AFS-15-723-E 

 

 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

LORENZO WALKER INSTITUTE 

OF TECHNOLOGY Exemption No. 8629E 

Regulatory Docket No. FAA-2005-22015 

for an exemption from §§ 65.17(a), 

65.19(b), 65.75(a) and (b) of Title 14 

14 Code of Federal Regulations 

PARTIAL GRANT OF EXEMPTION 

By letter dated February 18, 2015, Ms. Yolanda Flores, Principal, Lorenzo Walker Institute of 

Technology, 3702 Estey Avenue, Naples, FL 34104-4405, petitioned the Federal Aviation 

Administration (FAA) on behalf of Lorenzo Walker Institute of Technology (LWIT) for an 

extension of Exemption No. 8629, as amended. If granted, this exemption from §§ 65.17(a), 

65.19(b), 65.75(a), and 65.75(b) of Title 14 of the Code of Federal Regulations (14 CFR) 

would allow LWIT to (1) integrate sections of the oral and practical mechanic tests into its 

FAA-approved curriculum, (2) administer oral and practical tests to a student before the 

student passed the corresponding section of the written test, (3) authorize a student to retake a 

failed exam after less than 30 days, and (4) administer the aviation mechanic general (AMG) 

written test immediately after a student completed the general curriculum, but before the 

student met the experience requirements of 14 CFR § 65.77. 

The petitioner requested relief from the following regulations:

Section 65.17(a), which requires tests prescribed by part 65 (certification of airmen other than 

flight crewmembers) to be administered at times and places, and by persons, designated by 

the Administrator. 

Section 65.19, which sets out the requirements for retesting a student after a failed test. A 

student who fails a written, oral, or practical test may apply for retesting— 

(a) After 30 days from the date the applicant failed the test; or 
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(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. 

Section 65.75(a), which requires a student, after meeting the applicable experience 

requirements of § 65.77, to pass a written test covering the construction and maintenance of 

aircraft appropriate to the rating he or she seeks. 

Section 65.75(b), which requires, among other things, that a student must pass each section of 

the written test before applying to take the oral and practical tests. 

The petitioner supported its request with the following information:

The petitioner states that all four elements of the proposed exemption would serve the public 

interest by facilitating a more integrated curriculum based on progressive, incremental testing. 

The petitioner states that “to test immediately following learning is a universally accepted 

instructional principle which reinforces learning and is academically sound.” 

The petitioner proposes under this exemption to “administer oral and practical tests 

incrementally during each of the five major components of instruction: General, Airframe 

Structures, Airframe Systems, Powerplant Theory and Maintenance, and Powerplant 

Systems.” The petitioner states that the “scope and nature” of testing would not change, but 

that incorporating the oral and practical testing into the curriculum would save students the 

cost of paying a Designated Mechanic Examiner to administer the exams, and by doing so 

would benefit the public interest. 

The petitioner also states that all modified testing procedures would be included in the 

school’s FAA-approved Operations Handbook and curriculum. The petitioner states that 

LWIT’s direct involvement with the South Florida Flight Standards District Office (FSDO) 

19 in approving a system for administering and monitoring oral and practical tests would add 

uniformity and consistency to the testing process. 

The FAA's analysis is as follows: 

As described above, the petitioner requests the FAA extend Exemption No. 8629, as 

amended. The FAA, however, is reevaluating previously-issued exemptions related to AMTS 

testing, and is undertaking an effort to standardize all exemptions to § 65.75(a). For that 

reason, we modify the conditions and limitations of this exemption, consistent with that 

effort. 

The majority of the new conditions—requiring the petitioner to develop written testing 

procedures, including those procedures in its approved operating document or manual, and 

obtaining approval of those procedures from its Certificate Holding District Office—will 

ensure that the school’s educational program and curricula continue to meet FAA regulatory 

standards. The other condition of this exemption requires that, before the petitioner may 

retest any student who has failed the AMG test and who also does not meet the experience 

requirements of § 65.77, the petitioner must retrain the student on each instructional item 
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associated with the failed test and authorize the student to retake the test. To be clear, any 

student who is eligible to take the AMG test on the basis of his or her own experience, who 

does not need to rely on this exemption, may retrain according to § 65.19—including with 

any appropriately certificated airman. However, this exemption also creates a population of 

students who do not satisfy the § 65.77 experience requirements, and who are eligible to 

retake the AMG test only because of the petitioner’s exemption. To maintain an equivalent 

level of safety, this exemption requires the petitioner to retrain these students itself, using 

FAA-approved curricula and in accordance with the FAA’s AMTS standards, including the 

quality-of-instruction standards codified in § 147.38a. 

The FAA also declines to extend those portions of Exemption No. 8629D that previously 

authorized LWIT to administer the practical and oral tests to students prior to those students’ 

completion of the written examinations. The FAA intends for oral and practical examinations 

to draw randomly from the mechanic curriculum, and by doing so to encourage each student 

to develop skill across the entirety of that curriculum. Administering the oral and practical 

tests in a piecemeal fashion, after each portion of the curriculum, as the petitioner proposes, 

fosters a predictability that does not adequately encourage students to prepare across all areas. 

In addition, the FAA declines to extend the provisions of Exemption No. 8629D that 

authorized LWIT to authorize students to apply for retesting without a signed statement from 

an airman holding the certificate and rating sought. To be clear, under § 65.19(b), students 

may continue to retest before 30 days after a failed test—those students need only to present a 

signed statement from an appropriate airman 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.” At this time, and in the context of this revised exemption, we 

do not find that exempting LWIT from § 65.19 would be in the public interest. 

The FAA has also determined that good cause exists for not publishing a summary of the 

petition in the Federal Register because the relief granted herein would not set a precedent, 

and any delay in acting on this petition would be detrimental to LWIT. 

The FAA’s Decision 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701 

delegated to me by the Administrator, I grant Lorenzo Walker Institute of Technology 

(LWIT) an exemption from § 65.75(a) to the extent necessary to allow LWIT, under Air 

Agency Certificate WT5T076K, to administer the AMG written test to any student 

immediately following his or her successful completion of the general curriculum, and before 

meeting the experience requirements of 14 CFR § 65.77, subject to the conditions and 

limitations listed below. 

Conditions and Limitations 

1. LWIT must develop written procedures for administering the AMG written test to 

LWIT students immediately following successful completion of the general 

curriculum. 
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2. LWIT must ensure these procedures are available for use in LWIT’s approved 

operating or curriculum procedures document or manual. 

3. Before retesting a student who has failed the AMG examination and also does not 

meet the experience requirements of 14 CFR § 65.77, LWIT must require the student 

to repeat the instructional item(s) associated with the failed test and receive 

authorization from LWIT to retake the test. LWIT must have procedures for 

documenting and tracking compliance with all retesting procedures. 

4. Before exercising the privileges of this exemption, LWIT must provide the revised 

procedures to the Certificate Holding District Office (CHDO) assigned to LWIT for 

review and approval. 

With respect to §§ 65.17(a), 65.19(b), and 65.75(b), LWIT’s petition for exemption is denied. 

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded. 

 

Issued in Washington, DC, June 25, 2015. 

Sincerely, . 

/s/ 

John S. Duncan 

Director, Flight Standards Service