AFS

- 14

- 473

- E Exemption No. 13538

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

AVIATION INSTITUTE OF Reg ulatory Docket No. FAA

- 2014

- 0672

MAINTENANCE for an exemption from § 65.75(a) of Title 14, Code of Federal Regulations

CORRECTED COPY

The FAA is reissuing the Partial Grant of Exemption No. 13538 to correct error s contained in the original document.

I n Condition and Limitation No. 3. The FAA is replacing the words “ i nstructional unit” with

“instructional i tem

. ” C ondition and Limitation No. 3 will now read:

Before retesting any student who has failed the AMG examination and also does not meet the experience requirements of § 65.77, AIM must retrain the student on the

instructional item associated with the failed test and authorize the student to retake the test. AIM must have procedures for documenting and tracking compliance with all retesting procedures.

On page 4, in the third paragraph, the clause now reads:

“obtain approval of those procedures.”

On pa ge 4, in the fourth paragraph, the clause now reads:2

“before AIM retests.”

In line 7, of the first paragraph of “The FAA”s Decision” on page 4 it now reads:

“allow an AMTS.”

PARTIAL GRANT OF EXEMPTION

By letter dated August 26, 2014 , Mr. Gerald Yagen, President, Aviation Institute of

Maintenance President (AIM, or Petitioner), 4455 South Boulevard, Virginia Beach, VA

23452

, petitioned the Federal Aviation Administration (FAA) on behalf of AIM for an exemption from § 65.75(a) of Title 14 of the C ode of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow students enrolled in AIM’s part 147 aviation maintenance technician school (AMT S) in Philadelphia

, PA , operating under Air Agency

Certificate AR9TO18R , to take the Aviati on Mechanic General (AMG), Aviation Mechanic Airframe (AMA), and Aviation Mechanic Powerplant (AMP) written tests after completing the corresponding portion of the curriculum, but prior to meeting the experience requirements of 14 CFR § 65.77. We grant in part and deny in part. Specifically, we grant AIM an exemption with respect to the AMG written test but deny the exemption with respect to the

AMA and AMP written tests.

The petitioner requests relief from the following regulation :

Section 65.75(a) requ ires, in pertinent part, that “ [ e ] ach applicant for a mechanic certificate or rating must, after meeting the applicable experience requirements of § 65.77 , pass a written test covering the construction and maintenance of aircraft appropriate to the rating he seeks, the regulations in [subpart D (Mechanics)] and the applicable provisions of parts 43 and 91.” (Emphasis added)

.

The petitioner supports its request with the following information:

The p etitioner stated that the public interest would be served b y allowing an aviation maintenance technician student to take each FAA written test immediately following his or her completion of the related course material. The p etitioner stated that student learning would be enhanced and reinforced by the immediate f eedback provided by the testing experience and that this immediate feedback, coupled with a sense of accomplishment, would encourage students to continue their studies and reduce dropout rates.

The p etitioner stated that it currently has an established p rocedure for identifying and reporting any graduate eligible to take FAA

- mandated written, oral, and practical tests to

p etitioner’s own on

- site written test center and the Philadelphia Flight Standards District

Office. The p etitioner proposed to use the s ame procedure to identify and report students who would qualify to take the written AMA or AMP tests. The p etitioner also proposed to withhold each student’s individual graduation certificate or certificate of completion until3

after the student successful ly completed the entirety of the program in which the student enrolled (i.e., AMA or AMP).

The p etitioner stated that its petition did not differ materially from others on record, and noted that the FAA had found those similar requests in the public int erest.

Although AIM is correct that its initial petition for exemption does not differ materially from others on record, and that the FAA has previously granted exemptions to § 65.75, the FAA recently learned that these exemptions could inadvertently ena ble an individual to obtain his or her AMA or AMP certificate without satisfying the mechanic certificate eligibility requirements of § 65.77. 1 In light of this reevaluation, the FAA has undertaken to revise and make consistent its exemptions to § 65.75(a ).

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on this petition would be de trimental to AIM

.

The FAA's analysis is as follows:

The FAA has discovered through reevaluation of § 65.75(a) exemptions a loophole that could potentially allow students to totally circumvent the experience requirements. Students must, among other things, take written, oral, and pr actical tests to obtain a mechanic certificate.

Section 65.80 allows an AMTS, under some circumstances, to administer a student’s required oral and practical tests before the student satisfies the experience requirements of § 65.77. Under § 65.75(a), how ever, all students must satisfy § 65.77 before taking any written tests. By granting AIM’s request to allow students to take the AMA and AMP written tests before completing the experience requirements in § 65.77, we could inadvertently enable those

studen ts to totally circumvent our experience requirements, because a student could obtain a copy of his or her academic record indicating that the student has passed the AMA or AMP examinations, and provide that record to another school

, without disclosing that the student never satisfied the appropriate experience requirements.

Perhaps to mitigate this very concern, AIM also proposed to withhold a graduation certificate or certificate of completion until after the successful completion of the entire program in which the student was enrolled. Unfortunately, the proposed mitigation would not work because it would violate § 147.35(a), which requires each AMTS to “provide a transcript of the student’s grades to each student who is graduated from that school or w ho leaves it before being graduated.

. . . The transcript must state the curriculum in which the student was enrolled, whether the student satisfactorily completed the curriculum, and the final grades the student received.” (Emphasis added.) This regula tion prohibits AIM from withholding a student’s certificate until graduation if the student left without graduating. Moreover, the

1 Section 65.77 requires each applicant for a mechanic certificate or rating to p resent evidence of at least 18 months, and in some cases at least 30 months, of practical experience.4

presence of grades on a transcript could erroneously suggest that a student both completed the

AMA or AMP examinations and s atisfied the § 65.77 experience requirements. The FAA has, therefore, taken action to amend all such exemptions by issuing a Partial Grant of Exemption

to all affected AMTSs.

The FAA does not have the same concerns regarding students who take the AMG exam ination before satisfying § 65.77. A student who successfully completes the AMG exam is not eligible to receive a mechanic certificate until after the student also completes the AMP or

AMA exams. There fore

, there is no risk that a student who completes t he AMG exam prior to satisfying the § 65.77 experience requirements will circumvent the regulations.

In addition, certain conditions and limitations included in this partial grant are necessary to ensure an equivalent level of safety with § 65.75(a). The conditions

— requiring AIM to develop written testing procedures, include those procedures in its approved operating document or manual, and obtain approval of those procedures from its Certificate Holding

District Office

— ensure that AIM’s educational progr am and curricula continue to meet FAA regulatory standards.

Another condition and limitation of this exemption requires that, before AIM retest s any student who has failed the AMG test and who also does not meet the experience requirements of § 65.77, A IM must r etrain the student on the instructional item 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 AIM’s exemption. To maintain an equivalent level of safety, this exemption requires AIM to retrain these students itself, using FAA

- approved curricula and in accordance with the FAA’s AMTS standards, including the qual ity of instruction standards codified in § 147.38a.

The FAA’s Decision

For the reasons described above, the FAA continues to withdraw or amend all previously granted exemptions to § 65.75(a) which enabled an AMTS to administer the AMG, AMA,

and AMP writt en tests immediately following a student’s successful completion of the corresponding curricula. The FAA’s new and revised exemptions to § 65.75(a) will allow an AMTS to administer the AMG examination immediately after students complete the corresponding curriculum and prior to satisfying the experience requirements of § 65.77, but

will not allow an AMTS to administer the AMA or AMP examinations before students satisfy § 65.77.

In consideration of the foregoing, we find in the present case that a parti al grant of exemption is in the public interest. We therefore issue this partial grant of exemption, which allows AIM students to take the AMG examination immediately after completing the corresponding5

curriculum, but does not allow students to take the A MA or AMP examinations before completing the corresponding curricula.

Pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the Administrator has delegated to me, I hereby grant Aviation Institute of Maintenance an exemptio n from § 65.75(a) to the extent necessary to allow AIM Philadelphia

, PA , operating under Air Agency Certificate AR9TO18R

, to administer the AMG written test to any student immediately following his or her successful completion of the general curriculum, an d before meeting the experience requirements of 14 CFR § 65.77, subject to the conditions and

limitations listed below.

Conditions and Limitations

1. AIM must develop written procedures for administering the AMG written test to AIM students immediately follo wing successful completion of the general curriculum.

2. AIM must ensure these procedures are available for use in AIM’s approved operating or curriculum procedures document or manual.

3. Before retesting any student who has failed the AMG examination and als o does not meet the experience requirements of § 65.77, AIM must r etrain the student on the

instructional item associated with the failed test and authorize the student to retake the test. AIM must have procedures for documenting and tracking compliance w ith all retesting procedures.

4. Before exercising the privileges of this exemption, AIM must provide the revised procedures to its Certificate Holding District Office for review and approval.

AIM’s request for an exemption from § 65.75(a) to enable AIM to administer the AMA and the AMP written tests to a student after that student has completed the corresponding portion(s) of the curriculum, but prior to meeting the experience requirements of 14 CFR § 65.77, is denied.

Th is exemption terminates on November 30 , 2017 , unless sooner superseded or rescinded.

Issued in Washington, D.C., on January 8, 2016.

/s/ John Barbagallo Deputy Director, Flight Standards Service6