Revision of Certification Requirements: Mechanics and Repairmen; Proposed Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This notice proposes to amend the Federal Aviation Regulations

(FAR) that prescribe the certification and training requirements for

mechanics and repairmen. Current regulations prescribing these

certification requirements do not reflect the significant technological

advances that have occurred in the aviation industry and the

enhancements in training and instructional methods that have affected

all aviation maintenance personnel. The proposed rule would consolidate

and clarify all certification, training, experience, and currency

requirements for aviation maintenance personnel in a newly established

Part 66 of the FAR. The proposal would enhance aviation safety by

establishing new training programs for aviation maintenance personnel

and would decrease the regulatory burden on these personnel by

providing alternatives for meeting experience and currency

requirements. The proposed rule would enhance the technical

capabilities and increase the level of professionalism among aviation

maintenance personnel. All proposals are based on recommendations

developed by the Aviation Rulemaking Advisory Committee (ARAC).

DATES: Comments must be submitted on or before October 17, 1994.

ADDRESSES: Comments on this notice should be mailed, in triplicate, to:

Federal Aviation Administration, Office of the Chief Counsel,

Attention: Rules Docket (AGC-10), Docket No. 27863, 800 Independence

Avenue SW., Washington, DC 20591. Comments delivered must be marked

Docket No. 27863. Comments may be examined in Room 915G weekdays

between 8:30 a.m. and 5 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Leslie K. Vipond, AFS-302, Aircraft Maintenance Division, Flight

Standards Service, Federal Aviation Administration, 800 Independence

Avenue SW., Washington, DC 20591, telephone (202) 267-3269.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the

proposed rule by submitting such written data, views, or arguments as

they may desire. Comments relating to the environmental, energy,

federalism, or economic impact that might result from adopting the

proposals in this notice are also invited. Substantive comments should

be accompanied by cost estimates, if appropriate. Comments should

identify the regulatory docket or notice number and should be submitted

in triplicate to the Rules Docket address specified above. All comments

received on or before the closing date for comments specified will be

considered by the Administrator before action is taken on this proposed

rulemaking. The proposals contained in this notice may be changed in

light of comments received. All comments received will be available,

both before and after the closing date for comments, in the Rules

Docket for examination by interested persons. A report summarizing each

substantive public contact with FAA personnel concerned with this

rulemaking will be filed in the docket. Commenters wishing the FAA to

acknowledge receipt of their comments submitted in response to this

notice must include a preaddressed, stamped postcard on which the

following statement is made: ``Comments to Docket No. 27863.'' The

postcard will be date stamped and mailed to the commenter.

Availability of NPRMs

Any person may obtain a copy of this NPRM by submitting a request

to the Federal Aviation Administration, Office of Public Affairs,

Attention: Public Inquiry Center, APA-220, 800 Independence Avenue,

SW., Washington, DC 20591, or by calling (202) 267-3484. Communications

must identify the notice number of this NPRM.

Persons interested in being placed on the mailing list for future

NPRMs should request from the above office a copy of Advisory Circular

(AC) No. 11-2A, Notice of Proposed Rulemaking Distribution System,

which describes the application procedure.

Background

In keeping with the FAA's policy of reviewing and upgrading

regulations to ensure that they are consistent with changes in the

aviation environment, the FAA is conducting a two-phase regulatory

review to amend Part 65, Subparts D and E (14 CFR Part 65) of the FAR,

which pertain to mechanics, mechanics holding inspection

authorizations, and repairmen. Since the recodification requirements

for these airmen has not been accomplished and few significant

revisions to the subparts have been made. However, numerous

technological advances in the aviation industry, recent FAA and

international regulatory activities, concerns over aging aircraft, and

enhancements in training methods have significantly affected all

aspects of maintenance operations. Additionally, various and often

conflicting interpretations of the existing regulations periodically

have resulted in confusion among the airmen for whom this part was

intended. Because of these factors, the FAA has instituted this

complete regulatory review of Part 65, Subparts D and E.

In November 1989, a joint industry/FAA Part 65 review group was

formed to evaluate and review certification requirements for mechanics

and repairmen. The review group's objective was to develop and present

a unified position on Part 65. The group comprised representatives from

several aviation associations and was coordinated by the Professional

Aviation Maintenance Association (PAMA). FAA interests were represented

by the Aircraft Maintenance Division (AFS-300) of the FAA.

The review group conducted a series of panel discussions throughout

the United States and, as a result, drafted the Industry/FAA Part 65

Review Group Working Paper, which was published on January 31, 1991.

This paper presented the issues of general agreement within the review

group and also presented those issues that the group believed would

require further discussion.

Further impetus for the Part 65 review came with ARAC's

establishment. The ARAC charter became effective on February 5, 1991.

ARAC was established to assist the FAA in the rulemaking process by

providing input from outside the Government on major regulatory issues

affecting aviation safety. ARAC includes representatives of air

carriers, manufacturers, general aviation, labor groups, universities,

associations, airline passenger groups, and the general public. Under

the framework provided by ARAC, the previously established Part 65

review group became a working group of ARAC. ARAC's formation has given

the FAA additional opportunities to solicit information directly from

significantly affected parties who meet and exchange ideas about

proposed rules and existing rules that should either be revised or

eliminated.

The issues agreed upon by the review group in the January 31, 1991,

working paper and the consensus achieved at subsequent meetings of the

Part 65 working group have become the basis for the changes proposed in

this NPRM, which constitute phase I of the Part 65 regulatory review.

The issues that require further discussion and agreement by the members

of the working group (such as the evaluation of any potential for

additional certificates and ratings and the expansion of aviation

repair specialist privileges) will become the basis for phase II of the

regulatory review and a subsequent NPRM.

In support of this regulatory review, the FAA completed a

historical review of Part 65, Subparts D and E, on October 22, 1991.

This review revealed that there have been 17 amendments (1 of which was

rescinded), 3 petitions for rulemaking, and 100 exemption actions to

these subparts since recodification. In addition, one accident, the

Aloha Airlines Boeing 737 structural failure on April 28, 1988,

generated National Transportation Safety Board (NTSB) recommendations

related to these subparts.

The three petitions for rulemaking addressed issues associated with

establishing certificates and ratings for avionics and instrument

technicians, recertifying mechanics, and allowing applicants for

mechanic certificates who desire to qualify on the basis of experience

and have not graduated from an approved Part 147 aviation maintenance

technician school to take the oral and practical tests for a

certificate or rating before completing the required written tests.

The majority of requests for exemption, FAA policy letters, and

legal interpretations regarding mechanics pertained to inspection

authorization renewal or the general eligibility and experience

requirements. The majority of actions concerning repairmen involved

certificate privileges and limitations.

The FAA also conducted a survey of FAA regional offices on the

certification of mechanics, holders of inspection authorizations, and

repairmen during 1991. A copy of this survey has been placed in docket

number 27863. The survey questions were derived from issues that

surfaced during FAA participation in listening sessions with aviation

industry associations and the International Civil Aviation Organization

(ICAO) Aircraft Maintenance Engineer Licensing Panel and from issues

identified in legal interpretations, petitions for exemption, petitions

for rulemaking, and enforcement actions.

Results of this survey showed clear support for: (1) replacing the

term ``mechanic'' with ``aviation maintenance technician''; (2)

developing a system for granting additional privileges and limitations

for mechanics; (3) encouraging additional FAA participation with ICAO

and other aviation authorities to standardize training and

certification of maintenance personnel; (4) using aviation maintenance

instructor experience to satisfy recent experience requirements; (5)

clarifying Sec. 65.75(b), written test requirements; (6) adding

``facsimile'' to Sec. 65.16; and (7) developing a separate certificate

or rating for balloon repairmen. The majority of the respondents

supported changes in the English-language requirements for both

mechanics and repairmen, the continued acceptance of military aircraft

maintenance experience as the basis for airframe and powerplant

mechanic certification, and changing the units of time used in

Sec. 65.77 to designate experience requirements for mechanics from

months to hours.

General Discussion of the Proposal

The proposals developed during phase I of the Part 65 regulatory

review and set forth in this NPRM cover a broad range of issues

affecting the certification of aviation maintenance personnel. The

proposals included in this NPRM would: (1) establish a separate part

for aviation maintenance personnel; (2) remove gender-specific terms

from the current regulation; (3) change the term ``mechanic'' to

``aviation maintenance technician''; (4) change the term ``repairman''

to ``aviation repair specialist''; (5) establish the equivalency of the

aviation maintenance technician and aviation repair specialist

certificates with current certificates; (6) allow facsimiles to be used

in the process of replacing lost or destroyed aviation maintenance

technician and aviation repair specialist certificates; (7) require

applicants to demonstrate English-language proficiency by reading and

explaining appropriate maintenance publications and by writing defect

and repair statements; (8) discontinue the certification of aviation

maintenance personnel who are employed outside the United States and

are not proficient in the English language; (9) require all aviation

maintenance technician applicants to pass a written test that would

examine their knowledge of all applicable maintenance regulations; (10)

clarify the requirement that each applicant for an aviation maintenance

technician certificate pass all sections of the written test before

applying for oral and practical tests; (11) recognize new computer-

based testing methods; (12) specify all experience requirements in

hours instead of months; (13) establish a basic competency requirement

for aviation maintenance technicians; (14) allow aviation maintenance

technicians to use equipment-specific training as an additional means

to qualify for the exercise of certificate privileges; (15) permit

aviation maintenance instructors to use instructional time to satisfy

currency requirements; (16) establish training requirements for

aviation maintenance technicians who desire to use their certificates

for compensation or hire; (17) extend the duration of an inspection

authorization from 1 to 2 years; and (18) expand the renewal options

available to the holder of an inspection authorization.

This preamble addresses the proposed changes through a discussion

of the principal issues and in a section-by-section general analysis of

the proposed rule.

Principal Issues

Establishment of a Separate Subpart for Aviation Maintenance Personnel

The FAA proposes to establish a new Part 66 under the title,

Certification: Aviation Maintenance Technicians and Aviation Repair

Specialists. This new part would be created by removing Subparts D

(Mechanics) and E (Repairmen) from the current Part 65 and using these

existing subparts as the nucleus for the newly created Subparts B

(Aviation Maintenance Technicians) and C (Aviation Repair Specialists)

under Part 66. The sections of the current Part 65 Subpart A (General)

that apply only to aviation maintenance personnel would be included in

Subpart A of the proposed Part 66.

In addition to regulating the certification requirements for

aviation maintenance personnel, Part 65 also currently regulates the

certification of airmen such as aircraft dispatchers, air traffic

controllers, and parachute riggers, whose certification requirements

and duties differ markedly from those of aviation maintenance

personnel. Currently, there are more than 145,000 certificated

mechanics and repairmen. The number of certificated aviation

maintenance personnel is second only to the number of certificated

pilots. Aviation maintenance personnel work in all aspects of the

aviation environment, perform tasks vastly different from those

performed by other airmen, and are affected by training and currency

requirements that are substantially more extensive than those affecting

other airmen currently regulated by Part 65.

The aviation maintenance sector is one of the most complex sectors

of the aviation community and all aviation maintenance personnel must

possess many technical skills. The addition of this part to the FAR is

warranted because of the complexity of the certification and training

requirements affecting aviation maintenance personnel. In addition, the

certification requirements for aviation maintenance personnel are

expanding under this proposed rule, and additional certificates and

ratings are proposed for creation under phase II of the regulatory

review.

Removal of Gender-Specific Terms

In accordance with the FAA's policy of implementing gender-neutral

regulations and maintaining conformity with other recently revised

airman certification regulations that are now gender-neutral, and in

view of the increased role of women in the aviation maintenance

profession, the FAA proposes to eliminate all gender-specific

references in current Part 65 and proposed Part 66. These changes are

reflected in the proposed amendment; however, specific changes are not

listed in the section-by-section general analysis.

Redesignation of the Term ``Mechanic''

Because of changes in aircraft technology, the amount of

specialized training required to perform aviation maintenance has

increased significantly since the introduction of the term

``mechanic.'' The highly complex and technical field of contemporary

aviation maintenance requires substantially more than the manual skills

typically associated with individuals classified as mechanics. The FAA

asserts that the term ``aviation maintenance technician'' more

completely describes the type of skills necessary to maintain today's

complex aircraft and more accurately reflects the level of

professionalism found in the aviation maintenance industry.

Additionally, adoption of the term ``aviation maintenance technician''

would standardize terminology throughout the aviation industry and make

Part 66 consistent with Part 147 of the FAR (which regulates Aviation

Maintenance Technician Schools), aviation maintenance trade

publications, and many ICAO member states. These changes are reflected

in the proposed amendment, however, specific changes have not been

listed in the section-by-section general analysis.

Redesignation of the Term ``Repairman''

In view of the specialized nature of aviation maintenance tasks

performed by currently certificated repairmen, the FAA proposes that

the term ``aviation repair specialist'' replace the current term

``repairman.'' The FAA contends that the term ``aviation repair

specialist'' more accurately reflects the level of expertise required

to maintain today's highly complex aviation systems. In addition, the

use of the term ``aviation repair specialist'' would serve to increase

the level of professionalism among aviation maintenance personnel.

Adoption of the term would also be consistent with the FAA's policy of

implementing gender-neutral regulations. These changes are reflected in

the proposed amendment; however, specific changes have not been listed

in the section-by-section general analysis.

Equivalency of Ratings

Any valid mechanic or repairman certificate would be equivalent to

an aviation maintenance technician or aviation repair specialist

certificate, respectively. After implementation of this regulation, the

holder of a current mechanic or repairman certificate may continue to

exercise the privileges of the corresponding aviation maintenance

technician or aviation repair specialist certificate and may exchange a

current mechanic or repairman certificate for an aviation maintenance

technician or aviation repair specialist certificate respectively.

Phase I of the regulatory review does not create additional

certificates or ratings.

Replacement of Lost or Destroyed Certificates by Facsimile

The proposal would revise current procedures by permitting an

airman who has lost a certificate issued under proposed Part 66 to

request a facsimile of the certificate from the FAA as confirmation of

the certificate's original issuance. The proposal would also allow any

request to the FAA to be made by facsimile and would permit the FAA to

send directly to the airman a facsimile that the airman may carry as

proof of the original certificate's issuance for a period not to exceed

60 days. Adoption of the proposed change would make the rule consistent

with current practices implemented by the Airman Certification Branch

(AVN-460) at the Aviation Standards National Field Office in Oklahoma

City. Current regulations specify the use of telegrams only.

This change reflects advancements in communications technology and

would speed access to FAA services by permitting the use of other

means, such as telephone facsimile or computer modem, to obtain a

replacement certificate. The use of these means would speed the

replacement of lost certificates to the airman, thereby decreasing the

time during which the airman may not exercise the privileges of a

certificate of rating. Similar provisions are under consideration for

adoption in other parts of the FAR.

Demonstration of English-Language Proficiency and Removal of Exception

Criteria for Applicants Employed Outside the United States Who Are Not

Proficient in the English Language

The proposal would require an applicant for an aviation maintenance

technician certificate or aviation repair specialist certificate to

read, write, speak, and understand the English language, as is

currently required for applicants desiring to exercise the privileges

of the certificate within the United States. The proposal would require

the applicant to demonstrate this knowledge by reading and explaining

appropriate maintenance publications and by writing defect and repair

statements. The proposal also would eliminate the issuances of

certificates to individuals who cannot meet this requirement and are

employed solely outside the United States by a certificated U.S. repair

station, or a certificated U.S. air carrier.

This proposal recognizes the highly technical nature of aviation

maintenance in today's aviation industry. Proficiency with the general

terminology of the English language is not sufficient to ensure the

competency of an aviation maintenance technician or repair specialist.

The individual must be able to understand and master the complex and

often very specialized language of airworthiness instructions and other

terminology associated with the maintenance of highly sophisticated

aviation equipment. In operations conducted at certificated U.S. air

carriers, certificated U.S. commercial operators, and U.S.-certificated

repair stations, the vast majority of technical information is conveyed

in the English language. The FAA has determined that the proposed rule

would guarantee a level of competency that would ensure that an

applicant for either certificate is able to use all relevant

maintenance publications effectively.

The FAA also proposed that the current exception, which permits the

certification of mechanics (aviation maintenance technicians) who are

employed outside the United States and are not proficient in the

English language, be deleted. The current airframe, powerplant, and

general written tests for mechanics are all written in the English

language. Applicants taking these tests must be proficient in the

English language to complete these examinations successfully;

therefore, the exception is not necessary.

Although repairmen (aviation repair specialists) are not required

to take written tests, these individuals also work in environments that

require more than mere proficiency in the English language. Because the

FAA does not certify repairmen working under U.S.-certificated foreign

repair stations and because of the need for all certificated repairmen

to understand technical material written in English, the FAA also

proposed that all repairmen (aviation repair specialists) demonstrate

proficiency in the English language and that the exception allowing

individuals who are not proficient in the English language to be

certificated to work only outside the United States be deleted.

Current holders of a mechanic or repairman certificate, who do not

meet the English language requirement and are employed outside of the

United States by a certificated U.S. air carrier or a certificated U.S.

repair station, would continue to exercise the privileges of their

certificate without a further showing of competency. Their certificates

would remain endorsed ``Valid only outside of the United States.''

Establishment of a Requirement for Aviation Maintenance Technicians To

Pass a Written Test on all Applicable Provisions of Chapter 14

Current regulations require an applicant for a mechanic (aviation

maintenance technician) certificate to pass a written test that

includes the applicable provisions of Parts 43 and 91 of this chapter.

Because contemporary maintenance operations require the applicant to

understand certification and maintenance regulations other than those

found solely in Parts 43 and 91, the FAA proposes amending the

knowledge requirements for the certificate to require an applicant to

pass a written test on the applicable provisions of the entire chapter.

Clarification of Requirement To Pass all Sections of the Written Test

Before Applying for the Oral and Practical Tests

There has been some confusion among applicants for the mechanic

(aviation maintenance technician) certificate who are not enrolled at

Part-147-approved aviation maintenance technician schools regarding the

language of Sec. 65.75(b). This section requires an individual to pass

each section of the written test before applying for the oral and

practical tests prescribed by Sec. 65.79. The FAA believes that it is

essential that the applicant display knowledge of the equipment and

procedures to be used by the applicant before the oral and practical

tests are given. The applicant must possess adequate knowledge before

being permitted to take the oral and practical tests, because it is

this knowledge that enables an applicant to solve practical problems

and demonstrate the ability to perform the work of a certificated

aviation maintenance technician. In addition, when taking an oral or

practical test, an applicant for a certificate must handle complex

equipment; a lack of knowledge about the use of that equipment could

injure the applicant or others. Therefore, the FAA has clarified the

current requirement by proposing amendatory language that would require

all applicants, except students at an approved Part 147 aviation

maintenance school, to pass all sections of the written test before

applying for the oral and practical tests.

Recognition of New Written Testing Methods

In the area of written testing, the FAA recognizes recent

developments in training and testing technology. Because the results of

some written tests, such as those from recently approved computer-based

testing, can be made immediately available to the applicant, the FAA

proposes that a report of the written test be made available, as

opposed to sent, to an applicant who has taken the examination using

computer-based testing.

Specification of Experience Requirements in Hours

The FAA proposes that experience requirements for aviation

maintenance personnel, currently expressed in months, be expressed in

an equivalent number of hours. A change to the hourly experience

requirements would give the FAA and the aviation industry a simpler

method of measuring and verifying work experience. The proposed

revision also would enable aviation maintenance personnel working in

part-time positions to better quantify their work experience. FAA Order

8300.10, Airworthiness Inspector's Handbook, currently permits the

practice of measuring part-time experience requirements in hours. The

proposed rule would expand this current practice by measuring both

part-time and full-time experience in hours. Equivalent levels of full

time experience are: 6 months/1000 hours; 18 months/3000 hours; 30

months/5000 hours.

Establishment of Basic Competency Requirements

Currently Sec. 65.79, Skill requirements, requires an applicant for

a mechanic certificate to pass an oral and practical test covering the

applicant's skills in performing practical projects covered by the

written test. Because of the complexity of current aviation maintenance

operations, the FAA proposes to establish a broad-based competency

requirement in Sec. 66.79 that encompasses more than the skill

requirements included in the current regulation.

Current interpretations of the existing regulation tend to

emphasize the evaluation of basic skills that often concentrate solely

on tasks involving manual dexterity. Although mastery of these basic

skills is invaluable, the FAA asserts that a more comprehensive level

of competency, based on current aviation maintenance practices, is

required of aviation maintenance technicians. The proposed rule would

expand the evaluation of aviation maintenance technician applicants to

include a demonstration of competency in technical tasks and aircraft

maintenance more appropriate to the current aviation environment and

the certificate and rating sought.

Use of Equipment-Specific Training to Qualify for Certificate

Privileges

Through the use of equipment-specific training, the proposal would

provide the holder of an aviation maintenance technician certificate

with an additional means to remain qualified to approve and return to

service any aircraft, appliance, or part for which that person is rated

and to supervise the maintenance, preventive maintenance, alteration,

and return to service of these aircraft, appliances, and parts.

Under the current regulation, a certificate holder may supervise

maintenance operations or approve and return to service an aircraft,

appliance, or part if the certificate holder has: (1) previously

performed the work; (2) performed the work to the satisfaction of the

Administrator; or (3) performed the work under the direct supervision

of a certificated mechanic or repairman who has had previous experience

with that specific task.

The proposal would allow the aviation maintenance technician to use

equipment-specific training to obtain the competency necessary to

supervise these operations or approve an item for return to service

without previously having performed the work that is anticipated.

Through the adoption of equipment-specific training to satisfy this

experience requirement, the FAA recognized enhancements in aviation

maintenance training that can provide the aviation maintenance

technician with technical knowledge equal to knowledge gained in the

work environment. However, in allowing training to replace actual work

experience, the FAA would require a high level of specificity between

the training and the actual work to be preformed or supervised.

Therefore, the proposal would require that the training used to satisfy

this requirement be unique to the specific equipment on which the work

is to be performed. A course of instruction detailing the maintenance

practices for the same make and model aircraft on which an aviation

maintenance technician will perform work, or a course of instruction

detailing the overhaul procedures for a specific part or appliance, for

example, would satisfy the provisions of the proposed rule. Such

courses may be provided by any manufacturer, individual, or

organization whose training has been found acceptable to the

Administrator.

Training of a more general nature, which may be used to satisfy

currency requirements as proposed in Sec. 66.83, may not be

sufficiently specific to allow an aviation maintenance technician to

perform work on a specific aircraft, part, or appliance. For example, a

course in the FAR applicable to maintenance procedures would not

satisfy the provisions of proposed Sec. 66.81 but could be used to

satisfy the provisions of proposed Sec. 66.83.

The FAA also proposes to clarify the intent of the current

regulation by proposing amendatory language that would allow a

certificate holder, who desires to exercise supervisory, return to

service, or approval responsibilities, to demonstrate the ability to

perform the work to the satisfaction of the Administrator. The current

regulation requires actual performance of the work.

Use of Instructional Time by Aviation Maintenance Instructors to

Satisfy Currency Requirements

Under current Sec. 65.83, there are no provisions for allowing

individuals involved in aviation maintenance instruction to use that

experience for maintaining the currency required to exercise the

privileges of their certificate and ratings. The FAA recognizes that

the experience gained while providing aviation maintenance instruction

or directly supervising other aviation maintenance instructors is

commensurate with the experience obtained while directly performing

aviation maintenance. The FAA already recognizes this experience in

current Sec. 65.91(c)(2). Within that section the phrase ``actively

engaged'' includes instructors who are exercising the privileges of

their certificate and ratings at an aviation maintenance school

certificated under Part 147 of this chapter. Therefore, the FAA

proposes to allow the use of instructional time also to satisfy

currency requirements.

Under the proposed rule, a certificate holder would qualify to

maintain currency by serving as an aviation maintenance instructor or

by directly supervising other aviation maintenance instructors under

his or her certificate or rating. The instruction concerned would have

to be directly related to aviation maintenance and acceptable to the

Administrator, so that the time an individual spends providing

instruction or directly supervising other instructors is equivalent to

the experience gained while performing aviation maintenance tasks. For

example, instructional time provided at Part 147 aviation maintenance

technician schools or under an approved air carrier maintenance

training program would be acceptable and would meet the intent of the

proposed rule.

The purpose of currency requirements is to ensure that all aviation

maintenance technicians are familiar with current maintenance practices

and the applicable FAR. The aviation maintenance instructor must keep

abreast of current maintenance practices in a wide variety of

disciplines to provide the high quality instruction required. Aviation

maintenance instructors perform a critical function in the aviation

maintenance education process, and the FAA believes that the adoption

of the proposed rule would recognize this importance.

Establishment of Training Requirements for Certificated Aviation

Maintenance Technicians Exercising the Privileges of their Certificates

for Compensation or Hire

Under current Part 65, there are no specific provisions that

require the training of certificated mechanics. Current regulations

ensure that certificated aviation maintenance technicians supporting

operations under Parts 121, 127, 135, and 145.2(a) are informed fully

about procedures, techniques, and new equipment in use through

participation in maintenance and preventive maintenance training

programs. In an effort to ensure that all aviation maintenance

technicians are informed of current maintenance practices in the

rapidly changing aviation maintenance environment, the FAA proposes the

adoption of refresher training, requalification training, and other

training appropriate to the duties of the aviation maintenance

technician, for aviation maintenance technicians who use their

certificates for compensation or hire and do not participate in the

maintenance and preventive maintenance training programs referenced

above. This proposal would ensure that all aviation maintenance

technicians who exercise the privileges of their certificates for

compensation or hire and have the sole responsibility for ensuring the

airworthiness of the equipment on which they perform maintenance meet

training requirements similar to those currently in place for aviation

maintenance technicians supporting operations under Parts 121, 127,

135, and 145.2(a). In addition, this proposal would also ensure that

aviation maintenance technicians who support U.S. certificated repair

stations that do not have maintenance and preventive maintenance

training programs receive comparable training.

Under the proposed rule, an aviation maintenance technician who

meets the prescribed work experience requirements and wishes to

exercise the privileges of the certificate or rating for compensation

or hire would be required to complete refresher training or other

training appropriate to the duties of an aviation maintenance

technician.

An aviation maintenance technician refresher course, inspection

authorization refresher course, or a series of such courses that are

acceptable to the Administrator and consist of a total of not less than

16 hours of instruction within a 24-month period could be used to

satisfy the refresher training requirement. The completion of an

inspection authorization refresher course by an aviation maintenance

technician who does not hold a current inspection authorization would

also constitute completion of the mandatory aviation maintenance

technician training requirement. Adoption of such a provision would

increase the range of training options available to the aviation

maintenance technician and would enhance the individual's understanding

of the inspection authorization process.

As an alternative to refresher training, an aviation maintenance

technician wishing to exercise the privileges of the certificate and

ratings for compensation or hire may complete other training

appropriate to the duties of an aviation maintenance technician. This

training may be broad based and would consist of a course or courses of

instruction, acceptable to the Administrator, of not less than 16 hours

within a 24-month period. Completion of courses dealing with general

maintenance practices or regulations applicable to maintenance

operations, for example, would satisfy the intent of this proposed

rule.

The FAA recognizes that many certificated aviation maintenance

technicians, who support Part 91 operations or other maintenance

facilities without maintenance or preventive maintenance training

programs in place, receive periodic maintenance training. For example,

these aviation maintenance technicians may receive training through

aviation training centers or manufacturer's courses. The proposed rule

would permit this type of maintenance instruction to be credited toward

the hours needed to complete the proposed training requirements,

provided the instruction is acceptable to the Administrator.

The training required under this provision, as set forth in

proposed Sec. 66.83, encompasses more types of training than the

training that may be used to satisfy the provision of the proposed

Sec. 66.81. Therefore, compliance with proposed Sec. 66.83 does not

automatically authorize the aviation maintenance technician to perform

a specific task. Additionally, equipment-specific training is

encompassed within the concept of ``training appropriate to the duties

of an aviation maintenance technician.'' Equipment-specific training

used by the aviation maintenance technician to satisfy the requirements

of proposed Sec. 66.81 also may be used to satisfy the proposed

currency requirements. For example, an aviation maintenance technician

who received maintenance training on a Gulfstream IV aircraft that

enabled the aviation maintenance technician to perform work on that

specific aircraft may credit the hours of instruction received toward

the training required in proposed Sec. 66.83.

An individual who exercises the privileges of the certificate, but

not for compensation or hire, would not need to complete these training

requirements. Many of the individuals who do not exercise their

privileges for compensation or hire perform only limited work on

aircraft that they own or on a limited range of aeronautical equipment.

In such cases, knowledge of a broad range of current maintenance

technologies is not necessarily required. Although the FAA encourages

these personnel to attend refresher training, the FAA has determined

that a mandatory training requirement for these individuals is not

warranted.

The proposal also sets forth a provision that would permit an

aviation maintenance technician who has not exercised the privileges of

the certificate within the preceding 24 months to exercise the

privileges of the certificate including for compensation or hire by

completing requalification training acceptable to the Administrator. A

specific minimum time for requalification training has not been

specified in the proposed regulation in order to provide instructors

and examiners with greater flexibility in assisting non-current

aviation maintenance technicians to achieve the required proficiency.

An additional change to the current rule would enhance the ability

of non-current aviation maintenance technicians to regain the currency

required to exercise the privileges of their certificate and ratings.

The proposed rule would allow these individuals to credit the time they

work under the supervision of a certificated aviation maintenance

technician toward currency requirements.

The holder also may continue to exercise the privileges of the

certificate and associated ratings if the Administrator finds that the

aviation maintenance technician is competent to exercise those

privileges. Passing an oral and practical test with a designed aviation

maintenance technician examiner (currently, a designated mechanic

examiner (DME)) would satisfy this requirement.

Sections 121.375, 127.137, and 135.433 require that an operator

have a training program to ensure that persons performing maintenance

or preventive maintenance functions are informed fully about procedures

and techniques and new equipment in use. Additionally, Sec. 145.2(a)

requires that repair stations performing maintenance for a Part 121 or

127 operator comply with either Part 121, Subpart L (which includes the

requirements of Sec. 121.375) or Part 127, Subpart I (which includes

the requirements of Sec. 127.137). Compliance with any of these

sections meets the intent of the proposed rule. Individuals exercising

the privileges of their certificates under the provisions of these

sections, therefore, need not comply with the training requirements set

forth in the proposed rule.

In addition, an aviation maintenance instructor teaching under an

aviation maintenance training program acceptable to the Administrator

need not comply with these proposed training requirements. As a result

of their position as aviation maintenance instructors, these

individuals continually are exposed to current maintenance practices

and often disseminate information about new practices, techniques, and

equipment to the aviation maintenance community. The intent of the

proposed rule would be satisfied because their position requires these

individuals to be fully informed about current maintenance practices.

In recognition of enhancements in training technology, the proposed

rule also requires successful completion of these courses rather than

attendance and successful completion. Therefore, the Administrator may

find home study or video courses acceptable for fulfilling the

requirements specified in the proposed Sec. 66.83. However, any

training should include a substantial review of regulations pertinent

to the exercise of the privileges and limitations of the aviation

maintenance technician certificate.

This proposal for continued aviation maintenance training addresses

concerns such as those expressed in recent proposals to require formal

training for all aircraft mechanic applicants. In conjunction with the

issuance of a proposed final rule, the FAA will develop policy on the

content and conduct of any aviation maintenance technician refresher

course, other training appropriate to the duties of the aviation

maintenance technician (including equipment-specific training), and

requalification training.

Extension of Inspection Authorization Duration

Under the proposed rule, the duration of an inspection

authorization would be extended from the current 12 months to 24

months. Extending the duration of the inspection authorization would

make the authorization consistent with FAA practices regarding the

issuance of other renewable certificates, such as the flight instructor

certificate, which is renewed every 24 months. A 24-month renewal cycle

would relieve the public of a significant regulatory burden and FAA

Flight Standards District Offices of a considerable administrative

burden without compromising safety. Modifying the existing training and

currency requirements to coincide with the adoption of a 24-month

renewal cycle would give holders greater flexibility in meeting

regulatory requirements.

Expansion of Inspection Authorization Renewal Options

The proposal would permit the holder of an inspection authorization

to use a combination of annual inspections, inspections of major

repairs or major alterations, and progressive inspections to satisfy

the renewal requirements for the inspection authorization. Such a

provision would give the holder of an inspection authorization much

greater flexibility in meeting renewal requirements. To better

facilitate the combination of these inspections for the purpose of

certificate renewal with other inspection periods currently designated

in months, the proposal would change the currently specified 90-day

periods for inspections to 3-month periods.

The proposed rule would also permit the holder of an inspection

authorization to use participation in current inspection programs

recommended by the manufacturer or other inspection programs

established by the registered owner or operator under Sec. 91.409(f)(3)

or (4) to satisfy renewal requirements. Although an inspection

authorization is not required by an aviation maintenance technician in

order to participate in these inspection programs, the FAA asserts that

the experience gained through participation in such inspection programs

is commensurate with the experience currently accepted to obtain the

inspection authorization renewal. This proposal would benefit holders

of an inspection authorization who are employed by operators that

maintain aircraft under a current inspection program yet also maintain

an insufficient number of aircraft under other annual inspection

programs to provide the holder of the inspection authorization with

sufficient renewal options under the current rule. The proposed rule

would neither change the privileges of the inspection authorization nor

compromise safety because the types of aircraft normally maintained

under a current inspection program are often more complex than those

maintained under an annual inspection program.

Under the current regulation, the holder of an inspection

authorization may renew the inspection authorization by attending and

successfully completing a refresher course, acceptable to the

Administrator, of not less than 8 hours during the 12-month period

preceding the application for renewal. Because the proposal would

modify the duration of the inspection authorization to 24 months, it

would require that an inspection authorization refresher course or

series of courses consisting of a total of not less than 16 hours be

taken in the 24 months preceding the application for renewal. The

proposed rule would not change the total amount of instruction an

applicant is required to complete in the 24-month period preceding the

application for renewal.

Section-by-Section Analysis

Part 65

Under the proposal, the title of Part 65 would be amended to

reflect the removal of Subparts D (Mechanics) and E (Repairmen) from

this part. The proposal would amend the title of Part 65 by revising

the title of the part and would specifically list airmen whose

certification would continue to be regulated by this part. The title

would be changed from ``Certification: Airmen Other than Flight

Crewmembers'' to ``Certification: Air-Traffic Control Tower Operators,

Aircraft Dispatchers, and Parachute Riggers.''

Section 65.1

Section 65.1 currently states that Part 65 is applicable to air

traffic control tower operators, aircraft dispatchers, mechanics,

repairmen, and parachute riggers. Under the proposal, certification of

mechanics and repairmen (aviation maintenance technicians and aviation

repair specialists under the proposed rule would be regulated by Part

66. The proposal would revise Sec. 65.1 by limiting the applicability

of this part to air traffic control tower operators, aircraft

dispatchers, and parachute riggers.

Section 65.3

Section 65.3 prescribes the certification requirements for foreign

mechanics. Because the proposal would place the certification for all

mechanics under Part 66, this section would be removed from Part 65 and

reserved. An equivalent section, Sec. 66.3, is proposed for inclusion

in Part 66.

Section 65.11

Currently, Sec. 65.11(d)(2) prohibits a person whose repairman or

mechanic certificate is revoked from applying for either of those kinds

of certificates for 1 year after the date of revocation, unless the

order of revocation provides otherwise. Because the proposal would

place the certification of all mechanics and repairmen under Part 66,

this paragraph would be removed from Part 65; an equivalent paragraph,

Sec. 66.11(d), has been proposed for inclusion in Part 66.

Part 65 Subpart D and Subpart E

The proposal would completely remove Subpart D (Mechanics) and

Subpart E (Repairmen) from Part 65 and would establish Subpart B

(Aviation Maintenance Technicians) and Subpart C (Aviation Repair

Specialists) under Part 66. The new subparts would be based upon the

subparts originally found in Part 65.

Part 66

Under the proposal, a new Part 66 prescribing the certification

requirements solely for aviation maintenance personnel would be

created. Part 66 would include Subpart A (General), Subpart B (Aviation

Maintenance Technicians), and Subpart C (Aviation Repair Specialists).

Subpart A (General) would be based on Part 65, Subpart A and modified

to address regulatory concerns applicable to aviation maintenance

technicians and aviation repair specialists. The proposal would

establish the new part under the title ``Certification: Aviation

Maintenance Technicians and Aviation Repair Specialists.''

Section 66.1

The proposed Sec. 66.1 sets forth the applicability of Part 66.

This proposed section is based upon Sec. 65.1 of the current FAR. This

section would limit the applicability of this new part to aviation

maintenance technicians and aviation repair specialists.

Section 66.3

The proposed Sec. 66.3 prescribes the certification requirements

for foreign aviation maintenance technicians. This proposed section is

based on Sec. 65.3 of the current FAR. There are no substantive

differences between the proposed section and the current Sec. 65.3.

Section 66.11

The proposed Sec. 66.11 prescribes the application and issuance

procedures for a certificate and ratings under this part. This proposed

section is based on Sec. 65.11 of the current FAR. There are no

substantive differences between paragraphs (a) through (c) of the

proposed section and the current Sec. 65.11. Paragraph (d) of the

proposed rule would not change the substantive provisions of Sec. 65.11

as it applies to aviation maintenance personnel; however, it differs

from the current Sec. 65.11 in that it removes provisions that are only

applicable to air traffic control operators, aircraft dispatchers, and

parachute riggers.

Sections 66.12, 66.13

The proposed Secs. 66.12 and 66.13 are based on current Secs. 65.12

and 65.13. These sections refer to offenses involving alcohol or drugs

and temporary certificates. There are no substantive differences

between these proposed sections for Part 66 and current corresponding

sections in Part 65.

Section 66.15

The proposed Sec. 66.15 is based upon the current Sec. 65.15 and

establishes the duration of certificates issued under this part. The

proposed rule corrects an earlier omission by including the aviation

repair specialist certificate (experimental aircraft builder) among

those certificates that are effective until surrendered, suspended, or

revoked.

Section 66.16

The proposal would revise current procedures by permitting an

airman who has lost a certificate issued under Part 66 to request a

facsimile of the certificate from the FAA as confirmation of the

certificate's original issuance. The proposal also would allow any

request to the FAA to be made by facsimile and would permit the FAA to

send directly to the airman a facsimile that may be carried by the

airman, for a period not to exceed 60 days, as proof of the original

certificate's issuance.

Sections 66.17, 66.18, 66.19, 66.20, 66.21, 66.23

The proposed Secs. 66.17, 66.18, 66.19, 66.20, 66.21, and 66.23 are

based on current Secs. 65.17, 65.18, 65.19, 65.20, 65.21, and 65.23.

These sections refer to written test general procedures, cheating or

other unauthorized conduct on written tests, retesting after failure,

falsification of documents, changes of address, and the refusal to

submit to a drug test. There are no substantive differences between

these proposed sections for Part 66 and current corresponding sections

in Part 65.

Part 66 Subpart B

The structure of Part 66, Subpart B, is based upon the current

structure of Part 65, Subpart D. Under the proposed rule, the title of

Part 66, Subpart B, would become ``Aviation Maintenance Technicians.''

Section 66.71

The proposed Sec. 66.71 is based upon the current Sec. 65.71 and

differs from that section solely in the language of subparagraph

(a)(2). The proposal differs from current Sec. 65.71, because in

addition to requiring an applicant for an aviation maintenance

technician certificate to read, write, speak, and understand the

English language, as is currently required, it would require the

applicant to demonstrate this knowledge by reading and explaining

appropriate maintenance publications and by writing defect and repair

statements. The proposal also differs from the current section in that

it would eliminate the issuance of certificates to individuals who

cannot meet this requirement and who are employed solely outside the

United States by a U.S. air carrier.

Section 66.73

The proposed Sec. 66.73 would establish the ratings issued under

this subpart. This proposed section is based on current Sec. 65.73. The

proposal would revise current paragraph (b), to establish the

equivalency of the current mechanic certificate and the proposed

aviation maintenance technician certificate. The proposal also provides

for the exchange of corresponding certificates and ratings.

Section 66.75

The proposed Sec. 66.75 would establish the knowledge requirements

for certificates and ratings issued under this part.

This proposed section is based on current Sec. 65.75. The proposed

revisions to the current knowledge requirements encompass the current

requirement that the applicant be tested in the applicable provisions

of Parts 43 and 91 of this chapter and also expand the knowledge

required of an applicant by requiring the applicant to pass a written

test that includes material on all applicable provisions of this

chapter.

To clarify the existing language of Sec. 65.75, the proposed

revisions would require the applicant to pass all sections of the

written test (as opposed to each section) before applying for the oral

and practical tests for the certificate or rating sought.

Because of the increased use of computer-based testing, the

proposal would require a report of the written test to be made

available to the applicant upon completion of the test. The current

section requires the FAA to send the applicant a report.

Section 66.77

The proposed Sec. 66.77 would establish the experience requirements

for certificates and ratings issued under this part. This proposed

section is based on current Sec. 65.77. The proposed revisions to the

current experience requirements would result in experience requirements

being specified in hours instead of months. All proposed experience

requirements are approximate equivalents of the current full-time

experience requirements.

Section 66.79

The proposed Sec. 66.79 would establish the competency requirements

for applicants attempting to obtain a certificate or rating under this

part. This proposed section is based on current Sec. 65.79. The

proposed revisions to the current section establish a basic competency

requirement for an aviation maintenance technician by requiring the

applicant to demonstrate competency in performing tasks appropriate to

the rating sought. The proposal would also clarify the existing

regulation to ensure that an applicant passes both an oral and a

practical test appropriate to the rating sought.

Section 66.80

The proposed Sec. 66.80 prescribes specific requirements for the

testing of certified aviation maintenance technician school students.

This proposed section is based on current Sec. 65.80 with no

substantive differences.

Section 66.81

The proposed Sec. 66.81, based on current Sec. 65.81, would define

the privileges and limitations of a certificate holder under this part.

The proposed revision to the current privileges and limitations of

certificate holders would clarify and expand the manner in which an

aviation maintenance technician may become qualified to supervise the

maintenance, preventive maintenance, or alteration of any aircraft, or

approve and return to service any aircraft or appliance, or part

thereof, for which that person is rated. The proposal would provide the

holder of an aviation maintenance technician certificate with

additional means to qualify for the exercise of these privileges. In

addition to the means specified in the current Sec. 65.81, the holder

may exercise the privileges mentioned above if the aviation maintenance

technician has received the equipment-specific training or has

performed the work under the direct supervision of a certificated and

appropriately rated aviation maintenance technician or certificated

aviation repair specialist who has also received equipment-specific

training.

Additionally, the proposal would clarify Sec. 65.81 by permitting

the holder of an aviation maintenance technician certificate to

exercise the privileges of the certificate and ratings by demonstrating

the ability to perform the work to the satisfaction of the

Administrator. The current regulation requires actual performance of

the work.

The proposed regulation would require that the work recognized

under proposed Sec. 66.81 be performed after the individual has been

certificated as an aviation maintenance technician. Work performed

while an individual is in training for certification as an aviation

maintenance technician may not necessarily be of the same quality

required for the return to service of an article, and therefore would

not be credited toward satisfying the requirements specified in

Sec. 66.81.

The proposal also would require that a certificated aviation

maintenance technician understand all current maintenance instructions

(as opposed to maintenance manuals) for the specific operation

concerned in order to exercise the privileges of the certificate and

rating.

Section 66.83

The proposed Sec. 66.83 would prescribe the specific currency

requirements for aviation maintenance technicians. This proposed

section is based on current Sec. 65.83, Recent experience requirements.

The proposal would provide the holder of an aviation maintenance

technician certificate with additional means to maintain the currency

required to exercise the privileges of the certificate and ratings. In

addition to the means currently specified in Sec. 65.83(a), the

proposal would allow the aviation maintenance technician to maintain

the currency required to exercise the privileges of the certificate, if

the person served as an aviation maintenance instructor under an

aviation maintenance training program acceptable to the Administrator,

directly supervised other aviation maintenance instructors, who are

serving under an aviation maintenance training program acceptable to

the Administrator, or served under the supervision of a certificated

aviation maintenance technician. The proposal also would allow the use

of any combination of the proposed and current methods to maintain

currency.

The proposal would create a new subparagraph that would require the

successful completion of refresher training or training appropriate to

the duties of an aviation maintenance technician if the individual

desires to exercise the privileges of the certificate or ratings for

compensation or hire. The refresher training may consist of an aviation

maintenance technician refresher course, an inspection authorization

course, or a series of courses, acceptable to the Administrator, of not

less than 16 hours of instruction. Training appropriate to the work to

be performed must also be acceptable to the Administrator and consist

of not less than 16 hours of instruction.

The proposal would not require all aviation maintenance technicians

to complete the new training requirements. An aviation maintenance

technician, who within the preceding 24 months exercised the privileges

of the certificate and ratings for a certificate holder authorized to

operate under the provisions of Parts 121, 127, 135, or for a U.S.-

certificated repair station that performed work in accordance with

Sec. 145.2(a) or conducted a maintenance and preventive maintenance

training program, would not be subject to the proposed training

requirements. Additionally, aviation maintenance instructors teaching

under an aviation maintenance training program that is acceptable to

the Administrator need not complete the proposed training requirements.

The proposal sets forth an additional provision that would permit

the aviation maintenance technician to exercise the privileges of the

certificate for compensation or hire if the certificate holder

successfully completes a requalification course acceptable to the

Administrator.

The proposed revision to the current regulation would change the 6-

month currency requirement to be specified in hours instead of months.

The 1,000 hours of experience specified in the proposal approximately

equal the current 6-month full-time experience requirement.

Sections 66.85, 66.87, 66.89, 66.91

The proposed Secs. 66.85, 66.87, 66.89, and 66.91 are based on

current Secs. 65.85, 65.87, 65.89, and 65.91, respectively. These

sections refer to the additional privileges of the airframe rating, the

powerplant rating, the display of certificates, and the inspection

authorization, respectively. There are no substantive difference

between these proposed sections for Part 66 and current corresponding

sections in Part 65.

Section 66.92

The proposed Sec. 66.92 prescribes the duration of an inspection

authorization. This proposed section is based on Sec. 65.92 of the

current FAR. There is one substantive difference between the proposed

section and the current Sec. 65.92. Under the proposal, the expiration

date of the inspection authorization would be extended to March 31 of

the second year after its issuance. Under the current regulation, the

inspection authorization expires on March 31 of each year.

Section 66.93

The proposed Sec. 66.93 prescribed the renewal procedures for an

inspection authorization and is based on current Sec. 65.93. The

proposed section would extend the inspection authorization renewal

requirement to every 2 years so that it would corresponds to the

extension of the inspection authorization as proposed in Sec. 66.92

above.

The proposal would permit the holder of an inspection authorization

to use a combination of annual inspections, inspections of major

repairs on major alterations, and progressive inspections to satisfy

the renewal requirements for the inspection authorization.

Participation in current inspection programs recommended by the

manufacturer of other inspection programs established by the registered

owner or operator under Sec. 91.409(f)(3) or (4) now also may be used

to satisfy renewal requirements. To better facilitate the combination

of these inspections, the proposal would change the currently specified

90-day period to a 3-month period.

Under the current regulation, the holder of an inspection

authorization may renew the authorization by attending and successfully

completing a refresher course of not less than 8 hours, acceptable to

the Administrator, during the 12-month period preceding the application

for renewal. Because the proposal would change the duration of the

inspection authorization to 24 months, the proposal would require that

an inspection authorization refresher course or series of course

consisting of a total of not less than 16 hours be taken in the 24

months preceding the application for renewal. The proposed rule does

not change the total amount of instruction the applicant must complete

in the 24-month preceding the application for renewal. The proposed

rule also differs from the current regulation in that it only requires

successful completion (as opposed to attendance and successful

completion) of an inspection authorization refresher course. The

proposal recognizes recent developments in instructional techniques and

permits instruction methods, acceptable to the Administrator, that may

differ from the standard classroom or lecture format.

Section 66.95

The proposed Sec. 66.95 prescribes the privileges and limitations

of an inspection authorization and is based on current Sec. 65.95 with

no substantive differences.

Part 66 Subpart C

The structure of part 66, Subpart C, is based upon the current

structure of Part 65, Subpart D. Under the proposed rule, the title of

Part 66, Subpart C, would become ``Aviation Repair Specialists''

Section 66.101

The proposed Sec. 66.101 would prescribe the general eligibility

requirements for the aviation repair specialist certificate. This

proposed section is based on current Sec. 65.101. The proposal would

specify the current 18-month experience requirement in hours instead of

months. The 3,000 hours of experience specified in the proposal

approximately equal the current full-time 18-month experience

requirement.

The proposal differs from the current Sec. 65.101 in the language

of paragraph (a)(6). The proposal would not only require an applicant

for an aviation repair specialist certificate to read, write, speak,

and understand the English language, as is currently required, but also

would require the applicant to demonstrate this knowledge by reading

and explaining appropriate maintenance publications and by writing

defect and repair statements. The proposal also differs from the

current section in that it would eliminate the issuance of certificates

to individuals who cannot meet this requirement and who are employed

solely outside the United States by a certificated U.S. repair station,

a certificated U.S. commercial operator, or a certificated U.S. air

carrier. The language in this portion of the proposed rule corresponds

with the language proposed in Sec. 66.71(a)(2), which similarly amends

the eligibility requirements for the aviation maintenance technician

certificate.

The proposal adds to this section paragraph (c), which establishes

the equivalency of the current repairman certificate and the proposed

aviation repair specialist certificate. The proposal also provides for

the exchange of corresponding certificates and ratings.

Section 66.103, 66.104, 66.105

The proposed Secs. 66.103, 66.104, and 66.105 are based on current

Secs. 65.103, 65.104, and 66.105, respectively. These sections refer to

aviation repair specialist certificate privileges and limitations, the

experimental aircraft builder privileges and limitations, and the

display of certificates, respectively. There are no substantive

differences between these proposed sections for Part 66 and current

corresponding sections in Part 65.

Paperwork Reduction Act

The information collection requirements in the proposed amendment

to Part 65 and the newly established Part 66 have previously been

approved by the Office of Management and Budget (OMB) under provisions

of the Paperwork Reduction Act of 1990 (44 U.S.C. 3501 et seq.) and

have been assigned OMB Control Number 2120-0022.

Regulatory Evaluation Summary

Executive Order 12866 dated September 30, 1993, directs Federal

agencies to promulgate new regulations and maintain current regulations

only if they are required by law, are necessary to interpret the law,

or are made necessary by a ``compelling public need.'' The order also

requires that agencies assess all costs and benefits of available

regulatory alternatives and select the alternative that maximizes the

net benefits and imposes the least burden on society.

Additionally, the order requires agencies to submit a list of all

rules, except those specifically exempted by the Office of Information

and Regulatory Affairs (OIRA) because they respond to emergency

situations or other narrowly defined exigencies, to determine whether

any rule is a ``significant regulatory action.''

``Significant regulatory action'' means an action that is likely to

result in a rule that may: (1) have an annual effect on the economy of

$100 million or more or adversely affect in a material way the economy,

a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or state, local, or tribal

governments or communities; (2) create a serious inconsistency or

otherwise interfere with an action taken or planned by another agency;

(3) materially alter the budgetary impact of entitlements, grants, user

fees, or loan programs or the rights and obligations of recipients

thereof; or (4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order. A ``significant regulatory action'' is submitted

for centralized regulatory review by OIRA. OIRA and the FAA have

determined that this rule is not a ``significant regulatory action.''

This section contains the benefits and costs analyzed in the

preliminary regulatory evaluation. In addition, it includes an initial

regulatory flexibility determination required by the 1980 Regulatory

Flexibility Act and an international trade impact assessment. The

complete regulatory evaluation, which contains more detailed economic

information that this summary provides, is available in the docket.

This proposed rule change would revise the regulations that

prescribe the certification and training requirements for mechanics and

repairmen. The proposal would enhance the professionalism of the

aviation maintenance workforce by expanding the means for aviation

maintenance personnel to satisfy training, experience, and currency

requirements. Employers would also benefit from the increased supply of

potential employees who are expected to maintain their currency because

of the wider range of options for achieving this objective that would

be permitted under the proposal. Another benefit for employers is

expected to be an increase in the quality of new hires, thereby

lessening the need for initial training to assure that these employees

have basic skills and knowledge. Recurrent training is also expected to

assist aviation maintenance personnel in staying abreast of the rapid

changes in technology that are expected to occur. The expected

magnitude of these benefits cannot be quantified with any certainty,

however, because of their intangible nature.

Only one of the provisions would impose significant costs on the

industry. This provision would require mechanics who use their

certificates for compensation or hire to receive refresher or

requalification training. At present, certified mechanics working under

Parts 121, 127, and 135 and Sec. 145.2(a) must be fully informed about

procedures, techniques, and new equipment in use through participation

in maintenance and preventive maintenance training programs. These

mechanics are, therefore, already in compliance with the proposed rule.

This proposed requirement for recurrent training would primarily affect

those mechanics who work on general aviation aircraft rather than

aircraft used by the air carriers. The FAA estimates that this proposed

rule would affect from 14,000 to 23,000 mechanics of a total workforce

of about 145,000.

Taking an Aviation Maintenance Technician (AMT) refresher courts,

an inspection authorization refresher course, or a series of such

courses that are acceptable to the Administrator, would satisfy the

requirements of this proposed rule. However, the course or courses

taken within a 2-year time period must consist of a total of not less

than 16 hours of instruction. This training may be broad based or

narrowly focused but must be acceptable to the Administrator. For

example, courses dealing with general maintenance practices of

regulations applicable to maintenance operations as well as equipment-

specific training would be acceptable. Some home study or video courses

may also be acceptable for fulfilling this requirement.

The FAA estimates that the total expected cost of recurrent

training over a 10-year period would range between $37.28 million and

$66.53 million on an undiscounted basis and between $25.94 million and

$46.48 million on a discounted basis. The midpoints of these ranges are

$51.91 million (undiscounted) and $36.21 million (discounted).

The bulk of the expected benefits are expected to accrue from

productivity gains. Productivity is expected to increase because

recurrent training in troubleshooting techniques or general maintenance

practices should reduce the amount of time required to diagnose

problems and lower the incidence of unnecessary repairs, which inflate

repair costs. The lack of information regarding the prevalence of

inefficient or ineffective repairs makes it difficult to project the

potential magnitude of the benefits expected to result from this

factor. The adoption of the conservative assumption that productivity

would increase by only .5 percent per year, however, would result in an

annualized benefit range (undiscounted) of $4.17 million to $6.39

million, the midpoint of which ($5.28 million) would exceed the

expected magnitude of undiscounted annual costs, making the rule change

cost beneficial.

Administrative cost savings are expected to add to the benefits.

The most substantial component of these savings should result from

reducing the current annual requirement for IA renewal to a biennial

one. The FAA estimates that these cost savings for the FAA would amount

to $.71 million on a discounted basis over a 10-year period. A

provision that would allow mechanics to substitute a requalification

course for the requirement to work at least 6 months over the previous

2 years in order to maintain one's currency would benefit employers by

not only increasing the pool of available qualified mechanics, but also

by saving them the administrative costs involved in checking an

applicant's qualifications for the job. These benefits could not be

quantified.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by Congres

to ensure that small entities are not unnecessarily and

disproportionately burdened by government regulations. The RFA requires

agencies to review rules which may have a ``significant economic impact

on a substantial number of small entities.'' Small entities include

businesses, nonprofit organizations, and government jurisdictions.

The proposed regulation will affect individuals only and is,

therefore, not expected to have a significant impact on a substantial

number of small businesses.

International Trade Impact

The proposed rule would have a negligible impact on trade

opportunities for U.S. firms doing business overseas or on foreign

firms doing business in the United States. The proposed rule primarily

affects individuals, not businesses involved in the sale of aviation

products or services.

Federalism Implications

The regulation proposed herein will not have substantial direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposal would not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Regulatory Flexibility Determination and the

International Trade Impact Analysis, the FAA has determined that this

proposed regulation is not a significant regulatory action under

Executive Order 12866. In addition, the FAA certifies that this

proposal, if adopted, would not have a significant economic impact,

positive or negative, on a substantial number of small entities under

the criteria of the Regulatory Flexibility Act. This proposal is not

considered significant under DOT Order 2100.5, Policies and Procedures

for Simplification, Analysis, and Review of Regulations. A draft

regulatory evaluation of the proposal, including an initial Regulatory

Flexibility Determination and International Trade Impact Analysis, has

been placed in the docket. A copy may be obtained by contacting the

person identified under FOR FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 65

Air safety, Air transportation, Aircraft, Airmen, Aviation safety,

Drug abuse, Narcotics, Parachutes, Transportation.

14 CFR Part 66

Air safety, Air transportation, Aircraft, Airmen, Aviation safety,

Drug abuse, Narcotics, Transportation.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend part 65 of the Federal Aviation

Regulations (14 CFR part 65) and to add part 66 (14 CFR part 66) as

follows:

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

1. The authority citation for part 65 continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1355, 1421, 1422, and 1427;

49 U.S.C. 106(g) (Revised 56 FR 27163, 56 FR 65653).

2. The title of part 65 is revised to read as follows:

PART 65--CERTIFICATION: AIR TRAFFIC CONTROL TOWER OPERATORS,

AIRCRAFT DISPATCHERS, AND PARACHUTE RIGGERS

3. Section 65.1 is amended by removing paragraphs (c) and (d) and

redesignating paragraph (e) as paragraph (c).

Sec. 65.3 [Removed and Reserved]

4. Section 65.3 is removed and reserved.

5. Section 65.11 is amended by revising paragraphs (c) and (d) to

read as follows:

Sec. 65.11 Application and issue.

* * * * *

(c) Unless authorized by the Administrator, a person whose air

traffic control tower operator or parachute rigger certificate is

suspended may not apply for any rating to be added to that certificate

during the period of suspension.

(d) Unless the order of revocation provides otherwise, a person

whose air traffic control tower operator, aircraft dispatcher, or

parachute rigger certificate is revoked may not apply for the same kind

of certificate for 1 year after the date of revocation.

6. Section 65.15 is revised to read as follows:

Sec. 65.15 Duration of certificates.

(a) A certificate or rating issued under this part is effective

until it is surrendered, suspended, or revoked.

(b) The holder of a certificate issued under this part that is

suspended, revoked, or no longer effective shall return it to the

Administrator.

7. Part 65, subpart D consisting of Secs. 65.71 through 65.95, is

removed and reserved.

Subpart D [Reserved]

8. Part 65, subpart E consisting of Secs. 65.101 through 65.105 is

removed and reserved.

Subpart E [Reserved]

9. Part 66 is added to read as follows:

PART 66--CERTIFICATION: AVIATION MAINTENANCE TECHNICIANS AND

AVIATION REPAIR SPECIALISTS

Subpart A--General

Sec.

66.1 Applicability.

66.3 Certification of foreign aviation maintenance technicians.

66.11 Application and issue.

66.12 Offenses involving alcohol or drugs.

66.13 Temporary certificate.

66.15 Duration of certificates.

66.16 Change of name: Replacement of lost or destroyed certificate.

66.17 Tests: General procedure.

66.18 Written tests: Cheating or other unauthorized conduct.

66.19 Retesting after failure.

66.20 Applications, certificates, logbooks, reports and records:

Falsification, reproduction, or alteration.

66.21 Change of address.

66.23 Refusal to submit to a drug test.

Subpart B--Aviation Maintenance Technicians

66.71 Eligibility requirements: General.

66.73 Ratings.

66.75 Knowledge requirements.

66.77 Experience requirements.

66.79 Competency requirements.

66.80 Certificated aviation maintenance technician school students.

66.81 General privileges and limitations.

66.83 Currency requirements.

66.85 Airframe rating; additional privileges.

66.87 Powerplant rating; additional privileges.

66.89 Display of certificate.

66.91 Inspection authorization.

66.92 Inspection authorization: Duration.

66.93 Inspection authorization: Renewal.

66.95 Inspection authorization: Privileges and limitations.

Subpart C--Aviation Repair Specialists

66.101 Eligibility requirements: General.

66.103 Aviation repair specialist certificate: Privileges and

limitations.

66.104 Aviation repair specialist certificate--experimental

aircraft builder--Eligibility, privileges and limitations.

66.105 Display of certificate.

Authority: 49 U.S.C. App. 1354(a), 1355, 1421, 1422, and 1427;

49 U.S.C. 106(g) (Revised 56 FR 27163, 56 FR 65653).

Subpart A--General

Sec. 66.1 Applicability.

(a) This part prescribes the requirements for issuing the following

certificates and associated ratings and the general operating rules for

the holders of those certificates and ratings:

(1) Aviation Maintenance Technicians.

(2) Aviation Repair Specialists.

(b) [Reserved]

Sec. 66.3 Certification of foreign aviation maintenance technicians.

A person who is neither a U.S. citizen nor a resident alien is

issued a certificate under subpart B of this part, outside the United

States, only when the Administrator finds that the certificate is

needed for the operation or continued airworthiness of a U.S.-

registered civil aircraft.

Sec. 66.11 Application and issue.

(a) Application for a certificate and rating, or for an additional

rating, under this part must be made on a form and in a manner

prescribed by the Administrator. Each person who is neither a U.S.

citizen nor a resident alien and who applies for a written or practical

test to be administered outside the United States or for any

certificate or rating issued under this part must show evidence that

the fee prescribed in Appendix A of part 187 of this chapter has been

paid.

(b) An applicant who meets the requirements of this part is

entitled to an appropriate certificate and rating.

(c) Unless authorized by the Administrator, a person whose aviation

maintenance technician certificate is suspended may not apply for any

rating to be added to that certificate during the period of suspension.

(d) Unless the order of revocation provides otherwise, a person

whose aviation maintenance technician or aviation repair specialist

certificate is revoked may not apply for either of those kinds of

certificates for 1 year after the date of revocation.

Sec. 66.12 Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or state statute

relating to the growing, processing, manufacture, sale, disposition,

possession, transportation, or importation of narcotic drugs,

marijuana, or depressant or stimulant drugs or substances is grounds

for:

(1) Denial of an application for any certificate or rating issued

under this part for a period of up to 1 year after the date of final

conviction; or

(2) Suspension or revocation of any certificate or rating issued

under this part.

(b) The commission of an act prohibited by Sec. 91.19(a) of this

chapter is grounds for:

(1) Denial of an application for a certificate or rating issued

under this part for a period of up to 1 year after the date of the act;

or

(2) Suspension or revocation of any certificate or rating issued

under this part.

Sec. 66.13 Temporary certificate.

A certificate and ratings effective for a period of not more than

120 days may be issued to a qualified applicant, pending review of his

or her application and supplementary documents and the issue of the

certificate and ratings for which the applicant applied.

Sec. 66.15 Duration of certificates.

(a) An aviation maintenance technician certificate, an aviation

repair specialist certificate issued to an experimental aircraft

builder, or any rating issued under this part is effective until it is

surrendered, suspended, or revoked.

(b) Unless it is sooner surrendered, suspended, or revoked, an

aviation repair specialist certificate issued to an individual other

than an experimental aircraft builder is effective until the holder is

relieved from the duties for which the holder was employed and

certificated.

(c) The holder of a certificate issued under this part that is

suspended, revoked, or no longer effective shall return it to the

Administrator.

Sec. 66.16 Change of name: Replacement of lost or destroyed

certificate.

(a) An application for a change of name on a certificate issued

under this part must be accompanied by the applicant's current

certificate and the marriage license, court order, or other document

verifying the change. The documents are returned to the applicant after

inspection.

(b) An application for a replacement of a lost or destroyed

certificate is made by letter to the Department of Transportation,

Federal Aviation Administration, Airman Certification Branch, Post

Office Box 25082, Oklahoma City, Oklahoma 73125. The letter must:

(1) Contain the name in which the certificate was issued, the

permanent mailing address (including zip code), social security number

(if any), and date and place of birth of the certificate holder and any

available information regarding the grade, number, and date of issue of

the certificate, and the ratings on it; and

(2) Be accompanied by a check or money order for $2, payable to the

Federal Aviation Administration.

(c) A person whose certificate issued under this part has been lost

may obtain a telegram or facsimile from the FAA confirming that it was

issued. The telegram or facsimile may be carried as a certificate for a

period not to exceed 60 days pending the receipt of a duplicate

certificate under paragraph (b) of this section, unless the airman has

been notified that the certificate has been suspended or revoked. The

request for such a telegram or facsimile may be made by prepaid

telegram or facsimile, stating the date upon which a duplicate

certificate was requested, or including the request for a duplicate and

a money order for the necessary amount. The request for a telegraphic

or facsimile certificate should be sent to the office prescribed in

paragraph (b) of this section.

Sec. 66.17 Tests: General procedure.

(a) Tests prescribed by or under this part are given at times and

places, and by persons, designated by the Administrator.

(b) The minimum passing grade for each test is 70 percent.

Sec. 66.18 Written tests: Cheating or other unauthorized conduct.

(a) Except as authorized by the Administrator, no person may:

(1) Copy, or intentionally remove, a written test under this part;

(2) Give to another, or receive from another, any part or copy of

that test;

(3) Give help on that test to, or receive help on that test from,

any person during the period that test is being given;

(4) Take any part of that test in behalf of another person;

(5) Use any material or aid during the period that test is being

given; or

(6) Intentionally cause, assist, or participate in any act

prohibited by this paragraph.

(b) No person who commits an act prohibited by paragraph (a) of

this section is eligible for any airman or ground instructor

certificate or rating under this chapter for a period of 1 year after

the date of that act. In addition, the commission of that act is a

basis for suspending or revoking any airman or ground instructor

certificate or rating held by that person.

Sec. 66.19 Retesting after failure.

An applicant for a written, oral, or practical test for a

certificate and rating, or for an additional rating under this part,

may apply for retesting:

(a) After 30 days after the date the applicant failed the test; or

(b) Before the 30 days have expired if the applicant presents a

signed statement from an airman holding the certificate and rating

sought by the applicant, certifying that the airman has given the

applicant additional instruction in each of the subjects failed and

that the airman considers the applicant ready for retesting.

Sec. 66.20 Applications, certificates, logbooks, reports, and records:

Falsification, reproduction, or alteration.

(a) No person may make or cause to be made:

(1) Any fraudulent or intentionally false statement on any

application for a certificate or rating under this part;

(2) Any fraudulent or intentionally false entry in any logbook,

record, or report that is required to be kept, made, or used, to show

compliance with any requirement for any certificate or rating under

this part;

(3) Any reproduction, for fraudulent purposes, of any certificate

or rating under this part; or

(4) Any alteration of any certificate or rating under this part.

(b) The commission by any person of an act prohibited under

paragraph (a) of this section is a basis for suspending or revoking any

airman certificate or rating held by that person.

Sec. 66.21 Change of address.

Within 30 days after any change of permanent mailing address, the

holder of a certificate issued under this part shall notify the

Department of Transportation, Federal Aviation Administration, Airman

Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125,

in writing, of the new address.

Sec. 66.23 Refusal to submit to a drug test.

(a) This section applies to:

(1) An employee who performs a function listed in Appendix I to

part 121 of this chapter for a part 121 certificate holder or a part

135 certificate holder;

(2) An employee who performs a function listed in Appendix I to

part 121 of this chapter for an operator as defined in Sec. 135.1(c) of

this chapter. An employee of a person conducting operations of foreign

civil aircraft navigated within the United States pursuant to part 375

or emergency mail service operations pursuant to section 405(h) of the

Federal Aviation Act of 1958 is excluded from the requirements of this

section.

(b) Refusal by the holder of a certificate issued under this part

to take a test for a drug specified in Appendix I to part 121 of this

chapter, when requested by an employer as defined in that appendix or

an operator as defined in Sec. 135.1(c) of this chapter, under the

circumstances specified in that appendix is grounds for:

(1) Denial of an application for any certificate or rating issued

under this part for a period of up to 1 year after the date of that

refusal; and

(2) Suspension or revocation of any certificate or rating issued

under this part.

Subpart B--Aviation Maintenance Technicians

Sec. 66.71 Eligibility requirements: General.

(a) To be eligible for an aviation maintenance technician

certificate and associated ratings, a person must:

(1) Be at least 18 years of age;

(2) Demonstrate the ability to read, write, speak, and understand

the English language by reading and explaining appropriate maintenance

publications and by writing defect and repair statements;

(3) Have passed all of the prescribed tests within a period of 24

months; and

(4) Comply with the sections of this subpart that apply to the

rating the applicant seeks.

(b) A certificated aviation maintenance technician who applies for

an additional rating must meet the requirements of Sec. 66.77 and,

within a period of 24 months, pass the tests prescribed by Secs. 66.75

and 66.79 for the additional rating sought.

Sec. 66.73 Ratings.

(a) The following ratings are issued under this subpart:

(1) Airframe.

(2) Powerplant.

(b) A mechanic certificate with an aircraft or aircraft engine

rating or both, or with an airframe or powerplant rating or both, that

was issued before, and was valid on, [effective date of final rule], is

equal to an aviation maintenance technician certificate with an

airframe or powerplant rating, or both, as the case may be, and may be

exchanged for such a corresponding certificate and rating or ratings.

Sec. 66.75 Knowledge requirements.

(a) Each applicant for an aviation maintenance technician

certificate or rating must, after meeting the applicable requirements

of Sec. 66.77, pass a written test covering the construction and

maintenance of aircraft appropriate to the rating sought, the

regulations in this subpart, and the applicable provisions of this

chapter. The basic principles covering the installation and maintenance

of propellers are included in the powerplant test.

(b) The applicant must pass all sections of the written test before

applying for the oral and practical tests prescribed by Sec. 66.79. A

report of the written test will be made available to the applicant.

Sec. 66.77 Experience requirements.

Each applicant for an aviation maintenance technician certificate

or rating must present either an appropriate graduation certificate or

a certificate of completion from a certificated aviation maintenance

technician school or documentary evidence, acceptable to the

Administrator, of--

(a) At least 3,000 hours 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; or

(b) At least 5,000 hours of practical experience concurrently

performing the duties appropriate to both the airframe and powerplant

ratings.

Sec. 66.79 Competency requirements.

Each applicant for an aviation maintenance technician certificate

or rating must demonstrate competency in performing tasks appropriate

to the rating sought by passing both an oral and a practical test.

These tests will be based upon the subjects covered by the written test

for that rating. An applicant for a powerplant rating must show the

ability to make satisfactory minor repairs to, and minor alterations

of, propellers.

Sec. 66.80 Certificated aviation maintenance technician school

students

Whenever an aviation maintenance technician school certificated

under part 147 of this chapter demonstrates to an FAA inspector that

one of its students has made satisfactory progress at the school and is

prepared to take the oral and practical tests prescribed by Sec. 66.79,

that student may take those tests during the final subjects of that

student's training in the approved curriculum before meeting the

applicable experience requirements of Sec. 66.77 and before passing

each section of the written test prescribed by Sec. 66.75.

Sec. 66.81 General privileges and limitations.

(a) A certificated aviation maintenance technician may perform or

supervise the maintenance, preventive maintenance, or alteration of an

aircraft or appliance, or a part thereof, for which that person is

rated (excluding major repairs to, and major alterations of propellers

and any repair to, or alteration of, instruments) and may perform

additional duties in accordance with Secs. 66.85, 66.87, and 66.95.

(b) A certificated aviation maintenance technician may supervise

the maintenance, preventive maintenance or alteration of, or approve

and return to service, any aircraft or appliance, or part hereof, for

which the person is rated, provided the aviation maintenance technician

has:

(1) Satisfactorily performed the work concerned at an earlier date;

or

(2) Demonstrated the ability to perform the work to the

satisfaction of the Administrator; or

(3) Received training acceptable to the Administrator on the

specific equipment on which the work is to be performed; or

(4) Performed the work while working under the direct supervision

of a certificated and appropriately rated aviation maintenance

technician or certificated aviation repair specialist, who has:

(i) Had previous experience in the specific operation concerned; or

(ii) Received training acceptable to the Administrator on the

specific equipment on which the work is to be performed.

(c) A certificated aviation maintenance technician may not exercise

the privileges of the certificate and rating unless the aviation

maintenance technician understands the current instructions of the

manufacturer and the maintenance instructions for the specific

operation concerned.

Sec. 66.83 Currency requirements.

(a) Except as provided in paragraphs (b), (c), and (d) of this

section, a certificated aviation maintenance technician may not

exercise the privileges of the certificate and rating unless, within

the preceding 24 months:

(1) The aviation maintenance technician has for at least 1,000

hours:

(i) Served as an aviation maintenance technician under his or her

certificate and rating; or

(ii) Served under the supervision of a certificated aviation

maintenance technician; or

(iii) Technically supervised other aviation maintenance

technicians; or

(iv) Served as an aviation maintenance instructor under an aviation

maintenance training program acceptable to the Administrator; or

(v) Directly supervised other aviation maintenance instructors, who

are serving under an aviation maintenance training program acceptable

to the Administrator; or

(vi) Supervised, in an executive capacity, the maintenance or

alteration of aircraft; or

(vii) Been engaged in any combination of paragraphs (a)(1) (i)

through (vi) of this section; and

(2) successfully completed:

(i) An aviation maintenance technician refresher course, inspection

authorization refresher course, or a series of such courses, acceptable

to the Administrator, consisting of a total of not less than 16 hours

of instruction; or

(ii) A course or courses of instruction, appropriate to the duties

of an aviation maintenance technician and acceptable to the

Administrator, consisting of a total of not less than 16 hours of

instruction;

(b) A certificated aviation maintenance technician who has not met

the requirements of paragraph (a) of this section may exercise the

privileges of the certificate and rating including for compensation or

hire if, within the preceding 24 months the aviation maintenance

technician has:

(1) Successfully completed a requalification course acceptable to

the Administrator; or

(2) The Administrator has found that the aviation maintenance

technician is competent to exercise the privileges of the certificate

and rating.

(c) A certificated aviation maintenance technician who has not

completed the training specified in paragraph (a)(2) of this section

but has otherwise met the requirements of paragraph (a)(1) of this

section may exercise the privileges of the certificate and rating but

not for compensation or hire.

(d) Paragraph (a)(2) of this section does not apply to an aviation

maintenance technician who within the preceding 24 months exercised the

privileges of the certificate and ratings--

(1) for a certificate holder authorized to operate under the

provisions of parts 121, 127, or 135 of this chapter; or

(2) for a U.S.-certificated repair station that performs work in

accordance with Sec. 145.2(a), or for a U.S.-certificated repair

station that conducts a maintenance and preventive maintenance training

program; or

(3) as an aviation maintenance instructor for an aviation

maintenance training program acceptable to the Administrator.

Sec. 66.85 Airframe rating; additional privileges.

A certificated aviation maintenance technician with an airframe

rating may approve and return to service an airframe, or any related

part or appliance, after the aviation maintenance technician has

performed, supervised, or inspected its maintenance or alteration

(excluding major repairs and major alterations). In addition, the

aviation maintenance technician may perform the 100-hour inspection

required by part 91 of this chapter on an airframe, or any related part

or appliance, and approve and return it to service.

Sec. 66.87 Powerplant rating; additional privileges.

A certificated aviation maintenance technician with a powerplant

rating may approve and return to service a powerplant or propeller or

any related part or appliance, after the aviation maintenance

technician has performed, supervised, or inspected its maintenance or

alteration (excluding major repairs and major alterations). In

addition, the aviation maintenance technician may perform the 100-hour

inspection required by part 91 of this chapter on a powerplant or

propeller, or any part thereof, and approve and return it to service.

Sec. 66.89 Display of certificate.

Each person who holds an aviation maintenance technician

certificate shall keep it within the immediate area where the aviation

maintenance technician normally exercises the privileges of the

certificate and shall present it for inspection upon the request of the

Administrator or an authorized representative of the National

Transportation Safety Board, or of any Federal, State, or local law

enforcement officer.

Sec. 66.91 Inspection authorization.

(a) An application for an inspection authorization is made on a

form and in a manner prescribed by the Administrator.

(b) An applicant who meets the requirements of this section is

entitled to an inspection authorization.

(c) To be eligible for an inspection authorization, an applicant

must:

(1) Hold a currently effective aviation maintenance technician

certificate with both an airframe rating and a powerplant rating, each

of which is currently effective and has been in effect for a total of

at least 3 years;

(2) Have been actively engaged, for at least the 2-year period

before the date of application, in maintaining aircraft certificated

and maintained in accordance with this chapter;

(3) Have a fixed base of operations at which the applicant may be

located in person or by telephone during a normal working week but it

need not be the place where the applicant will exercise inspection

authority;

(4) Have available the equipment, facilities, and inspection data

necessary to properly inspect airframes, powerplants, propellers, or

any related part or appliance; and

(5) Pass a written test demonstrating the ability to inspect

according to safety standards for returning aircraft to service after

major repairs, major alterations, annual inspections, and progressive

inspections performed under part 43 of this chapter.

(d) An applicant who fails the test prescribed in paragraph (c)(5)

of this section may not apply for retesting until at least 90 days

after the date of the test.

Sec. 66.92 Inspection authorization: Duration.

(a) Each inspection authorization expires on March 31 of the second

year after its issuance. However, the holder may exercise the

privileges of that authorization only while holding a currently

effective aviation maintenance technician certificate with both a

currently effective airframe rating and a currently effective

powerplant rating.

(b) An inspection authorization ceases to be effective whenever any

of the following occurs:

(1) The authorization is surrendered, suspended, or revoked,.

(2) The holder no longer has a fixed based of operation.

(3) The holder no longer has the equipment, facilities, and

inspection data required by Sec. 66.91(c) (3) and (4) for issuance of

the authorization.

(c) The holder of an inspection authorization that is suspended or

revoked shall, upon the Administrator's request, return it to the

Administrator.

Sec. 66.93 Inspection authorization: Renewal.

(a) To be eligible for renewal of an inspection authorization for a

2-year period, an applicant must present biennially, during the month

of March, at an FAA Flight Standards District Office or an

International Field Office, evidence that the applicant still meets the

requirements of Sec. 66.91(c)(1) through (4) and must show that, during

the current period that the applicant held the inspection

authorization, the applicant--

(1) Has performed at least one annual inspection for each 3 months

that the applicant held the current authority; or

(2) Has performed inspections of at least two major repairs or

major alterations for each 3 months that the applicant held the current

authority; or

(3) Has performed or supervised and approved at least one

progressive inspection in accordance with standards prescribed by the

Administrator for each 12 months that the applicant held the current

authority; or

(4) Has maintained an aircraft pursuant to an inspection program

specified under Sec. 91.409(f) (3) or (4) during each month that the

applicant held the current authority; or

(5) Has performed any combination of (a) (1) through (4); or

(6) Has successfully completed an inspection authorization

refresher course or series of courses, acceptable to the Administrator,

consisting of a total of not less than 16 hours of instruction during

the 24-month period preceding the application for renewal; or

(7) Has passed an oral test by an FAA inspector to determine that

the applicant's knowledge of applicable regulations and standards is

current.

(b) The holder of an inspection authorization that has been in

effect for less than 90 days before the expiration date need not comply

with subparagraphs (a) (1) through (7) of this section.

Sec. 66.95 Inspection authorization: Privileges and limitations.

(a) The holder of an inspection authorization may:

(1) Inspect and approve for return to service any aircraft or

related part or appliance (except any aircraft maintained in accordance

with a continuous airworthiness program under part 121 or part 127 of

this chapter) after a major repair or major alteration to it in

accordance with part 43 of this chapter, if the work was done in

accordance with technical data approved by the Administrator; and

(2) Perform an annual, or perform or supervise a progressive

inspection according to Secs. 43.13 and 43.15 of this chapter.

(b) When exercising the privileges of an inspection authorization,

the holder shall keep it available for inspection by the aircraft owner

and the aviation maintenance technician submitting the aircraft,

repair, or alteration for approval (if any), and shall present it upon

the request of the Administrator or an authorized representative of the

National Transportation Safety Board, or of any Federal, State, or

local law enforcement officer.

(c) If the holder of an inspection authorization changes his or her

fixed base of operation, the holder may not exercise the privileges of

the authorization until he or she has notified the FAA Flight Standards

District Office or International Field Office for the area in which the

new base is located, in writing, of the change.

Subpart C--Aviation Repair Specialists

Sec. 66.101 Eligibility requirements: General.

(a) Except as provided in paragraph (b) of this section, to be

eligible for an aviation repair specialist certificate a person must:

(1) Be at least 18 years of age;

(2) Be specially qualified to perform maintenance on aircraft, or

components thereof, appropriate to the job for which that person is

employed;

(3) Be employed for a specific job, requiring those special

qualifications, by a certificated repair station, or by a certificated

commercial operator or certificated air carrier, that is required by

its operating certificate or approved operations specifications to

provide a continuous airworthiness maintenance program according to its

maintenance manuals;

(4) Be recommended for certification by his or her employer, to the

satisfaction of the Administrator, as able to satisfactorily maintain

aircraft or components, appropriate to the job for which the person is

employed;

(5) Have either:

(i) At least 3000 hours of practical experience in the procedures,

practices, inspection methods, materials, tools, machine tools, and

equipment generally used in the maintenance duties of the specific job

for which the person is to be employed and certificated; or

(ii) Completed formal training that is acceptable to the

Administrator and is specifically designed to qualify the applicant for

the job in which the applicant is to be employed; and

(6) Demonstrate the ability to read, write, speak, and understand

the English language by reading and explaining appropriate maintenance

publications and by writing defect and repair statements.

(b) This section does not apply to the issuance of aviation repair

specialist certificates (experimental aircraft builder) under

Sec. 66.104.

(c) A valid repairman certificate is equal to an aviation repair

specialist certificate and may be exchanged for such a corresponding

certificate.

Sec. 66.103 Aviation repair specialist certificate: Privileges and

limitations.

(a) A certificated aviation repair specialist may perform or

supervise the maintenance, preventive maintenance, or alteration of

aircraft or aircraft components appropriate to the job for which the

aviation repair specialist was employed and certificated but only in

connection with duties for the certificate holder by whom the aviation

repair specialist was employed and recommended.

(b) A certificated aviation repair specialist may not perform or

supervise duties under the aviation repair specialist certificate

unless the individual understands the current instructions of the

certificate holder by whom the aviation repair specialist is employed

and the manufacturer's instructions for continued airworthiness

relating to the specific operations concerned.

Sec. 66.104 Aviation repair specialist certificate--experimental

aircraft builder--eligibility, privileges and limitations.

(a) To be eligible for an aviation repair specialist certificate

(experimental aircraft builder), an individual must--

(1) Be at least 18 years of age;

(2) Be the primary builder of the aircraft to which the privileges

of the certificate are applicable;

(3) Show to the satisfaction of the Administrator that the

individual has the requisite skill to determine whether the aircraft is

in a condition for safe operations; and

(4) Be a citizen of the United States or an individual citizen of a

foreign country who has lawfully been admitted for permanent residence

in the United States.

(b) The holder of an aviation repair specialist certificate

(experimental aircraft builder) may perform condition inspections on

the aircraft constructed by the holder in accordance with the operating

limitations of that aircraft.

(c) Section 66.103 does not apply to the holder of an aviation

repair specialist certificate (experimental aircraft builder) while

performing under that certificate.

Sec. 66.105 Display of certificate.

Each person who holds an aviation repair specialist certificate

shall keep it within the immediate area where the individual normally

exercises the privileges of the certificate and shall present it for

inspection upon the request of the Administrator or an authorized

representative of the National Transportation Safety Board, or of any

Federal, State, or local law enforcement officer.

Issued in Washington, DC on August 10, 1994.

Thomas C. Accardi,

Director, Flight Standards Service.

[FR Doc. 94-20004 Filed 8-16-94; 8:45 am]

BILLING CODE 4910-13-M