When is any ol' FAA represtentative...

Discussion in 'Flight Following' started by EdFred, Apr 15, 2019.

  1. EdFred

    EdFred Touchdown! Greaser! PoA Supporter

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    ...the Administrator?

    The 250kts below 10,000 got me wondering. There is a crap ton of references in part 61 and part 91 that refer to "the Administrator" and with a lot of those the supposition is that it's not actually Dan Elwell.

    In Part 61 there are all sorts of references to Administrator (94 of them)
    61.1
    "...a person authorized by the Administrator..." Well, that check ride I took wasn't with the Administrator it was by a DPE, who doesn't even work for the FAA.

    61.3
    "...in the persons physical possession...identification that the Administrator finds acceptable."

    Well, if' I"m ramp checked the guy from the FSDO isn't going to call up OKC and get verification that whatever for of ID I've got works. He's got discretion to say that works or doesn't work for ID.

    61.13
    "...application on a form...acceptable to the Administrator."

    If my chicken scratch is really bad, the DPE can say, this isn't acceptable, he doesn't have to get a rejection from OKC.
    SODA rides: "Administrator determines...." again it isn't Dan Elwell that's determining it personally. That is delegated.

    61.17
    "...the Administrator finds qualified..."
    All of these are delegated representation of the Administrator. And the list goes on, and that's just in part 61.

    What makes these difference from "...unless Authorized by the Administrator..." in that a DPE or someone from the FSDO is "the Administrator" and someone in ATC is not?
     
  2. Kenny Phillips

    Kenny Phillips Pattern Altitude

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    Could you repeat the question? :confused:
     
  3. MauleSkinner

    MauleSkinner Final Approach

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    As an examiner, I have a written authorization from he FAA to give the check rides that I do. Not signed directly by the Adminstrator, but the process for approval is also directed by official documentation.

    Using the “Administrator” terminology eliminates the confusion that could be associated with “acceptable to the DPE” or “acceptable to the inspector”.

    An inspector doesn’t have a lot of discretion in choosing the ID that’s acceptable...he’s got documentation that allows a fairly limited group of documents that are “acceptable to the Administrator”.

    It’s all about the paper trail that goes back to “the Administrator”.

    Edit...oh, and when I say “paper trail”, it isn’t all paper, and it doesn’t actually make a continuous trail to the Administrator’s office. ;)
     
    Last edited: Apr 15, 2019
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  4. Doc Holliday

    Doc Holliday Pre-takeoff checklist

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    The FAA ASI has an order by the Administrator called the 8900.1. That is his order to carry out work on behalf of the Administrator. There are additional orders as well in which the ASI can use.

    So when you see "Administrator" this means his designee as well.
     
  5. PPC1052

    PPC1052 En-Route

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    49 U.S.C. § 44702 empowers the FAA Administrator to delegate to private individuals the the examination, testing, and inspection necessary to issue a certificate under "this chapter."

    Those certificates are:

    airman certificates,
    design organization certificates,
    type certificates,
    production certificates,
    airworthiness certificates,
    air carrier
    operating certificates,
    airport
    operating certificates,
    air agency certificates,
    and air navigation facility certificates

    https://www.law.cornell.edu/uscode/text/49/44702

    See also, 14 CFR 183.23 https://www.law.cornell.edu/cfr/text/14/183.23

    For delegation to DPEs, they sign on that they agree to follow Order 8900.2B, or they will have their delegation of authority rescinded.

    https://www.faa.gov/documentLibrary/media/Order/Order_8900.2B.pdf
     
    Last edited: Apr 15, 2019
  6. Juliet Hotel

    Juliet Hotel Line Up and Wait PoA Supporter

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    I ain't no highfalutin government lawyer or anything but....

     
  7. wsuffa

    wsuffa Touchdown! Greaser!

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    Delegated authority. And it's pretty common in our system of government.
     
  8. EdFred

    EdFred Touchdown! Greaser! PoA Supporter

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    Yeah, strictly when reading 14CFR, how do we know when he has and when he has not delegated his authority?
     
  9. Doc Holliday

    Doc Holliday Pre-takeoff checklist

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    A designee has documentation he has been delegated authority. An ASI has credentials.
     
  10. PPC1052

    PPC1052 En-Route

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  11. Lachlan

    Lachlan En-Route

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    It’s easy. You’ll know when the tower reads you a number to copy down. ;)
     
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  12. EdFred

    EdFred Touchdown! Greaser! PoA Supporter

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    "Stepped on"
     
  13. timwinters

    timwinters Touchdown! Greaser! PoA Supporter

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    As an aside, do you know where that term originated. If not, yawannaknow?

    When early Americans travelled by steamboat the well-to-do sat on the top deck when the weather was nice. That's where all the best services were doled out. Said passengers were referred to as highfalutin due to the ornate and fluted smoke stacks on the boats.
    E420AFD9-9EDB-4F3C-8C8E-BA49A2D21C49.jpeg
     
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