More than your average Sunday GA pilot, pilots who make their living in the world of aviation may regard officials at the FAA with a certain level of suspicion. Some skeptical pilots believe the FAA inspectors are lying in the shadows waiting to pounce upon the unsuspecting aviator with an enforcement action that will cripple a career. That’s unfortunate. The vast majority of FAA employees are decent folk who are helpful, courteous, and who truly want to do the right thing.
One good feature of the FAA is that most of the how and why it deals with the public is prescribed in writing, and federal employees are bound by published orders and policies. For the most part, they play their cards open-faced. Aspiring professionals, as well as the average “airport bum” (a term of endearment!), might want to look at the Flight Standards Information Management System (FSIMS) website.
FSIMS is a reference library of FAA orders, guidance, directives, and policy. There is no way that anyone can plow through the mass of literature and come away with a keen and full understanding of how the FAA conducts business, but there are some unique volumes that may pique one’s interest.
At the top of the list has got to be Order 2150.3B-FAA, Compliance and Enforcement Program. We all are concerned about running into a brick wall of a regulation violation. We fear that an FAA inspector can yank our certificate for years and banish us to pontoon boating. Well, there is a “sanction table” that assigns specific penalties for specific transgressions. That would be nice to know if and when a Letter of Investigation (LOI) arrives via certified mail.
Pay particular attention to the Enforcement Decision Process (EDP). Most first-time rules violations, which had no significant impact on safety, can be resolved with either counseling or an administrative action such as a Letter of Warning. It’s there in the guidance to inspectors.
If you are headed toward a professional flying career with either an airline or a Part 135 charter operation, take a look at the Aviation Safety Action Program (ASAP) for airlines and the Voluntary Disclosure Reporting Program (VDRP) for 135s.
Now this may be a hard pill to swallow for some who remain skittish about the FAA’s motives but, essentially, both programs recognize that to err is human. If an airman or operator bumps against the regulations, he should confess voluntarily through the company to the FAA principal inspectors assigned to the carrier. The FAA wants to know what went wrong and how the problem will be fixed so as to avoid future conflicts.
The press has published numerous stories about the dreaded “709 reexamination.” That term originates with Title 49 of the United States Code, Section 44709, which gives the FAA the legal right to inspect or reexamine an airman. Tales circulate about airmen who are vehemently opposed to riding with the FAA, usually as the result of an incident or accident. If that should happen to you, slide over to Order 8900.1; Volume 5; Chapter 7. See exactly how the FAA is to conduct that reexamination and the adventure will not be so daunting. In fact, submitting to a “709” is much preferred to an enforcement action because a “709” isn’t one: an enforcement action.
Most dealings with the FAA are catalogued in Order 8900.1. Want to start a Part 141 school? It’s in there. Want to become a check airman for an airline? It’s in there. Want to put together a hot air balloon festival and need information on waivers? It’s in there, too. Looking to start your own single-engine, single-pilot 135 outfit? It’s in there.
An interesting tidbit for those affiliated with Part 141 flight schools is under the MMEL (Master Minimum Equipment List) section. Presume that an instructional flight is ready to depart, the fuel tanks were inspected, and the fuel tanks were filled. But, after flipping the master switch, it is noted that the left fuel gauge indicator is reading empty. The flight is then grounded because operative fuel gauges are required and cannot be deferred.
However, in the MMEL section, a “Single Engine MMEL” can be located which, upon approval by the FAA, means that the flight could continue with one inoperative fuel gauge provided certain procedures are followed. Neat! Why more 141 flight schools do not adopt ASE MEL programs based upon the MMEL is a mystery.
All of us encounter designated pilot examiners (DPE). Just who are these people and what makes them so special? What if you want to become one? See Order 8900.2, General Aviation Airmen Designee Handbook. There you will find the process to apply for the designee program and become aware of the privileges and limitations of those who represent the FAA during the testing and certification process.
Punch on the “Publications” link and then “Notices.” Subjects range from N.8900.258, Logging of Unmanned Aircraft Systems Pilot Time, to N.8900.272, Airplane External Load Operations within the State of Alaska.
The FAA is launching a monumental change to the manner in which it conducts oversight of Part 121 airlines, Part 135 air charter operators, and Part 145 repair stations. The Safety Assurance System (SAS) represents Flight Standards’ method of compliance with ICAO’s mandate that its member states adhere to the precepts of the Safety Management System (SMS). This new paradigm for managing safety by industry regulators is deserving of a college-level course. Anyone enrolled in an aviation management program should see Order 8900.1, Volume 10, Safety Assurance System Policy and Procedures and become familiar.
Pilots, both professional and everyday GA types, need to engage with the FAA on many different levels throughout their careers. Understanding how the FAA works may foster a better relationship all the way around. FSIMS is a step in that direction. Dive in.
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