FAA Order 8110.37

Designated Engineering Representative (DER) Handbook
FAA Publication
AbbreviationFAA Order 8100.37
StatusActive
First published28 September 1979 (1979-09-28)[1][2]
Latest versionF
2017 (2017)
OrganizationFederal Aviation Administration AIR-600
DomainAirworthiness certification
WebsiteOrder 8110.37F
Form 8110-3

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]

  1. ^ Jack Brooks, Chairman, Committee on Government Operations (May 7, 1980). "A thorough Critique of Certification of Transport Category Aircraft by the Federal Aviation Administration". United States Congressional Serial Set (House Report No. 96-924). Washington, DC: United States Government Publishing Office: 29. Retrieved 2022-05-04. 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.
  2. ^ F.W. Zappert; H.A. Parker (1988). "The FAA Designee System and Its Contribution to Commercial Aviation" (PDF). International Council of the Aeronautical Sciences. 88 (6.2.1): 364. Retrieved 2022-05-04.
  3. ^ Filippo De Florio (2010). Airworthiness : An Introduction to Aircraft Certification. Elsevier. p. 146. ISBN 9780080968032. Retrieved 2022-03-25. The functional roles and responsibilities for designees are set forth in FAA Orders 8110.37 D for Designated Engineering Representatives ...
  4. ^ "FAA Order 8110.37F" (PDF). Retrieved 2022-06-09. 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.
  5. ^ W. Bradley Wendel (2019). "Technological Solutions to Human Error and How They Can Kill You: Understanding the Boeing 737 Max Products Liability Litigation" (PDF). Journal of Law and Commerce. 84 (3): 379. [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()]
  6. ^ Cary Spitzer; Uma Ferrell; Thomas Ferrell, eds. (2015). Digital Avionics Handbook, Avionics, Development and Implementation (3rd ed.). Boca Raton, FL: CRC Press. p. 9-8. ISBN 978-1138076983. ... the realities of the FAA workload and scheduling may make use of designees a pragmatic necessity. ... For more information, see ... FAA Order 8180.37.
  7. ^ Cite error: The named reference RAND2016 was invoked but never defined (see the help page).
  8. ^ William L. MARCY, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, 936 F.2d 583 (United States Court of Appeals, Tenth Circuit. June 26, 1991.) ("the FAA is authorized to designate properly qualified persons in the private sector to act as structural engineering representatives of the FAA for the purpose of examining and approving certain aircraft engineering data. See also 14 C.F.R. Sec. 183.1; FAA Order 8110.37(5)(b). ... FAA Order 8110.37, the Designated Engineering Representative Guidance Handbook states, g. Designation Renewals. A DER's designation expires annually and must be either renewed or terminated for cause. The cause could be any of the following: ... (4) Continued integrity is not found in the DER's work or communications.").
  9. ^ Douglas M. Marshall (Spring 2020). "Drone versus Manned Aircraft: An Analysis of the Application of the Discretionary Function Exception to the Federal Tort Claims Act to Accidents Caused by a Collision Between a Drone and a Manned Aircraft" (PDF). Issues in Aviation Law and Policy. 19 (2): 263. ... 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.
  10. ^ Carlos Lopez v. Federal Aviation Administration, 01-1427 (United States Court of Appeals, District of Columbia Circuit May 22, 2019) ("It is uncontested that FAA Orders 8110.37C and 8130.24 provide procedural safeguards that are the only available protection for DERs whose designation can otherwise be terminated by the FAA for "any reason considered appropriate by the Administrator." [emphasis added]").
  11. ^ Randy Steenholdt v. Federal Aviation Administration (United States Court of Appeals, District of Columbia Circuit January 10, 2003) ("If the DER requests review of that decision, a first-level review is conducted by the appointing ACO Manager.   If the DER seeks further review, a second-level review is conducted by the Manager of the Directorate.   Designated Engineering Representative (DER) Guidance Handbook, FAA Order No. 8110.37C ¶ 706 (Sept. 30, 1998)."), Text.