AFS-13-289-E

Exemption No. 10782

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

AVIATION HIGH SCHOOL Regulatory Docket No. FAA-2013-0279

 

for an exemption from § 147.36 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letter dated March 20, 2013, Mr. Mario Cotumaccio petitioned on behalf of Aviation 

High School, Queens Boulevard and 36th Street, Long Island City, New York, for an 

exemption from § 147.36 of the Federal Aviation Regulations to permit Aviation High School 

to conduct instruction with a student/instructor ratio greater than the 25 to 1 ratio.

The petitioner requires relief from the following regulation:

Section 147.36 states, in pertinent part, that each certificated aviation maintenance 

technician school shall, after certification or addition of a rating, continue to provide 

the number of instructors holding appropriate mechanic certificates and ratings that the 

Administrator determines necessary to provide adequate instruction to the students, 

including at least one such instructor for each 25 students in each shop class.

The petitioner supports its request with the following information:

Aviation High School has maintained a proud history of serving New York City (NYC) 

students as an “approved” Federal Aviation Administration (FAA) part 147 school for over 75 

years. As a division of the NYC Department of Education, we are a free public education 

system funded by taxpayer dollars. We operate under the constraints of the NYC and New 

York State (NYS) budgets. Schools who offer Career and Technical Educational Programs, 

similar to our FAA program, are funded to support a teacher to student class ratio of 1:28. 

Our “non-FAA” shop classes are also funded as such and have operated throughout our 

history with great success and without incidents.
2

The petitioner states that New York State has recently announced severe budget cuts for all 

NYC public schools effective September 2013. Governor Cuomo’s proposed cuts will have 

devastating consequences for NYC schools ultimately leading to program closures, increases 

in class size, layoffs of teachers and support staff. In evaluating our budgetary needs for the 

upcoming school year, we can offset the budget cuts by increasing our teacher to student class 

ratio from 1:25 to 1:28. The petitioner asserts that the increase will not affect the safety 

and/or quality of their program. The petitioner also states that granting this relief would not 

mean that all classes will operate with a 1:28 ratio; however, it would permit Aviation High 

School to go up to 28 students when the need arises.

The FAA determined that good cause exists for not publishing a summary of the petition in 

the Federal Register. The requested exemption would not set a precedent, and any delay in 

acting on the petition would be detrimental to Aviation High School. In addition, the FAA 

previously published a similar summary for public comment, and no comments were 

received. 

The FAA's analysis is as follows:

The FAA has conducted an inspection and evaluation of the petitioner’s facilities and find that 

Aviation High School’s program assures a level of competence and safety equal to that 

provided by § 147.36. 

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. 

§§ 40113 and 44701, delegated to me by the Administrator, Aviation High School is hereby 

granted an exemption from § 147.36 to permit it to conduct FAA-approved mechanic courses 

in the 10th and 11th year classes with a student/instructor ratio up to 28 to 1, subject to the 

condition that Aviation High School ensures the facilities, instructional equipment, and 

instructor to student ratio continue to provide a level of safety equivalent to § 147.36.

This exemption terminates on June 30, 2015, unless sooner superseded or rescinded.

Issued in Washington, DC, on May 31, 2013.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service