FAA Order 8110.37(), Designated Engineering Representative (DER) Handbook, is a handbook of procedures, technical guidelines, limitations of authority, tools, and resources for Designated Engineering Representatives (DERs), who are appointees of the Federal Aviation Administration. Both DERs and the FAA offices managing them have individual and mutual roles and responsibilities in the certifications of safety of aircraft and aviation systems. This handbook provides a better understanding of these roles.[3] Although intended for the roles of DERs, this order may be useful to ODA engineering Unit Members, who are effectively DERs managed by aviation manufacturers rather than by the FAA.[4]
Under 14 CFR, the FAA holds authority and responsibility for certifying airworthiness of all aircraft flying within the U.S. Airspace. However, such approval requires comprehension of volumes of complex technical data by a large staff of engineers. Such staffing is beyond the capacity of the agency, so the FAA recognizes particularly qualified private persons to approve or recommend approval of technical data on behalf of the FAA. These persons are recognized as Designated Engineering Representatives and are employed by manufactures or consultancies — they are not FAA employees.[5][6][7][8]
Considered the "Bible" for DERs fulfilling their airworthiness certification functions, the FAA created 8110.37() "to give FAA managing offices and the DERs a better understanding of their individual and mutual responsibilities."[9]
Conforming to the procedures of Order 8110.37() is the only protection provided to DERs; a DER's designation may otherwise be terminated for "any reason considered appropriate by the Administrator."[10] The Order defines that DERs may request reviews of such termination by the appointing Aircraft Certification Office (ACO) Manager and further second-level review by the Manager of the Directorate.[11]
8110.37() defines the certification activities of a DER. These defined activities include the following:
The FAA typically delegates DERs the authority to conduct examinations, testing, and inspections necessary to issue a type design certificate and to issue a type certificate when conformity is found, all following the same procedures an FAA engineer must follow in those activities.[12]
Having obtained a Type Design approval, a manufacturer may need to change the approved design. 14 CFR § 21.93 classifies type design changes as either major or minor. It is the manufacturer's responsibility to first determine and notify the FAA whether a proposed type change is major or minor, subject to FAA review. Major changes require FAA review and approval of new design and test data to ensure that the changed designs meet federal requirements, in which the FAA relies on DERs as much as for the original design approvals.[13]
One task of DERs is to review technical data for compliance with FAA airworthiness requirements and governing regulations. Where DERs find compliance, they certify that compliance by completing FAA Form 8110-3, Statement of Compliance with Airworthiness Standards for the specific configuration of the technical data they reviewed.[7] Form 8110-3 is the only FAA form that any DER may sign under their designated authority.[14] Order 8110.37() provides instructions for completing Form 8110-3, and includes examples of completed Forms.
The FAA also maintains an electronically fillable Form 8110-3 in its Document Library for download. The form includes instructions for editing the form itself, referring DERs to Order 8110.37() for instructions and examples for recording their findings of compliance with the form.[15][16]
A plane may be type certified in the Northwest Region, operated out of the Central Region, and modified in the Southeast Region. If a DER's authority to approve data is defined by engineering specialty in one, types of analysis in another and part of the airplane in a third, it could become difficult to determine just what that authority is. In partial response to this, the FAA issued a new, national "DER Guidance Handbook" on September 28, 1979 [61FAA Order 8110.37] This handbook primarily tracks with the Western Region's interpretive order and provides a national model. As mere guidance, its successful implementation remains to be seen.
The functional roles and responsibilities for designees are set forth in FAA Orders 8110.37 D for Designated Engineering Representatives ...
While information in this order is intended for DERs, it may also be useful to ODA engineering unit members when performing compliance finding functions, such as completing an 8100-9 form by following the 8110-3 functions in Appendix B.
[Section] 3. Relevance of FAA Approval of the Max Design
A great deal of reporting in the popular media has focused on the seemingly cozy relationship between Boeing and the FAA, which is responsible for certifying aircraft designs as airworthy.147 Unsurprisingly, the regulations defining the requirements for certification are complex and require the submission of reams of engineering data.148 It is unrealistic to believe that a federal agency could afford to attract and retain engineering staff in all of the subdisciplines required to evaluate the compliance of a design with airworthiness standards. The FAA therefore recognizes Designated Engineering Representatives (DER), who may be employed by the manufacturer, to approve technical data on behalf of the FAA.149 [Here Wendel cites 8110.37()] see also Fed. Aviation Admin., Order 8110.37F, ... The DER system is premised on the inability of the FAA to attract and retain qualified engineers in all of the subdisciplines involved in certifying a transport-category jetliner—engines, electronics, flight analysis, structural, and systems and equipment engineering.158 [again explicitly citing 8110.37()]
... the realities of the FAA workload and scheduling may make use of designees a pragmatic necessity. ... For more information, see ... FAA Order 8180.37.
A DER is appointed by the FAA to act as its technical surrogate and holds an engineering degree or equivalent and meets the qualification requirements of FAA Order 8100.8 (). This person, who is managed by an administrative contracting officer, follows the same procedures that an FAA engineer would when certifying that the technical data provided for a third-party repair complies with air worthiness requirements and to governing FAA regulations and must be functionally proficient for the technical data being approved. For example, an engine DER looks to see whether engineering reports, drawings, and other data relating to durability, materials, and processes used in design, operation, and maintenance comply with pertinent regulations (FAA, 2011a[here, RAND Corporation is explicitly citing Order 8110.37]). If the technical data are found to comply with FAA requirements, the DER certifies this by signing FAA Form 8110-3, Statement of Compliance with Airworthiness Standards (). This form lists a description of the data, data purpose, and applicable requirements and either approves the data or recommends approval of the data as complying with requirements of airworthiness standards. The actual technical data are owned by the third-party applicant seeking an 8110-3 approval.
... the FAA has developed, and continues to supplement and update, a Designated Engineering Representative Handbook.85 This 66-page handbook defines the procedures, technical guidelines, limitations of authority, and tools and resources for DERs. "We designed this handbook to give FAA managing offices and the DERs a better understanding of their individual and mutual responsibilities."86 This document can be considered the "Bible" for DERs in fulfilling their functions and responsibilities while certifying aircraft design processes.
Additionally, the only form a DER is authorized to sign is a Statement of Compliance form (8110-3).
[The website links to the electronically fillable Form 8110-3:] DER approval is issued as FAA Form 8110-3, Statement of Compliance with the Federal Aviation Regulations.
This presentation is based on [instructional] information published in FAA Order 8110.37().