DARs – Where Can They Work? From Home?

I have heard from quite a few ASA members that their DARs are being told that they can no longer work from their own facilities.  This is a problem for many DARs who receive parts at their home or office, review each part and its paperwork, and then if the part is eligible the DAR issues an 8130-3 tag for the part.

The source of the issue appears to be an FAA email that stated:

It has come to the attention of the FAA some designees are unclear on where FAA Form 8130-3 may be issued when performing authorized work at the request of a distributor.  As defined in FAA Order 8130.21, any certification work when performed on a distributor’s inventory must be performed at the distributor’s place of business.  This policy does not allow for a designee to perform these functions at their personal home location.  In addition, the Designee Management Policy in FAA Order 8000.95 requires the designee to define the location of where the activity is going to take place, prior to the FAA delegating the function.

Contrary to the email, there is no general requirement in FAA Order 8130.21H that 8130-3 tags must be issued “at the distributor’s place of business.”  We’ve been in touch with FAA Headquarters about this, and they have pledged to examine the situation.

Different Type of DARs

In examining the guidance situation, it is important to remember that there are different types of DARs with different privileges.  There are DARs who received their privileges under FAA Policy memos:

Those DARs are typically restricted to only working at the facility of the sponsoring distributor.  The reason for this is because their privileges are tied to the AC 00-56B system of the distributor. They use a systems approach based on the accredited system to support their findings.

These ‘limited-DARs’ should be contrasted with traditional DARs who are not specifically tied to an accredited distributor.  Traditional DARs are typically limited to the geographical range of the office from which they received their credentials (the managing office).  If the DAR needs to work outside of that range, then there is a well-documented process for expanding those geographic limitations (it involves assurances that the FAA is able to adequately monitor and supervise the designee, as well as coordination between geographically relevant offices).

Note of course that a DAR who lives in a geographic district different from that of his or her FAA managing office should consider transferring to a more geographically-suitable FAA managing office if he or she plans to work from (and issue tags from) a home office.  Designee operations outside of the geographic territory of the managing office are typically not permitted without written permission from the FAA.

Limit on ‘Traditional’ DARs

The recent email received by some DARs appears to have been sent to traditional DARs.  But it appears to have confused the restrictions placed on the special category DARs who work on for distributors (and who must operate within the AC 00-56 quality system of the distributor), with the privileges of ‘normal’ DARs, who may operate anywhere within their prescribed geographic limitations.

This is more than just a matter of confusion of standards.  There are problems with this directive, including:

(1) Order 8130.21H states that when a tag is issued at a distributor’s facility then the distributor’s name and address should be placed in block 4 – but this does not limit where the tag can be issued – it only sets a rule for how to complete block 4 (this is consistent with the guidance in para 2-5(b) of that same order, which requires block 4 to state the name and address where the tag is issued;

(2) There is no restriction in Order 8130.21H that forbids a DAR from operating out of his or her home, even when reviewing parts that belong to a distributor;

(3) Many DARs are both semi-retired and aged, so it is not unusual for many of them to operate out of their home offices,

(4) When the DAR operates out of his or her home office, the distributor must bring the parts to the DAR for review prior to issue of the tag; and,

(5) Order 8130.21H requires that the 8130-3 state where the tag was issued, so it is supposed to list the DAR’s home office address, if that is where the tag was issued.

The recent language is already causing problems for several distributors, whose DARs feel that they can no longer accept and review parts at their home offices.

ASA has brought this to the attention of FAA management, and they rapidly pledged to examine the situation.

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