AFS-14-116-E

Exemption No. 10516A

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, 

petitioned 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,

allows Spartan students enrolled in Spartan’s Part 147 Aviation Maintenance Technical 

School (AMTS) 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, prior to meeting the experience requirements of 14 

CFR §65.77.

The petitioner requested relief from the following regulation:

Section 65.77(a) prescribes, in pertinent part, that each applicant for a mechanic certificate or 

rating must present either an appropriate graduation certificate or certificate 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 constructing, maintaining, or altering 

airframes, or powerplants appropriate to the rating sought.
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The petitioner supported its request with the following information:

The petitioner stated, in its original March 16, 2012, petition that the public interest would be 

served by allowing AMTS students to take the FAA written tests, covering a body of 

knowledge immediately following completion of their studies of that material. Spartan stated 

student learning will be enhanced and reinforced by the immediate feedback provided by the 

testing experience and that this immediate feedback, coupled with a sense of accomplishment, 

is expected to encourage students to continue their studies and reduce dropout rates.

The petitioner also stated 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 Oklahoma 

City Flight Standards District Office (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 corresponding portion of the 

curriculum. All other requirements governing written testing, including time requirements for 

licensure completion, would remain unchanged.

Spartan stated this petition does not differ materially from others on record, and those requests 

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 erred 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 disposition 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 Powerplant (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 petition. The Grants of Exemption, 

No. 6569 and 8629, were granted for the AMG written only. 
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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 the original exemption 

however; the FAA has received 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 certification 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 detrimental to Spartan.

The FAA’s Decision

In consideration of the foregoing, 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 general 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 requirements of 14 CFR 

§65.75(a) is denied.

Conditions and Limitations

1. Before exercising the privileges of this exemption, Spartan 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 instructional 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.
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This exemption 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