FAA Order 8110.37

*Designated Engineering Representative (DER) Handbook*
	FAA Publication
Abbreviation	FAA Order 8100.37
Status	Active
First published	28 September 1979
Latest version	F; 2017
Organization	Federal Aviation Administration AIR-600
Domain	Airworthiness certification
Website	Order 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]

Certification Activities of a DER

8110.37() defines the certification activities of a DER. These defined activities include the following:

Type Design Certification

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]

Changes in Type Design

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]

FAA Form 8110-3

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]

References

^ 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.
^ 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.
^ 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 ...
^ "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.
^ 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()]
^ 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.
^ ^a ^b Mary E. Chenoweth; Michael Boito; Shawn McKay; Rianne Laureijs (2016). Applying Best Practices to Military-Commercial Derivative Aircraft Engine (PDF). RAND Corporation. ISBN 978-0-8330-9573-2. Retrieved 2022-04-06. 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.
^ 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.").
^ 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.
^ 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]").
^ 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.
^ AVCO Corporation v. Jill Sikkelee, individually and as personal representative of the estate of David Sikkelee, 18-1140 APPENDIX A (Supreme Court of the United States July 11, 2018) ("The FAA may delegate to certain qualified persons—designated engineering representatives (“DERs”)—the authority to conduct examinations, testing, and inspections necessary to issue a certificate, and to issue a certificate. 49 U.S.C. § 44702(d)(1); see 14 C.F.R. §§ 183.1, 183.13, 183.15, 183.29 (designation of DERs and termination of such designation); FAA Order 8110.37F, Designated Engineering Representative (DER) Handbook (2017); see also Steenholdt v. FAA, 314 F.3d 633, 634-35 (D.C. Cir. 2003) (discussing appointment and designation of DERs and the FAA’s oversight of DERs). DERs are typically members of the private sector and employees of aircraft manufacturers, see United States v. S.A. Empresade Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 807 (1984); FAA, Order 8110.37F, at 2-1 to 2-2, but their specific roles, authorizations, and responsibilities are established by agreement between the DER and the FAA office responsible for supervising the DER, FAA, Order 8110.37F, at 2-2, app. C at C-1. In determining whether a manufacturer meets the requirements for a type certificate, a DER must follow the same procedures an FAA engineer must follow. See 14 C.F.R. § 183.29(e); FAA, Order 8110.37F, at 2-1. DERs may approve minor design changes and, if specifically authorized, also may approve major changes. FAA, Order 8110.37F, at 2-2, 4-4; see infra at 19.").
^ AVCO Corporation v. Jill Sikkelee, individually and as personal representative of the estate of David Sikkelee, 18-1140 (Supreme Court of the United States February 11, 2003) ("Type certificate holders can change their designs, and frequently do. Design changes are either “major” or “minor.” 14 C.F.R. § 21.93(a). A “minor change” is one that has no “appreciable effect” on “characteristics affecting the airworthiness of the product.” Ibid. A manufacturer is responsible for deciding, in the first instance, whether a change is “minor.” See FAA Order 8110.37F, at 4-4 (2017). ... Both the certification and design change process depend heavily on manufacturers, who conduct essentially all of the relevant testing. The FAA, in turn, “spot check[s]” the manufacturer’s work. More specifically, the FAA relies on “designees,”").
^ Richard Sheng (Feb 23, 2019). Systems Engineering for Aerospace: A Practical Approach. Academic Press. p. 182. ISBN 9780128172728. Retrieved 2022-06-09. Additionally, the only form a DER is authorized to sign is a Statement of Compliance form (8110-3).
^ "FAA Form 8110-3" (PDF). FAA.
^ "GV FAQs". www.eol.ucar.edu. Earth Observing Laboratory. Retrieved 2022-06-09. [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.

External links

"FAA Order 8110.37F" (PDF). FAA.
"FAA Form 8110-3" (PDF). FAA., electronically fillable PDF format with "Instruction For Completing This Electronic Format Version of FAA Form 8110-3"
Regulations & Policies on the FAA website

[HR1980-1] 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.

[ICAS88-2] 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.

[Florio2010-3] 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()]

[Spitzer2015b-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.

[RAND2016-7] Mary E. Chenoweth; Michael Boito; Shawn McKay; Rianne Laureijs (2016). Applying Best Practices to Military-Commercial Derivative Aircraft Engine (PDF). RAND Corporation. ISBN 978-0-8330-9573-2. Retrieved 2022-04-06. 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.

[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.

[12] AVCO Corporation v. Jill Sikkelee, individually and as personal representative of the estate of David Sikkelee, 18-1140 APPENDIX A (Supreme Court of the United States July 11, 2018) ("The FAA may delegate to certain qualified persons—designated engineering representatives (“DERs”)—the authority to conduct examinations, testing, and inspections necessary to issue a certificate, and to issue a certificate. 49 U.S.C. § 44702(d)(1); see 14 C.F.R. §§ 183.1, 183.13, 183.15, 183.29 (designation of DERs and termination of such designation); FAA Order 8110.37F, Designated Engineering Representative (DER) Handbook (2017); see also Steenholdt v. FAA, 314 F.3d 633, 634-35 (D.C. Cir. 2003) (discussing appointment and designation of DERs and the FAA’s oversight of DERs). DERs are typically members of the private sector and employees of aircraft manufacturers, see United States v. S.A. Empresade Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 807 (1984); FAA, Order 8110.37F, at 2-1 to 2-2, but their specific roles, authorizations, and responsibilities are established by agreement between the DER and the FAA office responsible for supervising the DER, FAA, Order 8110.37F, at 2-2, app. C at C-1. In determining whether a manufacturer meets the requirements for a type certificate, a DER must follow the same procedures an FAA engineer must follow. See 14 C.F.R. § 183.29(e); FAA, Order 8110.37F, at 2-1. DERs may approve minor design changes and, if specifically authorized, also may approve major changes. FAA, Order 8110.37F, at 2-2, 4-4; see infra at 19.").

[13] AVCO Corporation v. Jill Sikkelee, individually and as personal representative of the estate of David Sikkelee, 18-1140 (Supreme Court of the United States February 11, 2003) ("Type certificate holders can change their designs, and frequently do. Design changes are either “major” or “minor.” 14 C.F.R. § 21.93(a). A “minor change” is one that has no “appreciable effect” on “characteristics affecting the airworthiness of the product.” Ibid. A manufacturer is responsible for deciding, in the first instance, whether a change is “minor.” See FAA Order 8110.37F, at 4-4 (2017). ... Both the certification and design change process depend heavily on manufacturers, who conduct essentially all of the relevant testing. The FAA, in turn, “spot check[s]” the manufacturer’s work. More specifically, the FAA relies on “designees,”").

[14] Richard Sheng (Feb 23, 2019). Systems Engineering for Aerospace: A Practical Approach. Academic Press. p. 182. ISBN 9780128172728. Retrieved 2022-06-09. Additionally, the only form a DER is authorized to sign is a Statement of Compliance form (8110-3).

[15] "FAA Form 8110-3" (PDF). FAA.

[16] "GV FAQs". www.eol.ucar.edu. Earth Observing Laboratory. Retrieved 2022-06-09. [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.

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