[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20004]
[[Page Unknown]]
[Federal Register: August 17, 1994]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 65 and 66
Revision of Certification Requirements: Mechanics and Repairmen;
Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 65, and 66
[Docket No. 27863; Notice No. 94-27]
RIN 2120-AF22
Revision of Certification Requirements: Mechanics and Repairmen
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This notice proposes to amend the Federal Aviation Regulations
(FAR) that prescribe the certification and training requirements for
mechanics and repairmen. Current regulations prescribing these
certification requirements do not reflect the significant technological
advances that have occurred in the aviation industry and the
enhancements in training and instructional methods that have affected
all aviation maintenance personnel. The proposed rule would consolidate
and clarify all certification, training, experience, and currency
requirements for aviation maintenance personnel in a newly established
Part 66 of the FAR. The proposal would enhance aviation safety by
establishing new training programs for aviation maintenance personnel
and would decrease the regulatory burden on these personnel by
providing alternatives for meeting experience and currency
requirements. The proposed rule would enhance the technical
capabilities and increase the level of professionalism among aviation
maintenance personnel. All proposals are based on recommendations
developed by the Aviation Rulemaking Advisory Committee (ARAC).
DATES: Comments must be submitted on or before October 17, 1994.
ADDRESSES: Comments on this notice should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-10), Docket No. 27863, 800 Independence
Avenue SW., Washington, DC 20591. Comments delivered must be marked
Docket No. 27863. Comments may be examined in Room 915G weekdays
between 8:30 a.m. and 5 p.m., except on Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mr. Leslie K. Vipond, AFS-302, Aircraft Maintenance Division, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591, telephone (202) 267-3269.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this notice are also invited. Substantive comments should
be accompanied by cost estimates, if appropriate. Comments should
identify the regulatory docket or notice number and should be submitted
in triplicate to the Rules Docket address specified above. All comments
received on or before the closing date for comments specified will be
considered by the Administrator before action is taken on this proposed
rulemaking. The proposals contained in this notice may be changed in
light of comments received. All comments received will be available,
both before and after the closing date for comments, in the Rules
Docket for examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket. Commenters wishing the FAA to
acknowledge receipt of their comments submitted in response to this
notice must include a preaddressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. 27863.'' The
postcard will be date stamped and mailed to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-220, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Communications
must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRMs should request from the above office a copy of Advisory Circular
(AC) No. 11-2A, Notice of Proposed Rulemaking Distribution System,
which describes the application procedure.
Background
In keeping with the FAA's policy of reviewing and upgrading
regulations to ensure that they are consistent with changes in the
aviation environment, the FAA is conducting a two-phase regulatory
review to amend Part 65, Subparts D and E (14 CFR Part 65) of the FAR,
which pertain to mechanics, mechanics holding inspection
authorizations, and repairmen. Since the recodification requirements
for these airmen has not been accomplished and few significant
revisions to the subparts have been made. However, numerous
technological advances in the aviation industry, recent FAA and
international regulatory activities, concerns over aging aircraft, and
enhancements in training methods have significantly affected all
aspects of maintenance operations. Additionally, various and often
conflicting interpretations of the existing regulations periodically
have resulted in confusion among the airmen for whom this part was
intended. Because of these factors, the FAA has instituted this
complete regulatory review of Part 65, Subparts D and E.
In November 1989, a joint industry/FAA Part 65 review group was
formed to evaluate and review certification requirements for mechanics
and repairmen. The review group's objective was to develop and present
a unified position on Part 65. The group comprised representatives from
several aviation associations and was coordinated by the Professional
Aviation Maintenance Association (PAMA). FAA interests were represented
by the Aircraft Maintenance Division (AFS-300) of the FAA.
The review group conducted a series of panel discussions throughout
the United States and, as a result, drafted the Industry/FAA Part 65
Review Group Working Paper, which was published on January 31, 1991.
This paper presented the issues of general agreement within the review
group and also presented those issues that the group believed would
require further discussion.
Further impetus for the Part 65 review came with ARAC's
establishment. The ARAC charter became effective on February 5, 1991.
ARAC was established to assist the FAA in the rulemaking process by
providing input from outside the Government on major regulatory issues
affecting aviation safety. ARAC includes representatives of air
carriers, manufacturers, general aviation, labor groups, universities,
associations, airline passenger groups, and the general public. Under
the framework provided by ARAC, the previously established Part 65
review group became a working group of ARAC. ARAC's formation has given
the FAA additional opportunities to solicit information directly from
significantly affected parties who meet and exchange ideas about
proposed rules and existing rules that should either be revised or
eliminated.
The issues agreed upon by the review group in the January 31, 1991,
working paper and the consensus achieved at subsequent meetings of the
Part 65 working group have become the basis for the changes proposed in
this NPRM, which constitute phase I of the Part 65 regulatory review.
The issues that require further discussion and agreement by the members
of the working group (such as the evaluation of any potential for
additional certificates and ratings and the expansion of aviation
repair specialist privileges) will become the basis for phase II of the
regulatory review and a subsequent NPRM.
In support of this regulatory review, the FAA completed a
historical review of Part 65, Subparts D and E, on October 22, 1991.
This review revealed that there have been 17 amendments (1 of which was
rescinded), 3 petitions for rulemaking, and 100 exemption actions to
these subparts since recodification. In addition, one accident, the
Aloha Airlines Boeing 737 structural failure on April 28, 1988,
generated National Transportation Safety Board (NTSB) recommendations
related to these subparts.
The three petitions for rulemaking addressed issues associated with
establishing certificates and ratings for avionics and instrument
technicians, recertifying mechanics, and allowing applicants for
mechanic certificates who desire to qualify on the basis of experience
and have not graduated from an approved Part 147 aviation maintenance
technician school to take the oral and practical tests for a
certificate or rating before completing the required written tests.
The majority of requests for exemption, FAA policy letters, and
legal interpretations regarding mechanics pertained to inspection
authorization renewal or the general eligibility and experience
requirements. The majority of actions concerning repairmen involved
certificate privileges and limitations.
The FAA also conducted a survey of FAA regional offices on the
certification of mechanics, holders of inspection authorizations, and
repairmen during 1991. A copy of this survey has been placed in docket
number 27863. The survey questions were derived from issues that
surfaced during FAA participation in listening sessions with aviation
industry associations and the International Civil Aviation Organization
(ICAO) Aircraft Maintenance Engineer Licensing Panel and from issues
identified in legal interpretations, petitions for exemption, petitions
for rulemaking, and enforcement actions.
Results of this survey showed clear support for: (1) replacing the
term ``mechanic'' with ``aviation maintenance technician''; (2)
developing a system for granting additional privileges and limitations
for mechanics; (3) encouraging additional FAA participation with ICAO
and other aviation authorities to standardize training and
certification of maintenance personnel; (4) using aviation maintenance
instructor experience to satisfy recent experience requirements; (5)
clarifying Sec. 65.75(b), written test requirements; (6) adding
``facsimile'' to Sec. 65.16; and (7) developing a separate certificate
or rating for balloon repairmen. The majority of the respondents
supported changes in the English-language requirements for both
mechanics and repairmen, the continued acceptance of military aircraft
maintenance experience as the basis for airframe and powerplant
mechanic certification, and changing the units of time used in
Sec. 65.77 to designate experience requirements for mechanics from
months to hours.
General Discussion of the Proposal
The proposals developed during phase I of the Part 65 regulatory
review and set forth in this NPRM cover a broad range of issues
affecting the certification of aviation maintenance personnel. The
proposals included in this NPRM would: (1) establish a separate part
for aviation maintenance personnel; (2) remove gender-specific terms
from the current regulation; (3) change the term ``mechanic'' to
``aviation maintenance technician''; (4) change the term ``repairman''
to ``aviation repair specialist''; (5) establish the equivalency of the
aviation maintenance technician and aviation repair specialist
certificates with current certificates; (6) allow facsimiles to be used
in the process of replacing lost or destroyed aviation maintenance
technician and aviation repair specialist certificates; (7) require
applicants to demonstrate English-language proficiency by reading and
explaining appropriate maintenance publications and by writing defect
and repair statements; (8) discontinue the certification of aviation
maintenance personnel who are employed outside the United States and
are not proficient in the English language; (9) require all aviation
maintenance technician applicants to pass a written test that would
examine their knowledge of all applicable maintenance regulations; (10)
clarify the requirement that each applicant for an aviation maintenance
technician certificate pass all sections of the written test before
applying for oral and practical tests; (11) recognize new computer-
based testing methods; (12) specify all experience requirements in
hours instead of months; (13) establish a basic competency requirement
for aviation maintenance technicians; (14) allow aviation maintenance
technicians to use equipment-specific training as an additional means
to qualify for the exercise of certificate privileges; (15) permit
aviation maintenance instructors to use instructional time to satisfy
currency requirements; (16) establish training requirements for
aviation maintenance technicians who desire to use their certificates
for compensation or hire; (17) extend the duration of an inspection
authorization from 1 to 2 years; and (18) expand the renewal options
available to the holder of an inspection authorization.
This preamble addresses the proposed changes through a discussion
of the principal issues and in a section-by-section general analysis of
the proposed rule.
Principal Issues
Establishment of a Separate Subpart for Aviation Maintenance Personnel
The FAA proposes to establish a new Part 66 under the title,
Certification: Aviation Maintenance Technicians and Aviation Repair
Specialists. This new part would be created by removing Subparts D
(Mechanics) and E (Repairmen) from the current Part 65 and using these
existing subparts as the nucleus for the newly created Subparts B
(Aviation Maintenance Technicians) and C (Aviation Repair Specialists)
under Part 66. The sections of the current Part 65 Subpart A (General)
that apply only to aviation maintenance personnel would be included in
Subpart A of the proposed Part 66.
In addition to regulating the certification requirements for
aviation maintenance personnel, Part 65 also currently regulates the
certification of airmen such as aircraft dispatchers, air traffic
controllers, and parachute riggers, whose certification requirements
and duties differ markedly from those of aviation maintenance
personnel. Currently, there are more than 145,000 certificated
mechanics and repairmen. The number of certificated aviation
maintenance personnel is second only to the number of certificated
pilots. Aviation maintenance personnel work in all aspects of the
aviation environment, perform tasks vastly different from those
performed by other airmen, and are affected by training and currency
requirements that are substantially more extensive than those affecting
other airmen currently regulated by Part 65.
The aviation maintenance sector is one of the most complex sectors
of the aviation community and all aviation maintenance personnel must
possess many technical skills. The addition of this part to the FAR is
warranted because of the complexity of the certification and training
requirements affecting aviation maintenance personnel. In addition, the
certification requirements for aviation maintenance personnel are
expanding under this proposed rule, and additional certificates and
ratings are proposed for creation under phase II of the regulatory
review.
Removal of Gender-Specific Terms
In accordance with the FAA's policy of implementing gender-neutral
regulations and maintaining conformity with other recently revised
airman certification regulations that are now gender-neutral, and in
view of the increased role of women in the aviation maintenance
profession, the FAA proposes to eliminate all gender-specific
references in current Part 65 and proposed Part 66. These changes are
reflected in the proposed amendment; however, specific changes are not
listed in the section-by-section general analysis.
Redesignation of the Term ``Mechanic''
Because of changes in aircraft technology, the amount of
specialized training required to perform aviation maintenance has
increased significantly since the introduction of the term
``mechanic.'' The highly complex and technical field of contemporary
aviation maintenance requires substantially more than the manual skills
typically associated with individuals classified as mechanics. The FAA
asserts that the term ``aviation maintenance technician'' more
completely describes the type of skills necessary to maintain today's
complex aircraft and more accurately reflects the level of
professionalism found in the aviation maintenance industry.
Additionally, adoption of the term ``aviation maintenance technician''
would standardize terminology throughout the aviation industry and make
Part 66 consistent with Part 147 of the FAR (which regulates Aviation
Maintenance Technician Schools), aviation maintenance trade
publications, and many ICAO member states. These changes are reflected
in the proposed amendment, however, specific changes have not been
listed in the section-by-section general analysis.
Redesignation of the Term ``Repairman''
In view of the specialized nature of aviation maintenance tasks
performed by currently certificated repairmen, the FAA proposes that
the term ``aviation repair specialist'' replace the current term
``repairman.'' The FAA contends that the term ``aviation repair
specialist'' more accurately reflects the level of expertise required
to maintain today's highly complex aviation systems. In addition, the
use of the term ``aviation repair specialist'' would serve to increase
the level of professionalism among aviation maintenance personnel.
Adoption of the term would also be consistent with the FAA's policy of
implementing gender-neutral regulations. These changes are reflected in
the proposed amendment; however, specific changes have not been listed
in the section-by-section general analysis.
Equivalency of Ratings
Any valid mechanic or repairman certificate would be equivalent to
an aviation maintenance technician or aviation repair specialist
certificate, respectively. After implementation of this regulation, the
holder of a current mechanic or repairman certificate may continue to
exercise the privileges of the corresponding aviation maintenance
technician or aviation repair specialist certificate and may exchange a
current mechanic or repairman certificate for an aviation maintenance
technician or aviation repair specialist certificate respectively.
Phase I of the regulatory review does not create additional
certificates or ratings.
Replacement of Lost or Destroyed Certificates by Facsimile
The proposal would revise current procedures by permitting an
airman who has lost a certificate issued under proposed Part 66 to
request a facsimile of the certificate from the FAA as confirmation of
the certificate's original issuance. The proposal would also allow any
request to the FAA to be made by facsimile and would permit the FAA to
send directly to the airman a facsimile that the airman may carry as
proof of the original certificate's issuance for a period not to exceed
60 days. Adoption of the proposed change would make the rule consistent
with current practices implemented by the Airman Certification Branch
(AVN-460) at the Aviation Standards National Field Office in Oklahoma
City. Current regulations specify the use of telegrams only.
This change reflects advancements in communications technology and
would speed access to FAA services by permitting the use of other
means, such as telephone facsimile or computer modem, to obtain a
replacement certificate. The use of these means would speed the
replacement of lost certificates to the airman, thereby decreasing the
time during which the airman may not exercise the privileges of a
certificate of rating. Similar provisions are under consideration for
adoption in other parts of the FAR.
Demonstration of English-Language Proficiency and Removal of Exception
Criteria for Applicants Employed Outside the United States Who Are Not
Proficient in the English Language
The proposal would require an applicant for an aviation maintenance
technician certificate or aviation repair specialist certificate to
read, write, speak, and understand the English language, as is
currently required for applicants desiring to exercise the privileges
of the certificate within the United States. The proposal would require
the applicant to demonstrate this knowledge by reading and explaining
appropriate maintenance publications and by writing defect and repair
statements. The proposal also would eliminate the issuances of
certificates to individuals who cannot meet this requirement and are
employed solely outside the United States by a certificated U.S. repair
station, or a certificated U.S. air carrier.
This proposal recognizes the highly technical nature of aviation
maintenance in today's aviation industry. Proficiency with the general
terminology of the English language is not sufficient to ensure the
competency of an aviation maintenance technician or repair specialist.
The individual must be able to understand and master the complex and
often very specialized language of airworthiness instructions and other
terminology associated with the maintenance of highly sophisticated
aviation equipment. In operations conducted at certificated U.S. air
carriers, certificated U.S. commercial operators, and U.S.-certificated
repair stations, the vast majority of technical information is conveyed
in the English language. The FAA has determined that the proposed rule
would guarantee a level of competency that would ensure that an
applicant for either certificate is able to use all relevant
maintenance publications effectively.
The FAA also proposed that the current exception, which permits the
certification of mechanics (aviation maintenance technicians) who are
employed outside the United States and are not proficient in the
English language, be deleted. The current airframe, powerplant, and
general written tests for mechanics are all written in the English
language. Applicants taking these tests must be proficient in the
English language to complete these examinations successfully;
therefore, the exception is not necessary.
Although repairmen (aviation repair specialists) are not required
to take written tests, these individuals also work in environments that
require more than mere proficiency in the English language. Because the
FAA does not certify repairmen working under U.S.-certificated foreign
repair stations and because of the need for all certificated repairmen
to understand technical material written in English, the FAA also
proposed that all repairmen (aviation repair specialists) demonstrate
proficiency in the English language and that the exception allowing
individuals who are not proficient in the English language to be
certificated to work only outside the United States be deleted.
Current holders of a mechanic or repairman certificate, who do not
meet the English language requirement and are employed outside of the
United States by a certificated U.S. air carrier or a certificated U.S.
repair station, would continue to exercise the privileges of their
certificate without a further showing of competency. Their certificates
would remain endorsed ``Valid only outside of the United States.''
Establishment of a Requirement for Aviation Maintenance Technicians To
Pass a Written Test on all Applicable Provisions of Chapter 14
Current regulations require an applicant for a mechanic (aviation
maintenance technician) certificate to pass a written test that
includes the applicable provisions of Parts 43 and 91 of this chapter.
Because contemporary maintenance operations require the applicant to
understand certification and maintenance regulations other than those
found solely in Parts 43 and 91, the FAA proposes amending the
knowledge requirements for the certificate to require an applicant to
pass a written test on the applicable provisions of the entire chapter.
Clarification of Requirement To Pass all Sections of the Written Test
Before Applying for the Oral and Practical Tests
There has been some confusion among applicants for the mechanic
(aviation maintenance technician) certificate who are not enrolled at
Part-147-approved aviation maintenance technician schools regarding the
language of Sec. 65.75(b). This section requires an individual to pass
each section of the written test before applying for the oral and
practical tests prescribed by Sec. 65.79. The FAA believes that it is
essential that the applicant display knowledge of the equipment and
procedures to be used by the applicant before the oral and practical
tests are given. The applicant must possess adequate knowledge before
being permitted to take the oral and practical tests, because it is
this knowledge that enables an applicant to solve practical problems
and demonstrate the ability to perform the work of a certificated
aviation maintenance technician. In addition, when taking an oral or
practical test, an applicant for a certificate must handle complex
equipment; a lack of knowledge about the use of that equipment could
injure the applicant or others. Therefore, the FAA has clarified the
current requirement by proposing amendatory language that would require
all applicants, except students at an approved Part 147 aviation
maintenance school, to pass all sections of the written test before
applying for the oral and practical tests.
Recognition of New Written Testing Methods
In the area of written testing, the FAA recognizes recent
developments in training and testing technology. Because the results of
some written tests, such as those from recently approved computer-based
testing, can be made immediately available to the applicant, the FAA
proposes that a report of the written test be made available, as
opposed to sent, to an applicant who has taken the examination using
computer-based testing.
Specification of Experience Requirements in Hours
The FAA proposes that experience requirements for aviation
maintenance personnel, currently expressed in months, be expressed in
an equivalent number of hours. A change to the hourly experience
requirements would give the FAA and the aviation industry a simpler
method of measuring and verifying work experience. The proposed
revision also would enable aviation maintenance personnel working in
part-time positions to better quantify their work experience. FAA Order
8300.10, Airworthiness Inspector's Handbook, currently permits the
practice of measuring part-time experience requirements in hours. The
proposed rule would expand this current practice by measuring both
part-time and full-time experience in hours. Equivalent levels of full
time experience are: 6 months/1000 hours; 18 months/3000 hours; 30
months/5000 hours.
Establishment of Basic Competency Requirements
Currently Sec. 65.79, Skill requirements, requires an applicant for
a mechanic certificate to pass an oral and practical test covering the
applicant's skills in performing practical projects covered by the
written test. Because of the complexity of current aviation maintenance
operations, the FAA proposes to establish a broad-based competency
requirement in Sec. 66.79 that encompasses more than the skill
requirements included in the current regulation.
Current interpretations of the existing regulation tend to
emphasize the evaluation of basic skills that often concentrate solely
on tasks involving manual dexterity. Although mastery of these basic
skills is invaluable, the FAA asserts that a more comprehensive level
of competency, based on current aviation maintenance practices, is
required of aviation maintenance technicians. The proposed rule would
expand the evaluation of aviation maintenance technician applicants to
include a demonstration of competency in technical tasks and aircraft
maintenance more appropriate to the current aviation environment and
the certificate and rating sought.
Use of Equipment-Specific Training to Qualify for Certificate
Privileges
Through the use of equipment-specific training, the proposal would
provide the holder of an aviation maintenance technician certificate
with an additional means to remain qualified to approve and return to
service any aircraft, appliance, or part for which that person is rated
and to supervise the maintenance, preventive maintenance, alteration,
and return to service of these aircraft, appliances, and parts.
Under the current regulation, a certificate holder may supervise
maintenance operations or approve and return to service an aircraft,
appliance, or part if the certificate holder has: (1) previously
performed the work; (2) performed the work to the satisfaction of the
Administrator; or (3) performed the work under the direct supervision
of a certificated mechanic or repairman who has had previous experience
with that specific task.
The proposal would allow the aviation maintenance technician to use
equipment-specific training to obtain the competency necessary to
supervise these operations or approve an item for return to service
without previously having performed the work that is anticipated.
Through the adoption of equipment-specific training to satisfy this
experience requirement, the FAA recognized enhancements in aviation
maintenance training that can provide the aviation maintenance
technician with technical knowledge equal to knowledge gained in the
work environment. However, in allowing training to replace actual work
experience, the FAA would require a high level of specificity between
the training and the actual work to be preformed or supervised.
Therefore, the proposal would require that the training used to satisfy
this requirement be unique to the specific equipment on which the work
is to be performed. A course of instruction detailing the maintenance
practices for the same make and model aircraft on which an aviation
maintenance technician will perform work, or a course of instruction
detailing the overhaul procedures for a specific part or appliance, for
example, would satisfy the provisions of the proposed rule. Such
courses may be provided by any manufacturer, individual, or
organization whose training has been found acceptable to the
Administrator.
Training of a more general nature, which may be used to satisfy
currency requirements as proposed in Sec. 66.83, may not be
sufficiently specific to allow an aviation maintenance technician to
perform work on a specific aircraft, part, or appliance. For example, a
course in the FAR applicable to maintenance procedures would not
satisfy the provisions of proposed Sec. 66.81 but could be used to
satisfy the provisions of proposed Sec. 66.83.
The FAA also proposes to clarify the intent of the current
regulation by proposing amendatory language that would allow a
certificate holder, who desires to exercise supervisory, return to
service, or approval responsibilities, to demonstrate the ability to
perform the work to the satisfaction of the Administrator. The current
regulation requires actual performance of the work.
Use of Instructional Time by Aviation Maintenance Instructors to
Satisfy Currency Requirements
Under current Sec. 65.83, there are no provisions for allowing
individuals involved in aviation maintenance instruction to use that
experience for maintaining the currency required to exercise the
privileges of their certificate and ratings. The FAA recognizes that
the experience gained while providing aviation maintenance instruction
or directly supervising other aviation maintenance instructors is
commensurate with the experience obtained while directly performing
aviation maintenance. The FAA already recognizes this experience in
current Sec. 65.91(c)(2). Within that section the phrase ``actively
engaged'' includes instructors who are exercising the privileges of
their certificate and ratings at an aviation maintenance school
certificated under Part 147 of this chapter. Therefore, the FAA
proposes to allow the use of instructional time also to satisfy
currency requirements.
Under the proposed rule, a certificate holder would qualify to
maintain currency by serving as an aviation maintenance instructor or
by directly supervising other aviation maintenance instructors under
his or her certificate or rating. The instruction concerned would have
to be directly related to aviation maintenance and acceptable to the
Administrator, so that the time an individual spends providing
instruction or directly supervising other instructors is equivalent to
the experience gained while performing aviation maintenance tasks. For
example, instructional time provided at Part 147 aviation maintenance
technician schools or under an approved air carrier maintenance
training program would be acceptable and would meet the intent of the
proposed rule.
The purpose of currency requirements is to ensure that all aviation
maintenance technicians are familiar with current maintenance practices
and the applicable FAR. The aviation maintenance instructor must keep
abreast of current maintenance practices in a wide variety of
disciplines to provide the high quality instruction required. Aviation
maintenance instructors perform a critical function in the aviation
maintenance education process, and the FAA believes that the adoption
of the proposed rule would recognize this importance.
Establishment of Training Requirements for Certificated Aviation
Maintenance Technicians Exercising the Privileges of their Certificates
for Compensation or Hire
Under current Part 65, there are no specific provisions that
require the training of certificated mechanics. Current regulations
ensure that certificated aviation maintenance technicians supporting
operations under Parts 121, 127, 135, and 145.2(a) are informed fully
about procedures, techniques, and new equipment in use through
participation in maintenance and preventive maintenance training
programs. In an effort to ensure that all aviation maintenance
technicians are informed of current maintenance practices in the
rapidly changing aviation maintenance environment, the FAA proposes the
adoption of refresher training, requalification training, and other
training appropriate to the duties of the aviation maintenance
technician, for aviation maintenance technicians who use their
certificates for compensation or hire and do not participate in the
maintenance and preventive maintenance training programs referenced
above. This proposal would ensure that all aviation maintenance
technicians who exercise the privileges of their certificates for
compensation or hire and have the sole responsibility for ensuring the
airworthiness of the equipment on which they perform maintenance meet
training requirements similar to those currently in place for aviation
maintenance technicians supporting operations under Parts 121, 127,
135, and 145.2(a). In addition, this proposal would also ensure that
aviation maintenance technicians who support U.S. certificated repair
stations that do not have maintenance and preventive maintenance
training programs receive comparable training.
Under the proposed rule, an aviation maintenance technician who
meets the prescribed work experience requirements and wishes to
exercise the privileges of the certificate or rating for compensation
or hire would be required to complete refresher training or other
training appropriate to the duties of an aviation maintenance
technician.
An aviation maintenance technician refresher course, inspection
authorization refresher course, or a series of such courses that are
acceptable to the Administrator and consist of a total of not less than
16 hours of instruction within a 24-month period could be used to
satisfy the refresher training requirement. The completion of an
inspection authorization refresher course by an aviation maintenance
technician who does not hold a current inspection authorization would
also constitute completion of the mandatory aviation maintenance
technician training requirement. Adoption of such a provision would
increase the range of training options available to the aviation
maintenance technician and would enhance the individual's understanding
of the inspection authorization process.
As an alternative to refresher training, an aviation maintenance
technician wishing to exercise the privileges of the certificate and
ratings for compensation or hire may complete other training
appropriate to the duties of an aviation maintenance technician. This
training may be broad based and would consist of a course or courses of
instruction, acceptable to the Administrator, of not less than 16 hours
within a 24-month period. Completion of courses dealing with general
maintenance practices or regulations applicable to maintenance
operations, for example, would satisfy the intent of this proposed
rule.
The FAA recognizes that many certificated aviation maintenance
technicians, who support Part 91 operations or other maintenance
facilities without maintenance or preventive maintenance training
programs in place, receive periodic maintenance training. For example,
these aviation maintenance technicians may receive training through
aviation training centers or manufacturer's courses. The proposed rule
would permit this type of maintenance instruction to be credited toward
the hours needed to complete the proposed training requirements,
provided the instruction is acceptable to the Administrator.
The training required under this provision, as set forth in
proposed Sec. 66.83, encompasses more types of training than the
training that may be used to satisfy the provision of the proposed
Sec. 66.81. Therefore, compliance with proposed Sec. 66.83 does not
automatically authorize the aviation maintenance technician to perform
a specific task. Additionally, equipment-specific training is
encompassed within the concept of ``training appropriate to the duties
of an aviation maintenance technician.'' Equipment-specific training
used by the aviation maintenance technician to satisfy the requirements
of proposed Sec. 66.81 also may be used to satisfy the proposed
currency requirements. For example, an aviation maintenance technician
who received maintenance training on a Gulfstream IV aircraft that
enabled the aviation maintenance technician to perform work on that
specific aircraft may credit the hours of instruction received toward
the training required in proposed Sec. 66.83.
An individual who exercises the privileges of the certificate, but
not for compensation or hire, would not need to complete these training
requirements. Many of the individuals who do not exercise their
privileges for compensation or hire perform only limited work on
aircraft that they own or on a limited range of aeronautical equipment.
In such cases, knowledge of a broad range of current maintenance
technologies is not necessarily required. Although the FAA encourages
these personnel to attend refresher training, the FAA has determined
that a mandatory training requirement for these individuals is not
warranted.
The proposal also sets forth a provision that would permit an
aviation maintenance technician who has not exercised the privileges of
the certificate within the preceding 24 months to exercise the
privileges of the certificate including for compensation or hire by
completing requalification training acceptable to the Administrator. A
specific minimum time for requalification training has not been
specified in the proposed regulation in order to provide instructors
and examiners with greater flexibility in assisting non-current
aviation maintenance technicians to achieve the required proficiency.
An additional change to the current rule would enhance the ability
of non-current aviation maintenance technicians to regain the currency
required to exercise the privileges of their certificate and ratings.
The proposed rule would allow these individuals to credit the time they
work under the supervision of a certificated aviation maintenance
technician toward currency requirements.
The holder also may continue to exercise the privileges of the
certificate and associated ratings if the Administrator finds that the
aviation maintenance technician is competent to exercise those
privileges. Passing an oral and practical test with a designed aviation
maintenance technician examiner (currently, a designated mechanic
examiner (DME)) would satisfy this requirement.
Sections 121.375, 127.137, and 135.433 require that an operator
have a training program to ensure that persons performing maintenance
or preventive maintenance functions are informed fully about procedures
and techniques and new equipment in use. Additionally, Sec. 145.2(a)
requires that repair stations performing maintenance for a Part 121 or
127 operator comply with either Part 121, Subpart L (which includes the
requirements of Sec. 121.375) or Part 127, Subpart I (which includes
the requirements of Sec. 127.137). Compliance with any of these
sections meets the intent of the proposed rule. Individuals exercising
the privileges of their certificates under the provisions of these
sections, therefore, need not comply with the training requirements set
forth in the proposed rule.
In addition, an aviation maintenance instructor teaching under an
aviation maintenance training program acceptable to the Administrator
need not comply with these proposed training requirements. As a result
of their position as aviation maintenance instructors, these
individuals continually are exposed to current maintenance practices
and often disseminate information about new practices, techniques, and
equipment to the aviation maintenance community. The intent of the
proposed rule would be satisfied because their position requires these
individuals to be fully informed about current maintenance practices.
In recognition of enhancements in training technology, the proposed
rule also requires successful completion of these courses rather than
attendance and successful completion. Therefore, the Administrator may
find home study or video courses acceptable for fulfilling the
requirements specified in the proposed Sec. 66.83. However, any
training should include a substantial review of regulations pertinent
to the exercise of the privileges and limitations of the aviation
maintenance technician certificate.
This proposal for continued aviation maintenance training addresses
concerns such as those expressed in recent proposals to require formal
training for all aircraft mechanic applicants. In conjunction with the
issuance of a proposed final rule, the FAA will develop policy on the
content and conduct of any aviation maintenance technician refresher
course, other training appropriate to the duties of the aviation
maintenance technician (including equipment-specific training), and
requalification training.
Extension of Inspection Authorization Duration
Under the proposed rule, the duration of an inspection
authorization would be extended from the current 12 months to 24
months. Extending the duration of the inspection authorization would
make the authorization consistent with FAA practices regarding the
issuance of other renewable certificates, such as the flight instructor
certificate, which is renewed every 24 months. A 24-month renewal cycle
would relieve the public of a significant regulatory burden and FAA
Flight Standards District Offices of a considerable administrative
burden without compromising safety. Modifying the existing training and
currency requirements to coincide with the adoption of a 24-month
renewal cycle would give holders greater flexibility in meeting
regulatory requirements.
Expansion of Inspection Authorization Renewal Options
The proposal would permit the holder of an inspection authorization
to use a combination of annual inspections, inspections of major
repairs or major alterations, and progressive inspections to satisfy
the renewal requirements for the inspection authorization. Such a
provision would give the holder of an inspection authorization much
greater flexibility in meeting renewal requirements. To better
facilitate the combination of these inspections for the purpose of
certificate renewal with other inspection periods currently designated
in months, the proposal would change the currently specified 90-day
periods for inspections to 3-month periods.
The proposed rule would also permit the holder of an inspection
authorization to use participation in current inspection programs
recommended by the manufacturer or other inspection programs
established by the registered owner or operator under Sec. 91.409(f)(3)
or (4) to satisfy renewal requirements. Although an inspection
authorization is not required by an aviation maintenance technician in
order to participate in these inspection programs, the FAA asserts that
the experience gained through participation in such inspection programs
is commensurate with the experience currently accepted to obtain the
inspection authorization renewal. This proposal would benefit holders
of an inspection authorization who are employed by operators that
maintain aircraft under a current inspection program yet also maintain
an insufficient number of aircraft under other annual inspection
programs to provide the holder of the inspection authorization with
sufficient renewal options under the current rule. The proposed rule
would neither change the privileges of the inspection authorization nor
compromise safety because the types of aircraft normally maintained
under a current inspection program are often more complex than those
maintained under an annual inspection program.
Under the current regulation, the holder of an inspection
authorization may renew the inspection authorization by attending and
successfully completing a refresher course, acceptable to the
Administrator, of not less than 8 hours during the 12-month period
preceding the application for renewal. Because the proposal would
modify the duration of the inspection authorization to 24 months, it
would require that an inspection authorization refresher course or
series of courses consisting of a total of not less than 16 hours be
taken in the 24 months preceding the application for renewal. The
proposed rule would not change the total amount of instruction an
applicant is required to complete in the 24-month period preceding the
application for renewal.
Section-by-Section Analysis
Part 65
Under the proposal, the title of Part 65 would be amended to
reflect the removal of Subparts D (Mechanics) and E (Repairmen) from
this part. The proposal would amend the title of Part 65 by revising
the title of the part and would specifically list airmen whose
certification would continue to be regulated by this part. The title
would be changed from ``Certification: Airmen Other than Flight
Crewmembers'' to ``Certification: Air-Traffic Control Tower Operators,
Aircraft Dispatchers, and Parachute Riggers.''
Section 65.1
Section 65.1 currently states that Part 65 is applicable to air
traffic control tower operators, aircraft dispatchers, mechanics,
repairmen, and parachute riggers. Under the proposal, certification of
mechanics and repairmen (aviation maintenance technicians and aviation
repair specialists under the proposed rule would be regulated by Part
66. The proposal would revise Sec. 65.1 by limiting the applicability
of this part to air traffic control tower operators, aircraft
dispatchers, and parachute riggers.
Section 65.3
Section 65.3 prescribes the certification requirements for foreign
mechanics. Because the proposal would place the certification for all
mechanics under Part 66, this section would be removed from Part 65 and
reserved. An equivalent section, Sec. 66.3, is proposed for inclusion
in Part 66.
Section 65.11
Currently, Sec. 65.11(d)(2) prohibits a person whose repairman or
mechanic certificate is revoked from applying for either of those kinds
of certificates for 1 year after the date of revocation, unless the
order of revocation provides otherwise. Because the proposal would
place the certification of all mechanics and repairmen under Part 66,
this paragraph would be removed from Part 65; an equivalent paragraph,
Sec. 66.11(d), has been proposed for inclusion in Part 66.
Part 65 Subpart D and Subpart E
The proposal would completely remove Subpart D (Mechanics) and
Subpart E (Repairmen) from Part 65 and would establish Subpart B
(Aviation Maintenance Technicians) and Subpart C (Aviation Repair
Specialists) under Part 66. The new subparts would be based upon the
subparts originally found in Part 65.
Part 66
Under the proposal, a new Part 66 prescribing the certification
requirements solely for aviation maintenance personnel would be
created. Part 66 would include Subpart A (General), Subpart B (Aviation
Maintenance Technicians), and Subpart C (Aviation Repair Specialists).
Subpart A (General) would be based on Part 65, Subpart A and modified
to address regulatory concerns applicable to aviation maintenance
technicians and aviation repair specialists. The proposal would
establish the new part under the title ``Certification: Aviation
Maintenance Technicians and Aviation Repair Specialists.''
Section 66.1
The proposed Sec. 66.1 sets forth the applicability of Part 66.
This proposed section is based upon Sec. 65.1 of the current FAR. This
section would limit the applicability of this new part to aviation
maintenance technicians and aviation repair specialists.
Section 66.3
The proposed Sec. 66.3 prescribes the certification requirements
for foreign aviation maintenance technicians. This proposed section is
based on Sec. 65.3 of the current FAR. There are no substantive
differences between the proposed section and the current Sec. 65.3.
Section 66.11
The proposed Sec. 66.11 prescribes the application and issuance
procedures for a certificate and ratings under this part. This proposed
section is based on Sec. 65.11 of the current FAR. There are no
substantive differences between paragraphs (a) through (c) of the
proposed section and the current Sec. 65.11. Paragraph (d) of the
proposed rule would not change the substantive provisions of Sec. 65.11
as it applies to aviation maintenance personnel; however, it differs
from the current Sec. 65.11 in that it removes provisions that are only
applicable to air traffic control operators, aircraft dispatchers, and
parachute riggers.
Sections 66.12, 66.13
The proposed Secs. 66.12 and 66.13 are based on current Secs. 65.12
and 65.13. These sections refer to offenses involving alcohol or drugs
and temporary certificates. There are no substantive differences
between these proposed sections for Part 66 and current corresponding
sections in Part 65.
Section 66.15
The proposed Sec. 66.15 is based upon the current Sec. 65.15 and
establishes the duration of certificates issued under this part. The
proposed rule corrects an earlier omission by including the aviation
repair specialist certificate (experimental aircraft builder) among
those certificates that are effective until surrendered, suspended, or
revoked.
Section 66.16
The proposal would revise current procedures by permitting an
airman who has lost a certificate issued under Part 66 to request a
facsimile of the certificate from the FAA as confirmation of the
certificate's original issuance. The proposal also would allow any
request to the FAA to be made by facsimile and would permit the FAA to
send directly to the airman a facsimile that may be carried by the
airman, for a period not to exceed 60 days, as proof of the original
certificate's issuance.
Sections 66.17, 66.18, 66.19, 66.20, 66.21, 66.23
The proposed Secs. 66.17, 66.18, 66.19, 66.20, 66.21, and 66.23 are
based on current Secs. 65.17, 65.18, 65.19, 65.20, 65.21, and 65.23.
These sections refer to written test general procedures, cheating or
other unauthorized conduct on written tests, retesting after failure,
falsification of documents, changes of address, and the refusal to
submit to a drug test. There are no substantive differences between
these proposed sections for Part 66 and current corresponding sections
in Part 65.
Part 66 Subpart B
The structure of Part 66, Subpart B, is based upon the current
structure of Part 65, Subpart D. Under the proposed rule, the title of
Part 66, Subpart B, would become ``Aviation Maintenance Technicians.''
Section 66.71
The proposed Sec. 66.71 is based upon the current Sec. 65.71 and
differs from that section solely in the language of subparagraph
(a)(2). The proposal differs from current Sec. 65.71, because in
addition to requiring an applicant for an aviation maintenance
technician certificate to read, write, speak, and understand the
English language, as is currently required, it would require the
applicant to demonstrate this knowledge by reading and explaining
appropriate maintenance publications and by writing defect and repair
statements. The proposal also differs from the current section in that
it would eliminate the issuance of certificates to individuals who
cannot meet this requirement and who are employed solely outside the
United States by a U.S. air carrier.
Section 66.73
The proposed Sec. 66.73 would establish the ratings issued under
this subpart. This proposed section is based on current Sec. 65.73. The
proposal would revise current paragraph (b), to establish the
equivalency of the current mechanic certificate and the proposed
aviation maintenance technician certificate. The proposal also provides
for the exchange of corresponding certificates and ratings.
Section 66.75
The proposed Sec. 66.75 would establish the knowledge requirements
for certificates and ratings issued under this part.
This proposed section is based on current Sec. 65.75. The proposed
revisions to the current knowledge requirements encompass the current
requirement that the applicant be tested in the applicable provisions
of Parts 43 and 91 of this chapter and also expand the knowledge
required of an applicant by requiring the applicant to pass a written
test that includes material on all applicable provisions of this
chapter.
To clarify the existing language of Sec. 65.75, the proposed
revisions would require the applicant to pass all sections of the
written test (as opposed to each section) before applying for the oral
and practical tests for the certificate or rating sought.
Because of the increased use of computer-based testing, the
proposal would require a report of the written test to be made
available to the applicant upon completion of the test. The current
section requires the FAA to send the applicant a report.
Section 66.77
The proposed Sec. 66.77 would establish the experience requirements
for certificates and ratings issued under this part. This proposed
section is based on current Sec. 65.77. The proposed revisions to the
current experience requirements would result in experience requirements
being specified in hours instead of months. All proposed experience
requirements are approximate equivalents of the current full-time
experience requirements.
Section 66.79
The proposed Sec. 66.79 would establish the competency requirements
for applicants attempting to obtain a certificate or rating under this
part. This proposed section is based on current Sec. 65.79. The
proposed revisions to the current section establish a basic competency
requirement for an aviation maintenance technician by requiring the
applicant to demonstrate competency in performing tasks appropriate to
the rating sought. The proposal would also clarify the existing
regulation to ensure that an applicant passes both an oral and a
practical test appropriate to the rating sought.
Section 66.80
The proposed Sec. 66.80 prescribes specific requirements for the
testing of certified aviation maintenance technician school students.
This proposed section is based on current Sec. 65.80 with no
substantive differences.
Section 66.81
The proposed Sec. 66.81, based on current Sec. 65.81, would define
the privileges and limitations of a certificate holder under this part.
The proposed revision to the current privileges and limitations of
certificate holders would clarify and expand the manner in which an
aviation maintenance technician may become qualified to supervise the
maintenance, preventive maintenance, or alteration of any aircraft, or
approve and return to service any aircraft or appliance, or part
thereof, for which that person is rated. The proposal would provide the
holder of an aviation maintenance technician certificate with
additional means to qualify for the exercise of these privileges. In
addition to the means specified in the current Sec. 65.81, the holder
may exercise the privileges mentioned above if the aviation maintenance
technician has received the equipment-specific training or has
performed the work under the direct supervision of a certificated and
appropriately rated aviation maintenance technician or certificated
aviation repair specialist who has also received equipment-specific
training.
Additionally, the proposal would clarify Sec. 65.81 by permitting
the holder of an aviation maintenance technician certificate to
exercise the privileges of the certificate and ratings by demonstrating
the ability to perform the work to the satisfaction of the
Administrator. The current regulation requires actual performance of
the work.
The proposed regulation would require that the work recognized
under proposed Sec. 66.81 be performed after the individual has been
certificated as an aviation maintenance technician. Work performed
while an individual is in training for certification as an aviation
maintenance technician may not necessarily be of the same quality
required for the return to service of an article, and therefore would
not be credited toward satisfying the requirements specified in
Sec. 66.81.
The proposal also would require that a certificated aviation
maintenance technician understand all current maintenance instructions
(as opposed to maintenance manuals) for the specific operation
concerned in order to exercise the privileges of the certificate and
rating.
Section 66.83
The proposed Sec. 66.83 would prescribe the specific currency
requirements for aviation maintenance technicians. This proposed
section is based on current Sec. 65.83, Recent experience requirements.
The proposal would provide the holder of an aviation maintenance
technician certificate with additional means to maintain the currency
required to exercise the privileges of the certificate and ratings. In
addition to the means currently specified in Sec. 65.83(a), the
proposal would allow the aviation maintenance technician to maintain
the currency required to exercise the privileges of the certificate, if
the person served as an aviation maintenance instructor under an
aviation maintenance training program acceptable to the Administrator,
directly supervised other aviation maintenance instructors, who are
serving under an aviation maintenance training program acceptable to
the Administrator, or served under the supervision of a certificated
aviation maintenance technician. The proposal also would allow the use
of any combination of the proposed and current methods to maintain
currency.
The proposal would create a new subparagraph that would require the
successful completion of refresher training or training appropriate to
the duties of an aviation maintenance technician if the individual
desires to exercise the privileges of the certificate or ratings for
compensation or hire. The refresher training may consist of an aviation
maintenance technician refresher course, an inspection authorization
course, or a series of courses, acceptable to the Administrator, of not
less than 16 hours of instruction. Training appropriate to the work to
be performed must also be acceptable to the Administrator and consist
of not less than 16 hours of instruction.
The proposal would not require all aviation maintenance technicians
to complete the new training requirements. An aviation maintenance
technician, who within the preceding 24 months exercised the privileges
of the certificate and ratings for a certificate holder authorized to
operate under the provisions of Parts 121, 127, 135, or for a U.S.-
certificated repair station that performed work in accordance with
Sec. 145.2(a) or conducted a maintenance and preventive maintenance
training program, would not be subject to the proposed training
requirements. Additionally, aviation maintenance instructors teaching
under an aviation maintenance training program that is acceptable to
the Administrator need not complete the proposed training requirements.
The proposal sets forth an additional provision that would permit
the aviation maintenance technician to exercise the privileges of the
certificate for compensation or hire if the certificate holder
successfully completes a requalification course acceptable to the
Administrator.
The proposed revision to the current regulation would change the 6-
month currency requirement to be specified in hours instead of months.
The 1,000 hours of experience specified in the proposal approximately
equal the current 6-month full-time experience requirement.
Sections 66.85, 66.87, 66.89, 66.91
The proposed Secs. 66.85, 66.87, 66.89, and 66.91 are based on
current Secs. 65.85, 65.87, 65.89, and 65.91, respectively. These
sections refer to the additional privileges of the airframe rating, the
powerplant rating, the display of certificates, and the inspection
authorization, respectively. There are no substantive difference
between these proposed sections for Part 66 and current corresponding
sections in Part 65.
Section 66.92
The proposed Sec. 66.92 prescribes the duration of an inspection
authorization. This proposed section is based on Sec. 65.92 of the
current FAR. There is one substantive difference between the proposed
section and the current Sec. 65.92. Under the proposal, the expiration
date of the inspection authorization would be extended to March 31 of
the second year after its issuance. Under the current regulation, the
inspection authorization expires on March 31 of each year.
Section 66.93
The proposed Sec. 66.93 prescribed the renewal procedures for an
inspection authorization and is based on current Sec. 65.93. The
proposed section would extend the inspection authorization renewal
requirement to every 2 years so that it would corresponds to the
extension of the inspection authorization as proposed in Sec. 66.92
above.
The proposal would permit the holder of an inspection authorization
to use a combination of annual inspections, inspections of major
repairs on major alterations, and progressive inspections to satisfy
the renewal requirements for the inspection authorization.
Participation in current inspection programs recommended by the
manufacturer of other inspection programs established by the registered
owner or operator under Sec. 91.409(f)(3) or (4) now also may be used
to satisfy renewal requirements. To better facilitate the combination
of these inspections, the proposal would change the currently specified
90-day period to a 3-month period.
Under the current regulation, the holder of an inspection
authorization may renew the authorization by attending and successfully
completing a refresher course of not less than 8 hours, acceptable to
the Administrator, during the 12-month period preceding the application
for renewal. Because the proposal would change the duration of the
inspection authorization to 24 months, the proposal would require that
an inspection authorization refresher course or series of course
consisting of a total of not less than 16 hours be taken in the 24
months preceding the application for renewal. The proposed rule does
not change the total amount of instruction the applicant must complete
in the 24-month preceding the application for renewal. The proposed
rule also differs from the current regulation in that it only requires
successful completion (as opposed to attendance and successful
completion) of an inspection authorization refresher course. The
proposal recognizes recent developments in instructional techniques and
permits instruction methods, acceptable to the Administrator, that may
differ from the standard classroom or lecture format.
Section 66.95
The proposed Sec. 66.95 prescribes the privileges and limitations
of an inspection authorization and is based on current Sec. 65.95 with
no substantive differences.
Part 66 Subpart C
The structure of part 66, Subpart C, is based upon the current
structure of Part 65, Subpart D. Under the proposed rule, the title of
Part 66, Subpart C, would become ``Aviation Repair Specialists''
Section 66.101
The proposed Sec. 66.101 would prescribe the general eligibility
requirements for the aviation repair specialist certificate. This
proposed section is based on current Sec. 65.101. The proposal would
specify the current 18-month experience requirement in hours instead of
months. The 3,000 hours of experience specified in the proposal
approximately equal the current full-time 18-month experience
requirement.
The proposal differs from the current Sec. 65.101 in the language
of paragraph (a)(6). The proposal would not only require an applicant
for an aviation repair specialist certificate to read, write, speak,
and understand the English language, as is currently required, but also
would require the applicant to demonstrate this knowledge by reading
and explaining appropriate maintenance publications and by writing
defect and repair statements. The proposal also differs from the
current section in that it would eliminate the issuance of certificates
to individuals who cannot meet this requirement and who are employed
solely outside the United States by a certificated U.S. repair station,
a certificated U.S. commercial operator, or a certificated U.S. air
carrier. The language in this portion of the proposed rule corresponds
with the language proposed in Sec. 66.71(a)(2), which similarly amends
the eligibility requirements for the aviation maintenance technician
certificate.
The proposal adds to this section paragraph (c), which establishes
the equivalency of the current repairman certificate and the proposed
aviation repair specialist certificate. The proposal also provides for
the exchange of corresponding certificates and ratings.
Section 66.103, 66.104, 66.105
The proposed Secs. 66.103, 66.104, and 66.105 are based on current
Secs. 65.103, 65.104, and 66.105, respectively. These sections refer to
aviation repair specialist certificate privileges and limitations, the
experimental aircraft builder privileges and limitations, and the
display of certificates, respectively. There are no substantive
differences between these proposed sections for Part 66 and current
corresponding sections in Part 65.
Paperwork Reduction Act
The information collection requirements in the proposed amendment
to Part 65 and the newly established Part 66 have previously been
approved by the Office of Management and Budget (OMB) under provisions
of the Paperwork Reduction Act of 1990 (44 U.S.C. 3501 et seq.) and
have been assigned OMB Control Number 2120-0022.
Regulatory Evaluation Summary
Executive Order 12866 dated September 30, 1993, directs Federal
agencies to promulgate new regulations and maintain current regulations
only if they are required by law, are necessary to interpret the law,
or are made necessary by a ``compelling public need.'' The order also
requires that agencies assess all costs and benefits of available
regulatory alternatives and select the alternative that maximizes the
net benefits and imposes the least burden on society.
Additionally, the order requires agencies to submit a list of all
rules, except those specifically exempted by the Office of Information
and Regulatory Affairs (OIRA) because they respond to emergency
situations or other narrowly defined exigencies, to determine whether
any rule is a ``significant regulatory action.''
``Significant regulatory action'' means an action that is likely to
result in a rule that may: (1) have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. A ``significant regulatory action'' is submitted
for centralized regulatory review by OIRA. OIRA and the FAA have
determined that this rule is not a ``significant regulatory action.''
This section contains the benefits and costs analyzed in the
preliminary regulatory evaluation. In addition, it includes an initial
regulatory flexibility determination required by the 1980 Regulatory
Flexibility Act and an international trade impact assessment. The
complete regulatory evaluation, which contains more detailed economic
information that this summary provides, is available in the docket.
This proposed rule change would revise the regulations that
prescribe the certification and training requirements for mechanics and
repairmen. The proposal would enhance the professionalism of the
aviation maintenance workforce by expanding the means for aviation
maintenance personnel to satisfy training, experience, and currency
requirements. Employers would also benefit from the increased supply of
potential employees who are expected to maintain their currency because
of the wider range of options for achieving this objective that would
be permitted under the proposal. Another benefit for employers is
expected to be an increase in the quality of new hires, thereby
lessening the need for initial training to assure that these employees
have basic skills and knowledge. Recurrent training is also expected to
assist aviation maintenance personnel in staying abreast of the rapid
changes in technology that are expected to occur. The expected
magnitude of these benefits cannot be quantified with any certainty,
however, because of their intangible nature.
Only one of the provisions would impose significant costs on the
industry. This provision would require mechanics who use their
certificates for compensation or hire to receive refresher or
requalification training. At present, certified mechanics working under
Parts 121, 127, and 135 and Sec. 145.2(a) must be fully informed about
procedures, techniques, and new equipment in use through participation
in maintenance and preventive maintenance training programs. These
mechanics are, therefore, already in compliance with the proposed rule.
This proposed requirement for recurrent training would primarily affect
those mechanics who work on general aviation aircraft rather than
aircraft used by the air carriers. The FAA estimates that this proposed
rule would affect from 14,000 to 23,000 mechanics of a total workforce
of about 145,000.
Taking an Aviation Maintenance Technician (AMT) refresher courts,
an inspection authorization refresher course, or a series of such
courses that are acceptable to the Administrator, would satisfy the
requirements of this proposed rule. However, the course or courses
taken within a 2-year time period must consist of a total of not less
than 16 hours of instruction. This training may be broad based or
narrowly focused but must be acceptable to the Administrator. For
example, courses dealing with general maintenance practices of
regulations applicable to maintenance operations as well as equipment-
specific training would be acceptable. Some home study or video courses
may also be acceptable for fulfilling this requirement.
The FAA estimates that the total expected cost of recurrent
training over a 10-year period would range between $37.28 million and
$66.53 million on an undiscounted basis and between $25.94 million and
$46.48 million on a discounted basis. The midpoints of these ranges are
$51.91 million (undiscounted) and $36.21 million (discounted).
The bulk of the expected benefits are expected to accrue from
productivity gains. Productivity is expected to increase because
recurrent training in troubleshooting techniques or general maintenance
practices should reduce the amount of time required to diagnose
problems and lower the incidence of unnecessary repairs, which inflate
repair costs. The lack of information regarding the prevalence of
inefficient or ineffective repairs makes it difficult to project the
potential magnitude of the benefits expected to result from this
factor. The adoption of the conservative assumption that productivity
would increase by only .5 percent per year, however, would result in an
annualized benefit range (undiscounted) of $4.17 million to $6.39
million, the midpoint of which ($5.28 million) would exceed the
expected magnitude of undiscounted annual costs, making the rule change
cost beneficial.
Administrative cost savings are expected to add to the benefits.
The most substantial component of these savings should result from
reducing the current annual requirement for IA renewal to a biennial
one. The FAA estimates that these cost savings for the FAA would amount
to $.71 million on a discounted basis over a 10-year period. A
provision that would allow mechanics to substitute a requalification
course for the requirement to work at least 6 months over the previous
2 years in order to maintain one's currency would benefit employers by
not only increasing the pool of available qualified mechanics, but also
by saving them the administrative costs involved in checking an
applicant's qualifications for the job. These benefits could not be
quantified.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by Congres
to ensure that small entities are not unnecessarily and
disproportionately burdened by government regulations. The RFA requires
agencies to review rules which may have a ``significant economic impact
on a substantial number of small entities.'' Small entities include
businesses, nonprofit organizations, and government jurisdictions.
The proposed regulation will affect individuals only and is,
therefore, not expected to have a significant impact on a substantial
number of small businesses.
International Trade Impact
The proposed rule would have a negligible impact on trade
opportunities for U.S. firms doing business overseas or on foreign
firms doing business in the United States. The proposed rule primarily
affects individuals, not businesses involved in the sale of aviation
products or services.
Federalism Implications
The regulation proposed herein will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
proposed regulation is not a significant regulatory action under
Executive Order 12866. In addition, the FAA certifies that this
proposal, if adopted, would not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. This proposal is not
considered significant under DOT Order 2100.5, Policies and Procedures
for Simplification, Analysis, and Review of Regulations. A draft
regulatory evaluation of the proposal, including an initial Regulatory
Flexibility Determination and International Trade Impact Analysis, has
been placed in the docket. A copy may be obtained by contacting the
person identified under FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 65
Air safety, Air transportation, Aircraft, Airmen, Aviation safety,
Drug abuse, Narcotics, Parachutes, Transportation.
14 CFR Part 66
Air safety, Air transportation, Aircraft, Airmen, Aviation safety,
Drug abuse, Narcotics, Transportation.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend part 65 of the Federal Aviation
Regulations (14 CFR part 65) and to add part 66 (14 CFR part 66) as
follows:
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
1. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. App. 1354(a), 1355, 1421, 1422, and 1427;
49 U.S.C. 106(g) (Revised 56 FR 27163, 56 FR 65653).
2. The title of part 65 is revised to read as follows:
PART 65--CERTIFICATION: AIR TRAFFIC CONTROL TOWER OPERATORS,
AIRCRAFT DISPATCHERS, AND PARACHUTE RIGGERS
3. Section 65.1 is amended by removing paragraphs (c) and (d) and
redesignating paragraph (e) as paragraph (c).
Sec. 65.3 [Removed and Reserved]
4. Section 65.3 is removed and reserved.
5. Section 65.11 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 65.11 Application and issue.
* * * * *
(c) Unless authorized by the Administrator, a person whose air
traffic control tower operator or parachute rigger certificate is
suspended may not apply for any rating to be added to that certificate
during the period of suspension.
(d) Unless the order of revocation provides otherwise, a person
whose air traffic control tower operator, aircraft dispatcher, or
parachute rigger certificate is revoked may not apply for the same kind
of certificate for 1 year after the date of revocation.
6. Section 65.15 is revised to read as follows:
Sec. 65.15 Duration of certificates.
(a) A certificate or rating issued under this part is effective
until it is surrendered, suspended, or revoked.
(b) The holder of a certificate issued under this part that is
suspended, revoked, or no longer effective shall return it to the
Administrator.
7. Part 65, subpart D consisting of Secs. 65.71 through 65.95, is
removed and reserved.
Subpart D [Reserved]
8. Part 65, subpart E consisting of Secs. 65.101 through 65.105 is
removed and reserved.
Subpart E [Reserved]
9. Part 66 is added to read as follows:
PART 66--CERTIFICATION: AVIATION MAINTENANCE TECHNICIANS AND
AVIATION REPAIR SPECIALISTS
Subpart A--General
Sec.
66.1 Applicability.
66.3 Certification of foreign aviation maintenance technicians.
66.11 Application and issue.
66.12 Offenses involving alcohol or drugs.
66.13 Temporary certificate.
66.15 Duration of certificates.
66.16 Change of name: Replacement of lost or destroyed certificate.
66.17 Tests: General procedure.
66.18 Written tests: Cheating or other unauthorized conduct.
66.19 Retesting after failure.
66.20 Applications, certificates, logbooks, reports and records:
Falsification, reproduction, or alteration.
66.21 Change of address.
66.23 Refusal to submit to a drug test.
Subpart B--Aviation Maintenance Technicians
66.71 Eligibility requirements: General.
66.73 Ratings.
66.75 Knowledge requirements.
66.77 Experience requirements.
66.79 Competency requirements.
66.80 Certificated aviation maintenance technician school students.
66.81 General privileges and limitations.
66.83 Currency requirements.
66.85 Airframe rating; additional privileges.
66.87 Powerplant rating; additional privileges.
66.89 Display of certificate.
66.91 Inspection authorization.
66.92 Inspection authorization: Duration.
66.93 Inspection authorization: Renewal.
66.95 Inspection authorization: Privileges and limitations.
Subpart C--Aviation Repair Specialists
66.101 Eligibility requirements: General.
66.103 Aviation repair specialist certificate: Privileges and
limitations.
66.104 Aviation repair specialist certificate--experimental
aircraft builder--Eligibility, privileges and limitations.
66.105 Display of certificate.
Authority: 49 U.S.C. App. 1354(a), 1355, 1421, 1422, and 1427;
49 U.S.C. 106(g) (Revised 56 FR 27163, 56 FR 65653).
Subpart A--General
Sec. 66.1 Applicability.
(a) This part prescribes the requirements for issuing the following
certificates and associated ratings and the general operating rules for
the holders of those certificates and ratings:
(1) Aviation Maintenance Technicians.
(2) Aviation Repair Specialists.
(b) [Reserved]
Sec. 66.3 Certification of foreign aviation maintenance technicians.
A person who is neither a U.S. citizen nor a resident alien is
issued a certificate under subpart B of this part, outside the United
States, only when the Administrator finds that the certificate is
needed for the operation or continued airworthiness of a U.S.-
registered civil aircraft.
Sec. 66.11 Application and issue.
(a) Application for a certificate and rating, or for an additional
rating, under this part must be made on a form and in a manner
prescribed by the Administrator. Each person who is neither a U.S.
citizen nor a resident alien and who applies for a written or practical
test to be administered outside the United States or for any
certificate or rating issued under this part must show evidence that
the fee prescribed in Appendix A of part 187 of this chapter has been
paid.
(b) An applicant who meets the requirements of this part is
entitled to an appropriate certificate and rating.
(c) Unless authorized by the Administrator, a person whose aviation
maintenance technician certificate is suspended may not apply for any
rating to be added to that certificate during the period of suspension.
(d) Unless the order of revocation provides otherwise, a person
whose aviation maintenance technician or aviation repair specialist
certificate is revoked may not apply for either of those kinds of
certificates for 1 year after the date of revocation.
Sec. 66.12 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or state statute
relating to the growing, processing, manufacture, sale, disposition,
possession, transportation, or importation of narcotic drugs,
marijuana, or depressant or stimulant drugs or substances is grounds
for:
(1) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of final
conviction; or
(2) Suspension or revocation of any certificate or rating issued
under this part.
(b) The commission of an act prohibited by Sec. 91.19(a) of this
chapter is grounds for:
(1) Denial of an application for a certificate or rating issued
under this part for a period of up to 1 year after the date of the act;
or
(2) Suspension or revocation of any certificate or rating issued
under this part.
Sec. 66.13 Temporary certificate.
A certificate and ratings effective for a period of not more than
120 days may be issued to a qualified applicant, pending review of his
or her application and supplementary documents and the issue of the
certificate and ratings for which the applicant applied.
Sec. 66.15 Duration of certificates.
(a) An aviation maintenance technician certificate, an aviation
repair specialist certificate issued to an experimental aircraft
builder, or any rating issued under this part is effective until it is
surrendered, suspended, or revoked.
(b) Unless it is sooner surrendered, suspended, or revoked, an
aviation repair specialist certificate issued to an individual other
than an experimental aircraft builder is effective until the holder is
relieved from the duties for which the holder was employed and
certificated.
(c) The holder of a certificate issued under this part that is
suspended, revoked, or no longer effective shall return it to the
Administrator.
Sec. 66.16 Change of name: Replacement of lost or destroyed
certificate.
(a) An application for a change of name on a certificate issued
under this part must be accompanied by the applicant's current
certificate and the marriage license, court order, or other document
verifying the change. The documents are returned to the applicant after
inspection.
(b) An application for a replacement of a lost or destroyed
certificate is made by letter to the Department of Transportation,
Federal Aviation Administration, Airman Certification Branch, Post
Office Box 25082, Oklahoma City, Oklahoma 73125. The letter must:
(1) Contain the name in which the certificate was issued, the
permanent mailing address (including zip code), social security number
(if any), and date and place of birth of the certificate holder and any
available information regarding the grade, number, and date of issue of
the certificate, and the ratings on it; and
(2) Be accompanied by a check or money order for $2, payable to the
Federal Aviation Administration.
(c) A person whose certificate issued under this part has been lost
may obtain a telegram or facsimile from the FAA confirming that it was
issued. The telegram or facsimile may be carried as a certificate for a
period not to exceed 60 days pending the receipt of a duplicate
certificate under paragraph (b) of this section, unless the airman has
been notified that the certificate has been suspended or revoked. The
request for such a telegram or facsimile may be made by prepaid
telegram or facsimile, stating the date upon which a duplicate
certificate was requested, or including the request for a duplicate and
a money order for the necessary amount. The request for a telegraphic
or facsimile certificate should be sent to the office prescribed in
paragraph (b) of this section.
Sec. 66.17 Tests: General procedure.
(a) Tests prescribed by or under this part are given at times and
places, and by persons, designated by the Administrator.
(b) The minimum passing grade for each test is 70 percent.
Sec. 66.18 Written tests: Cheating or other unauthorized conduct.
(a) Except as authorized by the Administrator, no person may:
(1) Copy, or intentionally remove, a written test under this part;
(2) Give to another, or receive from another, any part or copy of
that test;
(3) Give help on that test to, or receive help on that test from,
any person during the period that test is being given;
(4) Take any part of that test in behalf of another person;
(5) Use any material or aid during the period that test is being
given; or
(6) Intentionally cause, assist, or participate in any act
prohibited by this paragraph.
(b) No person who commits an act prohibited by paragraph (a) of
this section is eligible for any airman or ground instructor
certificate or rating under this chapter for a period of 1 year after
the date of that act. In addition, the commission of that act is a
basis for suspending or revoking any airman or ground instructor
certificate or rating held by that person.
Sec. 66.19 Retesting after failure.
An applicant for a written, oral, or practical test for a
certificate and rating, or for an additional rating under this part,
may apply for retesting:
(a) After 30 days after the date the applicant failed the test; or
(b) Before the 30 days have expired if the applicant presents a
signed statement from an airman holding the certificate and rating
sought by the applicant, certifying that the airman has given the
applicant additional instruction in each of the subjects failed and
that the airman considers the applicant ready for retesting.
Sec. 66.20 Applications, certificates, logbooks, reports, and records:
Falsification, reproduction, or alteration.
(a) No person may make or cause to be made:
(1) Any fraudulent or intentionally false statement on any
application for a certificate or rating under this part;
(2) Any fraudulent or intentionally false entry in any logbook,
record, or report that is required to be kept, made, or used, to show
compliance with any requirement for any certificate or rating under
this part;
(3) Any reproduction, for fraudulent purposes, of any certificate
or rating under this part; or
(4) Any alteration of any certificate or rating under this part.
(b) The commission by any person of an act prohibited under
paragraph (a) of this section is a basis for suspending or revoking any
airman certificate or rating held by that person.
Sec. 66.21 Change of address.
Within 30 days after any change of permanent mailing address, the
holder of a certificate issued under this part shall notify the
Department of Transportation, Federal Aviation Administration, Airman
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125,
in writing, of the new address.
Sec. 66.23 Refusal to submit to a drug test.
(a) This section applies to:
(1) An employee who performs a function listed in Appendix I to
part 121 of this chapter for a part 121 certificate holder or a part
135 certificate holder;
(2) An employee who performs a function listed in Appendix I to
part 121 of this chapter for an operator as defined in Sec. 135.1(c) of
this chapter. An employee of a person conducting operations of foreign
civil aircraft navigated within the United States pursuant to part 375
or emergency mail service operations pursuant to section 405(h) of the
Federal Aviation Act of 1958 is excluded from the requirements of this
section.
(b) Refusal by the holder of a certificate issued under this part
to take a test for a drug specified in Appendix I to part 121 of this
chapter, when requested by an employer as defined in that appendix or
an operator as defined in Sec. 135.1(c) of this chapter, under the
circumstances specified in that appendix is grounds for:
(1) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of that
refusal; and
(2) Suspension or revocation of any certificate or rating issued
under this part.
Subpart B--Aviation Maintenance Technicians
Sec. 66.71 Eligibility requirements: General.
(a) To be eligible for an aviation maintenance technician
certificate and associated ratings, a person must:
(1) Be at least 18 years of age;
(2) Demonstrate the ability to read, write, speak, and understand
the English language by reading and explaining appropriate maintenance
publications and by writing defect and repair statements;
(3) Have passed all of the prescribed tests within a period of 24
months; and
(4) Comply with the sections of this subpart that apply to the
rating the applicant seeks.
(b) A certificated aviation maintenance technician who applies for
an additional rating must meet the requirements of Sec. 66.77 and,
within a period of 24 months, pass the tests prescribed by Secs. 66.75
and 66.79 for the additional rating sought.
Sec. 66.73 Ratings.
(a) The following ratings are issued under this subpart:
(1) Airframe.
(2) Powerplant.
(b) A mechanic certificate with an aircraft or aircraft engine
rating or both, or with an airframe or powerplant rating or both, that
was issued before, and was valid on, [effective date of final rule], is
equal to an aviation maintenance technician certificate with an
airframe or powerplant rating, or both, as the case may be, and may be
exchanged for such a corresponding certificate and rating or ratings.
Sec. 66.75 Knowledge requirements.
(a) Each applicant for an aviation maintenance technician
certificate or rating must, after meeting the applicable requirements
of Sec. 66.77, pass a written test covering the construction and
maintenance of aircraft appropriate to the rating sought, the
regulations in this subpart, and the applicable provisions of this
chapter. The basic principles covering the installation and maintenance
of propellers are included in the powerplant test.
(b) The applicant must pass all sections of the written test before
applying for the oral and practical tests prescribed by Sec. 66.79. A
report of the written test will be made available to the applicant.
Sec. 66.77 Experience requirements.
Each applicant for an aviation maintenance technician certificate
or rating must present either an appropriate graduation certificate or
a certificate of completion from a certificated aviation maintenance
technician school or documentary evidence, acceptable to the
Administrator, of--
(a) At least 3,000 hours of practical experience with the
procedures, practices, materials, tools, machine tools, and equipment
generally used in constructing, maintaining, or altering airframes, or
powerplants appropriate to the rating sought; or
(b) At least 5,000 hours of practical experience concurrently
performing the duties appropriate to both the airframe and powerplant
ratings.
Sec. 66.79 Competency requirements.
Each applicant for an aviation maintenance technician certificate
or rating must demonstrate competency in performing tasks appropriate
to the rating sought by passing both an oral and a practical test.
These tests will be based upon the subjects covered by the written test
for that rating. An applicant for a powerplant rating must show the
ability to make satisfactory minor repairs to, and minor alterations
of, propellers.
Sec. 66.80 Certificated aviation maintenance technician school
students
Whenever an aviation maintenance technician school certificated
under part 147 of this chapter demonstrates to an FAA inspector that
one of its students has made satisfactory progress at the school and is
prepared to take the oral and practical tests prescribed by Sec. 66.79,
that student may take those tests during the final subjects of that
student's training in the approved curriculum before meeting the
applicable experience requirements of Sec. 66.77 and before passing
each section of the written test prescribed by Sec. 66.75.
Sec. 66.81 General privileges and limitations.
(a) A certificated aviation maintenance technician may perform or
supervise the maintenance, preventive maintenance, or alteration of an
aircraft or appliance, or a part thereof, for which that person is
rated (excluding major repairs to, and major alterations of propellers
and any repair to, or alteration of, instruments) and may perform
additional duties in accordance with Secs. 66.85, 66.87, and 66.95.
(b) A certificated aviation maintenance technician may supervise
the maintenance, preventive maintenance or alteration of, or approve
and return to service, any aircraft or appliance, or part hereof, for
which the person is rated, provided the aviation maintenance technician
has:
(1) Satisfactorily performed the work concerned at an earlier date;
or
(2) Demonstrated the ability to perform the work to the
satisfaction of the Administrator; or
(3) Received training acceptable to the Administrator on the
specific equipment on which the work is to be performed; or
(4) Performed the work while working under the direct supervision
of a certificated and appropriately rated aviation maintenance
technician or certificated aviation repair specialist, who has:
(i) Had previous experience in the specific operation concerned; or
(ii) Received training acceptable to the Administrator on the
specific equipment on which the work is to be performed.
(c) A certificated aviation maintenance technician may not exercise
the privileges of the certificate and rating unless the aviation
maintenance technician understands the current instructions of the
manufacturer and the maintenance instructions for the specific
operation concerned.
Sec. 66.83 Currency requirements.
(a) Except as provided in paragraphs (b), (c), and (d) of this
section, a certificated aviation maintenance technician may not
exercise the privileges of the certificate and rating unless, within
the preceding 24 months:
(1) The aviation maintenance technician has for at least 1,000
hours:
(i) Served as an aviation maintenance technician under his or her
certificate and rating; or
(ii) Served under the supervision of a certificated aviation
maintenance technician; or
(iii) Technically supervised other aviation maintenance
technicians; or
(iv) Served as an aviation maintenance instructor under an aviation
maintenance training program acceptable to the Administrator; or
(v) Directly supervised other aviation maintenance instructors, who
are serving under an aviation maintenance training program acceptable
to the Administrator; or
(vi) Supervised, in an executive capacity, the maintenance or
alteration of aircraft; or
(vii) Been engaged in any combination of paragraphs (a)(1) (i)
through (vi) of this section; and
(2) successfully completed:
(i) An aviation maintenance technician refresher course, inspection
authorization refresher course, or a series of such courses, acceptable
to the Administrator, consisting of a total of not less than 16 hours
of instruction; or
(ii) A course or courses of instruction, appropriate to the duties
of an aviation maintenance technician and acceptable to the
Administrator, consisting of a total of not less than 16 hours of
instruction;
(b) A certificated aviation maintenance technician who has not met
the requirements of paragraph (a) of this section may exercise the
privileges of the certificate and rating including for compensation or
hire if, within the preceding 24 months the aviation maintenance
technician has:
(1) Successfully completed a requalification course acceptable to
the Administrator; or
(2) The Administrator has found that the aviation maintenance
technician is competent to exercise the privileges of the certificate
and rating.
(c) A certificated aviation maintenance technician who has not
completed the training specified in paragraph (a)(2) of this section
but has otherwise met the requirements of paragraph (a)(1) of this
section may exercise the privileges of the certificate and rating but
not for compensation or hire.
(d) Paragraph (a)(2) of this section does not apply to an aviation
maintenance technician who within the preceding 24 months exercised the
privileges of the certificate and ratings--
(1) for a certificate holder authorized to operate under the
provisions of parts 121, 127, or 135 of this chapter; or
(2) for a U.S.-certificated repair station that performs work in
accordance with Sec. 145.2(a), or for a U.S.-certificated repair
station that conducts a maintenance and preventive maintenance training
program; or
(3) as an aviation maintenance instructor for an aviation
maintenance training program acceptable to the Administrator.
Sec. 66.85 Airframe rating; additional privileges.
A certificated aviation maintenance technician with an airframe
rating may approve and return to service an airframe, or any related
part or appliance, after the aviation maintenance technician has
performed, supervised, or inspected its maintenance or alteration
(excluding major repairs and major alterations). In addition, the
aviation maintenance technician may perform the 100-hour inspection
required by part 91 of this chapter on an airframe, or any related part
or appliance, and approve and return it to service.
Sec. 66.87 Powerplant rating; additional privileges.
A certificated aviation maintenance technician with a powerplant
rating may approve and return to service a powerplant or propeller or
any related part or appliance, after the aviation maintenance
technician has performed, supervised, or inspected its maintenance or
alteration (excluding major repairs and major alterations). In
addition, the aviation maintenance technician may perform the 100-hour
inspection required by part 91 of this chapter on a powerplant or
propeller, or any part thereof, and approve and return it to service.
Sec. 66.89 Display of certificate.
Each person who holds an aviation maintenance technician
certificate shall keep it within the immediate area where the aviation
maintenance technician normally exercises the privileges of the
certificate and shall present it for inspection upon the request of the
Administrator or an authorized representative of the National
Transportation Safety Board, or of any Federal, State, or local law
enforcement officer.
Sec. 66.91 Inspection authorization.
(a) An application for an inspection authorization is made on a
form and in a manner prescribed by the Administrator.
(b) An applicant who meets the requirements of this section is
entitled to an inspection authorization.
(c) To be eligible for an inspection authorization, an applicant
must:
(1) Hold a currently effective aviation maintenance technician
certificate with both an airframe rating and a powerplant rating, each
of which is currently effective and has been in effect for a total of
at least 3 years;
(2) Have been actively engaged, for at least the 2-year period
before the date of application, in maintaining aircraft certificated
and maintained in accordance with this chapter;
(3) Have a fixed base of operations at which the applicant may be
located in person or by telephone during a normal working week but it
need not be the place where the applicant will exercise inspection
authority;
(4) Have available the equipment, facilities, and inspection data
necessary to properly inspect airframes, powerplants, propellers, or
any related part or appliance; and
(5) Pass a written test demonstrating the ability to inspect
according to safety standards for returning aircraft to service after
major repairs, major alterations, annual inspections, and progressive
inspections performed under part 43 of this chapter.
(d) An applicant who fails the test prescribed in paragraph (c)(5)
of this section may not apply for retesting until at least 90 days
after the date of the test.
Sec. 66.92 Inspection authorization: Duration.
(a) Each inspection authorization expires on March 31 of the second
year after its issuance. However, the holder may exercise the
privileges of that authorization only while holding a currently
effective aviation maintenance technician certificate with both a
currently effective airframe rating and a currently effective
powerplant rating.
(b) An inspection authorization ceases to be effective whenever any
of the following occurs:
(1) The authorization is surrendered, suspended, or revoked,.
(2) The holder no longer has a fixed based of operation.
(3) The holder no longer has the equipment, facilities, and
inspection data required by Sec. 66.91(c) (3) and (4) for issuance of
the authorization.
(c) The holder of an inspection authorization that is suspended or
revoked shall, upon the Administrator's request, return it to the
Administrator.
Sec. 66.93 Inspection authorization: Renewal.
(a) To be eligible for renewal of an inspection authorization for a
2-year period, an applicant must present biennially, during the month
of March, at an FAA Flight Standards District Office or an
International Field Office, evidence that the applicant still meets the
requirements of Sec. 66.91(c)(1) through (4) and must show that, during
the current period that the applicant held the inspection
authorization, the applicant--
(1) Has performed at least one annual inspection for each 3 months
that the applicant held the current authority; or
(2) Has performed inspections of at least two major repairs or
major alterations for each 3 months that the applicant held the current
authority; or
(3) Has performed or supervised and approved at least one
progressive inspection in accordance with standards prescribed by the
Administrator for each 12 months that the applicant held the current
authority; or
(4) Has maintained an aircraft pursuant to an inspection program
specified under Sec. 91.409(f) (3) or (4) during each month that the
applicant held the current authority; or
(5) Has performed any combination of (a) (1) through (4); or
(6) Has successfully completed an inspection authorization
refresher course or series of courses, acceptable to the Administrator,
consisting of a total of not less than 16 hours of instruction during
the 24-month period preceding the application for renewal; or
(7) Has passed an oral test by an FAA inspector to determine that
the applicant's knowledge of applicable regulations and standards is
current.
(b) The holder of an inspection authorization that has been in
effect for less than 90 days before the expiration date need not comply
with subparagraphs (a) (1) through (7) of this section.
Sec. 66.95 Inspection authorization: Privileges and limitations.
(a) The holder of an inspection authorization may:
(1) Inspect and approve for return to service any aircraft or
related part or appliance (except any aircraft maintained in accordance
with a continuous airworthiness program under part 121 or part 127 of
this chapter) after a major repair or major alteration to it in
accordance with part 43 of this chapter, if the work was done in
accordance with technical data approved by the Administrator; and
(2) Perform an annual, or perform or supervise a progressive
inspection according to Secs. 43.13 and 43.15 of this chapter.
(b) When exercising the privileges of an inspection authorization,
the holder shall keep it available for inspection by the aircraft owner
and the aviation maintenance technician submitting the aircraft,
repair, or alteration for approval (if any), and shall present it upon
the request of the Administrator or an authorized representative of the
National Transportation Safety Board, or of any Federal, State, or
local law enforcement officer.
(c) If the holder of an inspection authorization changes his or her
fixed base of operation, the holder may not exercise the privileges of
the authorization until he or she has notified the FAA Flight Standards
District Office or International Field Office for the area in which the
new base is located, in writing, of the change.
Subpart C--Aviation Repair Specialists
Sec. 66.101 Eligibility requirements: General.
(a) Except as provided in paragraph (b) of this section, to be
eligible for an aviation repair specialist certificate a person must:
(1) Be at least 18 years of age;
(2) Be specially qualified to perform maintenance on aircraft, or
components thereof, appropriate to the job for which that person is
employed;
(3) Be employed for a specific job, requiring those special
qualifications, by a certificated repair station, or by a certificated
commercial operator or certificated air carrier, that is required by
its operating certificate or approved operations specifications to
provide a continuous airworthiness maintenance program according to its
maintenance manuals;
(4) Be recommended for certification by his or her employer, to the
satisfaction of the Administrator, as able to satisfactorily maintain
aircraft or components, appropriate to the job for which the person is
employed;
(5) Have either:
(i) At least 3000 hours of practical experience in the procedures,
practices, inspection methods, materials, tools, machine tools, and
equipment generally used in the maintenance duties of the specific job
for which the person is to be employed and certificated; or
(ii) Completed formal training that is acceptable to the
Administrator and is specifically designed to qualify the applicant for
the job in which the applicant is to be employed; and
(6) Demonstrate the ability to read, write, speak, and understand
the English language by reading and explaining appropriate maintenance
publications and by writing defect and repair statements.
(b) This section does not apply to the issuance of aviation repair
specialist certificates (experimental aircraft builder) under
Sec. 66.104.
(c) A valid repairman certificate is equal to an aviation repair
specialist certificate and may be exchanged for such a corresponding
certificate.
Sec. 66.103 Aviation repair specialist certificate: Privileges and
limitations.
(a) A certificated aviation repair specialist may perform or
supervise the maintenance, preventive maintenance, or alteration of
aircraft or aircraft components appropriate to the job for which the
aviation repair specialist was employed and certificated but only in
connection with duties for the certificate holder by whom the aviation
repair specialist was employed and recommended.
(b) A certificated aviation repair specialist may not perform or
supervise duties under the aviation repair specialist certificate
unless the individual understands the current instructions of the
certificate holder by whom the aviation repair specialist is employed
and the manufacturer's instructions for continued airworthiness
relating to the specific operations concerned.
Sec. 66.104 Aviation repair specialist certificate--experimental
aircraft builder--eligibility, privileges and limitations.
(a) To be eligible for an aviation repair specialist certificate
(experimental aircraft builder), an individual must--
(1) Be at least 18 years of age;
(2) Be the primary builder of the aircraft to which the privileges
of the certificate are applicable;
(3) Show to the satisfaction of the Administrator that the
individual has the requisite skill to determine whether the aircraft is
in a condition for safe operations; and
(4) Be a citizen of the United States or an individual citizen of a
foreign country who has lawfully been admitted for permanent residence
in the United States.
(b) The holder of an aviation repair specialist certificate
(experimental aircraft builder) may perform condition inspections on
the aircraft constructed by the holder in accordance with the operating
limitations of that aircraft.
(c) Section 66.103 does not apply to the holder of an aviation
repair specialist certificate (experimental aircraft builder) while
performing under that certificate.
Sec. 66.105 Display of certificate.
Each person who holds an aviation repair specialist certificate
shall keep it within the immediate area where the individual normally
exercises the privileges of the certificate and shall present it for
inspection upon the request of the Administrator or an authorized
representative of the National Transportation Safety Board, or of any
Federal, State, or local law enforcement officer.
Issued in Washington, DC on August 10, 1994.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 94-20004 Filed 8-16-94; 8:45 am]
BILLING CODE 4910-13-M