47058 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Rules and Regulations 

1 75 FR 68249 (Nov. 5, 2010). 

2See 75 FR 75649 (Dec. 6, 2010). 

3Those activities are: (1) Performed at least one 

annual inspection for each 90 days that the 

applicant held the current authority; (2) performed 

at least two major repairs or major alterations for 

each 90 days that the applicant held the current 

authority; (3) performed or supervised and 

approved at least one progressive inspection in 

accordance with standards prescribed by the 

Administrator; (4) attended and successfully 

completed a refresher course, acceptable to the 

Administrator, of not less than 8 hours of 

instruction; and (5) passed an oral test by an FAA 

inspector to determine that the applicant’s 

knowledge of applicable regulations and standards 

is current. § 65.93(a). 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 65 

[Docket No. FAA–2010–1060] 

Policy Clarifying Definition of ‘‘Actively 

Engaged’’ for Purposes of Inspector 

Authorization 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of policy; disposition of 

comments. 

SUMMARY: This action clarifies the term 

‘‘actively engaged’’ for the purposes of 

application for and renewal of an 

inspection authorization. It also 

responds to the comments submitted to 

the proposed policy and revises 

portions of that proposal. This action 

amends the Flight Standards 

Management System FAA Order 8900.1. 

DATES: This policy becomes effective 

September 6, 2011. 

FOR FURTHER INFORMATION CONTACT: Ed 

Hall, Aircraft Maintenance General 

Aviation Branch, AFS–350, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (804) 

222–7494 ext. 240; e-mail: 

ed.hall@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 65.91(c) of Title 14 of the 

Code of Federal Regulations sets forth 

the eligibility requirements for obtaining 

an inspection authorization (IA). Among 

other requirements, an applicant must 

‘‘have been actively engaged, for at least 

the two-year period before the date he 

applies, in maintaining aircraft 

certificated and maintained in 

accordance with [FAA regulations].’’ 

Section 65.93(a) sets forth the eligibility 

requirements for renewing an IA and 

incorporates the requirements for 

obtaining one under § 65.91(c)(1)–(4). 

Accordingly, an individual must be 

actively engaged, for at least the prior 

two-year period, in maintaining aircraft 

to be eligible to either obtain or renew 

an IA. 

The FAA provides guidance 

concerning the issuance of IAs in the 

Flight Standards Information 

Management System (FSIMS), FAA 

Order 8900.1, Volume 5, Chapter 5, 

Sections 7 and 8. These sections assist 

aviation safety inspectors (ASIs) in 

evaluating an initial application for an 

IA or an application for renewing an IA 

as well as allow a prospective applicant 

to determine his or her eligibility. IAs 

are issued for two years and expire on 

March 31 of odd-numbered years. 

March 31, 2013, is the next expiration 

date. 

The definition of the term ‘‘actively 

engaged’’ has caused confusion among 

ASIs and aircraft maintenance 

personnel. The term is not defined in 14 

CFR, and its definition in agency 

guidance materials has varied over time. 

In November 2010, the FAA published 

a notice of proposed policy clarifying 

the definition of ‘‘actively engaged’’ for 

the purposes of an IA.1 The notice 

recognized the FAA’s prior inconsistent 

application of the term and the public’s 

misunderstanding of the regulatory 

requirements contained under 

§ 65.91(c)(2). The notice proposed to 

amend FAA Order 8900.1 Volume 5 

Chapter 5 to provide a clearer definition 

of ‘‘actively engaged’’ within FAA 

policy. The FAA reaffirmed 

longstanding policy that an applicant 

who is employed full-time in 

inspecting, overhauling, repairing, 

preserving, or replacing parts on aircraft 

consistently are considered actively 

engaged. For an applicant participating 

in (regardless of employment status) 

maintenance activities part time or 

occasionally, it proposed an ASI would 

use documentation or other evidence 

provided by the applicant detailing the 

maintenance activity to determine 

whether the type of maintenance 

activity performed, considering any 

special expertise required, and the 

quantity of maintenance activity 

demonstrated the applicant was actively 

engaged. The notice also proposed a 

limited carve-out, or relief, for ASIs 

holding an IA that are restricted in the 

type of maintenance they can perform 

due to ethical considerations. 

The comment period closed on 

January 17, 2011, following an 

extension of the comment period.2 The 

FAA considered late-filed comments 

through February 4, 2011. As of that 

date, more than 954 comments had been 

filed. 

Discussion of the Comments and Final 

Policy 

The majority of individual 

commenters believed the FAA was 

engaging in rulemaking rather than 

clarifying an existing rule, and these 

commenters generally were opposed to 

the proposed clarification. Many of 

these commenters expressed the belief 

the IA was a certificate or license, rather 

than an FAA authorization. They 

contended the loss of their IA would 

result in a loss of knowledge that could 

affect their existing or future 

employment as well as lost knowledge 

to the industry in general. Some 

commenters contended a shrinking 

population of IAs would result in 

increased maintenance and inspection 

costs. Incidentally, many of these 

commenters acknowledged they did not 

perform or supervise any maintenance 

activities and previously renewed their 

IA by attending training or through oral 

testing under § 65.93(a)(4)–(5). 

Similarly, several commenters 

expressed the belief that accomplishing 

any of the activities in § 65.93(a)(1) 

through (5) were sufficient for IA 

renewal.3

The FAA believes these comments 

result from a common 

misunderstanding of the IA renewal 

requirements under § 65.93. Section 

65.93 sets forth five activities, at least 

one of which must be completed in the 

first year and at least one of which must 

be completed in the second year, to be 

eligible for renewal of an IA. However, 

§ 65.93(a) also states ‘‘an applicant must 

present evidence * * * that the 

applicant still meets the requirements of 

§ 65.91(c)(1) through (4).’’ Accordingly, 

IA applicants must hold a current 

mechanic’s certificate with both 

airframe and powerplant ratings that has 

been in effect for at least 3 years and 

must have been actively engaged in 

maintaining aircraft for 2 years prior to 

the application. Additionally, IA 

applicants must identify a fixed base of 

operation at which he or she may be 

located in person or by phone during 

normal working hours. This may be a 

residence or place of employment. An 

IA applicant also must have available 

the equipment, facilities, and inspection 

data necessary to properly inspect 

airframes, powerplants, propellers, or 

related parts or appliances. Technical 

data includes type certificate data 

information, airworthiness directives, 

federal regulations, and availability of 

manufacturers’ service or maintenance 

information specific to the inspections 

being performed. Equipment required to 

properly inspect aircraft, powerplants, 

propellers, or appliances includes but 

may not be limited to basic hand tools, 


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compression testers, magneto timing 

lights or disk, and devices applicable to 

determining control surface travels, 

cable tensions, or blade angles as 

applicable during the performance of an 

inspection. Facilities should be 

available to provide proper 

environmental protection of the aircraft, 

powerplant, propeller, or appliance 

being inspected. Consideration should 

be given to any adverse effects by wind, 

rain, temperature, or other inhibiting 

elements on the product being 

inspected. 

The FAA disagrees with commenters’ 

contention that the IA is a certificate or 

rating. The FAA consistently has held 

the IA is an authorization. The FAA also 

rejects the contention that employment 

would be affected because employers 

reasonably expect the FAA to ensure 

regulatory compliance and expect a 

person holding an IA has met all FAA 

requirements to hold that authorization. 

Many commenters were concerned 

ASIs would evaluate individuals 

engaging in maintenance activities part 

time or occasionally in a subjective or 

inconsistent manner. These commenters 

request further clarification of part-time 

or occasional engagement to promote 

consistency and standardization. A 

commenter suggests any clarification 

specifically address individuals engaged 

in personal aircraft maintenance, retired 

mechanics providing occasional or relief 

maintenance, individuals providing 

maintenance in rural areas, and 

individuals offering specialized 

expertise in electrical, composites, and 

rare or vintage aircraft. 

The FAA recognizes and values 

individuals with experience in wood 

structures, steel tubing, fabric coverings, 

radial engines, ground adjustable 

propellers, aging aircraft, and the fatigue 

inspection issues associated with these 

aircraft. The FAA also values the 

experience of individuals who are 

available on a part-time or occasional 

basis to inspect vintage or rare aircraft 

or aircraft that may be located in rural 

areas of the country not serviced by an 

abundance of IAs. The FAA does not 

intend to eliminate eligibility or renewal 

opportunities of these individuals. 

Accordingly, the FAA has adopted a 

broad definition of ‘‘actively engaged’’ 

to include not only part-time 

employment but also occasional 

activity, which does not require 

employment and can occur on an 

infrequent basis. The FAA believes it 

problematic to list every situation that 

could be considered actively engaged, 

and that approach may exclude 

situations that an ASI would determine 

meets the regulatory requirements. 

Additionally, as indicated in the 

proposed policy, the FAA values the 

substantive nature of experience rather 

than a strict quantity formula. 

The FAA has concluded that 

requiring ASIs to evaluate evidence or 

documentation provided by the 

applicant will facilitate a consistent 

review because the ASI will have more 

than the applicant’s self-certification to 

make the determination. This 

documentation, when required, could 

include records showing performance or 

supervision of aircraft maintenance, 

return to service documents, and copies 

of maintenance record entries. The FAA 

expects documentation will establish an 

applicant’s continued contributions to 

the aviation industry and ability to 

demonstrate compliance with 

65.91(c)(1)–(4). 

Many commenters, including several 

associations, requested the definition of 

actively engaged include supervision, 

either technical or in an executive 

capacity, of maintenance or alteration of 

aircraft because supervision meets the 

recency of experience requirements for 

an airframe and powerplant (A & P) 

certificate. Some commenters also 

requested actively engaged includes 

full-time instruction under part 147 and 

employment directly related to 

airworthiness (such as, technical 

representative, maintenance sales, 

maintenance coordinator, and 

maintenance auditor). 

The FAA agrees that supervision of 

maintenance activities provides the 

same sort of experience the actively 

engaged requirement was intended to 

require. For that reason, the FAA will 

include technical supervision and 

supervision in an executive capacity on 

either a full-time, part-time, or 

occasional basis in the definition of 

actively engaged. The FAA previously 

determined involvement solely in an 

academic environment is not actively 

engaged. However, a technical 

instructor or part 147 school instructor 

may maintain aircraft or supervise the 

maintenance of aircraft in addition to 

instruction, in which case the instructor 

could be considered actively engaged. 

Individuals employed as a 

manufacturer’s technical representative, 

maintenance coordinator, or 

maintenance auditor also could be 

considered actively engaged depending 

on the activity demonstrated. Without a 

better understanding of duties involved, 

it is unclear whether an individual 

involved in maintenance sales could 

demonstrate inspecting, overhauling, 

repairing, preserving, or replacing parts 

on an aircraft, or supervising those 

activities. 

Several commenters contended the 

carve-out for ASIs renewing an IA was 

inconsistent with the definition of 

actively engaged. One commenter 

contended an ASI should be required to 

meet the hands-on experience required 

of other applicants. 

As stated in the proposed policy, FAA 

Order 8900.1 restricts the types of 

maintenance that ASIs can perform 

because of ethical concerns, and the 

FAA does not intend for ASIs to be 

prejudiced because of their employment 

restrictions. The FAA does not intend to 

change its policy regarding an ASI 

holding an IA by virtue of the ASI 1825 

job description and resulting ASI 

responsibilities. An ASI retains the 

ability to maintain a personally-owned 

aircraft or aircraft owned by another ASI 

in meeting the actively engaged 

definition. Additionally, an ASI’s job 

description requires continuous 

determinations of conformity to aircraft, 

engine, and propeller type certificates; 

adherence to manufacturers’ 

maintenance requirements or inspection 

requirements; compliance with 

Airworthiness Directives; and the actual 

issue of recurrent and original 

airworthiness certificates. Further, an 

ASI accomplishes or oversees export 

certificate issuance requirements, 

oversees maintenance record entries for 

stated special airworthiness certificate 

issuance, oversees determinations of 

major repair/alteration requirements on 

FAA form 337, and oversees the 

determination of appropriate 

maintenance record entries. These job 

functions parallel the supervision in a 

technical or executive capacity and 

therefore these activities could be 

considered when determining whether 

the ASI has been actively engaged. After 

considering the comments, the FAA 

does not adopt an ASI carve-out because 

it anticipates ASIs would be able to 

demonstrate they are actively engaged 

under the policy as would any applicant 

supervising maintenance in a technical 

or executive capacity. 

Several commenters, including 

associations, expressed concern that 

FAA Order 8900.1 lacked a specific 

appeal process for applicants denied the 

initial or renewal IA because of an ASI’s 

determination that the applicant was 

not actively engaged. 

Because the issuance or renewal of an 

IA is not a certificate action, the FAA 

does not have a formal appeal process. 

However, an action on an IA application 

could be addressed through the 

Aviation Safety Consistency and 

Standardization Initiative (CSI), which 

requires review of a questioned or 

disputed action at every level of the 

AVS management chain. 

One commenter contended there 

should be no actively engaged 


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47060 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Rules and Regulations 

requirement for an initial or renewal IA. 

Another commenter suggested the 

period of active engagement should be 

extended from two to four years. 

These comments are beyond the scope 

of the policy clarification because they 

would require rulemaking. 

Nevertheless, the FAA views the 

actively engaged requirement as 

providing maintenance experience 

relevant to conducting inspections. 

Similarly, the two-year period provides 

the recency of experience in 

maintenance performance or 

supervision necessary to conduct 

inspections. 

The FAA has determined to make this 

policy effective for the next renewal 

cycle in March 2013 to allow IAs and 

ASIs adequate time to participate in the 

required activity. The FAA will update 

FAA Order 8900.1 accordingly. 

Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration will 

revise FAA Order 8900.1, Volume 5, 

Chapter 5 as follows: 

1. Amend Section 7, Paragraph 5– 

1279 by adding a Note after 

subparagraph A to read: 5–1279 

ELIGIBILITY. The ASI must establish 

the applicant’s eligibility before 

allowing the applicant to test. None of 

the requirements of Title 14 of the Code 

of Federal Regulations (14 CFR) part 65, 

§ 65.91 can be waived by the ASI. 

A. The applicant must hold a current 

mechanic’s certificate, with both 

airframe and powerplant ratings, that 

has been in effect for at least 3 years. 

The applicant must have been actively 

engaged in maintaining certificated 

aircraft for at least the 2-year period 

before applying. 

Note: Actively engaged means an active 

role in exercising the privileges of an 

airframe and powerplant 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. The ASI may 

use evidence or documentation provided by 

the applicant showing inspection, 

overhauling, repairing, preserving, or 

replacing parts on aircraft or supervision of 

those activities. This evidence or 

documentation when required could include 

employment records showing performance or 

supervision of aircraft maintenance, return to 

service documents and or copies of 

maintenance record entries. 

Technical instructors or individuals 

instructing in a FAA part 147 approved AMT 

school, who also engage in the maintenance 

of aircraft certificated and maintained in 

accordance with 14 CFR, can be considered 

actively engaged. Individuals instructing in a 

FAA part 147 AMT school, who also engage 

in the maintenance of aircraft-related 

instruction equipment maintained in 

accordance with 14 CFR standards, can be 

considered actively engaged. 

B. There must be a fixed base of 

operation at which the applicant can be 

located in person or by telephone. This 

base need not be the place where the 

applicant will exercise the inspection 

authority. 

C. The applicant must have available 

the equipment, facilities, and inspection 

data necessary to conduct proper 

inspection of airframes, powerplants, 

propellers, or any related part or 

appliance. This data must be current. 

D. The applicant must pass the IA 

knowledge test, testing the ability to 

inspect according to safety standards for 

approval for return to service of an 

aircraft, related part, or appliance after 

major repairs or major alterations, and 

annual or progressive inspections 

performed under part 43. There is no 

practical test required for an IA. 

Note: The ASI should see paragraph 5– 

1285 for instructions on determining an 

applicant’s eligibility. 

2. Amend Section 8, Paragraph 5– 

1309 by adding a Note after 

subparagraph (A)(1) to read: 

5–1309 RENEWAL OF INSPECTION 

AUTHORIZATION. 

A. Application Requirements. 

Application for renewal may be 

required to comply with the following: 

(1) Show evidence the applicant still 

meets the requirements of § 65.91(c)(1) 

through (4). 

Note: Refer to Paragraph 5–1279(A)–(C) of 

this document for information on meeting 

§ 65.91(c)(1) through (4) requirements. 

Refresher training attendance alone does not 

satisfy those requirements. 

(2) Complete Federal Aviation 

Administration (FAA) Form 8610–1, 

Mechanic’s Application for Inspection 

Authorization, in duplicate. 

(3) Show evidence the applicant 

meets the requirements of § 65.93(a) for 

both the first and second year in the 

form of an activity sheet or log, training 

certificates, and/or oral test results, as 

applicable. 

Issued in Washington, DC, on July 28, 

2011. 

John S. Duncan, 

Acting Director, Flight Standards Service. 

[FR Doc. 2011–19741 Filed 8–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0012; Airspace 

Docket No. 10–ASO–44] 

Amendment of Class D and Class E 

Airspace; Columbus Lawson AAF, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class D 

and Class E airspace at Lawson Army 

Airfield (AAF), Columbus, GA, by 

removing the reference to the Columbus 

Metropolitan Airport Class C airspace 

area from the description. Controlled 

airspace at Columbus Metropolitan 

Airport is being downgraded due to 

decreased air traffic volume. This action 

is necessary for the safety and 

management of air traffic within the 

National Airspace System. This action 

also updates the geographic coordinates 

of Columbus Lawson AAF. 

DATES: Effective 0901 UTC, October 20, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On May 24, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to modify 

Class D and E airspace at Lawson Army 

Airfield (AAF), Columbus, GA by 

removing the reference to the Columbus 

Metropolitan Airport Class C airspace 

area from the description, and 

modifying the geographic coordinates of 

Lawson AAF (76 FR 30045) Docket No. 

FAA–2011–0012. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class D 

and E airspace designations are 

published in paragraph 5000 and 6002, 

respectively, of FAA Order 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 


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