AFS-15-2881-E September 24, 2015

Exemption No. 10886A Regulatory Docket No. FAA-2013-0808

Mr. Timothy P. Kissel

Vice President of Education MIAT College of Technology 2955 S. Haggerty Road Canton, MI 48188

Dear Mr. Kissel:

This letter is to inform you that we have partially extended Exemption No. 10886. It explains the basis for our decision, describes its effect, and lists the conditions and limitations, including the date it ends.

The Basis for Our Decision

By letter dated June 18, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of the MIAT College of Technology (MIAT) for an extension of Exemption No. 10886. That exemption from § 65.75(a) of Title 14, Code of Federal Regulations (14 CFR) allows MIAT to administer the Aviation Mechanic General (AMG) written test to students immediately following successful completion of the general curriculum, prior to meeting the experience requirements of 14 CFR § 65.77.

The FAA has determined that good cause exis ts for not publishing a summary of the petition in the Federal Register because the requested amendment of the exem ption would not set a precedent.2

Our Decision

The FAA is in the process of withdrawing or amending all previously granted exemptions to 14 CFR § 65.75(a), which enabled certain Aviation Maintenance Technician Schools (AMTSs) to administer the AMG, Aviation Mechanic Airframe (AMA), and Aviation Mechanic Powerplant (AMP) written tests immediately following a student’s successful completion of the corresponding curricula. The FAA’s new and revised exemptions will only permit an AMTS to authorize students to take the AMG examination immediately after completing the corresponding curriculum, but will not allow students to take the AMA or AMP examinations before completing the corresponding curricula.

In consideration of the foregoing, I find in the present case that a partial grant of exemption is in the public interest. Specifically, certain conditions and limitations have been included in this exemption to ensure an equivalent level of safety with 14 CFR § 65.75(a). The conditions and limitations require MIAT to develop written testing procedures, include those procedures in its operating document or manual, and obtain approval of those procedures from its Certificate Holding District Office (CHDO) to ensure that MIAT’s educational program and curricula continue to meet FAA regulatory standards.

The additional conditions and limitations of this exemption also require that MIAT must retrain any student on the specific instructional items associated with a failed AMG test and authorize the student to retake the test. This would be applicable prior to any MIAT retesting of a student who has failed the AMG test and who also does not meet the experience requirements of 14 CFR § 65.77.

To be clear, any student who is eligible to take the AMG test on the basis of his or her own experience, and who does not need to rely on this exemption, may retrain according to 14 CFR § 65.19 - including with any appropriately certificated airmen. However, this exemption also creates a population of students who do not satisfy the 14 CFR § 65.77 experience requirements and who are eligible to retake the AMG test only because of the exemption granted to MIAT. To maintain an equivalent level of safety, this exemption requires MIAT to retrain those students itself, using its written procedures, its FAA-approved curricula, and in accordance with the FAA’s AMTS standards, in cluding the quality of instruction standards, codified in 14 CFR § 147.38(a).

The FAA has determined that the justification for the issuance of Exemption No. 10886 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I grant MIAT College of Technology an exemption from 14 CFR § 65.75(a) to administer the AMG written test to students immediately following successful completion of the general curriculum, prior to meeting the experience requirements of 14 CFR § 65.77, subject to the conditions and limitations listed below.3

Conditions and Limitations

1. MIAT must develop written procedures for administering the AMG written test following successful completion of the general curriculum.

2. MIAT must ensure these procedures are available for use in its 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, MIAT must require the student to repeat each instructional item associated with the failed test and receive authorization from MIAT to retake the test. MIAT must have procedures for documenting and tracking compliance with all retesting procedures.

4. Before exercising the privileges of this exemption, MIAT must provide revised procedures to its CHDO for review and approval.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10886, as amended, to October 31, 2017, unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo Deputy Director, Flight Standards Service