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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

SPARTAN COLLEGE of Regulatory Docket No. FAA

- 2012

- 0321

AERONAUTICS and TECHNOLOGY for an exemption from § 65.75(a)

of Title 14 Code of Federal Regulations

PARTIAL GRANT OF EXEMPTION

By letter dated January 15 , 2014

, Mr. Ryan Goertzen, Vice President of Education , Spartan College of Aeronautics and Technology (Spartan), 8820 E. Pine St., Tulsa, OK 74158

, p etitioned the Federal Aviation Administration (FAA) for an extension to Exemption No. 10516 from §65.75 (a) of Title 14 Code of Federal Regulations (14 CFR ). That exemption

, allow s Spartan students enrolled in Spartan’s Part 147 Aviation Maintenance Technic al

School (AMTS) to take the Aviation Mechanic General (AMG), Aviation Mechanic Airframe (AMA) and Aviation Mechanic Powerplant (AMP) written test s after completing the corresponding portion of the curriculum, prior to meeting the experience requirements o f 14

CFR §65.77.

The petitioner request ed relief from the following regulation:

Section 65.77 (a) prescribes, in pertinent part, that e ach applicant for a mechanic certificate or rating must present either an appropriate graduation certificate or certifica te of completion from a certificated aviation maintenance technician school or documentary evidence, satisfactory to the Administrator, of

—

(a) At least 18 months of practical experience with the procedures, practices, materials, tools, machine tools, and equipment generally used in constru cting, maintaining, or altering airframes, or powerplants appropri ate to the rating sought.AFS

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The petitioner support ed its request with the following information:

The petitioner state d

, in its original March 16, 2012

, peti tion that the public interest would be served by allowing AMTS students to take the FAA written test s, covering a body of knowledge immediately following completion of their studies of that material. Spartan stated

s tudent learning will be enhanced and rei nforced by the immediate feedback provided by the testing experience and that t his immediate feedback, coupled with a sense of accomplishment, is expected to encourage students to continue their studies and reduce dropout rates.

The petitioner also state d that a level of safety equal to that provided by this rule would be provided. A procedure is currently in place to identify and report students who are eligible to

take the FAA written, oral

, and practical tests. This information is distributed to the Ok lahoma City F light S tandards D istrict O ffice (FSDO) and the affiliated written test center. The same procedure would be used to identify and report students who would qualify to take the

Aviation Mechanic written tests after the completion of the correspon ding portion of the curriculum. All other requirements governing written testing, including time requirements for licensure completion

, would remain unchanged.

Spartan stated t his petition does not differ materially from others on record, and those reques ts
have been deemed to be in the public interest.

The FAA's analysis is as follows:

The FAA has reassessed the grant of exemption issued to Spartan College of Aeronautics and Technology in light of its request for an extension. We find that the FAA erre d in its decision to grant relief to the extent that it enabled Spartan to administer the airframe and powerplant written tests to students immediately following successful completion of the airframe and powerplant curriculum, before meeting the experience requirements associated with these ratings.

The Petitioner stated that their petition did not differ materially from others on record and those requests have been deemed to be in the public interest. Currently 60 exemptions, representing grant dispositio n are in the FAA Automated Exemption System, for relief of 14 CFR §65.75(a). All of the grants were for the Aviation Mechanic’s General (AMG) written tests only; no exemptions are issued for the Aviation Mechanic’s Airframe (AMA) or

Aviation Mechanic’s Pow erplant (AMP).

In support of granting Exemption No. 10516, the FAA incorrectly referenced Exemption No. 6569 and 8629 when it stated; the FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your peti tion. The Grants of Exemption, No. 6569 and 8629, were granted for the AMG written only.AFS

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In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting th e original exemption however; t he FAA has r eceived only one other petition requesting relief from 14 CFR §65.75(a) to allow all of the Aviation Mechanic written tests (AMG, AMA, AMP) to be taken after completing the corresponding portion of the curriculum, prior to meeting the experience requirements of 14 CFR §65.77. That petition for exemption was from Embry Riddle Aeronautical University (ERAU). On November 20, 1980, ERAU’s exemption, No. 3068, was denied by the FAA because this proposed means of certifi cation of aviation maintenance technicians could be very easily compromised further allowing the AMA and AMP written test to be taken prior to meeting the requirements of § 65.77 could enable the student to aquire a mechanics certificate before meeting the experience requirements.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the relief granted herein would not set a precedent, and any delay in acting on this petition would be det rimental to Spartan.

The FAA’s Decision

In consideration of the f

oregoing, I find that a partial grant of exemption is 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, Spartan College of Aeronautics and Technology is granted an exemption from 14 CFR §65.75(a) to the extent necessary to allow Spartan College to administer the AMG written test to students immediately following successful completion of the g eneral curriculum before meeting the experience requirements of 14 CFR §65.75(a), subject to the conditions and limitations listed below.

The FAA has amended the original exemption in its finding that to allow Spartan College to

administer the AMA and AMP written test to students immediately following successful completion of the general curriculum before meeting the experience r equirements of 14 CFR §65.75(a) is denied

.

Conditions and Limitations

1. Before exercising the privileges of this exemption, Spart an College must provide its operations handbook to its certificate holding district office (CHDO) and receive approval of the operations handbook from the CHDO.

2. Before retesting after failure, Spartan College must require a student to repeat the

entire in structional unit associated with the failed test and receive authorization from Spartan College to retake the test. Spartan College operations handbook must contain procedures for documenting and tracking compliance with all retesting procedures.AFS

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T his exe mption terminates on April 30, 2016 , unless sooner superseded or rescinded.

Issued in Washington, DC, on April 23, 2014

.

/s/

John Barbagallo Acting Duputy Director, Flight Standards