP, VDRP, and others have contributed significantly to FAA and industry knowledge of risks in the NAS.
B. General Duties of FS.
1) Compliance. Regardless of how FS learns of noncompliance, whether through surveillance or voluntary disclosure, FS personnel must not communicate in any way that may suggest noncompliant operations may continue in noncompliance with the regulations. When FS suspects noncompliance, aviation safety inspectors (ASI) and principal inspectors (PI) will follow the Compliance Action Decision Procedures in Volume 14, Chapter 1, Section 2.
2) Safety Management. FAA Order 8040.4 establishes the SRM policy for the FAA. It also establishes common terms and processes used to analyze, assess, mitigate, and accept safety risk in the aerospace system. The design of this policy is to prescribe common SRM language and communication standards to be applied throughout the FAA. Furthermore, the policy recognizes that FAA organizations have unique missions and requirements, so it allows flexibility in how SRM is conducted and the tools and techniques that are employed. However, the process requires consistency in the application of SRM principles. FAA Order 8040.4, Appendix A, Definitions, contains definitions for terms used in this policy. Appendix B, Acronyms, contains acronyms used in this policy. Appendix C, Safety Risk Definition Tables and Risk Matrix, provides safety risk definition tables and risk matrix.
3) Critical Thinking. At all times, FS expects its employees to use critical thinking and make risk‑based decisions that are consistent with safety rules, statutes, and policies, and published legal interpretations.
4) Interdependence. When noncompliance interrupts air carrier operations, ASIs must seek guidance from internal FAA resources beginning with the FSDO/CMO, PIs, Front Line Managers (FLM), and office managers. When operational or airworthiness issues are complex, difficult to determine, or there is potential for controversy, consult with the following:
• Responsible Aircraft Certification Service office,
• Safety Assurance division, and
• Office of Safety Standards:
• Aircraft Evaluation Division (AED),
• Air Transportation Division, and
• Aircraft Maintenance Division.
5) Resourcing. Inadvertent nonconformance with a technical or low safety-risk 'method of compliance' detail can come to the attention of FS at inopportune times. Regardless, FS management must ensure proper resourcing to eliminate single-person decisions and regain conformance. To prevent significant disruption of the traveling public, FS resourcing must be adequate to ensure personnel with the knowledge, experience and expertise are available to work with the air carrier to manage the safety risks, ensure the public's safety, regain conformance, ensure compliance, and resume operations as quickly as possible. If the CMO receives an urgent request from a certificate holder to expedite a proposal to amend an OpSpec 'method of compliance' after normal business hours, the CMO manager or designee must notify the Safety Assurance division manager or designee. If the Safety Assurance division manager or designee agrees, the FAA can provide additional support to expedite the request, and they will coordinate support and acquire the resources necessary from the managers of the responsible offices identified in this guidance. Once the Safety Assurance division manager or their designee secures the resources necessary, they will notify the certificate holder by email that FS agrees their proposal is urgent and it is under review. The Safety Assurance division manager must not indicate in any manner that FS accepts their proposal, only that it is under review.
C. Duties of the ASI.
1) Notification. When an ASI becomes aware of a possible noncompliance, the ASI will:
• Contact the air carrier personnel who have authority to address the issue;
• Coordinate with the PI with oversight responsibility;
• Refer to the communication guidelines in Volume 14, Appendix 14-3; and
• May, in coordination with the PI, contact the appropriate AED (Transport, Rotorcraft, Small Aircraft, Engine, and Propeller) for assistance when needed.
2) Gather Evidence. ASIs will review all documents and obtain evidence that pertains to the area of the suspected noncompliance. ASIs will gather additional data as directed by the PI. ASIs should consider at least these sources:
• The certificate holder's relevant OpSpec;
• The certificate holder's General Maintenance Manual (GMM), General Operations Manual (GOM), Flight Manual (FM), Quality Control Manual (QCM), etc.;
• Repair Station Manual (RSM);
• Minimum equipment lists (MEL)/Master Minimum Equipment Lists (MMEL) and Configuration Deviation Lists (CDL);
• Copies of applicable operation documents, maintenance documents, or other records;
• Visually inspect the aircraft, aircraft engine, propeller, or appliance, as appropriate, to determine the extent or nature of the noncompliance concern; and
• Conduct operational observations or gather the information necessary to determine whether the problem is systemic (such as a widespread fleet problem) that may need to be addressed at a broader, higher level.
3) Analysis. The ASI will use experience, ability, knowledge, skills, and professional judgment to conduct initial analysis of the identified concern. Based on the facts, data, and observations, this initial analysis will include:
• The safety risk from the ASI's perspective (refer to FAA Order 8040.4);
• An understanding of the scope of noncompliance;
• Identification of hazards in the air carrier operating environment or systems;
• Evidence that shows whether the issue is an isolated incident or systemic problem;
• Evidence that shows regulatory noncompliance, or an airworthiness issue; and
• Results of any visual inspections or operational observations that show the extent of the concern.
4) Action.
• Follow Volume 14, Chapter 1, Section 2 guidance; and
• Follow PI instructions.
5) Document the Noncompliance Concern. ASIs must document sufficient information to allow all parties to make a fully informed decision in regards to noncompliance. See the following:
•Volume 14, Chapter 1, Section 2;
•Volume 14, Chapter 1, Appendix 14-4;
• Volume 14, Chapter 2, when taking enforcement action;
• Volume 11, if the issue is through the ASAP or VDRP; and
• Volume 10, for Safety Assurance System (SAS) Data Collection Tool (DCT) documentation guidelines.
D. Duties of the PI or Designee.
1) Notification. When the PI or the PI's designee becomes aware of a possible noncompliance, the PI or designee will:
a) Ensure an ASI establishes appropriate contact with the air carrier. b) Determine whether other CMO personnel resources with the knowledge, experience, and expertise are needed. c) Maintain contact with and provide guidance to ASIs assigned with the investigation, as appropriate. d) Involve FSDO/CMO management, when necessary, and provide management with the necessary information.2) Data Acquisition. The PI or PI's designee will:
a) Consolidate all data and information shared by the certificate holder. b) Consolidate evidence gathered by ASIs. c) Research and gather historical information that shows the certificate holder's compliance posture and attitude. d) Direct ASIs to obtain any additional data, as necessary.3) Analysis. To make an informed decision, sufficient evidence must exist. With the appropriate office personnel, the PI or PI's designee should analyze the evidence and other information to make fully informed decisions for addressing the situation.
a) Review information provided by ASIs. b) Review all shared information from the certificate holder. c) Verify the noncompliance has stopped. d) Determine the safety risk (refer to FAA Order 8040.4, Appendix C). e) Verify the safety risks are now controlled. f) Ensure the certificate holder supports, with a full safety-risk analysis, any requests for revising the safety-risk management program. g) The certificate holder should support any revision to a program with sufficient procedures, adequate controls, coordinated interfaces, regular process measurement guidelines, and oversight duties and responsibilities. h) Determine whether consultation with the AED is required. The AED will coordinate with the responsible Aircraft Certification Service office. If information or data is needed from the manufacturer, the AED/responsible Aircraft Certification Service office will obtain the needed information or data.NOTE: Contact the AED by sending an email to 9-AVS-AFS-100@faa.gov, which will engage the appropriate office (Transport, Rotorcraft, Small Aircraft, Engine, Propeller, etc.).
i) Determine whether consultation is required with the Safety Assurance division management. j) Determine whether consultation is required with the Safety Standards division management. k) Coordinate with FSDO/CMO management for contact with the appropriate divisions, when necessary. l) Determine whether the certificate holder has requested an amendment to an OpSpec that would prompt a temporary nonstandard authorization.4) Action.
a) Follow Volume 14, Chapter 1, Section 2 to address the noncompliance. b) If the certificate holder has requested an OpSpec amendment that would occur as a temporary nonstandard authorization, follow the procedures in paragraph 3-4881 below.5) Documentation. See:
•Volume 14, Chapter 1, Section 2;
•Volume 14, Chapter 1, Appendix 14-4;
Fs 1 5 3 – Note Manager Duties And Responsibilities
• Volume 14, Chapter 2, when taking enforcement action.
• Volume 11, if the issue is through the ASAP or VDRP; and
• Volume 10, for SAS DCT documentation guidelines.
3-4880 TEMPORARY NONSTANDARD AUTHORIZATION. The guidance in this paragraph applies to part 119 certificate holders with an SMS that the FAA recognizes based on part 5 or an SMS Voluntary Program Standard based on the guidance contained in Volume 17, Chapter 3. Temporary nonstandard authorizations through OpSpecs using nonstandard text must not be contrary to the regulations. The FAA does not issue any authorization to OpSpecs to exempt, deviate, or waive a certificate holder from complying with an applicable regulation. Volume 3, Chapter 2, Section 1 provides guidance on how to obtain an exemption, deviation, or waiver from the regulations. As a general matter, the Administrator may amend any OpSpec when the certificate holder applies for the amendment and the Administrator determines that safety in air commerce and the public interest allows the amendment. If aircraft operations cease due to a technical or low safety-risk nonconformance with a recognized means of compliance with a performance-based regulation, and the nonconformance causes significant disruption to the traveling public, a certificate holder may apply for a temporary amendment to their OpSpecs to request recognition of a revised means of complying with the performance-based regulation. (Refer to § 119.51(a)(2) and (c).) While § 119.51(c)(1) indicates timeframes, the certificate holder may request expedited consideration. When appropriate FS parties examine the facts and circumstances and determine the revised means of complying would not negatively affect safety in air commerce and is in the public interest, the Administrator (through the PI) may amend the OpSpecs. A temporary nonstandard authorization is a brief amendment to a part 119 certificate holder's authorized program or method of complying with applicable regulations set forth in the certificate holder's OpSpecs. The Administrator will consider a part 119 certificate holder's proposed temporary nonstandard authorization when: 1) the proposed amendment is a low safety risk; 2) the Administrator determines safety in air commerce and the public interest requires or allows the amendment; 3) the amendment is not based on convenience; and 4) the part 119 certificate holder ceases nonconformity with the means of compliance upon discovery of the nonconformity. (If the operator has not ceased nonconformity upon its discovery, PIs follow Volume 14, Chapter 1, Section 2 for appropriate action.)
Fs 1 5 3 – Note Manager Duties And Responsibilities Job
NOTE: To determine if the safety risk is low, use FAA Order 8040.4, Appendix C.
A. Certificate Holder Application. FS expects a certificate holder's application for expedited consideration of an application for temporary amendment to their program procedures, conditions, or limitations to be well vetted and supportable. The written submittal must include the following information:
• The output of the certificate holder's SRM process, per § 5.97(a), to include their safety risk acceptance decision. This includes all data, information, and documentation used to make a technical or low safety-risk determination. This information will allow internal FS stakeholders to validate the certificate holder's safety risk acceptance decision;
• A statement from the certificate holder indicating aircraft operations have ceased, causing significant disruption to the public and request for FS to expedite consideration of the certificate holder's application;
• A statement of why the certificate holder requires a temporary amendment to their program procedures, conditions, or limitations, and why it is in the public interest to allow the amendment. Whether an airworthiness or operational issue exists, provide enough specificity to define the scope of the problem and reason for the temporary amendment;
• A commitment statement that the amendment is temporary;
• Defined safety risk controls, procedures, and actions that ensures safety is at least equal to normal program performance expectations;
• An aggressive plan that shows the bringing together of aircraft, personnel, facilities and resources necessary to implement the temporary amendment actions, procedures, and safety controls in the shortest time possible, to ensure continued compliance with the applicable performance-based regulations;
• A commitment statement to provide status updates to the PI in carrying out the method of compliance;
• Aircraft identification by N-number or aircraft type that will be affected by the temporary amendment if FS were to issue a temporary nonstandard authorization; and
• A commitment statement to terminate the temporary nonstandard authorization if the safety risk changes during implementation.
B. PI or PI's Designee.
1) Whether a certificate holder discloses or the FAA discovers noncompliance, the PI or PI's designee must emphasize to the certificate holder that operations must comply with the applicable regulations. See Volume 14, Chapter 1, Section 2 to determine the proper actions in addressing the noncompliance.
2) Once the PI receives a certificate holder's request for a temporary amendment to their program procedures, conditions, or limitations, the PI or PI's designee will evaluate and substantiate the request contains the necessary information as indicated in subparagraph 3-4881A above. Repetitive requests of the same nature by a single certificate holder may indicate a program implementation issue and could be cause for denial.
3) The PI or PI's designee will determine and substantiate the adequacy of the limitations, conditions, procedures, and controls that are necessary to manage risk. (See Volume 3, Chapter 18, Section 2, subparagraphs 3-712B1) and 3-713C.)
4) After the PI or PI's designee has evaluated and substantiated the request, the PI or PI's designee will prepare a memo per Volume 3, Chapter 18, Section 2, subparagraph 3-713C2), and forward it to the FSDO/CMO manager with the certificate holder's complete information package, as explained in subparagraph 3-4881A above.
5) Once the FSDO/CMO manager or designee signs the memo and returns it to the PI, the PI or PI's designee will create an email with 'Temporary Nonstandard Authorization Request' in the Subject line. This email will include the memo from the FSDO/CMO manager and the certificate holder's complete information package. Under the direction of the FSDO/CMO manager, the PI will send the email to the following organizations:
• FSDO/CMO manager or designee,
• AED/responsible Aircraft Certification Service office point of contact(s) (POC),
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee (See Volume 3, Chapter 18, Section 2, subparagraph 3-713E.).
6) The PI or PI's designee will schedule and conduct a group teleconference with all the individuals contacted to discuss the request and to:
• Ensure personnel on the conference call understand the situation, the certificate holder's current compliance status and posture, and the certificate holder's information package and proposal,
• Provide answers to any questions presented by the group and acquire any other additional information and materials required by the group,
• Ensure the proposal is not an exemption, deviation, or waiver to an applicable regulation;
• Determine the safety risk (refer to FAA Order 8040.4, Appendix C);
• Determine whether the amendment would be in the public interest,
• Identify the appropriate OpSpec to which the certificate holder requests amendment; and
• Assuming the request is accepted in whole or in part, propose the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to the method of compliance that allows aircraft operation and reference the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
7) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive;
• Safety risk is technical or low;
• The amendment would be in the public's interest;
• Appropriateness of acceptance, denial, or modification of certificate holder's proposal;
• The appropriate OpSpec to amend;
• Nonstandard text language; and
• Duration of the temporary nonstandard authorization.
8) Once the group comes to a consensus, the PI or PI's designee will request positive confirmation from all group members via email, indicating agreement with or denial of the temporary nonstandard authorization proposal.
9) The PI or PI's designee will receive an email with a memo from the applicable Safety Standards division, granting or denying authority to the PI to issue the temporary nonstandard text into the appropriate OpSpec. If the request is denied, the PI or PI's designee will send a letter to the air carrier denying the OpSpec amendment request and explaining the basis for denial. If the applicable Safety Standards division grants authority, the PI or PI's designee will review the Safety Standards division's temporary nonstandard text details, and perform the following:
a) Enter the nonstandard text as authorized by the Safety Standards division into the appropriate OpSpec. The nonstandard text must identify the Safety Standards division delegating the authority and the date on which they received this authority as part of the text. Examples include, 'The Aircraft Maintenance Division, on 04/01/13, authorizes the use of the following nonstandard text:' or 'The Air Transportation Division, on 04/01/13, authorizes the use of the following nonstandard text:'. b) Share the OpSpec with the certificate holder for their signature. c) Sign and issue the OpSpec authorization and notify the certificate holder. d) Input/upload into the Action Item Tracking Tool (AITT) and the certificate holder's office files the certificate holder's proposal and information package, the FSDO/CMO manager's memo, and include confirmations of agreement with the temporary nonstandard authority conditions and limitations from each group member.NOTE: A temporary nonstandard authorization does not approve the overall corrective action plan (see Volume 14, Chapter 1, Section 1) or comprehensive fix (see Volume 11, Chapter 1, Section 1). PIs must exercise diligence and ensure the certificate holder fully mitigates and controls all causal factors that could exist.
10) The PI or PI's designee will remove the temporary nonstandard text from the associated OpSpec at the end of the time limitation and reissue the OpSpec.
C. FSDO/CMO Management.
1) When notified by the PI or PI's designee of a submitted request for a temporary nonstandard authorization to amend an OpSpec, FSDO/CMO management will ensure that no one provides or is pressured to provide information of any kind to the certificate holder that can be construed as an FAA authorization without following this process, regardless of the urgency. While the FAA can expedite the § 119.51 OpSpec amendment process for the benefit of the public, FAA authorization only applies when the FAA actually issues the OpSpec. The FS Safety Standards divisions are responsible for OpSpec nonstandard text and they may delegate their authority to implement it by written memo. FSDO/CMO management must ensure adherence to this safety control in order to protect individuals and the FAA from single-person decisions.
2) If the PI or PI's designee submits a memo requesting temporary nonstandard authorization, FSDO/CMO management will process the memo for signature (see Volume 3, Chapter 18, Section 2, subparagraph 3-713D) and subsequently provide the signed memo back to the PI or PI's designee.
3) The FSDO/CMO manager or their designee will coordinate with the Safety Assurance division manager or their designee to establish a group teleconference that will include:
• PI or PI's designee,
• AED/responsible Aircraft Certification Service office POCs,
• FSDO/CMO manager or designee,
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee.
4) The FSDO/CMO manager or designee will participate at the level necessary in order to:
a) Ensure all parties understand the situation, the certificate holder's compliance status and posture, and the certificate holder's information package and proposal, b) Manage the meeting by allowing free and open discussion. Prevent human factors, such as pressure, lack of resources, lack of teamwork, or stress from influencing safety decisions. Resolve conflict by keeping people focused on the problem and not on any person or individual. Provide the group with additional resources and materials as they require. Manage any unresolved questions presented by the group. Ensure the meeting produces the following outputs:1. Ensure the proposal is not an exemption, deviation, or waiver of an applicable regulation.
2. Determine the safety risk (refer to the FAA Order 8040.4, Appendix C).
3. Determine whether the amendment would be in the public interest.
4. Determine whether the identified OpSpec is the appropriate OpSpec that requires the amendment.
5. Ensure the group reaches consensus on the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to or describe the revised method of compliance. The text must refer to the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
5) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive.
• Safety risk is technical or low;
• The amendment would be in the public's interest;
• Appropriateness of acceptance, rejection, or modification of certificate holder's proposal;
• The appropriate OpSpec to amend;
• Nonstandard text language; and
• Duration of the temporary nonstandard authorization.
6) Once the group comes to a consensus, the FSDO/CMO manager or designee will send a response to the PI or PI's designee via email, indicating agreement with or denial of the request resulting from the group teleconference.
7) FSDO/CMO management will ensure the PI or designee monitors and tracks all actions associated with the temporary nonstandard authorization request and its implementation within the AITT. FSDO/CMO management or their designee will ensure the PI removes the temporary nonstandard text from the associated OpSpec at the end of the time limitation.
8) FSDO/CMO management will ensure their FSDO/CMO retains OpSpec‑associated memos in accordance with the guidelines contained in Volume 3, Chapter 18, Section 2, subparagraph 3-713J, as well as all associated notification and approval or denial emails outlined in this guidance.
D. The Safety Assurance Division Manager or Designee. When notified and informed of an urgent request for a temporary nonstandard authorization:
1) The Safety Assurance division manager or the manager's designee will notify the certificate holder by email of whether FS agrees their proposed amendment is appropriate for expedited consideration. The Safety Assurance manager or manager's designee must not indicate in any manner that FS accepts their proposal, but only state that it is under review.
2) The Safety Assurance division manager or the manager's designee will establish resources according to the urgency of the request and will coordinate with the FSDO/CMO manager or the manager's designee to establish a group teleconference that will include:
• PI or PI's designee,
• AED/responsible Aircraft Certification Service office POCs,
• FSDO/CMO manager or designee,
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee.
3) The Safety Assurance division manager or designee will ensure receipt of the email from the PI or PI's designee with 'Temporary Nonstandard Authorization Request' in the Subject line along with the FSDO/CMO manager's memo with the certificate holder's information package.
4) The Safety Assurance division manager or designee will participate at the level necessary in order to:
a) Provide division level leadership and support to ensure the FAA's decision is an interdependent, risk-based decision. Ensure all parties understand the situation, the certificate holder's compliance status and posture, and the certificate holder's information package and proposal. b) Provide oversight of the meeting by allowing free and open discussion. Prevent human factors, such as pressure, lack of resources, lack of teamwork, or stress from influencing safety decisions. Resolve conflict by keeping people focused on the problem and not on any person or individual. Provide the group with additional resources and materials as they require. Oversee and help manage any unresolved questions presented by the group. Ensure the meeting produces the following outputs:1. Ensure the proposal is not an exemption, deviation, or waiver to a prescriptive regulation;
2. Determine the safety risk (refer to FAA Order 8040.4, Appendix C);
3. Determine whether the amendment would be in the public interest;
4. Help determine whether the identified OpSpec is the appropriate OpSpec for amendment; and
5. Ensure the group reaches a consensus on the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to or describe the revised method of compliance. The text must refer to the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number and/or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
5) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive;
• Safety risk is technical or low;
• The proposed amendment would be in the public interest;
• A commitment statement to provide status updates to the PI in carrying out the method of compliance;
• Aircraft identification by N-number or aircraft type that will be affected by the temporary amendment if FS were to issue a temporary nonstandard authorization; and
• A commitment statement to terminate the temporary nonstandard authorization if the safety risk changes during implementation.
B. PI or PI's Designee.
1) Whether a certificate holder discloses or the FAA discovers noncompliance, the PI or PI's designee must emphasize to the certificate holder that operations must comply with the applicable regulations. See Volume 14, Chapter 1, Section 2 to determine the proper actions in addressing the noncompliance.
2) Once the PI receives a certificate holder's request for a temporary amendment to their program procedures, conditions, or limitations, the PI or PI's designee will evaluate and substantiate the request contains the necessary information as indicated in subparagraph 3-4881A above. Repetitive requests of the same nature by a single certificate holder may indicate a program implementation issue and could be cause for denial.
3) The PI or PI's designee will determine and substantiate the adequacy of the limitations, conditions, procedures, and controls that are necessary to manage risk. (See Volume 3, Chapter 18, Section 2, subparagraphs 3-712B1) and 3-713C.)
4) After the PI or PI's designee has evaluated and substantiated the request, the PI or PI's designee will prepare a memo per Volume 3, Chapter 18, Section 2, subparagraph 3-713C2), and forward it to the FSDO/CMO manager with the certificate holder's complete information package, as explained in subparagraph 3-4881A above.
5) Once the FSDO/CMO manager or designee signs the memo and returns it to the PI, the PI or PI's designee will create an email with 'Temporary Nonstandard Authorization Request' in the Subject line. This email will include the memo from the FSDO/CMO manager and the certificate holder's complete information package. Under the direction of the FSDO/CMO manager, the PI will send the email to the following organizations:
• FSDO/CMO manager or designee,
• AED/responsible Aircraft Certification Service office point of contact(s) (POC),
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee (See Volume 3, Chapter 18, Section 2, subparagraph 3-713E.).
6) The PI or PI's designee will schedule and conduct a group teleconference with all the individuals contacted to discuss the request and to:
• Ensure personnel on the conference call understand the situation, the certificate holder's current compliance status and posture, and the certificate holder's information package and proposal,
• Provide answers to any questions presented by the group and acquire any other additional information and materials required by the group,
• Ensure the proposal is not an exemption, deviation, or waiver to an applicable regulation;
• Determine the safety risk (refer to FAA Order 8040.4, Appendix C);
• Determine whether the amendment would be in the public interest,
• Identify the appropriate OpSpec to which the certificate holder requests amendment; and
• Assuming the request is accepted in whole or in part, propose the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to the method of compliance that allows aircraft operation and reference the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
7) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive;
• Safety risk is technical or low;
• The amendment would be in the public's interest;
• Appropriateness of acceptance, denial, or modification of certificate holder's proposal;
• The appropriate OpSpec to amend;
• Nonstandard text language; and
• Duration of the temporary nonstandard authorization.
8) Once the group comes to a consensus, the PI or PI's designee will request positive confirmation from all group members via email, indicating agreement with or denial of the temporary nonstandard authorization proposal.
9) The PI or PI's designee will receive an email with a memo from the applicable Safety Standards division, granting or denying authority to the PI to issue the temporary nonstandard text into the appropriate OpSpec. If the request is denied, the PI or PI's designee will send a letter to the air carrier denying the OpSpec amendment request and explaining the basis for denial. If the applicable Safety Standards division grants authority, the PI or PI's designee will review the Safety Standards division's temporary nonstandard text details, and perform the following:
a) Enter the nonstandard text as authorized by the Safety Standards division into the appropriate OpSpec. The nonstandard text must identify the Safety Standards division delegating the authority and the date on which they received this authority as part of the text. Examples include, 'The Aircraft Maintenance Division, on 04/01/13, authorizes the use of the following nonstandard text:' or 'The Air Transportation Division, on 04/01/13, authorizes the use of the following nonstandard text:'. b) Share the OpSpec with the certificate holder for their signature. c) Sign and issue the OpSpec authorization and notify the certificate holder. d) Input/upload into the Action Item Tracking Tool (AITT) and the certificate holder's office files the certificate holder's proposal and information package, the FSDO/CMO manager's memo, and include confirmations of agreement with the temporary nonstandard authority conditions and limitations from each group member.NOTE: A temporary nonstandard authorization does not approve the overall corrective action plan (see Volume 14, Chapter 1, Section 1) or comprehensive fix (see Volume 11, Chapter 1, Section 1). PIs must exercise diligence and ensure the certificate holder fully mitigates and controls all causal factors that could exist.
10) The PI or PI's designee will remove the temporary nonstandard text from the associated OpSpec at the end of the time limitation and reissue the OpSpec.
C. FSDO/CMO Management.
1) When notified by the PI or PI's designee of a submitted request for a temporary nonstandard authorization to amend an OpSpec, FSDO/CMO management will ensure that no one provides or is pressured to provide information of any kind to the certificate holder that can be construed as an FAA authorization without following this process, regardless of the urgency. While the FAA can expedite the § 119.51 OpSpec amendment process for the benefit of the public, FAA authorization only applies when the FAA actually issues the OpSpec. The FS Safety Standards divisions are responsible for OpSpec nonstandard text and they may delegate their authority to implement it by written memo. FSDO/CMO management must ensure adherence to this safety control in order to protect individuals and the FAA from single-person decisions.
2) If the PI or PI's designee submits a memo requesting temporary nonstandard authorization, FSDO/CMO management will process the memo for signature (see Volume 3, Chapter 18, Section 2, subparagraph 3-713D) and subsequently provide the signed memo back to the PI or PI's designee.
3) The FSDO/CMO manager or their designee will coordinate with the Safety Assurance division manager or their designee to establish a group teleconference that will include:
• PI or PI's designee,
• AED/responsible Aircraft Certification Service office POCs,
• FSDO/CMO manager or designee,
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee.
4) The FSDO/CMO manager or designee will participate at the level necessary in order to:
a) Ensure all parties understand the situation, the certificate holder's compliance status and posture, and the certificate holder's information package and proposal, b) Manage the meeting by allowing free and open discussion. Prevent human factors, such as pressure, lack of resources, lack of teamwork, or stress from influencing safety decisions. Resolve conflict by keeping people focused on the problem and not on any person or individual. Provide the group with additional resources and materials as they require. Manage any unresolved questions presented by the group. Ensure the meeting produces the following outputs:1. Ensure the proposal is not an exemption, deviation, or waiver of an applicable regulation.
2. Determine the safety risk (refer to the FAA Order 8040.4, Appendix C).
3. Determine whether the amendment would be in the public interest.
4. Determine whether the identified OpSpec is the appropriate OpSpec that requires the amendment.
5. Ensure the group reaches consensus on the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to or describe the revised method of compliance. The text must refer to the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
5) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive.
• Safety risk is technical or low;
• The amendment would be in the public's interest;
• Appropriateness of acceptance, rejection, or modification of certificate holder's proposal;
• The appropriate OpSpec to amend;
• Nonstandard text language; and
• Duration of the temporary nonstandard authorization.
6) Once the group comes to a consensus, the FSDO/CMO manager or designee will send a response to the PI or PI's designee via email, indicating agreement with or denial of the request resulting from the group teleconference.
7) FSDO/CMO management will ensure the PI or designee monitors and tracks all actions associated with the temporary nonstandard authorization request and its implementation within the AITT. FSDO/CMO management or their designee will ensure the PI removes the temporary nonstandard text from the associated OpSpec at the end of the time limitation.
8) FSDO/CMO management will ensure their FSDO/CMO retains OpSpec‑associated memos in accordance with the guidelines contained in Volume 3, Chapter 18, Section 2, subparagraph 3-713J, as well as all associated notification and approval or denial emails outlined in this guidance.
D. The Safety Assurance Division Manager or Designee. When notified and informed of an urgent request for a temporary nonstandard authorization:
1) The Safety Assurance division manager or the manager's designee will notify the certificate holder by email of whether FS agrees their proposed amendment is appropriate for expedited consideration. The Safety Assurance manager or manager's designee must not indicate in any manner that FS accepts their proposal, but only state that it is under review.
2) The Safety Assurance division manager or the manager's designee will establish resources according to the urgency of the request and will coordinate with the FSDO/CMO manager or the manager's designee to establish a group teleconference that will include:
• PI or PI's designee,
• AED/responsible Aircraft Certification Service office POCs,
• FSDO/CMO manager or designee,
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee.
3) The Safety Assurance division manager or designee will ensure receipt of the email from the PI or PI's designee with 'Temporary Nonstandard Authorization Request' in the Subject line along with the FSDO/CMO manager's memo with the certificate holder's information package.
4) The Safety Assurance division manager or designee will participate at the level necessary in order to:
a) Provide division level leadership and support to ensure the FAA's decision is an interdependent, risk-based decision. Ensure all parties understand the situation, the certificate holder's compliance status and posture, and the certificate holder's information package and proposal. b) Provide oversight of the meeting by allowing free and open discussion. Prevent human factors, such as pressure, lack of resources, lack of teamwork, or stress from influencing safety decisions. Resolve conflict by keeping people focused on the problem and not on any person or individual. Provide the group with additional resources and materials as they require. Oversee and help manage any unresolved questions presented by the group. Ensure the meeting produces the following outputs:1. Ensure the proposal is not an exemption, deviation, or waiver to a prescriptive regulation;
2. Determine the safety risk (refer to FAA Order 8040.4, Appendix C);
3. Determine whether the amendment would be in the public interest;
4. Help determine whether the identified OpSpec is the appropriate OpSpec for amendment; and
5. Ensure the group reaches a consensus on the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to or describe the revised method of compliance. The text must refer to the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number and/or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
5) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive;
• Safety risk is technical or low;
• The proposed amendment would be in the public interest;
• Appropriateness of acceptance, rejection, or modification of certificate holder's proposal;
• The appropriate OpSpec;
• Nonstandard text language; and
• Duration of the temporary nonstandard authorization.
6) Once the group comes to a consensus, the Safety Assurance division manager or designee will send a response to the PI or PI's designee via email indicating agreement with or denial of the request resulting from the group teleconference.
E. The AED.
1) When notified and informed of a submitted request for a temporary nonstandard authorization, the AED will determine whether Aircraft Certification Service office involvement is necessary, and, if so, provide the PI or PI's designee with the name of the individual for email and group teleconference contact information.
2) The AED/responsible Aircraft Certification Service office POCs will ensure they have received an email from the PI or PI's designee with 'Temporary Nonstandard Authorization Request' in the Subject line along with the FSDO/CMO manager's memo with the certificate holder's information package attached for consideration and approval sent to the following:
• FSDO/CMO manager or designee,
• Safety Assurance division manager or designee, and
• Safety Standards division manager or designee.
3) The AED/responsible Aircraft Certification Service office POCs will participate in the group teleconference with the other individuals contacted to discuss the request and:
• Review the proposal and understand the situation, certificate holder's compliance status and posture, and the certificate holder's information package and proposal;
• Ask questions as needed to clarify issues;
• Provide answers to any questions presented by the group;
• Provide the group with additional technical information as required. If manufacturer information or data is needed, the AED/ACO will obtain the needed information or data from the manufacturer;
• Ensure the proposal is not an exemption, deviation, or waiver of an applicable regulation;
• Provide feedback and help to determine the safety risk (refer to FAA 8040.4, Appendix C);
• Determine whether the amendment would be in the public interest,
• Help determine whether the identified OpSpec that is the appropriate OpSpec that requires the amendment, and
• Review and, if necessary, provide safety procedures, controls, conditions, and limitations, as necessary to the temporary nonstandard authorization language proposal.
NOTE: The proposed nonstandard authorization text must refer to or describe the revised method of compliance. The text must refer to the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number and/or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
4) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive;
• Safety risk is technical or low;
• The amendment would be in the public's interest;
• Appropriateness of acceptance, rejection, or modification of the certificate holder's proposal;
• The appropriate OpSpec;
• Nonstandard text language; and
• Duration of the temporary nonstandard authorization.
5) Once the group comes to a consensus, the AED/responsible Aircraft Certification Service office POCs will send a response to the PI or PI's designee via email, indicating agreement with or denial of the request resulting from the group teleconference.
F. The Safety Standards Division Manager or Designee.
1) When notified and informed of a submitted request for a temporary nonstandard authorization, the Safety Standards division manager or their designee will ensure receipt of an email from the PI or their designee with 'Temporary Nonstandard Authorization Request' in the Subject line along with the FSDO/CMO manager's memo with the certificate holder's complete information package sent to following:
• FSDO/CMO manager or designee,
• AED/responsible Aircraft Certification Service office POCs, and
• Safety Assurance division manager or designee.
2) The Safety Standards division manager or designee will participate in a group teleconference with the other individuals to discuss the request and:
a) Ensure an understanding of the situation, the certificate holder compliance's status and posture, and the certificate holder's information package and proposal. b) Provide answers to any questions presented by the group. c) Provide the group any other additional information and materials as required by the group. The meeting output must:• Ensure the proposal is not an exemption, deviation, or waiver of an applicable regulation;
• Determine the safety risk (refer to FAA Order 8040.4, Appendix C),
• Determine whether the amendment would be in the public interest,
• Determine whether the identified OpSpec is the appropriate OpSpec that requires amendment, and
• Ensure the group reaches a consensus on the temporary nonstandard authorization language to enter into the nonstandard text field of the associated OpSpec.
NOTE: The proposed nonstandard authorization text must refer to the method of compliance. The text must refer to the necessary procedures, controls, conditions, limitations, and, if necessary, the identification of the affected aircraft by registration number and/or fleet type, as appropriate. The nonstandard text must include the agreed-upon duration for the temporary authorization that reflects the shortest period possible in carrying out the revised method of compliance. The nonstandard text must identify the Safety Standards division delegating the authority and the date on which they received this authority as part of the text. Examples include, 'The Aircraft Maintenance Division, on 04/01/13, authorizes the use of the following nonstandard text:' or 'The Air Transportation Division, on 04/01/13, authorizes the use of the following nonstandard text:'.
NOTE: More than one group teleconference may be necessary in order for the group to come to a consensus and decision.
3) The group must reach consensus on the following:
• The applicable regulation is performance-based and not prescriptive;
• Safety risk is technical or low;
• The amendment would be in the public's interest;
• Appropriateness of acceptance, rejection, or modification of certificate holder's proposal;
• The appropriate OpSpec,
• Nonstandard text language, and
• Duration of the temporary nonstandard authorization.
4) Once the group comes to a consensus, the Safety Standards division manager or designee will send a response memo to the PI or PI's designee indicating agreement with or denial of the request resulting from the group teleconference. (See Volume 3, Chapter 18, Section 2, subparagraph 3-713 F.)
5) If the group agrees with the request, the Safety Standards division manager or designee will send a memo, addressed to the FSDO/CMO manager via email, to the PI, FSDO/CMO manager, and the Safety Assurance division manager or their designees. See Volume 3, Chapter 18, Section 2, subparagraph 3-713F2). The memo will contain the agreed-upon nonstandard text language to enter into the nonstandard text field of the identified OpSpec The Safety Standards division manager must ensure that a designee, if so used, has Safety Standards division signature authority. The Safety Standards division manager or designee will ensure correspondence processing of the signed memo through the division SharePoint site. Memo processing in SharePoint should not delay getting the signed memo to the FSDO/CMO Office. Memo processing can occur during normal business hours.
3-4881 TASK OUTCOMES, COMPLETION. Follow this guidance through to completion and document accordingly:
A. Voluntary Safety Programs. If this involved voluntary reporting from the certificate holder, follow Volume 11 guidance.
B. Compliance or Enforcement Action. If safety issues and/or regulatory noncompliance are identified, follow the process contained in Volume 14, Chapter 1, Section 2 to determine the appropriate FAA compliance or enforcement action.
C. OpSpecs. Follow the applicable Web-based Operations Safety Systems (WebOPSS) User Guide.
D. Complete the Task. Follow Volume 10 for completion of the SAS Activity Recording (AR) or DCT.
RESERVED. Paragraphs 3-4882 through 3-4886.
