Exemption No.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

LESLY SANCHEZ LANDRON Regulatory Docket No. FAA-2014- 0747

 

for an exemption from § 65.91

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION

By letter dated September 3, 2014, Mr. Lesly Sanchez Landron, Urb. Marina Bahia, RC-10 

Ave, Punta Las Marias, Catano, PR 00962-6718 petitioned the Federal Aviation 

Administration (FAA) for an exemption from § 65.91 of Title 14, Code of Federal

Regulations (14 CFR). The exemption, if granted, would allow Mr. Lesly Sanchez Landron to 

qualify to take the Inspection Authorization written test without waiting for the three (3) year 

requirement required by § 65.91(c)(1).

The petitioner requests relief from the following regulation:

Section 65.91(c) prescribes, in pertinent part, that an application for an inspection 

authorization is made on a form and in a manner prescribed by the Administrator and an

applicant who meets the requirements of this section is entitled to an inspection authorization.

To be eligible for an inspection authorization, an applicant must; 

(1) Hold a currently effective mechanic 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 he applies, in 

maintaining aircraft certificated and maintained in accordance with this chapter;

(3) Have a fixed base of operations at which he may be located in person or by telephone 

during a normal working week but it need not be the place where he will exercise his 

inspection authority;
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(4) Have available to him 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 on his ability to inspect according to safety standards for returning 

aircraft to service after major repairs and major alterations and annual and progressive 

inspections performed under part 43 of this chapter.

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 he failed the test.

The petitioner supports his request with the following information:

The petitioner states he has been actively engaged without interruption for more than 40 years 

in aviation maintenance and certification activities.

Mr. Landrons airframe certificate was revoked by the Administrator in March of 2010, where 

he then surrendered his Inspection Authorization to the FAA. Mr. Landron’s airframe 

certificate was later reissued to him in June of 2012. 

Mr. Landron states, he should be considered in compliance with the experience requirements 

of § 65.91, based on more than 40 years in aviation maintenance and certification activities. 

Mr. Landron also claims the exemption would not adversely affect safety, and will provide a 

level of safety at least equal to that provided by the rule. 

 

The FAA’s analysis is as follows:

The FAA has considered the petitioner’s request and finds that a grant of exemption would 

not be in the public interest nor has the petitioner clearly shown how an exemption would not 

adversely affect safety. 

In his petition, Mr. Landron requests the FAA to waive the three year airframe and powerplant 

rating requirement to be eligible for an Inspection Authorization. Particularly, the petitioner is 

requesting such an exemption to be eligible to take the written test as required in part 

§ 65.91 (c)(5).

The petitioner surrendered his certificate to the FAA in March of 2010, which he later 

recovered in June of 2012 after retesting for his oral and practical tests. The petitioner has not 

met the 3 year requirement required by § 65.91 (c)(1) to apply for an Inspection Authorization.

FAA certificated mechanics that hold an Inspection Authorization play a vital and important 

role in the promotion of aviation safety. The basic functions of an Inspection Authorization 

(IA) are set forth in part 65, § 65.95. An IA may inspect and approve for return to service any 

aircraft or related part or appliance after a major repair or major alteration. Also, the holder of 
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an IA may perform an annual inspection and he or she may supervise or perform a progressive 

inspection.

Although Mr. Landron states he should be considered in compliance with the experience 

requirements of § 65.91 based on more than 40 years in aviation maintenance and certification 

activities, this is contradictory with FAA records. Furthermore, Mr. Landron does not provide 

supporting information regarding his role in certification activities. 

In addition, § 65.91 stipulates the requirements to be eligible for an IA. Specifically, Subpart 

(c) of this part provides the criteria for an IA which states: (1) “Hold a currently effective 

mechanic certificate with both an airframe and powerplant rating, each of which is currently 

effective and has been in effect for a total of at least 3 years”, and (2) “Have been actively 

engaged, for at least the 2-year period before the date he applies, in maintaining aircraft 

certificated and maintained in accordance with this chapter.” Once these eligibility 

requirements have been met, the applicant is then entitled to apply for the authorization to 

take the written test.

The applicant must hold a current mechanic’s certificate, with both airframe and powerplant 

ratings that have been in effect for at least 3 years. Because the petitioner surrendered his 

certificate in 2010, he does not meet the requirements of § 65.91 (c)(1). 

In reference to § 65.91 (c)(2), “Actively Engaged” means having an active role in exercising 

the privileges of an A&P mechanic certificate in the maintenance of civil aircraft. Applicants 

who inspect, overhaul, repair, preserve, or replace parts on aircraft, or who supervise (i.e., 

direct and inspect) those activities, are actively engaged. 

Although Mr. Landron still held a Powerplant rating, because his Airframe certificate was 

surrendered, the petitioner was not able to be actively engaged because he was incapable of 

exercising the privileges of his surrendered Airframe certificate during the required 2 year 

period prior to June 2012. 

In a letter dated May 23, 2013, Mr. Landron, also petitioned the Federal Aviation 

Administration (FAA) for an exemption from § 65.91. In Mr. Landron’ s May 23, 2013 

exemption request, the FAA did consider the petitioner’s request but concluded that a grant of 

exemption would not be in the public interest nor did the petitioner clearly shown how an 

exemption would not adversely affect safety. 

The FAA believes there is no reason to warrant an exemption based on the petitioners request. 

The FAA does not believe, nor has the petitioner substantiated, that an exemption to take the 

written test for an IA would be in the best interest of the public. Additionally, adequate 

resources have long been available in the San Juan, Puerto Rico area to support any such IA

requirements as specified by FAA Regulations. 
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The FAA’s Decision:

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

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

and 44701, delegated to me by the Administrator, the petition of Lesly Sanchez Landron for 

an exemption from 14 CFR § 65.91 is hereby denied. 

Issued in Washington, D.C., on December 3, 2014

/s/

John S. Duncan

Director, Flight Standards Service .