AFS-16-0925-E

Exemption No. 10016C

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

NATIONAL AVIATION Regulatory Docket No. FAA-2010-0097

ACADEMY 

for an exemption from § 65.75(a) 

of Title 14, Code of 

Federal Regulations 

 

PARTIAL GRANT OF EXEMPTION

By letter dated October 12, 2015, Mr. Douglas W. Ecks, Director of Education, National 

Aviation Academy (NAA), 6225 Ulmerton Road, Clearwater, FL 33760 petitioned the 

Federal Aviation Administration (FAA) on behalf of NAA for an extension and amendment 

to exemption No.10016, from § 65.75(a) of Title 14 of the Code of Federal Regulations 

(14 CFR). The exemption, if granted, would allow students enrolled in NAA’s Part 147 

Aviation Maintenance Technician School (AMTS) in Clearwater FL, operating under Air 

Agency Certificate DV9T100R, to take the Aviation 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 

NAA an exemption with respect to the AMG written test but deny the petition for an 

exemption with respect to the AMA and AMP written tests.

The petitioner requests relief from the following regulation:

Section 65.75(a) requires, 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, 
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the regulations in [subpart D (Mechanics),] and the applicable provisions of parts 43 and 91.” 

(Emphasis added).

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 detrimental to NAA.

The FAA's analysis is as follows:

The FAA has conducted a reevaluation of the § 65.75(a) exemptions based on our discovery 

of a loophole that could potentially have allowed students to totally circumvent our experience 

requirements. Students must, among other things, take written, oral, and practical 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), however, all students must satisfy 

§ 65.77 before taking any written tests. 

By granting NAA’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 

students 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. 

The FAA does not have the same concerns regarding students who take the AMG examination

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 is, therefore, no risk that a student who completes the AMG exam prior 

to satisfying the § 65.77 experience requirements will circumvent our 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 NAA 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 NAA’s educational program and curricula continue to meet FAA 

regulatory standards. 

Another condition and limitation of this exemption requires that, before NAA may retest any 

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

of § 65.77, NAA (must require the student to repeat each 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 
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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 NAA’s exemption. To maintain an equivalent level of safety, this exemption 

requires NAA 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 

§ 147.38(a). 

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 written 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 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 partial grant of exemption 

is in the public interest. We therefore issue this partial grant of exemption, which allows 

NAA students to take the AMG examination immediately after completing the corresponding 

curriculum, but does not allow students to take the AMA 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 National Aviation Academy (NAA) an 

exemption from § 65.75(a) to the extent necessary to allow NAA Clearwater, FL, under Air 

Agency Certificate DV9T100R, 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 revised conditions and 

limitations listed below.

Conditions and Limitations

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

NAA students immediately following successful completion of the general curriculum. 

2. NAA must ensure these procedures are available for use in NAA’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, NAA must require the student to

repeat each instructional item associated with the failed test and receive authorization 

from NAA to retake the test. NAA must have procedures for documenting and 

tracking compliance with all retesting procedures.
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4. Before exercising the privileges of this exemption, NAA must provide the revised 

procedures to its Certificate Holding District Office for review and approval.

NAA’s request for an exemption from § 65.75(a) to enable NAA 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.

This exemption terminates on February 28, 2018, unless sooner superseded or rescinded.

Issued in Washington, D.C., on February 10, 2016.

/s/

John S. Duncan

Director, Flight Standards Service