Airmen certification: Mechanics and repairmen; certification and training requirements,

[Federal Register: July 9, 1998 (Volume 63, Number 131)]

[Proposed Rules]

[Page 37171-37210]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09jy98-23]

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Part II

Department of Transportation

Federal Aviation Administration

14 CFR Parts 65, 66, and 147

Revision of Certification Requirements: Mechanics and Repairmen; Proposed Rules

Proposed Advisory Circulars, 66-XX: Aviation Maintenance Personnel Certification Regulations, Recurrent Training Requirements, and Aviation Maintenance Technician Training Program Providers Approval; Notice

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 65, 66, and 147

[Docket No. 27863; Notice No. 98-5]

RIN 2120-AF22

Revision of Certification Requirements: Mechanics and Repairmen

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to amend the Federal Aviation Regulations (FAR) that prescribe the certification and training requirements for mechanics and repairmen. Current regulations prescribing these requirements do not reflect the extensive differences in the maintenance skills required of currently certificated personnel, 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, and experience requirements for aviation maintenance personnel in a newly established part of the Code of Federal Regulations. The proposed rule would create additional certificates and ratings, and would modify the privileges and limitations of current certificates to respond more closely to the responsibilities of aviation maintenance personnel. In addition, the proposal would establish new training requirements that would enhance the technical capabilities of, and increase the level of professionalism among, aviation maintenance personnel. Further, as current rules do not provide the FAA with an accurate assessment of active aviation maintenance personnel, the proposal also would provide the FAA with essential demographic information that could be used to disseminate vital aviation safety and training information, thereby enhancing aviation safety. All of the proposals in this document have been extensively researched for the FAA by the Aviation Rulemaking Advisory Committee (ARAC) Part 65 Working Group, and all proposals made in this document are based on the ARAC's recommendations.

DATES: Comments must be received on or before November 6, 1998.

ADDRESSES: Comments on this proposed rule should be delivered or mailed, in triplicate, to: Federal Aviation Administration, Office of the Chief Counsel, Attn: Rules Docket (AGC-200), Docket No. 27863, Room 915G, 800 Independence Avenue SW., Washington, DC 20591. Comments submitted must be marked: ``Docket No. 27863.'' Comments also may be submitted electronically to the following Internet address: 9-NPRM- CMTS@faa.dot.gov. Comments may be examined in Room 915G on weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Leslie K. Vipond, AFS-350, Continuous Airworthiness 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 also are invited. Substantive comments should be accompanied by cost estimates. 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, as well as a report summarizing each substantive public contact with FAA personnel on this rulemaking, will be filedin the docket. The docket is available for public inspection before and after the comment closing date.

All comments received on or before the closing date will be considered by the Administrator before taking action on this proposed rulemaking. Late-filedcomments will be considered to the extent practicable. The proposals contained in this notice may be changed in light of the comments received.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a pre-addressed, stamped postcard with those comments 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

Using a modem and suitable communications software, an electronic copy of this document may be downloaded from the FAA regulations section of the FedWorld electronic bulletin board service (telephone: (703) 321-3339), the Government Printing Office's electronic bulletin board service (telephone: (202) 512-1661), or the FAA's Aviation Rulemaking Advisory Committee bulletin board service (telephone: (800) 322-2722).

Internet users may reach the FAA's webpage at http://www.faa.gov/ avr/nprm/nprm.htm or the Government Printing Office's webpage at http:/ /www.access.gpo.gov/nara for access to recently published rulemaking documents.

Any person may obtain a copy of this NPRM by submitting a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9860. 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

Statement of the Problem

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 has conducted a multiphase regulatory review to amend subparts D and E of 14 CFR part 65, which pertain to mechanics and repairmen. Since the recodification of the Civil Air Regulations into the FAR on August 10, 1962, a complete regulatory review of the certification requirements for these airmen has not been accomplished, and few significant revisions to these 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 aviation maintenance operations. Additionally, various and often conflicting interpretations of the existing regulations have resulted in confusion among the airmen for whom this part was intended. Based on these factors, the FAA has instituted this complete regulatory review of part 65, subparts D and E.

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History

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 recommended changes to part 65. The group was composed of 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 completed on January 31, 1991. This paper presented the issues of general agreement within the review group and issues that the group believed would require further discussion.

In support of this regulatory review, the FAA also completed a historical review of part 65, subparts D and E, on October 22, 1991. This review revealed that, as of October 1991, there had been 17 amendments (1 of which was rescinded), 3 petitions for rulemaking, and 100 exemption actions to these subparts since recodification in 1962. In addition, one accident, the Aloha Airlines Boeing 737 structural failure on April 28, 1988, generated National Transportation Safety Board (NTSB) recommendations related to amending 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 have not graduated from an aviation maintenance technician school approved under 14 CFR part 147 to take the oral and practical tests for a certificate or rating before completing the required written tests.

The majority of the requests for exemption, FAA policy letters, and legal interpretations regarding mechanics pertained to issues affecting inspection authorization renewal or to general eligibility and experience requirements. The majority of requests for similar actions concerning repairmen involved issues pertaining to certificate privileges and limitations.

During 1991, the FAA conducted a survey of FAA regional offices on the certification of mechanics, holders of inspection authorizations, and repairmen. A copy of this survey has been placed in Docket No. 27863.

The survey questions were derived from issues that were raised 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), regarding written test requirements; (6) adding the term ``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 mechanics and repairmen, the continued acceptance of military aircraft maintenance experience as the basis for airframe and powerplant mechanic certification, and changes in the units of time (from months to hours) used in current Sec. 65.77 to measure experience requirements for mechanics.

Further impetus for the part 65 review came with the establishment of the ARAC. The ARAC charter became effective on February 5, 1991 (56 FR 2190, January 22, 1991). It was most recently renewed on February 5, 1997 (FAA Order 1110.119C, Aviation Rulemaking Advisory Committee; March 3, 1997). The ARAC was established to assist the FAA in the rulemaking process by providing input from outside the Federal Government on major regulatory issues affecting aviation safety. The ARAC includes representatives of air carriers, manufacturers, general aviation, labor groups, colleges, universities, associations, airline passenger groups, and the general public. The 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 be revised or eliminated. The FAA has received significant assistance from the ARAC in this review and in the formulation of the proposals in this NPRM.

At its first meeting on air carrier/general aviation maintenance issues on May 24, 1991 (56 FR 20492, May 3, 1991), the ARAC established the Part 65 Working Group. The ARAC tasked this Working Group to conduct a review of the certification requirements for mechanics, mechanics holding inspection authorizations, and repairmen. At that time, these requirements were in part 65, subparts D and E. Because the scope of the Working Group's task was extensive, the group divided its review of the certification requirements for aviation maintenance personnel into two phases.

Once the first phase of this review was complete, the ARAC analyzed the efforts of the Working Group and made a series of recommendations to the FAA, which resulted in the FAA's issuance of Notice No. 94-27 on August 17, 1994 (59 FR 42430). That NPRM proposed: (1) Establishing a separate part 66 for aviation maintenance personnel; (2) removing gender-specific terms from the original regulation; (3) changing the term ``mechanic'' to ``aviation maintenance technician''; (4) changing the term ``repairman'' to ``aviation repair specialist''; (5) establishing the equivalency of the aviation maintenance technician certificate and the aviation repair specialist certificate with current mechanic and repairman certificates; (6) allowing facsimiles to be used in the process of replacing lost or destroyed aviation maintenance technician and aviation repair specialist certificates; (7) requiring applicants to demonstrate English-language proficiency by reading and explaining appropriate maintenance publications and by writing defect and repair statements; (8) discontinuing the certification of aviation maintenance personnel who are employed outside the United States and who are not proficient in the English language; (9) requiring all aviation maintenance technician applicants to pass a written test that would examine their knowledge of all applicable maintenance regulations; (10) clarifying the requirement that each applicant for an aviation maintenance technician certificate pass all written tests before applying for oral and practical tests; (11) recognizing computer-based testing methods; (12) specifying all experience requirements in hours instead of months for initial certification; (13) establishing a basic competency requirement for aviation maintenance technicians; (14) allowing aviation maintenance technicians to use equipment-specific training as an additional means to qualify for the exercise of certificate

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privileges; (15) permitting aviation maintenance instructors to use instructional time to satisfy currency requirements; (16) establishing training requirements for aviation maintenance technicians who desire to use their certificates for compensation or hire; (17) extending the duration of an inspection authorization from 1 to 2 years; and (18) expanding the renewal options available to the holder of an inspection authorization.

After further work by the Part 65 Working Group and the rapid completion of the second phase of the Working Group's review of the certification requirements for mechanics and repairmen, the ARAC recommended that the FAA consolidate the proposals made in Notice 94-27 with those proposals made by the ARAC at the completion of the second phase of the regulatory review. This decision was based on the ARAC's evaluation that the proposals made in the second phase of the Part 65 Working Group's review of the certification requirements for aviation maintenance personnel would cause significant changes to the format and content of proposed part 66, as set forth in Notice No. 94-27, which proposed the changes recommended by the ARAC and the FAA after the completion of the first phase of the review. As a result of the creation of new subparts in proposed part 66 for the aviation maintenance technician (transport) (AMT(T)) certificate and the inspection authorization, the addition of a separate rating for aviation maintenance instructors, and the creation of an additional aviation repair specialist certificate, the ARAC determined that the general organization of part 66, as previously proposed, would be greatly altered.

The FAA, in an effort to avoid confusion in the implementation of the final rule, agreed with the ARAC's recommendation and determined that the changes proposed in the earlier NPRM and the additional changes proposed as a result of recommendations made at the completion of the second phase of the regulatory review should be reconciled and consolidated into a single NPRM containing both sets of proposals. Therefore, the FAA is withdrawing the initial NPRM in a document published elsewhere in this separate part of the Federal Register. The FAA contends that the creation of part 66, as set forth in the earlier proposal, followed by a series of sweeping changes to implement the additional proposals set forth in this NPRM, would have been confusing to the aviation maintenance community and would have hindered the implementation of the changes that the Working Group has set out to accomplish.

The proposals developed during both phases 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. This NPRM reconciles the proposals made in the earlier NPRM with the proposals made as a result of the completion of the second phase of the ARAC's review of the certification requirements for aviation maintenance personnel. As stated previously, all of the proposals in this NPRM have been extensively researched for the FAA by the Part 65 Working Group, and all proposals made in this NPRM are based on the ARAC's recommendations.

General Discussion of the Proposal

Modification of the Previous Proposal

A majority of the proposals developed during the first phase of the regulatory review and set forth in Notice No. 94-27 also have been set forth in this proposal. Of those 18 specific proposals previously noted as being set forth in the earlier NPRM, fewer than half have been significantly modified in this NPRM.

Many of the discrepancies between the current proposal and the earlier NPRM resulted from the previous proposal to equate a mechanic certificate to an aviation maintenance technician (AMT) certificate. As a result of the completion of the second phase of this review, the FAA proposes the creation of AMT and AMT(T) certificates. The current mechanic certificate with airframe and powerplant ratings would be equivalent to the proposed AMT(T) certificate with an aircraft rating (with no loss of privileges) and not the AMT certificate, as stated in the earlier NPRM. The original proposal to change the term ``mechanic'' to ``aviation maintenance technician'' has, therefore, been modified to reflect the proposed change. All privileges granted to an AMT(T) with an aircraft rating, as set forth in this notice, would apply to the holder of a current mechanic certificate with airframe and powerplant ratings. The holder of the proposed AMT certificate with an aircraft rating would not possess the full approval for return-to-service privileges of the holder of either the current mechanic certificate with an airframe and powerplant rating or the proposed (and equivalent) AMT(T) certificate with an aircraft rating.

This proposal also would combine the current airframe and powerplant ratings into a single ``aircraft'' rating. The FAA would not issue any proposed certificates with airframe and powerplant ratings as stated in the previous NPRM.

In the earlier NPRM, information pertaining to inspection authorizations was found solely in the subpart of proposed part 66 that would pertain to AMTs. The current proposal, however, would create two certificates (the AMT and AMT(T)), both of whose holders would be eligible for inspection authorization privileges. Therefore, the proposal would remove those sections that pertain to inspection authorizations from the subpart, proposed in the earlier NPRM, that was applicable solely to the AMT certificate and place this information in a separate subpart applicable to AMT and AMT(T) certificates. Additionally, the proposal would not permit participation in current inspection programs recommended by the manufacturer or other inspection programs established by the registered owner or operator under 14 CFR Sec. 91.409(f)(3) or (4), as a means of satisfying inspection authorization renewal requirements.

By establishing a new type of aviation repair specialist certificate based on proficiency in a designated specialty area but not linked to employment, this proposal significantly reorganizes the subpart of previously proposed part 66 applicable to aviation repair specialists. Although Notice No. 94-27 states that a valid repairman certificate would be equal to an aviation repair specialist certificate, under the proposal contained in this notice, the current repairman certificate would only be equivalent to the aviation repair specialist certificate issued on the basis of employment (ARS-II) and not to the aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I) (unless the FAA issued the current repairman certificate based on compliance with a recognized national standard, such as that established for nondestructive inspection).

Additionally, as a result of comments received on the earlier NPRM, the proposal to specify practical experience requirements in hours for the issuance of an AMT certificate would be retained; however, the time interval in which recent experience requirements would be measured would continue to be stated in months. Also as a result of comments received, this proposal would propose a mandatory recurrent training requirement for AMTs and AMT(T)s who use their certificates for compensation or hire; however, this NPRM would not propose that this recurrent training consist of a minimum of 16 hours of recurrent training every

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24 months, as stated in the previous NPRM. To afford aviation maintenance personnel greater latitude in the types of training that could be used to qualify for the exercise of certificate privileges, this proposal would change the more restrictive term ``equipment- specific training,'' as set forth in the earlier proposal, to ``appropriate training.'' The proposal also would permit training on the ``tasks to be performed'' to be used to qualify a person for the exercise of certificate privileges, rather than require training to be on the ``equipment on which the work is to be performed.'' Therefore, completion of training sufficient to permit the exercise of certificate privileges would not need to be conducted on the identical make and model of an item on which subsequent work would be performed. Maintenance personnel would be permitted to complete training by performing similar maintenance tasks on different makes and models of equipment. This would provide maintenance personnel with increased opportunities to obtain qualifying training without causing any decrease in safety.

To decrease the possibility that a certificate holder would have to make any additional requests for a telegram or facsimile to be used as proof of certification after a replacement certificate has been requested, this NPRM also would increase the period of validity of telegrams and facsimiles used as proof of certification from 60 days to 90 days.

Additionally, the FAA has revised the certificate eligibility requirements relating to English-language proficiency to permit aviation maintenance personnel who are deaf, hard of hearing, speech impaired, or possess similar medical conditions, yet have a command of the English language, to meet certificate eligibility requirements. Therefore, the FAA has added a provision to the proposed certificate eligibility requirements that would permit an individual who has a demonstrated proficiency in the English language, but who may not be able to meet the proposed requirements because of a medical condition, to have limitations placed on his or her certificate that would permit the exercise of certificate privileges.

New Proposals Based on the Completion of the Second Phase of the Regulatory Review of the Certification Requirements for Mechanics and Repairmen

Additional proposals developed during Phase II of the regulatory review and set forth in this NPRM would: (1) establish AMT and AMT(T) certificates; (2) establish additional training requirements for individuals seeking the AMT(T) certificate with an aircraft rating; (3) consolidate current airframe and powerplant ratings into a proposed aircraft rating; (4) provide for the registration of holders of AMT and AMT(T) certificates; (5) establish an aviation maintenance instructor rating; (6) permit AMTs and AMT(T)s to perform maintenance on horizontal card liquid-filled compasses; (7) grant inspection authorization privileges based on the type of certificate held by an individual; (8) require applicants for the inspection authorization to successfully complete an inspection authorization refresher course before application; (9) establish an aviation repair specialist certificate that may be issued independent of employment (ARS-I), based on proficiency in designated specialty areas; (10) require the holder of any certificate issued under proposed part 66 to notify the FAA of a change of address to continue to exercise the privileges of the certificate; (11) establish procedures for the approval of AMT(T) training providers; (12) permit certain aviation maintenance technician schools to test applicants for the AMT certificate; (13) establish procedures by which the Administrator would be able to grant, by waiver, certificates to applicants who have not met certain requirements of proposed part 66; and (14) replace the term ``written test'' with ``knowledge test''.

The remainder of this preamble addresses the proposed changes resulting from both phases of the FAA's review of the certification requirements for mechanics and repairmen through a discussion of the principal issues and in a section-by-section analysis of the proposed rule.

Principal Issues

Establishment of a Separate Subpart for Aviation Maintenance Personnel

Current part 65, in addition to regulating the certification requirements for aviation maintenance personnel, regulates the certification of airmen such as aircraft dispatchers, air traffic control tower operators, and parachute riggers, whose certification requirements and duties differ markedly from those of aviation maintenance personnel. Current industry estimates indicate that there are more than 145,000 certificated mechanics and repairmen. Among personnel certificated by the FAA, 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 recent experience 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. Therefore, the FAA proposes to establish a new part 66 under the title ``Certification: Aviation maintenance personnel.'' This new part would be created by removing subparts D (Mechanics) and E (Repairmen) from current part 65 and by using these existing subparts as the nucleus for the newly created subpart B (Aviation Maintenance Technicians), subpart C (Aviation Maintenance Technicians (Transport)), subpart D (Inspection Authorizations), and subpart E (Aviation Repair Specialists) under proposed part 66. The sections of current subpart A (General) of part 65 that apply to aviation maintenance personnel would be included in subpart A of proposed part 66.

The addition of this new part to the FAR is warranted because of the proposed creation of additional certificates and ratings for aviation maintenance personnel, the expansion of current certification requirements, and the increasing complexity of the training and experience requirements affecting aviation maintenance personnel.

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 types 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 (which regulates aviation maintenance technician schools), aviation maintenance trade publications, and the

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civil aviation regulations of many ICAO member states. Accordingly, the FAA proposes not to use the term ``mechanic'' to designate certificates issued under proposed part 66.

Establishment of Aviation Maintenance Technician (AMT) Certificates and Aviation Maintenance Technician (Transport) (AMT(T)) Certificates

The Pilot and Aviation Maintenance Technician Blue Ribbon Panel, in its report titled ``Pilots and Aviation Maintenance Technicians for the Twenty-First Century: An Assessment of Availability and Quality,'' noted that current FAA certification requirements do not give aviation maintenance personnel the entry-level experience and skills necessary for work involving transport-category aircraft that employ new technology. The panel further noted that because of the rapid acceleration of technological advances, the ability of AMTs to master this new technology without enhanced training is becoming exceedingly difficult. The Blue Ribbon Panel concluded that more preparation and training are required to meet the higher levels of qualification that the aviation maintenance industry demands.

The Blue Ribbon Panel strongly recommended that the FAA develop the means necessary to train aviation maintenance personnel to a level of expertise beyond the level currently required. The FAA agrees that this training must be accomplished to ensure that aviation maintenance personnel possess the necessary skills to maintain the sophisticated aircraft that are in service today.

In recognition of the increasing complexity and integrated nature of the systems found in transport-category airplanes and transport- category rotorcraft, and as a result of the Blue Ribbon Panel's and ARAC's recommendations, the FAA proposes the creation of the AMT certificate and the AMT(T) certificate.

Under the proposal, the holder of an AMT(T) certificate with an aircraft rating would possess full approval for return-to-service privileges for all types of aircraft, including those transport- category aircraft certificated under 14 CFR part 25 or 14 CFR part 29. Individuals obtaining this certificate and rating after the effective date of the rule would be required to complete additional training in those systems and procedures of critical importance to the maintenance of sophisticated transport-category aircraft. Holders of current mechanic certificates with airframe and powerplant ratings would not be required to obtain this additional training.

The holder of an AMT certificate with an aircraft rating would possess all the privileges of the AMT(T) certificate (and the equivalent mechanic certificate with airframe and powerplant ratings) except for full approval for return-to-service privileges of aircraft certificated under part 25 or part 29.

The proposal would, however, provide approval for return-to-service privileges, for any aircraft certificated under part 25 or part 29, to the holder of the proposed AMT certificate under certain limited and specified circumstances. The proposal recognizes that an AMT may occasionally be called on to perform relatively uncomplicated maintenance on aircraft certificated under part 25 or part 29. The holder of an AMT certificate would be permitted to approve these aircraft for return to service only after the performance of those preventive maintenance tasks specified in paragraph (c) of appendix A to 14 CFR part 43, or after the performance of certain tasks specified by the Administrator. Those additional tasks specified by the Administrator would be published in advisory material. These exceptions to permit the approval for return to service of an aircraft certificated under part 25 or 29 by an AMT recognize that in certain limited circumstances an AMT may be required to perform preventive maintenance (or other tasks specifically approved by the Administrator) on a transport-category aircraft and approve that aircraft for return to service. This need could arise at a remote location where an AMT(T) would not be available.

An AMT would be permitted to perform maintenance and preventive maintenance on transport-category aircraft but would be permitted to approve for return to service only the airframe, or aircraft engine, propeller, appliance, component, or part of the aircraft. The AMT certificate holder would not be permitted to approve the transport- category aircraft for return to service following the completion of tasks that are not specified in paragraph (c) of appendix A to part 43, or those tasks that have not otherwise been specified by the Administrator.

In formulating this proposed rule, the ARAC and the FAA considered requiring certificate holders operating under 14 CFR part 121 to ensure that any person approving its aircraft for return to service, regardless of the aircraft's certification basis, possess a current and valid AMT(T) certificate. This restriction would not apply, however, to approval for return to service of an aircraft after the performance of those tasks specified in paragraph (c) of appendix A to part 43 or other tasks approved by the Administrator. The FAA solicits comments on including the provisions of this proposal in part 121. Based on the comments received, the FAA may adopt such provisions in a final rule.

Under the proposed rule, current limitations pertaining to the approval of items for return to service after the completion of major repairs or major alterations would be retained for holders of the proposed AMT(T) certificate and the AMT certificate with an aircraft rating.

As a result of the regulatory changes to the certification requirements in this portion of the proposal and in the section of this proposal pertaining to the issuance of aviation repair specialist certificates (discussed below), the proposal would result in a certification process that would be compatible with that recommended by ICAO. The proposed certificate structure also would more closely reflect Transport Canada's proposed technician certification structure and would, therefore, facilitate the implementation of the fairly comprehensive provisions that pertain to the reciprocal acceptance of maintenance actions by U.S. and Canadian entities that operate under the terms of the U.S.-Canadian Bilateral Airworthiness Agreement.

Any current and valid mechanic certificate with airframe and powerplant ratings would be equivalent to an AMT(T) certificate with an aircraft rating. Therefore, any individual who possesses a mechanic certificate with airframe and powerplant ratings before the effective date of the rule would possess the same approval for return-to-service privileges as the holder of the proposed AMT(T) certificate with an aircraft rating. A valid mechanic certificate with an airframe and powerplant rating could be exchanged for an AMT(T) certificate with an aircraft rating. However, such an exchange would not be necessary because both certificates would continue to be recognized by the FAA and the privileges and limitations of the certificates would be identical.

After the effective date of the rule, the FAA would cease issuing and no longer recognize mechanic certificates with aircraft and aircraft engine ratings. Mechanic certificates with these ratings have not been issued since 1952. Individuals who hold valid mechanic certificates with aircraft and aircraft engine ratings and who intend to exercise the privileges of the AMT(T) certificate are encouraged to exchange

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these certificates for mechanic certificates with airframe and powerplant ratings, as specified in current Sec. 65.73(b), before the effective date of the rule. If these individuals exchange their mechanic certificates with aircraft and aircraft engine ratings for mechanic certificates with airframe and powerplant ratings before the effective date of the rule, these individuals would hold the privileges of the AMT(T) certificate after the effective date of the rule. After the effective date of the rule, a mechanic certificate with aircraft and aircraft engine ratings could not be exchanged for a valid mechanic certificate with airframe and powerplant ratings or an AMT(T) certificate with an aircraft rating.

In addition, after the effective date of the rule, the FAA would cease issuing mechanic certificates with airframe and powerplant ratings. However, mechanic certificates with airframe and powerplant ratings issued before the effective date of the rule would continue to be recognized by the FAA. The proposal would not require holders of valid mechanic certificates with airframe and powerplant ratings to exchange their certificates for the proposed AMT(T) certificate. If the holder of a valid mechanic certificate with airframe and powerplant ratings wished to exchange his or her certificate for an AMT(T) certificate after the effective date of the rule, that individual could do so without having to receive any additional training. In the event of a lost or destroyed certificate, the holder of a valid mechanic certificate with airframe and powerplant ratings would be issued an AMT(T) certificate with an aircraft rating. A mechanic, however, would not be precluded from completing the AMT(T) training curriculum (or obtaining credit for previous equivalent training).

Establishment of Additional Training Requirements for Holders of the Aviation Maintenance Technician (Transport) Certificate

An essential prerequisite for an individual to obtain the proposed AMT(T) certificate would be the completion of an AMT(T) training program. Successful completion of this program would ensure that a person approving transport-category aircraft for return to service would possess the requisite level of expertise necessary to accomplish such tasks.

All aviation maintenance personnel must possess a basic level of knowledge and skill to maintain an aircraft properly and approve that aircraft for return to service. Therefore, the FAA contends that the complexity of large transport aircraft systems and the enhanced level of safety required in air carrier operations, where transport-category aircraft are primarily used, necessitate that aviation maintenance personnel approving these aircraft for return to service possess additional specialized skills and training.

The FAA recognizes that acquiring these skills is a time-consuming process and that today's mechanics often learn the requisite skills while working for an air carrier or repair station. However, whether a current mechanic has these skills cannot be readily discerned through a review of an individual's current certification record. The proposed AMT(T) certificate would ensure that all aviation maintenance personnel certificated after the effective date of the rule who approve transport-category aircraft for return to service possess these skills. The AMT(T) certificate also would provide the individual with a readily available, FAA-sanctioned recognition of a level of proficiency that previously could not be determined by reference to the individual's certificate.

Through the creation of this certificate, operators of aircraft certificated under part 25 or part 29 could be assured that the holder of an AMT(T) certificate issued after the effective date of the rule possesses the requisite knowledge and skill to approve these aircraft for return to service. This would enable operators to employ aviation maintenance personnel who could more rapidly meet the needs of their specific operating environment without having to participate in extensive operator-sponsored training programs before performing maintenance on these aircraft. Therefore, operators would be able to focus their training resources on aircraft type and difference training rather than on primary aircraft maintenance skills for transport- category aircraft. Aviation maintenance technician training schools also would be able to apply their training resources more efficiently and could spend more time training their students in the fundamental concepts and basic skills of aviation maintenance.

Under the proposal, an applicant for an AMT(T) certificate who does not already possess the equivalent mechanic certificate with airframe and powerplant ratings would only be required to possess a current and valid AMT certificate and present evidence that he or she has completed an AMT(T) training program, administered by an approved training provider, that meets specific curriculum requirements. These training requirements would be designed to ensure that the holder of the certificate is competent to approve these aircraft for return to service.

The proposed training requirements for the issuance of the AMT(T) certificate with an aircraft rating would place no burden on current mechanics with airframe and powerplant ratings. Currently certificated mechanics possess approval for return-to-service authority for aircraft certificated under part 25 and part 29. Any holder of a current and valid mechanic certificate with airframe and powerplant ratings would, therefore, possess the privileges of the AMT(T) certificate with the aircraft rating. The proposal would not require a certificate exchange, and the FAA would recognize a current mechanic certificate with airframe and powerplant ratings as being equivalent to the proposed AMT(T) certificate with the aircraft rating. As stated previously, if the holder of a valid mechanic certificate with airframe and powerplant ratings wished to exchange the certificate for an AMT(T) certificate with an aircraft rating, the individual could do so after the effective date of the rule without having to receive any additional training.

After the effective date of the proposed rule, individuals intending to obtain an AMT(T) certificate would have to possess a current and valid AMT certificate and attend and successfully complete an AMT(T) training program, given by an approved training provider, that consists of 573 hours of training in subjects of critical importance to individuals who maintain aircraft certificated under part 25 or part 29. Training would be provided in subject areas such as electronics, composites, publications, safety and environmental concerns, structural repair, and powerplants and systems. Inclusion of these specific subject areas and the determination of the specific amount of training time that would be devoted to each individual subject area were specifically recommended by the ARAC after extensive consultations with aviation maintenance personnel, aviation maintenance educators, and operators of transport-category aircraft.

The FAA, in conjunction with the ARAC and the Part 65 Working Group, has developed a detailed list of those individual subjects that it recommends should be required for inclusion in each subject area. The FAA has not, however, proposed that these individual subjects be included in the proposal, as their inclusion would require that any future proposal to change the subjects taught would have to be accomplished through rulemaking or through the grant of a petition for exemption. The FAA would publish, before the effective date of the

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final rule, a detailed list, in advisory material, of those subjects to be taught in an AMT(T) training program. By publishing this subject list in advisory material, the FAA could inform AMT(T) training providers of those subjects that should be taught in an AMT(T) training program and, in response to future developments in aviation technology, rapidly revise the list of subjects that are taught.

Because much of this training also can be obtained in aviation maintenance training programs used by certificate holders operating under 14 CFR part 121 or part 135, or repair stations certificated under 14 CFR part 145, individuals currently employed by these operators would be permitted to use the training gained in such programs to satisfy the requirements for the proposed AMT(T) certificate. However, these training programs would be required to meet the same standards as those of an AMT(T) training program administered by an approved training provider. The FAA contends that the flexibility provided by these training programs would enable the operator to tailor its training programs to meet current organizational maintenance requirements.

To refrain from unduly penalizing individuals currently possessing a mechanic certificate with a single rating, the effective date of the final rule is proposed for 18 months after its publication. This would permit these individuals to acquire either the airframe or powerplant rating, as appropriate, and facilitate the issuance of an AMT(T) certificate with an aircraft rating and its associated privileges and limitations. An individual possessing a mechanic certificate with a single rating would still be permitted to exercise the current privileges of that individual rating and those specified under proposed Sec. 66.109, except as noted in proposed Sec. 66.105.

Under the proposed rule, an individual holding a mechanic certificate with a single rating would be considered to hold the equivalent of an AMT(T) certificate limited to the privileges of the single rating. If the holder wished to exchange the certificate for an AMT(T) certificate, the AMT(T) certificate would include a specific endorsement limiting the certificate holder to the exercise of privileges identical to those of the current certificate and rating. In either case, the holder would not be permitted to approve for return to service the powerplant or propeller of any aircraft certificated under this chapter (or any related appliance, component, or part thereof) if the individual possessed only an airframe rating, or the airframe of any aircraft certificated under this chapter (or any related appliance, component, or part thereof) if the individual possessed only a powerplant rating. To have the limitation removed before the effective date of the rule, the individual would have to meet the knowledge, experience, and skill requirements necessary to obtain either the aircraft or powerplant rating, as appropriate. After the effective date of the rule, to have the limitation removed, the individual would have to receive the 573 hours of training required for the AMT(T) certificate. Therefore, the FAA strongly encourages anyone who holds a mechanic certificate with a single rating interested in obtaining an AMT(T) certificate without a limitation to obtain both the airframe and powerplant ratings before the effective date of the rule.

Additionally, certain individuals currently enrolled in aviation maintenance training programs may have enrolled in these training programs with the intent to apply only for one rating when they apply for the current mechanic certificate. To give these individuals the opportunity to complete their intended training without the additional expense of training for an unwanted rating, the FAA will continue to issue mechanic certificates and their associated ratings until the effective date of the rule. After that period, the FAA will only accept applications for, and issue, the proposed new certificates and ratings.

Most individuals currently enrolled in aviation maintenance training programs have enrolled in these programs with the intent of obtaining the approval for return-to-service privileges of the current mechanic certificate with both airframe and powerplant ratings. The FAA recognizes that some of these individuals may have only limited resources and may have enrolled in current mechanic training programs without notice of the proposed additional training requirements for the AMT(T) rating. The FAA contends that by establishing an effective date for the final rule as 18 months after its publication, these individuals would be provided with an adequate period of time to complete their training objectives and obtain mechanic certificates with airframe and powerplant ratings. Additionally, the FAA contends that the aviation maintenance training industry would require 18 months to develop adequate programs to train applicants for the AMT(T) certificate; therefore, a proposed effective date of 18 months after publication of the final rule is warranted.

Although the holder of a current mechanic certificate with airframe and powerplant ratings would possess the same privileges as the holder of an AMT(T) certificate with an aircraft rating and could exchange that mechanic certificate with airframe and powerplant ratings for an AMT(T) certificate with an aircraft rating without having to receive additional training, the FAA would encourage all current mechanics to complete the proposed training requirements for the AMT(T) certificate and aircraft rating.

Creation of an Aircraft Rating To Replace Current Airframe and Powerplant Ratings

In view of the integrated nature of today's aircraft and their associated systems, the FAA recognizes that the differences between the privileges and limitations conveyed by the current airframe and powerplant ratings are becoming less distinct. The FAA contends that the demands of current and future aviation technology require that aviation maintenance personnel have a broad-based level of knowledge. These demands frequently require the concurrent use of expertise associated with the disciplines of both airframe and powerplant maintenance.

Therefore, the proposal would require an applicant for an AMT certificate to possess the knowledge currently required of an applicant for the current mechanic certificate with both airframe and powerplant ratings at the time the individual applies for the proposed AMT certificate. The FAA contends that, by establishing an aircraft rating encompassing both the current airframe and powerplant ratings and by requiring an applicant to possess the training for both disciplines at the time of application for an AMT certificate, aviation maintenance personnel will better understand the nature and interrelationship of aviation systems as opposed to the individual maintenance disciplines. Such knowledge should lead to a greater understanding of how individual components affect other components within an aircraft and to a subsequent increase in the quality of aviation maintenance.

Similarly, an applicant for an AMT(T) certificate would be required to complete additional training that would encompass the disciplines of airframe and powerplant maintenance for transport-category aircraft and systems. After completion of this training, an applicant for an AMT(T) certificate would be awarded the AMT(T) certificate with an aircraft rating.

The proposal also would provide aviation maintenance technician

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schools with greater flexibility in developing their individual course curriculums. By requiring an applicant to apply for the consolidated aircraft rating, aviation maintenance technician schools would have the incentive to integrate the training requirements for each of the current ratings into a single consolidated program. This integration should result in a more productive and less costly use of the resources of these schools. It also should eliminate any duplication of training requirements found in separate airframe and powerplant rating training programs.

As a result of the issuance of the aircraft rating to new applicants for the AMT certificate, the differentiation of tasks between current holders of the airframe rating or the powerplant rating would gradually diminish. To give the FAA the opportunity to develop new types of testing procedures to facilitate this change, the proposal would remove current regulatory language stating that the installation and maintenance of propellers is covered on the powerplant test and that an applicant for a powerplant rating must show the ability to make satisfactory minor repairs to, and minor alterations of, propellers. Although the FAA will continue to certificate applicants using these procedures, removing this language would permit the FAA to develop testing procedures that are more flexible and more appropriately suited to the integrated aviation maintenance environment.

Establishment of Recurrent Training Requirements for Certificated Aviation Maintenance Personnel

Under current part 65, there are no specific provisions that require recurrent training for certificated mechanics. Current Secs. 121.375 and 135.433 require that an operator have a training program to ensure that persons performing maintenance or preventive maintenance functions be informed fully about procedures, techniques, and new equipment in use. Additionally, Sec. 145.2(a) requires that repair stations performing maintenance for a part 121 operator comply with part 121, subpart L (which includes the requirements of Sec. 121.375).

In an effort to ensure that all AMTs and AMT(T)s are fully informed of current maintenance practices in the rapidly changing aviation maintenance environment, the FAA proposes the adoption of recurrent training requirements for AMTs and AMT(T)s who use their certificates for compensation or hire. The proposal would particularly benefit AMTs and AMT(T)s who support operations conducted under part 91 and who do not receive training comparable to that received by AMTs and AMT(T)s who support operations conducted under part 121, part 135, or Sec. 145.2(a). This proposal would ensure that all holders of AMT or AMT(T) certificates who exercise the privileges of their certificates for compensation or hire, and who have the sole responsibility for ensuring the airworthiness of the equipment on which they perform maintenance, meet training requirements similar to those in place for AMTs and AMT(T)s supporting operations under part 121, part 135, or Sec. 145.2(a). In addition, this proposal also would ensure that all AMTs and AMT(T)s 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 AMT or AMT(T) who meets the prescribed work experience requirements and wishes to exercise, for compensation or hire, the privileges of the certificate or rating would be required to complete recurrent training.

Individuals who participate in currently required maintenance and preventive maintenance training programs provided by a certificate holder would meet the proposed recurrent training requirement. Individuals who do not receive recurrent training through a training program provided by a certificate holder could use a number of methods to meet the proposed requirement. An AMT refresher course, inspection authorization refresher course, or a series of such courses that are appropriate to the duties of an AMT or AMT(T) and acceptable to the Administrator could be used to satisfy the proposed recurrent training requirement. The FAA notes that by including a specific reference to the inspection authorization refresher course, the proposal seeks to encourage completion of this course by an AMT or AMT(T) who does not hold a current inspection authorization and, thereby, enhance that individual's understanding of the regulations relevant to the inspection authorization.

As an alternative to training provided in the form of an AMT, AMT(T), or inspection authorization refresher course, an AMT or AMT(T) who wishes to comply with the proposed recurrent training requirements and to exercise, for compensation or hire, the privileges of the certificate, may complete other training appropriate to the duties of an AMT or AMT(T). This training may be broad-based and would consist of any course, or series of courses, of instruction acceptable to the Administrator. A description of those additional types of courses that would be considered acceptable to the Administrator would be published in advisory material accompanying the publication of the final rule. For example, the completion of courses dealing with general maintenance practices or regulations applicable to maintenance operations would satisfy the intent of this proposed rule.

The FAA recognizes that many current mechanics 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 mechanics may receive training through aviation training centers or manufacturers' courses. The proposed rule would permit this type of maintenance instruction to be credited toward completion of the proposed recurrent training requirement, provided the instruction is acceptable to the Administrator.

The proposal also would include specific provisions applicable to individuals exercising the privileges of their certificates while employed by an operator under part 121 or part 135, or by a repair station performing work for an operator under part 121. Such individuals would be considered to meet the recurrent training requirements set forth in the proposed rule.

In addition, an aviation maintenance instructor providing instruction for an aviation maintenance training program acceptable to the Administrator, or serving as the direct supervisor of individuals providing aviation maintenance instruction for an aviation maintenance training program acceptable to the Administrator, would meet the proposed recurrent training requirements. As a result of their position as aviation maintenance instructors, these individuals are continually exposed to current maintenance practices and often disseminate information about new practices, techniques, and equipment to the aviation maintenance community. These individuals would be considered fully informed about current maintenance practices.

The FAA notes, however, that an aviation maintenance instructor could meet the requirements for the exercise of the privileges of the aircraft rating but might not be able to exercise the privileges of the aviation maintenance instructor rating if the instructor has provided less than 300 hours of instruction or served as a supervisory

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instructor for less than 300 hours during the preceding 24 months. However, recent experience requirements for the aviation maintenance instructor rating could be met if the individual successfully completed an AMT refresher course (or other course of instruction acceptable to the Administrator and appropriate to the duties of an aviation maintenance instructor) or if the Administrator specifically determined that the individual met the standard prescribed for the issuance of the rating.

Although the FAA considered establishing a requirement that recurrent training consist of a minimum of 16 hours every 24 months for AMTs and AMT(T)s supporting operations under part 91 and working for compensation or hire, the FAA has not proposed such action in this NPRM. The inclusion of a 16-hour recurrent training requirement for these individuals had been recommended by some participants in the Part 65 Working Group; however, it was the general consensus of the group that the specific number of hours for any proposed recurrent training requirement should be determined at a later date. Although written comments were solicited from all members of the group to provide justification for a specific recurrent training requirement, the FAA did not receive written comments providing such justification.

Currently, the FAA is engaged in a number of studies and activities to determine the appropriate level of recurrent training for aviation maintenance personnel. Specifically, the FAA is conducting an expanded job task analysis of those tasks performed by all aviation maintenance personnel to determine the appropriate focus and depth of recurrent training. The FAA also is analyzing accident data and airmen violations in which maintenance elements were a causal factor and is surveying its field inspectors in an effort to develop recurrent training requirements. The FAA also is sponsoring an ongoing study to determine the feasibility of forming a national training council that is composed of individuals, representatives of the aviation maintenance industry, and the FAA to determine proposed training requirements for aviation maintenance personnel. As a result of these efforts, the FAA is evaluating the appropriateness of consolidating all maintenance training into a single future NPRM and issuing detailed advisory material to provide specific guidance for the completion of training requirements. The FAA strongly supports the concept of recurrent training for aviation maintenance personnel and has proposed a recurrent training requirement in proposed part 66 that would establish a basic recurrent training for aviation maintenance personnel.

The recurrent training required under this proposal, as set forth in proposed Secs. 66.65 and 66.111, encompasses more types of training than the types of training that may be used to satisfy the provisions of proposed Secs. 66.63 and 66.109 for the exercise of specific privileges granted to AMTs and AMT(T)s with an aircraft rating. ``Training acceptable to the Administrator on the tasks to be performed,'' as set forth in proposed Secs. 66.63 and 66.109, is encompassed within the concept of training ``appropriate to the duties'' of an AMT or AMT(T), as set forth in proposed Secs. 66.65 and 66.111, and may be used to satisfy both requirements. However, compliance with the proposed recurrent training requirements of Sec. 66.65 or Sec. 66.111 does not automatically authorize the AMT to perform a specific task. For example, an AMT who received maintenance training on a specific make and model of aircraft, which enabled the AMT to perform work on that specific aircraft under proposed Sec. 66.63 or Sec. 66.109, also may credit the instruction received as satisfying the recurrent training requirements in proposed Sec. 66.65 or Sec. 66.111. The completion of a course in general maintenance procedures would not, however, provide the specialized level of training required by the proposal to permit an AMT or an AMT(T) to perform work on a specific make and model of aircraft. (The use of training to qualify for the exercise of certificate privileges is discussed more thoroughly below.)

An individual who exercises the privileges of an AMT certificate or an AMT(T) certificate, but not for compensation or hire, would not need to complete the proposed recurrent training requirements. These individuals 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 recurrent training, the FAA has determined that a mandatory recurrent training requirement for these individuals is not currently warranted.

The proposal also sets forth a provision that would permit an AMT or AMT(T) who has not met the work experience and proposed recurrent training requirements 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 requirement and course content for requalification training has not been specified in the proposed regulation to provide instructors and examiners with greater flexibility in assisting noncurrent AMTs and AMT(T)s to achieve the required proficiency. To be considered acceptable to the Administrator, any requalification training would need to include a review of those regulations applicable to the maintenance, preventive maintenance, or alteration of aircraft under the provisions of the FAR.

The holder also may continue to exercise all of the privileges of the certificate and associated ratings if the Administrator finds that the AMT or AMT(T) is competent to exercise those privileges. Passing an oral and practical test with a designated examiner (currently, a designated mechanic examiner (DME)) also would satisfy all recent experience requirements.

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 self-study courses acceptable for fulfilling the requirements specified in proposed Sec. 66.65 or Sec. 66.111.

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 final rule, the FAA will develop policy on the content and conduct of any AMT refresher course, AMT(T) refresher course, the range of training considered appropriate to the duties of an AMT or AMT(T), and requalification training. Any AMT refresher course or AMT(T) refresher course should also include a substantial review of those regulations pertinent to the exercise of the privileges of the AMT certificate or AMT(T) certificate, as appropriate.

Registration of Holders of Aviation Maintenance Technician (AMT) Certificates and Aviation Maintenance Technician (Transport) (AMT(T)) Certificates

The FAA currently has no accurate means to determine the number or location of active aviation maintenance personnel. Without this demographic information, the FAA is unable to make

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accurate assessments of the status of the current mechanic population or provide currently active mechanics with essential safety and training information.

Based on the number of certificates issued, the FAA estimates that the number of certificated mechanics is second only to the number of certificated pilots. However, pilots (other than those of gliders or free balloons) are required to obtain a medical certificate issued under 14 CFR part 67 to exercise the privileges of their certificates. As a result of this process, the FAA is able to update its airman records effectively and make accurate assessments of the size of the active pilot population. Because no similar form of recurrent medical testing is required for current mechanics, the FAA is unable to assess accurately the number of active mechanics or delete deceased, inactive, or ineligible mechanics from its records. Therefore, any estimate of the current and active mechanic population is solely a matter of conjecture. Lack of this vital demographic information seriously hinders the FAA's ability to make accurate predictions of future industry requirements and to communicate important safety information to active mechanics.

In its report, the Blue Ribbon Panel expressed its concern about the FAA's aviation maintenance personnel records. The panel noted that, although the FAA issues approximately 20,000 mechanic certificates annually, the FAA has no procedures to identify the current number of active mechanics or to obtain other necessary demographic information pertaining to these individuals. In view of this finding, the panel recommended that the FAA conduct periodic registration of mechanics to obtain vital information about FAA-certificated aviation maintenance personnel and to ensure that these individuals could be provided with safety and training information whenever necessary. The Part 65 Working Group made a similar proposal to the ARAC, which concurred with the recommendation.

The FAA has accepted the ARAC and Blue Ribbon Panel recommendations; therefore, the FAA proposes to establish a periodic registration requirement for each holder of an AMT or AMT(T) certificate. In an effort to obtain a valid initial assessment of the current number of active aviation maintenance personnel, the FAA proposes that each AMT and AMT(T) be required to notify the FAA of his or her current address within 12 months after the effective date of this rule. The FAA contends that a 12-month period is sufficient to obtain a basic estimate of the current and active AMT and AMT(T) population and that any deviations from the estimate of the current population, as a result of changes to the AMT and AMT(T) population during the 12-month period, would be statistically insignificant. A 12- month period also would give all current certificate holders adequate notice of this proposed requirement and time to comply with the requirement.

After completion of this initial registration period, AMTs and AMT(T)s would be required to provide similar registration information during every subsequent 48-calendar-month period. The FAA considers that a 48-month continuing requirement is necessary to provide an up- to-date record of current and active AMTs and AMT(T)s. The FAA contends that changes to the AMT and AMT(T) populations, which occur as a result of the death of certificate holders or of personnel entering inactive status and not complying with current change of address requirements, would become statistically significant after a 48-month period. To ensure an accurate record of the size of the AMT and AMT(T) population, a reassessment would be required during each consecutive 48-month period.

In an effort to eliminate the repetitive submission of current address information to the FAA, an airman who notifies the FAA of a change of address, obtains an additional certificate, rating, or inspection authorization issued under this (or any other) part, or provides the FAA with current address information as a result of the application for an airman medical certificate during this period would be considered to have fulfilled the registration requirement.

The FAA has not proposed a periodic registration requirement for holders of aviation repair specialist certificates because holders of an aviation repair specialist certificate (except experimental aircraft builders) cannot exercise the privileges of that certificate without being employed by a certificated entity. Because the FAA could obtain any required demographic information pertaining to the holders of aviation repair specialist certificates from the operator or repair station under which an aviation repair specialist is exercising privileges, the proposal would not require the submission of registration information from aviation repair specialists. Therefore, the FAA contends that requiring the registration of aviation repair specialists would place an unnecessary burden on these individuals.

The responsibility for complying with the proposed registration requirement would rest solely on AMT and AMT(T) certificate holders. To simplify the proposed registration requirement for individual certificate holders, the FAA would only require AMT and AMT(T) certificate holders to provide their names and current addresses. The submission of any additional information would not be required, nor would the submission be required to be made on any specific form. To encourage compliance with these proposed requirements, an AMT or AMT(T) certificate holder who does not provide current address information to the FAA during the registration period would not be permitted to exercise the privileges of the certificate until that individual had complied with the proposed registration requirement.

The FAA specifically requests comments on its proposed registration of AMT and AMT(T) certificate holders. Based on its analysis of comments received, the FAA may adjust the lengths of the proposed initial and recurring registration periods.

Establishment of Training as an Additional Means for Aviation Maintenance Personnel To Qualify for the Exercise of Certificate Privileges

Through the use of training, the proposal would provide holders of AMT certificates and AMT(T) certificates with an additional means to remain qualified to approve for return to service any aircraft, airframe, aircraft engine, propeller, appliance, component, or part and to supervise the maintenance, preventive maintenance, alteration, and approval for return to service of these items.

Under current Sec. 65.81, a certificated mechanic 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 AMTs and AMT(T)s to use appropriate 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 appropriate training to satisfy this experience requirement, the FAA recognizes enhancements in aviation maintenance training, which can provide the AMT with technical

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knowledge equivalent to knowledge gained in the work environment. However, in allowing training to replace actual work experience, the FAA would require an appropriate level of specificity between the training and the actual work to be performed or supervised. Therefore, the proposal would require that the training used to satisfy this requirement be appropriate to the equipment on which the work is to be performed. For example, a course of instruction detailing the maintenance tasks for the same make and model aircraft on which an AMT will perform work, or a course of instruction detailing the maintenance tasks for a part or appliance on which the individual will perform work, would satisfy the provisions of the proposed rule and permit the exercise of certificate privileges under proposed Sec. 66.63 or Sec. 66.109. 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 recent experience requirements as proposed in Secs. 66.65 and 66.111, may not be sufficiently specific to allow an AMT or AMT(T) to perform work on a specific aircraft, airframe, aircraft engine, propeller, appliance, component, or part. For example, a course in the FAR that is applicable to maintenance procedures would not satisfy the provisions of proposed Sec. 66.63 or Sec. 66.109 but could be used to satisfy the provisions of proposed Sec. 66.65 or Sec. 66.111, respectively.

The FAA also proposes to clarify the intent of current Sec. 65.81 by proposing language in part 66 that would allow AMT and AMT(T) certificate holders who desire to exercise supervisory, return-to- service, or approval responsibilities, to demonstrate, to the satisfaction of the Administrator, the ability to perform the work. The current regulation requires actual performance of the work.

An additional change to the current rule would enhance the ability of noncurrent AMTs and AMT(T)s to meet the recent experience requirements to exercise the privileges of their certificates and ratings. The proposed rule would allow these individuals to credit the time they work under the supervision of a certificated AMT or AMT(T) toward recent experience requirements. The FAA considers that work performed by a certificated but noncurrent AMT or AMT(T) under such circumstances would provide the individual with a level of experience equivalent to actual performance of the work.

Use of Instructional Time by Aviation Maintenance Instructors To Satisfy Recent Experience Requirements

The purpose of recent experience requirements is to ensure that all aviation maintenance personnel 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 high-quality instruction. Aviation maintenance instructors perform a critical function in the aviation maintenance education process, and the FAA believes that the changes set forth in the proposed rule would recognize this importance.

Under current Sec. 65.83, there are no provisions for allowing individuals involved in aviation maintenance instruction to use that experience for maintaining the recent experience 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 instructional experience for holders of an inspection authorization 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 technician school certificated under part 147. Therefore, the FAA proposes to allow the use of instructional time to satisfy recent experience requirements for holders of the AMT and AMT(T) certificates.

Under the proposed rule, the holder of an AMT or AMT(T) certificate with an aircraft rating could meet recent experience requirements by serving as an aviation maintenance instructor or by directly supervising other aviation maintenance instructors. 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 for a part 147 aviation maintenance technician school, an approved air carrier maintenance training program, an approved training provider, or a manufacturer's training program would be acceptable and would meet the intent of the proposed rule.

AMT(T) Recent Experience Requirements

Because the AMT(T) certificate would upgrade the level of maintenance proficiency of those individuals performing maintenance on aircraft certificated under part 25 or part 29, or on any airframe, aircraft engine, propeller, appliance, or component part thereof, the FAA would require that all work experience necessary to meet recent experience requirements for retention of the privileges of this certificate be maintained through work performed or supervised, or through instruction given or supervised, on aircraft certificated under part 25 or part 29, or on any airframe, aircraft engine, propeller, appliance, component, or part thereof. The holder of an AMT(T) certificate who does not meet recent experience requirements on aircraft certificated under part 25 or part 29 could exercise the more limited privileges of the AMT certificate if the holder complies with the AMT certificate's corresponding recent experience requirements.

Approval of AMT(T) Training Providers

To ensure that applicants for the proposed AMT(T) certificate possess the necessary knowledge and skill to approve aircraft certificated under part 25 and part 29 for return to service, the FAA has proposed that applicants for this certificate be required to complete an AMT(T) training program. For this program, the proposal would set forth a curriculum that would be specifically geared to the needs of individuals performing maintenance on transport-category aircraft. Although the proposed curriculum would be comprehensive in nature, it also would be flexible enough to be modified easily to respond to changes in aviation maintenance practices and techniques.

To determine the subject areas in the proposed AMT(T) training curriculum and the amount of training to be provided in each subject area, the Part 65 Working Group conducted a survey of 13 air carriers. The survey requested that its participants specify the depth and breadth of skills that aviation maintenance personnel must possess to perform work on transport category aircraft and approve these aircraft for return to service. The results of this survey were reviewed by aviation maintenance educators within the Part 65 Working Group and consolidated into the AMT(T) training curriculum proposed in this notice. The proposed

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AMT(T) training curriculum would require that 573 hours of training be offered in the six broad subject areas of advanced electronics, composites, structural repair, powerplants and systems, safety and environmental concerns, and publications. The specific amount of training required in each individual subject area is specified in appendix A to proposed part 66.

The basic requirements for approval of training providers administering this AMT(T) training program are similar to those specified for the approval of other training course requirements specified in this subchapter. In its administrative requirements, the program established by this proposal would correspond to other training courses referenced in this subchapter; however, it will differ most significantly from other training courses in that, under the proposal, the FAA may approve the provider of the training program and not specifically approve the training curriculum, as is currently the case with training programs developed to satisfy the requirements of part 147. By approving the training provider, as opposed to the training program itself, the FAA contends that the training provider would have the necessary flexibility to modify the curriculum of the training program rapidly to respond to advances in aviation maintenance technology, while continuing to ensure that acceptable standards of training are met.

To ensure that these programs meet current industry standards, the FAA would require that an outline of the training program be provided for review. In recognition of the diversity of current information retrieval systems, this outline could be submitted in paper or electronic format, or in any other format acceptable to the Administrator. The outline would contain information specifying those subject areas to be taught and the number of hours of instruction required. Additional subject areas also could be included.

Facilities, equipment, and material requirements would be similar to those found in other course requirements specified in this subchapter; however, the training provider would ensure that all instructors in a training program meet the requisite standards of technical competency.

Revisions to the training program outline would be submitted in a manner identical to that required for initial approval of the training provider. Based on the improved effectiveness of training methods, the FAA may permit training program revisions that would offer fewer than the specified number of hours of instruction in the complete training program or in a designated subject area. The training provider would be required to provide justification for such a reduction. A reduction would be permitted only if the quality of training provided did not decrease. Sufficient indicators of student participation and progress in the program would be required to be reported; however, if an approved training provider already provided this information to the FAA as a result of reporting requirements specified in another part, a duplicate submission of this information would not be required.

The FAA notes that an aviation maintenance technician school certificated under part 147 also could offer a combined AMT and AMT(T) training program. In such a circumstance, the school would be required to obtain approval as an AMT(T) training provider under proposed part 66. Instruction used to satisfy AMT course curriculum requirements also could be used to satisfy AMT(T) training program requirements resulting in a combined AMT and AMT(T) training curriculum with significantly fewer hours of training than required to obtain the AMT and AMT(T) certificates separately. Instruction used to satisfy both AMT course curriculum requirements and AMT(T) training program requirements would be specified in the training curriculum approved under part 147 for use by the aviation maintenance technician school. The approved training curriculum also would be required to meet the provisions of proposed appendix A to part 66.

The proposal also would require approved training providers to provide each student who successfully completes the training program with a statement of graduation. Those students who complete only a portion of a training program could, upon request, receive a record of the training completed.

Although the proposal would permit training providers to contract for services to assist in the provision of the required training, records of any such contracts would have to be forwarded to the FAA. The proposal also would reiterate that the training provider, not the party providing contract services, would ultimately be responsible for the conduct of the training program.

The proposal would permit a training provider, other than a certificate holder operating under part 121 or part 135, an aviation maintenance technician school certificated under part 147, or a repair station that performs work under Sec. 145.2(a), to retain approval for a period of 24 months. Because the training programs of these certificate holders are routinely surveilled, a training provider that also is a certificate holder under any of these parts would retain approval for the duration of that certificate. However, approval may be canceled at any time by the FAA or, voluntarily, by the training provider, or as a result of change of ownership. Like other training courses specified in this subchapter, the proposal would require that applications for a training provider's renewal of approval be submitted 60 days before the expiration of the current approval.

Performance of Repairs and Alterations by AMTs and AMT(T)s on Horizontal-Card Liquid-Filled Compasses

The current rule prohibits the repair or alteration of instruments by mechanics. However, the aviation maintenance industry has recognized that aviation instruments vary significantly in complexity. A commenter to the short-term FAA regulatory review initiated in response to a recommendation from the Clinton Administration's ``Initiative To Promote a Strong Competitive Aviation Industry'' noted that the fairly simple task of replenishing magnetic compass fluid and changing the expansion diaphragm in a compass could be accomplished by a mechanic with no adverse effect on safety. The commenter stated that these instruments must often be sent to instrument repair shops for maintenance that mechanics can readily accomplish. This action frequently results in increased and unnecessary costs to the user and, for certain operators, an unwarranted loss of use of the aircraft.

The ARAC and the FAA concur with this assessment and contend that an AMT or an AMT(T) can readily perform maintenance on horizontal-card liquid-filled compasses. Therefore, the FAA proposes that an AMT or an AMT(T) be permitted to perform all maintenance actions on horizontal- card liquid-filled compasses and that the limitations of the current rule prohibiting the performance of repairs and alterations to these instruments be removed.

Establishment of an Aviation Maintenance Instructor Rating

Under the provisions of the current rule, persons providing aviation maintenance instruction are not required to demonstrate any degree of teaching proficiency. Flight instructors certificated under part 61 are currently required to pass a knowledge test on the subjects in which instruction is required by Sec. 61.185(a). These subjects include: the learning process, elements of

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effective teaching, student evaluation and testing, course development, lesson planning, and classroom training techniques. Ground instructors certificated under subpart I of part 61 also are required to show a practical and theoretical knowledge of the subjects for which a rating is sought by passing a similar knowledge test.

Because it is necessary that the subject material taught by individuals providing aviation maintenance instruction be completely understood and adequately applied by students to the maintenance problems that they will eventually encounter in the aviation maintenance industry, the FAA, based on the ARAC's recommendation, proposes to create an aviation maintenance instructor rating that may be obtained by the holder of the AMT certificate or the AMT(T) certificate. The FAA contends that creation of this rating would serve to enhance the quality of aviation maintenance instruction that is provided in aviation maintenance programs. This enhancement would be accomplished by ensuring that aviation maintenance instructors possess not only technical proficiency in the subject material taught but also the requisite teaching competence to ensure that their students understand the material. Adoption of this proposal also would quantify and recognize the special skills required of an aviation maintenance educator, and would improve the images of aviation maintenance educators and aviation maintenance education.

The Blue Ribbon Panel also recognized these deficiencies. In its report, the panel noted that the instructional standards and the quality of aviation maintenance instruction often are questioned. It also noted that there was no certification, beyond that of a current mechanic certificate, needed to teach in an aviation maintenance technician school certificated under part 147. Therefore, the Blue Ribbon Panel recommended that qualification, certification, and recurrent training requirements be established for instructors who teach in part 147 schools.

Under the proposal, an applicant for an aviation maintenance instructor rating would be required to: hold a current and valid AMT certificate or a current and valid AMT(T) certificate for at least 3 years before application; present evidence that he or she has been actively engaged in the maintenance of aircraft for at least the 2-year period before application; and pass a knowledge test on instructional proficiency. The proposal recognizes the widespread use of computer- based testing in the administration of FAA examinations and, therefore, would require that a ``knowledge test'' rather than a ``written test'' be passed.

The FAA contends that the possession of an AMT certificate or an AMT(T) certificate is necessary to ensure the basic technical proficiency of the aviation maintenance instructor. The specific time period proposed for the possession of either certificate and the amount of time that the individual would be required to have been actively engaged in the maintenance of aircraft also are identical to the eligibility requirements for the issuance of an inspection authorization. The FAA contends that this minimum amount of actual work experience is required to give the aviation maintenance instructor the requisite practical experience necessary to explain the application of aviation maintenance concepts satisfactorily.

The proposed areas of educational theory and instructional techniques in which the prospective aviation maintenance instructor would be required to pass a knowledge test are the same areas that are currently tested on the fundamentals of instruction knowledge test for the flight instructor and ground instructor certificates. In recognition of other training that a prospective aviation maintenance instructor could receive, which would provide proficiency in educational theory and instructional techniques, an applicant would not be required to take this test if the applicant possesses a recognized degree in education or holds a current and valid State teaching certificate issued in the United States.

Under the proposal, any person providing or supervising aviation maintenance instruction within 12 months after the effective date of the rule at an aviation maintenance technician school certificated under part 147 would not be required to pass a knowledge test on those subjects specified in proposed Sec. 66.69 to obtain the aviation maintenance instructor rating. To retain the ability to exercise the privileges of the proposed rating and maintain a high degree of instructional proficiency, the holder would be required to provide 300 hours of aviation maintenance instruction or serve as the supervisor of aviation maintenance instructors for a period of 300 hours within the preceding 24 months. For aviation maintenance instructors holding an AMT(T) certificate, this instruction would not need to be provided in transport-category aircraft or their associated systems. Recent experience requirements also could be maintained if the individual completed a refresher course acceptable to the Administrator and appropriate to the duties of an aviation maintenance instructor or if the Administrator determined that the aviation maintenance instructor continues to meet the standards prescribed for the issuance of the rating.

Current rules pertaining to the training of individuals at aviation maintenance technician schools certificated under part 147 require 1 instructor for each 25 students in a shop class. Because the current rule already recognizes the importance of qualified instructors in these classes, the FAA proposes that the best qualified providers of aviation maintenance education be available in these classes. Proposed Secs. 147.23 and 147.36 would, therefore, require that these instructors also possess an aviation maintenance instructor rating. To enable instructors at these schools to acquire this rating, this requirement would not become effective until 12 months after the effective date of the rule.

The FAA also notes that certain subjects taught at aviation maintenance technician schools do not require the technical knowledge required of instructors who possess the AMT certificate or AMT(T) certificate. Therefore, the proposal would not require instructors who teach basic subjects (such as mathematics, physics, basic electricity, basic hydraulics, drawing, or similar subjects) at AMT schools that are certificated under part 147, to obtain an AMT or AMT(T) certificate and aviation maintenance instructor rating.

Establishment of Basic Competency Requirements for AMT Certificate Holders

Currently, Sec. 65.79, which sets forth the skill requirements for a mechanic certificate, requires an applicant for a mechanic certificate to pass an oral and practical test covering the applicant's basic 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 for AMT certificate applicants under proposed Sec. 66.59, which would encompass 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 solely involve tasks requiring manual dexterity. Although mastery of these basic skills is invaluable, the FAA asserts that a more comprehensive level of competency, based on current

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aviation maintenance practices, is required of AMTs. The proposed rule would expand the evaluation of AMT 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. Therefore, all training provided to an applicant for any certificate, rating, or inspection authorization issued under the proposed part should be conducted to a proficiency- based standard evidenced by demonstrated competency to perform required tasks.

Specification of Practical Experience Requirements in Hours

The FAA proposes that the practical experience requirements for a mechanic seeking airframe and powerplant ratings, currently expressed in Sec. 65.77 as 30 months, be expressed as the equivalent number of hours (5,000 hours) in proposed Sec. 66.57, for an applicant seeking the AMT certificate with an aircraft rating. The FAA also proposes that the practical experience requirements for a repairman seeking a certificate, currently expressed as 18 months in Sec. 65.101, be expressed as its hour equivalent of 3,000 hours in proposed Sec. 66.203, for Aviation Repair Specialist-II (ARS-II) certificate applicants.

A change to the hourly experience requirements would give the FAA and the aviation maintenance industry a simpler method to measure and verify the amount of practical work experience that the individual applicant possesses. The proposed revision also would enable aviation maintenance personnel working in part-time positions to quantify their work experience more easily. 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 part-time and full-time experience in hours.

The FAA, in the previous NPRM, proposed that all experience requirements, as stated in current Sec. 65.77; all recent experience requirements, as stated in current Sec. 65.83; and all eligibility requirements, as stated in current Sec. 65.101, be expressed in hours instead of months. In response to comments received detailing the difficulties that such a proposal would impose on the ability of part- time aviation maintenance personnel to meet proposed recent experience requirements for the exercise of certificate privileges, the FAA proposes only that the practical experience necessary for the AMT certificate with the aircraft rating and the eligibility requirements for the ARS-II certificate be expressed in hours. Proposed recent experience requirements for the exercise of certificate privileges, however, would be expressed in months.

As the proposed rule would eliminate the issuance of individual airframe and powerplant ratings, the provisions currently stated in Sec. 65.77(a), which require 18 months of practical experience, appropriate to the rating sought, with the procedures, practices, tools, machine tools, and equipment generally used in constructing, maintaining, or altering airframes or powerplants, would be eliminated under the proposal.

Establishment of a Requirement for Aviation Maintenance Technicians To Pass a Knowledge Test on All Applicable FAR

Current regulations require an applicant for a mechanic certificate to pass a written test that includes the applicable provisions of part 43 and part 91. Because contemporary maintenance operations require the applicant to understand certification and maintenance regulations other than those found solely in part 43 and part 91, the FAA proposes that the knowledge requirements for the AMT certificate with an aircraft rating require an applicant to pass a knowledge test on the applicable provisions of the entire chapter. The proposal recognizes the use of computer-based testing by replacing the term ``written test'' with ``knowledge test''.

Clarification of Requirement To Pass All Knowledge Tests Before Applying for the Oral and Practical Tests

There has been some confusion among applicants for the current mechanic certificate who are not enrolled at aviation maintenance technician schools approved under part 147 with regard to the language of current Sec. 65.75(b). The current 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 AMT. 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 language that would require all applicants for the AMT certificate, except students enrolled at an aviation maintenance technician school approved under part 147, to pass all knowledge tests before applying for the oral and practical tests.

Demonstration of English-Language Proficiency

The proposal would require all applicants for an AMT certificate, AMT(T) certificate, or aviation repair specialist certificate to read, write, speak, and understand the English language.

The current rule requires only those applicants desiring to exercise the privileges of current certificates within the United States to comply with English-language proficiency requirements. It does not specify an appropriate means for the applicant to demonstrate this proficiency nor does it provide a mechanism for the Administrator to issue a certificate to an individual who may not meet these English- language proficiency requirements solely because of a medical condition.

The proposal would require the applicant to demonstrate English- language proficiency by reading and explaining appropriate maintenance publications and by writing defect and repair statements. 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 FAA-certificated AMT or aviation 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 addition, the current airframe, powerplant, and general written tests for mechanics are administered in the English language. Applicants taking these tests must be proficient in the English language to complete these examinations successfully. Although currently certificated repairmen 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

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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 proposes that all aviation repair specialists demonstrate proficiency in the English language.

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 proposal also would revise the current rule to permit the Administrator to issue certificates to applicants who are deaf, hard of hearing, speech impaired, or possess other similar medical conditions, yet have a demonstrated proficiency in the English language. Under the proposal, an applicant could be issued a certificate with specific limitations necessary for the safe maintenance, preventive maintenance, or alteration of aircraft if the applicant has a command of the English language, yet is unable to meet the proposed requirements solely because of a medical condition.

The FAA also proposes that exceptions found in current Secs. 65.71 and 65.101, which permit the certification of mechanics and repairmen who are employed outside the United States but who are not proficient in the English language, be deleted from the proposed rule. The FAA proposes the inclusion of provisions in the proposed rule that would permit the Administrator to waive compliance with the proposed English- language proficiency requirement, in certain limited circumstances. The waiver provisions are discussed in more detail below.

Current holders of a mechanic certificate or repairman certificate who do not meet the English-language requirement but who are employed outside 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 certificates without a further showing of competency. Their certificates would remain endorsed, ``Valid only outside the United States.''

Waiver of Specific Certificate Requirements

The FAA recognizes that in certain distinct and special circumstances, deviations from compliance with the requirements of the FAR may be in the public interest. To afford the FAA with a means to respond rapidly to requests for deviations when such requests are in the public interest, the FAA proposes that certain provisions of the certification rules, contained in proposed part 66, be subject to waiver. The FAA has specifically identified two sets of circumstances where a waiver of the proposed certification requirements may be in the public interest. Therefore, the FAA proposes to include provisions in the proposed rule that would permit the issuance of certificates and ratings in deviation from the requirements of proposed Secs. 66.51(b), 66.57, 66.201(b), and 66.203(b).

Although the FAA has proposed that all applicants for certificates issued under proposed part 66 be able to read, write, speak, and understand English, the FAA recognizes that in certain circumstances the issuance of an AMT, AMT(T), or aviation repair specialist certificate to an individual who does not meet this requirement may be necessary to ensure the continued airworthiness of U.S.-registered aircraft operating outside the United States. Only in such limited instances where no FAA-certificated AMT, AMT(T), or aviation repair specialist who can read, write, speak, and understand English is available to maintain a U.S.-registered aircraft overseas, will the FAA consider the issuance of a certificate. Any certificate issued in accordance with the proposed waiver provisions would contain an endorsement specifying that the certificate is valid only outside the United States and that the certificate holder may exercise the privileges of the certificate only while employed by a specific operator or certificate holder. Such restrictive endorsements would preclude any expansive use of the certificate's privileges to perform work outside the United States.

The FAA also recognizes that applicants for an AMT certificate may complete a significant portion of the required training at an aviation maintenance technician school certificated under part 147 but may be unable to complete the remaining portion of the required training. This situation frequently occurs as a result of the closing of an FAA- certificated aviation maintenance technician school or the relocation of a student to a portion of the country where an aviation maintenance technician school certificated under part 147 is not readily available. In such circumstances, the proposal would permit the FAA to issue an AMT certificate in deviation from the AMT training requirements specified in part 147 and, therefore, recognize an equivalent combination of formal training and work experience. The Administrator would, however, require the applicant to demonstrate specifically that he or she has received an amount of experience equivalent to that required of an applicant for the proposed certificate who has completed the training specified in part 147 for the issuance of the AMT certificate.

Issuance of any certificate under these provisions would be based on a demonstrated need and a finding that the applicant is able to safely exercise the privileges of the certificate and rating. An applicant also would be required to provide evidence sufficient to indicate that work experience used to satisfy part 147 training requirements that have not been completed is of equivalent scope and detail to ensure proficiency in those tasks specified in the training curriculum.

Recognition of New Testing Methods

In the area of testing administration, the FAA recognizes recent developments in training and testing technology and, therefore, has proposed to replace the term ``written test'' with ``knowledge test''. Because the results of some 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 knowledge test results be made available, as opposed to being sent, to an applicant who has taken an examination using computer-based testing.

Replacement of Lost or Destroyed Certificates by Facsimile or Telegram

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 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 the airman may carry as proof of the original certificate's issuance, for a period not to exceed 90 days. Adoption of the proposed changes 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, Oklahoma. Current regulations specify the use of telegrams only and limit their validity to a 60-day period.

The proposed use of facsimiles, in addition to telegrams, reflects advancements in communications

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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 a lost certificate to an airman, thereby decreasing the time during which an airman may not exercise the privileges of a certificate or rating. Increasing the period of validity of telegrams and facsimiles used as proof of certification also would decrease the possibility of a certificate holder having to make any additional request for a replacement certificate. Similar provisions are under consideration for adoption in other parts of the FAR.

Extension of the Duration of an Inspection Authorization

Under the proposed rule, the duration of an inspection authorization would be extended, from the current 12-month period ending in March of each year, to a 24-month period ending on the last day of the 24th month after the date of issuance of the inspection authorization. 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. 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 recent experience requirements to coincide with the adoption of a 24-month renewal cycle would give holders greater flexibility in meeting regulatory requirements.

Granting of Inspection Authorization Privileges Based on the Type of Technician Certificate Held by an Applicant

In view of the creation of the proposed AMT and AMT(T) certificates, the FAA proposes to delineate the privileges and limitations of the inspection authorization in a manner similar to that provided for by the AMT and AMT(T) certificates. Under the current rule, the FAR sections pertaining to the issuance of an inspection authorization are found in subpart B of part 65, which pertains solely to currently certificated mechanics. With the creation of the new certificates, the holder of an AMT certificate or the holder of an AMT(T) certificate can apply for an inspection authorization. The FAA, therefore, proposes to create a new subpart, solely applicable to the issuance of inspection authorizations to holders of either AMT or AMT(T) certificates. The FAA contends that the retention of the current regulatory structure for inspection authorization privileges and limitations, which is based on the possession of a single certificate, would be inconsistent with a certification structure that provides for two different types of certificates with different privileges and limitations.

An inspection authorization holder's privileges would be dependent on the privileges of the type of certificate held by the individual possessing the inspection authorization. Under the proposal, the privileges of an individual possessing an inspection authorization and holding a current and valid AMT(T) certificate with an aircraft rating would not be any different from the privileges of the holder of an inspection authorization possessing a current and valid mechanic certificate with airframe and powerplant ratings as specified in current Sec. 65.95.

An individual possessing an inspection authorization with an AMT certificate that has an aircraft rating, however, would not be permitted to approve aircraft certificated under part 25 or part 29 for return to service after the completion of a major repair or alteration. This individual also would not be permitted to perform an annual inspection nor to perform or supervise an annual inspection on any aircraft certificated under part 25 or part 29.

The general eligibility requirements for an individual holding an AMT or AMT(T) certificate to obtain an inspection authorization would be the same as those specified under the current rule, with the exception that an individual seeking the more comprehensive privileges conferred on the holder of an inspection authorization with an AMT(T) certificate would be required to satisfy all eligibility requirements through the performance of work on aircraft certificated under part 25 or part 29, or on the airframes, aircraft engines, propellers, appliances, components, or parts of these aircraft. An individual intending to obtain these inspection authorization privileges would be required to have been actively engaged in this type of work for 2 years before application for the authorization and possess a current and valid AMT(T) certificate for at least 3 years before application. Current eligibility requirements and proposed eligibility requirements for the issuance of an inspection authorization to the holder of a mechanic certificate only require that the applicant have been actively engaged in the maintenance of any type of aircraft for 2 years before the date of application and hold a current and valid mechanic certificate for a period of at least 3 years. Essentially, the proposal would require that an individual intending to exercise the approval for return-to-service privileges of an inspection authorization with respect to aircraft certificated under part 25 or part 29 obtain the requisite experience for the inspection authorization through the maintenance of aircraft certificated under these parts. An AMT(T) with an inspection authorization who does not meet this requirement but meets the requirements for the holder of a AMT certificate with an inspection authorization would be permitted to exercise the privileges of the holder of an AMT certificate with an inspection authorization.

Renewal requirements would not change under the proposed rule, with the exception that an individual possessing an AMT(T) certificate who intends to obtain an inspection authorization and exercise the complete range of privileges available under the authorization must perform the requisite inspections on aircraft certificated under part 25 or part 29.

Because the inspection authorization has become the subject of a separate subpart, references to the inspection authorization in Subpart A `` General have now been included in the proposed rule. Inclusion of references to the inspection authorization in this subpart would not affect any current privileges or limitations of an inspection authorization.

Requiring Applicants for the Inspection Authorization To Complete an Inspection Authorization Refresher Course Before Their Initial Application

The proposal would establish a requirement that all applicants for an inspection authorization successfully complete an inspection authorization refresher course during the 12 months before application for an inspection authorization. The current rule does not impose this requirement. Current renewal options available to the holder of an inspection authorization permit the holder to renew the inspection authorization indefinitely without having attended an inspection authorization refresher course. Therefore, the holder of a current inspection authorization may have never attended an inspection authorization refresher course.

FAA surveys indicate that standardization of inspection procedures and the proper completion and submission of required

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documentation are consistent problems among holders of inspection authorizations. Successful completion of an inspection authorization refresher course before initial application would ensure that all future holders of an inspection authorization were instructed in the uniform interpretation of regulatory and advisory material before exercising the privileges of the inspection authorization.

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 complete 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 facilitate the combination of these inspections with other inspection periods currently designated in months for the purpose of certificate renewal, the proposal would change the currently specified 90-day periods for inspections to 3-month periods.

Notice No. 94-27 proposed that the holder of an inspection authorization be permitted to use participation in current inspection programs, which are 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. This proposal is not being included in this NPRM. Although the experience gained through participation in such inspection programs may be commensurate with the experience currently accepted to obtain the inspection authorization renewal, an inspection authorization is not required to participate in these inspection programs. The FAA deems it inappropriate to permit the holder of an inspection authorization to use participation in an inspection program that does not require an inspection authorization as a means (and possibly the sole means) of satisfying inspection authorization renewal requirements.

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. The previously published NPRM would permit the holder to renew an inspection authorization by attending and successfully completing a refresher course, or series of courses, acceptable to the Administrator, of not less than 16 hours during the proposed 24-month period preceding the application for renewal. The FAA considered modifying the previously published NPRM to permit the holder to renew the inspection authorization by successfully completing an 8-hour course of instruction during the expanded 24-month renewal period. Comments made on this proposal by the ARAC on air carrier/general aviation maintenance issues, however, indicated that acceptance of this change would effectively halve the amount of recurrent training that the holder of an inspection authorization would receive when renewing the inspection authorization through the use of this option. After reviewing the ARAC's concerns, the FAA has determined that completion of a 16-hour inspection authorization refresher course, or series of courses, acceptable to the Administrator, during the expanded renewal period is necessary to provide a level of recurrent training equivalent to that currently required of individuals seeking to renew an inspection authorization through the use of this training option. Therefore, this NPRM retains the language of the earlier proposal.

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 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. The term ``aviation repair specialist'' would be used to describe the three types of aviation repair specialist certificates that could be issued under the proposal: (1) the aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I), (2) the aviation repair specialist certificate issued on the basis of employment (ARS-II), and (3) the aviation repair specialist certificate issued to experimental aircraft builders (ARS-III).

The aviation repair specialist certificate issued on the basis of employment (ARS-II) would be the equivalent of the current repairman certificate, and the aviation repair specialist certificate issued to experimental aircraft builders (ARS-III) would be the equivalent of the current repairman certificate-experimental aircraft builder.

The aviation repair specialist certificate would not be issued to holders of the AMT or AMT(T) certificate because an AMT or AMT(T) certificate holder does not require an aviation repair specialist certificate to exercise approval for return-to-service authority. However, the AMT or AMT(T) may still require additional training to obtain the necessary competency to perform work on certain items and to approve these items for return to service. Completion of training equivalent to that required for the issuance of an aviation repair specialist certificate in a designated specialty area (ARS-I) would provide an AMT or AMT(T) with the qualifications necessary to perform work in that specialty area and would also serve as an indication that an AMT or AMT(T) possesses the qualifications necessary to exercise approval for return-to-service privileges in the specialty area.

Establishment of an Aviation Repair Specialist Certificate Based on Proficiency in Designated Specialty Areas That May Be Issued Independent of Employment

Currently, an applicant for a repairman certificate (with the exception of those issued to experimental aircraft builders) is required to possess the ability to perform the specific task for which he or she is employed and to obtain the recommendation of the certificated repair station, commercial operator, or air carrier by which that individual is employed. A repairman is not currently required to meet any uniform national standard for the specific discipline in which the individual performs work.

Extensive study by the Part 65 Working Group has indicated that the increasingly complex nature of aviation maintenance requires that an individual who performs work in certain specialized and highly technical areas should meet formal standardized qualifications. The ARAC concurred with the findings of the Part 65 Working Group in this matter and has made this recommendation to the FAA. The FAA accepts the ARAC recommendation and proposes to issue an aviation repair specialist certificate based on proficiency in designated specialty areas. The qualifications for the issuance of this proposed certificate would be based on nationally and

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internationally recognized standards (developed by the aviation maintenance industry) that the FAA considers essential for the performance of work in a highly specialized area. The FAA currently proposes to issue aviation repair specialist certificates with ratings based on proficiency in the areas of nondestructive inspection (NDI), composite structure repair, metal structure repair, and aircraft electronics. Although the FAA has defined a number of specialty areas, additional specialty areas are under consideration (such as glider and hot air balloon repair), and new and previously unknown disciplines also may emerge as specialty areas as technology advances. Therefore, additional certificates and ratings, issued by the Administrator, that recognize proficiency in these areas may be established later.

As a result of meeting these established qualifications, the proposal would permit the holder of an aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I) to retain the certificate independent of employment by a certificated repair station, commercial operator, or air carrier. However, an individual intending to exercise the privileges of the proposed ARS-I certificate would only be permitted to perform those tasks for which the individual is certificated while employed by a certificated repair station, commercial operator, or air carrier, because approval for return-to-service authority would continue to rest with the employer, not the ARS-I certificate holder.

The proposed certificate would be issued directly to the applicant and would not be held by an aviation maintenance organization, as is the practice with the current repairman certificate. Therefore, the individual could leave the employment of any of these organizations and retain the certificate. However, the individual would not be able to exercise the privileges of the certificate until he or she had obtained a position with another certificated repair station, commercial operator, or air carrier. Accordingly, an ARS-I who is an independent contractor to a certificated repair station, commercial operator, or air carrier would not be permitted to exercise the privileges of the certificate.

Because the holder of the proposed certificate would have demonstrated a recognized level of proficiency to obtain the proposed certificate, the FAA contends that it would be unnecessary for the applicant to reapply for the certificate every time the individual changes his or her place of employment. Therefore, the certificate would remain valid until surrendered, suspended, or revoked.

The proposed ARS-I certificate would require the completion of an approved training course or program in the specialty area sought. This training and certification would ensure the technical competency of the individual. It would no longer be necessary for an employer to recommend an individual to perform work similar to that performed for a previous employer. An individual would obtain this new certificate by submitting evidence, acceptable to the Administrator, that demonstrates satisfactory completion of an approved aviation repair specialist training course for a rating in a designated specialty area or, before 12 months after the effective date of the rule, evidence of the ability to perform those tasks appropriate to the certificate and rating sought. Evidence of the ability to perform tasks appropriate to the rating sought could consist of a current repairman certificate with a rating that requires an applicant to possess a level of competency equivalent to that required for the issuance of an ARS-I certificate in one of the designated specialty areas (e.g., a repairman certificate with an NDI rating). However, the holder of a repairman certificate who provides evidence of competency in a specific area of technical expertise that is not equivalent to that required for an ARS-I certificate in a designated specialty area would need to provide additional evidence to indicate competency in the designated area. The FAA also notes that an individual possessing a mechanic certificate with an airframe rating would not need to apply for an ARS-I certificate as the privileges of the aviation repair specialist certificate would be encompassed in the privileges of the current mechanic certificate.

To ensure that an ARS-I certificate holder remains qualified to perform the tasks appropriate to the designated specialty area in a rapidly changing aviation maintenance environment, the proposal would require the holder to meet the current qualifications and proficiency requirements for the issuance of the certificate and rating in the designated specialty area. This requirement would be met through training to a proficiency-based standard evidenced by demonstrated competency to perform required tasks, and not through completion of a specified number of hours of training. The holder of both the ARS-I certificate and the ARS-II certificate also would be afforded the opportunity to meet this requirement through participation in training programs administered by the part 145 repair station, commercial operator, or air carrier by which the individual is employed. Because the proposed ARS-I certificate would be issued directly to an applicant, the proposal also would revise those general provisions of subpart A to include the appropriate references to this new certificate.

Although the FAA considered establishing a certification structure that would have eliminated the issuance of specialized certificates, the FAA contends that a certification structure that includes aviation repair specialist certificates is more appropriate. The FAA contends that the complex nature of current aviation maintenance technology requires the retention and training of individuals who are highly trained in technical specialties of a narrow scope. The retention of such highly trained individuals ensures the highest level of safety in the maintenance of complex components. The implementation of the proposed certification structure also ensures the continued existence of aviation maintenance personnel who have a more broad-based level of technical expertise and are able to assess the integrity of the various systems and components within an aircraft and approve an aircraft for return to service (AMT and AMT(T)). It also ensures the continued existence of aviation maintenance personnel trained in highly specialized areas of aviation maintenance (ARS-I, ARS-II, ARS-III). A certification structure containing a generalized certificate with approval for return-to-service privileges and a certificate indicative of proficiency in the more technical areas of aviation maintenance has been retained.

Notification of Change of Address for the Continued Exercise of Certificate Privileges

Current Sec. 65.21 requires mechanics and repairmen to notify the FAA of a change of permanent address within 30 days. Although the current rule requires that an airman issued a certificate under this part provide such a notification, the airman may, under the current rule, continue to exercise the privileges of the certificate even if he or she fails to make the notification.

Pilots, like other individuals issued certificates under this part, also are required to notify the FAA of a change of their permanent address within 30 days. However, pilots may not continue to exercise the privileges of the certificate if they fail to comply with existing notification requirements.

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Recent FAA experience in using current address information records to provide information of concern to mechanics has indicated that current FAA records are inadequate to locate a significant percentage of certificate holders. Many of the notices sent to aviation maintenance personnel were returned to the FAA and were marked as being undeliverable. Because the FAA may periodically need to disseminate critical safety information rapidly to all aviation maintenance personnel, it is extremely important that the FAA have current address information for all certificate holders.

The FAA contends that current efforts to increase the level of professionalism in the aviation maintenance industry and to ensure that the FAA can rapidly notify aviation maintenance personnel of important safety-related matters warrant including in the proposal a provision that would prohibit the holder of any certificate issued under this part from exercising the privileges of the certificate if its holder did not comply with current notification requirements upon a change of permanent address. The FAA contends that, by withdrawing certificate privileges from a person who fails to comply with this requirement, a holder of a certificate issued under this part will be more diligent in complying with the essential requirement of notifying the FAA of his or her current address.

Testing of AMT Applicants by Designated Aviation Maintenance Technician Schools

Under the provisions of current Sec. 61.71(b), the FAA permits certain pilot schools certificated under part 141 to test pilot applicants on the aeronautical knowledge and skill required to obtain certificates issued under part 61 without further testing by an FAA or FAA-designated pilot examiner. The FAA proposes to enact similar provisions for the testing of aviation maintenance personnel.

The proposal would permit an individual who has passed all applicable knowledge tests in the prescribed period and who has applied for an AMT certificate within 90 days after graduation from certain aviation maintenance technician schools to be considered as meeting the specific experience and competency requirements for the certificate, without further testing. Only those aviation maintenance technician schools certificated under part 147 and specifically authorized by the Administrator to test applicants on the experience and competency requirements for the AMT certificate would be able to conduct the testing necessary to satisfy the requirements of the proposal.

The proposal would provide applicants for an AMT certificate with an additional means to complete the required testing for the certificate. It also would expedite the certification process for qualified AMT applicants and reduce testing costs for the applicant.

In its review of the certification requirements for aviation maintenance personnel, the FAA also considered permitting graduates of certain aviation maintenance schools approved by Transport Canada to use training received at those schools toward completion of the training requirements for the issuance of an AMT certificate. The FAA has not included this proposal in this notice; however, the FAA contends that such a proposal could be readily implemented after the conclusion of a Bilateral Aviation Safety Agreement (BASA) with Canada.

The FAA specifically solicits comments on including provisions in proposed part 66 that would permit graduates of certain aviation maintenance schools approved by Transport Canada to use training received at those schools toward completion of the training requirements for the issuance of an AMT certificate. Based on the comments received, the FAA may adopt such provisions in a final rule.

Removal of Gender-Specific Terms

In accordance with the FAA's policy of implementing gender-neutral regulations and maintaining conformity with other recently revised 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 that apply to aviation maintenance personnel from proposed part 66. These changes are reflected in the proposed amendment; however, specific changes are not listed in the section-by-section analysis.

Editorial Changes

To promote consistency between this proposed rule and the terminology used in current regulations, the proposal requires a number of editorial changes. Such changes include, but are not limited to, the use of the term ``airframe, aircraft engine, propeller, appliance, component, or part'' in those instances where the term ``related appliance or part'' is used; inclusion of the terms ``certificate,'' ``rating,'' or ``authorization'' where one or more terms have been inadvertently omitted; and a more expansive use of the term ``person.'' These changes are noted in the section-by-section analysis and do not affect the substantive provisions of the proposed rule unless specifically noted.

Section-by-Section Analysis

Part 65 Certification: Air Traffic Control Tower Operators, Aircraft Dispatchers, and Parachute Riggers

Under the proposal, the title of part 65 would be amended to reflect the removal of subpart D (Mechanics) and subpart E (Repairmen) from this part. The proposed title of part 65 would specifically list only those airmen whose certification would continue to be regulated by this part. The current title of part 65 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 Applicability

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, the certification of all aviation maintenance personnel 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 [Reserved]

Section 65.3 prescribes the certification requirements for foreign mechanics. Because the proposal would place the certification of aviation maintenance personnel under part 66, this section would be removed from part 65 and reserved. An equivalent section, Sec. 66.3, is proposed for inclusion in proposed part 66.

Section 65.11 Application and Issue

Current Sec. 65.11(c) prohibits a person whose mechanic certificate is suspended to apply for any rating to be added to that certificate during the period of suspension, and current Sec. 65.11(d)(2) prohibits a person whose repairman or mechanic certificate is revoked from applying for either kind of certificate for 1 year after the date of revocation, unless the order of revocation provides otherwise. Because the proposal would place the certification of all aviation maintenance personnel under proposed part 66, that portion of Sec. 65.11(c) that refers to the suspension of mechanic certificates and Sec. 65.11(d)(2) in its entirety would be

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removed from part 65. The provisions of these paragraphs would be included in proposed Sec. 66.5 (c) and (d).

Section 65.15 Duration of Certificates

Proposed Sec. 65.15 would remove the reference to the repairman certificate found in current paragraph (a). As the provisions of current paragraph (b) apply only to the repairman certificate, this paragraph also would be removed. Its provisions would be found in proposed Sec. 66.9. The remaining provisions of current paragraphs (a) and (c) would be retained in proposed paragraphs (a) and (b).

Part 65, Subpart D and Subpart E, Secs. 65.71 Through 65.105 [Reserved]

The proposal would completely remove subpart D (Mechanics), consisting of Secs. 65.71 through 65.95, and subpart E (Repairmen), consisting of Secs. 65.101 through 65.105, from part 65 and would establish subpart B (Aviation Maintenance Technicians), subpart C (Aviation Maintenance Technicians (Transport)), subpart D (Inspection Authorizations), and subpart E (Aviation Repair Specialists) under part 66. The new subparts would be based on the subparts currently found in part 65.

Part 66 Certification: Aviation Maintenance Personnel

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), subpart C (Aviation Maintenance Technicians (Transport)), subpart D (Inspection Authorizations), and subpart E (Aviation Repair Specialists). Proposed subpart A (General) would be based on part 65, subpart A, and modified to address regulatory concerns applicable to AMTs, AMT(T)s, and aviation repair specialists. Proposed subparts B, C, and D would be based on part 65, subpart D; and proposed subpart E would be based on part 65, subpart E. The proposal would establish the new part under the title ``Certification: Aviation Maintenance Personnel.''

Section 66.1 Applicability

Proposed Sec. 66.1 sets forth the applicability of part 66. This proposed section is based on current Sec. 65.1. This section would limit the applicability of this new part to AMTs, AMT(T)s, holders of inspection authorizations, and aviation repair specialists.

Section 66.3 Certification of Foreign Aviation Maintenance Personnel

Proposed Sec. 66.3 prescribes the certification requirements for foreign AMTs and AMT(T)s. Because the proposal would not preclude foreign individuals from obtaining these proposed certificates, this section would refer to both subpart B and subpart C, the proposed subparts that list the certification requirements for these certificates. The proposed section is based on current Sec. 65.3. There are no substantive differences between proposed Sec. 66.3 and current Sec. 65.3.

Section 66.5 Application and Issue

Proposed Sec. 66.5 prescribes the application and issuance procedures for a certificate and ratings under this part. This proposed section is based on current Sec. 65.11. There are no substantive differences between paragraphs (a) and (b) of the proposed section and current Sec. 65.11, except for the inclusion of a reference to the inspection authorization and the replacement of the term ``written test'' with ``knowledge test'' in proposed paragraph (a). Proposed paragraphs (c) and (d) would differ from current Sec. 65.11 (c) and (d) by the removal of references to air traffic control tower operators, aircraft dispatchers, and parachute riggers, and the inclusion of references to AMTs, AMT(T)s, and aviation repair specialists. Paragraph (c) of the proposed rule would include a reference to aviation repair specialists because the proposed ARS-I certificate, unlike the current repairman certificate, would be issued with ratings based on proficiency in designated specialty areas.

Section 66.7 Temporary Certificate

Proposed Sec. 66.7 is based on current Sec. 65.13 and refers to the issuance of temporary certificates. This section would be revised to reflect current practices by indicating that an applicant's qualifications, and not merely the application and supplementary documents submitted by the applicant, would be subject to review.

Section 66.9 Duration of Certificates

Proposed Sec. 66.9 is based on current Sec. 65.15 and establishes the duration of certificates issued under this part. Paragraph (a) of proposed Sec. 66.9 would include the proposed AMT certificate, AMT(T) certificate, aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I), and aviation repair specialist certificate issued to an experimental aircraft builder (ARS-III) among those certificates that are effective until surrendered, suspended, or revoked. The proposed rule corrects an earlier omission by including aviation repair specialist certificates issued to experimental aircraft builders (ARS-III) among those certificates that are effective until surrendered, suspended, or revoked. Proposed paragraph (b) does not change the intent of current Sec. 65.15(b) and would state that an aviation repair specialist certificate issued on the basis of employment (ARS-II) remains effective until the holder is relieved from the duties for which the holder was employed and certificated. Proposed paragraph (c) retains the current requirement for a holder to return to the Administrator a certificate that has been suspended, revoked, or is no longer effective.

Section 66.11 Display of Certificate

Proposed Sec. 66.11 is based on current Secs. 65.89 and 65.105, which prescribe the display of mechanic and repairman certificates. The proposal would consolidate the certificate display requirements for all certificates under one section within part 66. There would be no substantive changes to current certificate display requirements.

Section 66.13 Change of Name: Replacement of Lost or Destroyed Certificate

Proposed Sec. 66.13 is based on current Sec. 65.16 and 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. This proposed section 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 telegram or facsimile that may be carried by the airman, for a period not to exceed 90 days, as proof of the original certificate's issuance.

Section 66.15 Change of Address

Proposed Sec. 66.15 is based on current Sec. 65.21 and would revise current requirements by prohibiting the holder of any certificate issued under this part from exercising the privileges of the certificate if the holder has not notified the FAA of a change in permanent mailing address within 30 days.

Section 66.17 Periodic Registration

Proposed Sec. 66.17 would require that the holder of an AMT certificate or AMT(T) certificate notify the FAA of his or her current mailing address before the last day of the 12th calendar month after the effective date of the rule and

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before the last day of each 48-calendar-month period thereafter.

The proposal would not require these certificate holders to comply with this requirement if the holder has, within the same 12- or 48- calendar-month period for which a notification was required, provided this information to the FAA through the issuance of a certificate, rating, inspection authorization, or airman medical certificate, or through compliance with proposed Sec. 66.13 or Sec. 66.15. Any certificate holder failing to comply with this requirement would be prohibited from exercising the privileges of the certificate until the required notification had been made.

Section 66.19 Applications, Certificates, Logbooks, Reports, and Records: Falsification, Reproduction, or Alternation; Section 66.21 Tests: General Procedure; Section 66.23 Knowledge Tests: Cheating or Other Unauthorized Conduct; Section 66.25 Retesting After Failure; Section 66.27 Offenses Involving Alcohol or Drugs; and Section 66.29 Refusal To Submit to a Drug or Alcohol Test

Proposed Secs. 66.19, 66.21, 66.23, 66.25, 66.27, and 66.29 are based on current Secs. 65.20, 65.17, 65.18, 65.19, 65.12, and 65.23, respectively. These sections refer to the falsification, reproduction, or alteration of documents; general test procedures; cheating or other unauthorized conduct on knowledge tests; retesting after failure; offenses involving alcohol or drugs; and the refusal to submit to a drug or alcohol test. The only substantive difference between the proposed sections for part 66 and current corresponding sections in part 65 is the inclusion of specific provisions indicating the applicability of these sections to holders of inspection authorizations and the replacement of the term ``written test'' with ``knowledge test'' in proposed Secs. 66.23 and 66.25.

Section 66.31 Waivers: Policy and Procedures

Proposed Sec. 66.31 would describe the policy and procedures that would govern the issuance of certificates and ratings in deviation from the airman certification rules set forth in proposed Secs. 66.51(b), 66.57, 66.201(b), and 66.203(b). The proposed section would indicate that the Administrator may issue certificates and ratings in deviation from these sections if the Administrator finds that the holder can safely exercise the privileges of the certificate and rating. Requests for issuance of a certificate or rating in accordance with this section would be required to be submitted to the FAA National Headquarters, Flight Standards Service.

Part 66, Subpart B Aviation Maintenance Technicians

The structure of part 66, subpart B, is based on the current structure of part 65, subpart D. Under the proposed rule, the title of part 66, subpart B, would be ``Aviation Maintenance Technicians.''

Section 66.51 Eligibility Requirements: General

Proposed Sec. 66.51 is based on the current Sec. 65.71. The language of proposed paragraph (b) differs from current Sec. 65.71 by not only requiring an applicant for an AMT certificate to read, write, speak, and understand the English language, as is currently required, but also by requiring 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 include a provision for the Administrator to place such limitations on an applicant's certificate as are necessary for the safe maintenance, preventive maintenance, or alteration of aircraft if the applicant is unable to meet any of these requirements because of medical reasons. The proposal also would eliminate the issuance of certificates to individuals who cannot meet these requirements and are employed solely outside the United States by a U.S. air carrier.

The proposal would retain current requirements to pass all required tests within 24 months and to comply with any additional eligibility requirements for any rating sought.

Section 66.53 Ratings

Proposed Sec. 66.53 would establish that aircraft and aviation maintenance instructor ratings would be issued under subpart B.

Section 66.55 Aircraft Rating: Knowledge Requirements

Proposed Sec. 66.55 would establish the knowledge requirements for the aircraft rating. This proposed section is based on the knowledge requirements for the mechanic certificate found in current Sec. 65.75. The proposal would revise these current knowledge requirements by not only including the current requirement that the applicant be tested on the applicable provisions of parts 43 and 91 but by requiring the applicant to pass a knowledge test that includes material on all relevant provisions of this chapter, therefore, expanding the knowledge required of an applicant.

The proposal also would require the applicant to pass all knowledge tests (as opposed to each section) before applying for the oral and practical tests for the rating sought unless the applicant was enrolled in certain aviation maintenance technician schools.

Because of the increased use of computer-based testing, the proposal would state that a report of the knowledge test results will be made available to the applicant upon completion of the test. Current rules pertaining to the testing of mechanic certificate applicants require the FAA to send the applicant a report of the test.

Section 66.57 Aircraft Rating: Experience Requirements

Proposed Sec. 66.57 would establish the necessary experience requirements for the issuance of an AMT certificate with an aircraft rating. The experience requirements for the AMT certificate with an aircraft rating would be similar to those found in current Sec. 65.77 for the mechanic certificate with an airframe and powerplant rating.

The proposal would permit an applicant to present either an appropriate graduation certificate or a certificate of completion from a certificated aviation maintenance technician school to show compliance with the necessary experience requirements. For those applicants seeking to meet AMT experience requirements through practical experience, the proposal would change the current 30 months of experience required of applicants for a mechanic certificate with airframe and powerplant ratings to 5,000 hours for applicants for an AMT certificate with an aircraft rating. The approximate full-time equivalent of 30 months is 5,000 hours. Because separate airframe and powerplant ratings will not be issued under an AMT certificate, the 18- month experience requirement pertaining to applicants for a separate rating, which is found in current Sec. 65.77(a), has not been included in the proposed section.

Section 66.59 Aircraft Rating: Competency Requirements

Proposed Sec. 66.59 would establish the competency requirements for applicants attempting to obtain an AMT certificate with an aircraft rating under this part. This proposed section is based on current Sec. 65.79. The proposal would establish a basic competency requirement for an AMT by requiring the applicant to demonstrate competence in performing tasks

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appropriate to the rating sought. The proposal also would clarify the existing regulation to ensure that an applicant passed both an oral and a practical test appropriate to the rating sought.

Section 66.61 Certificated Aviation Maintenance Technician School Students

Proposed Sec. 66.61 is based on current Sec. 65.80 and would prescribe the specific requirements for testing students at aviation maintenance technician schools. Proposed paragraph (a) is based on the current section with no substantive differences. Proposed paragraph (b) would permit applicants who have successfully completed all applicable knowledge tests and who apply for an AMT certificate with an aircraft rating within 90 days after graduation from certain part 147 aviation maintenance technician schools (which have been specifically authorized by the Administrator to test the applicants on the applicable competency requirements) to be considered as meeting all applicable knowledge, experience, and competency requirements.

Section 66.63 Aircraft Rating: Privileges and Limitations

Proposed Sec. 66.63, based on current Secs. 65.81, 65.85, and 65.87 would define the privileges and limitations of an AMT certificate holder with an aircraft rating. Proposed paragraphs (a) and (b) are based on current Sec. 65.81; however, the proposal would clarify and expand the manner in which an AMT may become qualified to supervise the maintenance, preventive maintenance, or alteration of any aircraft, or approve for return to service any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof. In addition to those means specified in current Sec. 65.81 for mechanics, the proposal would provide the holder of an AMT certificate and aircraft rating with an additional means to qualify for the exercise of these privileges. The holder of an AMT certificate would be permitted to exercise the privileges mentioned above if the AMT had received training on the tasks to be performed or had previously performed such work under the direct supervision of an appropriately rated certificate holder who also had received appropriate training on the tasks to be performed.

Additionally, the proposal would clarify the intent of current Sec. 65.81 by permitting the holder of an AMT certificate with an aircraft rating to exercise the privileges of the certificate and rating by demonstrating the ability to perform the work to the satisfaction of the Administrator. The current regulation requires actual performance of the work.

Except for those restrictions imposed by proposed paragraph (d), an AMT with an aircraft rating would, under proposed paragraph (c), retain current privileges of a mechanic with an airframe and powerplant rating and would be permitted to perform the 100-hour inspection required by part 91.

Proposed paragraph (d)(1) would set forth limitations on the holder of an AMT certificate with an aircraft rating. These limitations currently are not applicable to the holder of a mechanic certificate with an airframe and powerplant rating. The holder of an AMT certificate with an aircraft rating would not be permitted to approve for return to service any aircraft certificated under part 25 or part 29, except after the performance of those tasks specified in paragraph (c) of appendix A to part 43 or after the performance of other tasks specified by the Administrator.

Proposed paragraph (d)(2) would prohibit an AMT with an aircraft rating from performing or supervising a major repair or major alteration of a propeller or any repair or alteration of instruments (other than a horizontal-card liquid-filled compass), unless the work is being performed for, and is under the direct supervision and control of, a repair station certificated under part 145 or an air carrier conducting operations under part 121 or part 135.

Proposed paragraph (d)(3) also would prohibit an AMT with an aircraft rating from approving for return to service any aircraft, airframe, aircraft engine, propeller, appliance, component, or part after completing a major repair or major alteration, or from approving for return to service any instrument other than a horizontal-card liquid-filled compass after completing any repair or alteration.

In paragraph (d)(4), the proposal would require that a certificated AMT understand current instructions for continued airworthiness and the maintenance instructions for the specific operation concerned to exercise the privileges of the certificate and rating. Current Sec. 65.81 requires a mechanic to understand the more limited current instructions of the manufacturer and the maintenance manuals for the specific operation concerned.

Section 66.65 Aircraft Rating: Recent Experience Requirements

Proposed Sec. 66.65 would prescribe the specific recent experience requirements for an AMT with an aircraft rating. This proposed section is based on current Sec. 65.83. The proposal would permit the holder of an AMT certificate with an aircraft rating to satisfy proposed recent experience requirements by using those means currently available to the holder of a mechanic certificate to meet current recent experience requirements. The proposal also would permit the holder of an AMT certificate with an aircraft rating additional means to maintain the recent experience required to exercise the privileges of the certificate and rating. In addition to the means currently specified in Sec. 65.83(a), the proposal would allow the AMT to meet the recent experience requirements to exercise the privileges of the certificate and rating if the person had served under the supervision of an AMT or AMT(T), provided aviation maintenance instruction under an aviation maintenance training program acceptable to the Administrator, or directly supervised other aviation maintenance instructors providing aviation maintenance instruction for a training program acceptable to the Administrator. The proposal also would allow the use of any combination of the proposed and current methods to maintain recent experience.

In addition to the proposed requirements set forth in proposed paragraph (a)(1), proposed paragraph (a)(2) would require the successful completion of recurrent training appropriate to the duties of an AMT if the individual desires to exercise the privileges of the certificate and rating for compensation or hire. This training may consist of an AMT refresher course, an inspection authorization refresher course, or any other course of instruction acceptable to the Administrator that is appropriate to the duties of an AMT. Additionally, an AMT could satisfy the proposed recurrent training requirement in the following manner: through participation in the required training program of a certificate holder with a maintenance and preventive maintenance training program required under Sec. 121.375 or Sec. 135.433 (as specified in proposed paragraph (a)(2)(ii)) or through participation in the training program of a U.S.-certificated repair station that performs work in accordance with Sec. 145.2(a) or conducts a maintenance and preventive maintenance training program (as specified in proposed paragraph (a)(2)(iii)). An AMT also could satisfy the proposed recurrent training requirement by providing aviation maintenance instruction or by serving as the supervisor of persons providing aviation maintenance instruction.

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Proposed paragraph (b) would not require all AMTs to complete the new recurrent training requirements. An AMT who, within the preceding 24 months, has successfully completed a requalification course acceptable to the Administrator, or been found competent by the Administrator to exercise the privileges of the certificate, would not be subject to the proposed training requirements.

Proposed paragraph (c) sets forth the limitations on exercising, for compensation or hire, the privileges of the AMT certificate with an aircraft rating. It would permit an AMT who has met the requirements of proposed paragraph (a)(1), but not proposed paragraph (a)(2) or (b), to exercise the privileges of the certificate and rating, but not for compensation or hire.

Section 66.67 Aviation Maintenance Instructor Rating: Additional Eligibility Requirements

Proposed Sec. 66.67 would set forth the additional eligibility requirements for applicants seeking an aviation maintenance instructor rating. Proposed paragraph (a)(1) would require an applicant to possess a current and valid AMT certificate, with an aircraft rating, that has been in effect for a total of at least 3 years. Proposed paragraph (a)(2) would require an applicant to have been actively engaged in maintaining aircraft for at least the 2-year period before the date of application.

An applicant also would be required, in proposed paragraph (a)(3), to have passed a knowledge test on those subjects pertinent to the exercise of the privileges of the aviation maintenance instructor rating. In lieu of passing such a test within 24 months of application for the rating, an applicant who could present evidence of recognized instructional proficiency, as stated in the proposed rule, would not be required to pass the knowledge test for the rating.

Proposed paragraph (b) would recognize the proficiency of experienced, yet noncertificated, instructors. An applicant who, within 12 months after the effective date of the rule, could present evidence acceptable to the Administrator that he or she had served as an aviation maintenance instructor or as the supervisor of aviation maintenance instructors at an aviation maintenance technician school certificated under part 147 would not be required to pass a knowledge test on instructional proficiency.

Section 66.69 Aviation Maintenance Instructor Rating: Instructional Knowledge and Proficiency

Proposed Sec. 66.69 would specifically list those subjects in which an applicant for an aviation maintenance instructor rating would be required to demonstrate satisfactory instructional knowledge and proficiency. This material is identical to that contained in the Fundamentals of Instruction knowledge test.

Section 66.71 Aviation Maintenance Instructor Rating: Privileges and Limitations

Proposed Sec. 66.71 would set forth the general privileges and limitations of the AMT certificate with an aviation maintenance instructor rating.

Section 66.73 Aviation Maintenance Instructor Rating: Recent Experience Requirements

Proposed Sec. 66.73 would prescribe the specific recent experience requirements for an AMT with an aviation maintenance instructor rating. An individual holding this certificate and rating would not be permitted to exercise the privileges of the certificate and rating unless, within the preceding 24 months, the holder had provided 300 hours of aviation maintenance instruction or had supervised other aviation maintenance instructors for a period of 300 hours. The holder also would meet the proposed recent experience requirements upon completion of an AMT refresher course (or other course of instruction acceptable to the Administrator) or if the Administrator had made a determination that the holder met the standards prescribed for the issuance of the certificate and rating.

Part 66, Subpart C Aviation Maintenance Technicians (Transport)

The structure of part 66, subpart C, is based on the current structure of part 65, subpart D. Under the proposed rule, the title of part 66, subpart C, would become ``Aviation Maintenance Technicians (Transport).''

Section 66.101 Eligibility Requirements: General

Proposed Sec. 66.101 sets for the eligibility requirements for the proposed AMT(T) certificate. It would require all applicants for the AMT(T) certificate to hold a current and valid AMT certificate and to comply with any additional requirements for any rating sought. Because an applicant for an AMT(T) certificate would be required to hold a current and valid AMT certificate, an applicant would be required to have complied with proposed Sec. 66.51. Therefore, these requirements have not been repeated in the proposed section.

Section 66.103 Ratings

Proposed Sec. 66.103 would establish aircraft and aviation maintenance instructor ratings issued under subpart C.

Section 66.105 Transition to New Certificates and Ratings

Proposed Sec. 66.105 would establish the equivalency of the mechanic certificate with airframe and powerplant ratings and the proposed AMT(T) certificate with the aircraft rating. Therefore, the privileges and limitations of the proposed AMT(T) certificate with an aircraft rating would be identical to those of the current mechanic certificate with airframe and powerplant ratings. As the FAA would continue to recognize mechanic certificates with either an airframe rating or a powerplant rating, proposed paragraphs (b) and (c) would set forth approval for return-to-service limitations on the holders of these certificates, which are identical to those found in current part 65.

Section 66.107 Aircraft Rating: Additional Eligibility Requirements

Proposed Sec. 66.107 would set forth the additional eligibility requirements for the issuance of an AMT(T) certificate with an aircraft rating. An applicant would be required to successfully complete: an AMT(T) training program administered by an approved training provider; an AMT(T) training program approved under part 147; or a training program approved under part 121, subpart L, or part 135, subpart J. Training programs provided by a certificate holder would be required to meet the training program requirements specified in paragraph (d) of appendix A to proposed part 66.

Section 66.109 Aircraft Rating: Privileges and Limitations

Proposed Sec. 66.109 is based on current Secs. 65.81, 65.85, and 65.87, and would define the privileges and limitations of an AMT(T) certificate with an aircraft rating. Proposed Sec. 66.109 is structurally similar to proposed Sec. 66.63, which sets forth the privileges and limitations of the AMT certificate with an aircraft rating.

The holder of an AMT(T) certificate with an aircraft rating would possess all of the privileges provided to the holder of the AMT certificate with an aircraft rating, as set forth in proposed Sec. 66.63. Proposed Sec. 66.109(d), however, would not include the limitation placed on the holder of an AMT certificate with an aircraft rating found in proposed Sec. 66.63

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that precludes the holder from approving for return to service any aircraft certificated under part 25 or part 29.

Section 66.111 Aircraft Rating: Recent Experience Requirements

Proposed Sec. 66.111 would prescribe the specific recent experience requirements for AMT(T)s with an aircraft rating. This proposed section is based on current Sec. 65.83 and is structurally similar to proposed Sec. 66.65. It would differ from proposed Sec. 66.65 in that the maintenance, preventive maintenance, or alterations, which the AMT(T) with an aircraft rating would be required to have performed, supervised, or provided instruction in for at least 6 months within the preceding 24 months, would be required to be on an aircraft certificated under part 25 or part 29, or on any airframe, aircraft engine, propeller, appliance, component, or part thereof. The proposed recurrent training requirements would be identical to those proposed for the AMT. It also would permit the holder of an AMT(T) certificate who had not satisfied the recent experience requirements for an AMT(T) certificate, but had satisfied the recent experience requirements for an AMT certificate, to exercise the privileges of the AMT certificate.

Section 66.113 Aviation Maintenance Instructor Rating: Additional Eligibility Requirements

Proposed Sec. 66.113 would set forth the eligibility requirements for applicants with an AMT(T) certificate and aircraft rating who are seeking an aviation maintenance instructor rating. The requirements of proposed Sec. 66.113 would be similar to those established for an applicant with an AMT certificate and aircraft rating who is seeking an aviation maintenance instructor rating as set forth in proposed Sec. 66.67.

The proposed section would differ from proposed Sec. 66.67 in that it also would permit a person possessing an AMT certificate with an aviation maintenance instructor rating, who meets the requirements for the issuance of an AMT(T) certificate, to be issued an AMT(T) certificate with an aviation maintenance instructor rating, upon application.

Section 66.115 Aviation Maintenance Instructor Rating: Privileges and Limitations

Proposed Sec. 66.115 would set forth the general privileges and limitations of the AMT(T) certificate with an aviation maintenance instructor rating.

Section 66.117 Aviation Maintenance Instructor Rating: Recent Experience Requirements

Proposed Sec. 66.117 would prescribe the specific recent experience requirements for AMT(T)s with an aviation maintenance instructor rating. The recent experience requirements set forth for an AMT(T) with an aviation maintenance instructor rating would be identical to those set forth in proposed Sec. 66.73 for an AMT with an aviation maintenance instructor rating. Because instructional skill is independent of the type of items on which an AMT(T) provides instruction, the aviation maintenance instruction that the individual would be required to provide to maintain recent experience, would not be required to pertain to aircraft certificated under part 25 or part 29, or to the airframes, aircraft engines, propellers, appliances, components, or parts thereof.

Section 66.119 Aviation Maintenance Technician (Transport) Training Providers

Proposed Sec. 66.119 would set forth the requirements for those persons seeking approval as AMT(T) training providers. An applicant for approval as a training provider would be required to submit a written request for approval to the Administrator and to comply with appendix A to proposed part 66.

Proposed paragraph (b) would only require a certificate holder operating under part 121 or part 135, an aviation maintenance technician school certificated under part 147, or a certificated repair station operating pursuant to Sec. 145.2(a) to request approval and show that its training program meets the requirements of paragraph (d) of appendix A to proposed part 66.

Part 66, Subpart D Inspection Authorizations

Proposed part 66, subpart D, would consolidate into a single subpart those portions of current part 65 that pertain to the issuance of inspection authorizations. Under the proposed rule, the title of part 66, subpart D, would become ``Inspection Authorizations.''

Section 66.151 Eligibility Requirements: General

Proposed Sec. 66.151 is based on current Sec. 65.91 and would set forth the general eligibility requirements for applicants for an inspection authorization. Proposed paragraph (a) would require an applicant to meet the requirements of current Sec. 65.91(c) and would establish an additional requirement for applicants to have attended and successfully completed an inspection authorization course, acceptable to the Administrator, of not less than 8 hours of instruction during the 12-month period preceding the application. Attendance at such a course would ensure standardization of inspection procedures and a more uniform interpretation of regulatory and advisory material by holders of the inspection authorization. The proposal would permit the holder of an AMT certificate or an AMT(T) certificate to obtain an inspection authorization. It would also require the applicant to have passed a knowledge test on his or her ability to inspect according to safety standards for approving aircraft for return to service after all repairs and alterations.

Proposed paragraph (b) would set forth the requirements for an applicant seeking to remove the limitation imposed by proposed Sec. 66.157(b). Proposed paragraph (b) would require an applicant seeking to inspect and approve for return to service any aircraft certificated under part 25 or part 29 (except those maintained in accordance with a continuous airworthiness maintenance program approved under part 121) to possess an AMT(T) certificate and to have been actively engaged, for at least the 2-year period before application, in the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof.

Proposed paragraph (c) would retain the current prohibition against applying for a retest within 90 days after a previous testing failure.

Section 66.153 Duration of Authorization

Proposed Sec. 66.153 would prescribe the duration of an inspection authorization. This proposed section is based on current Sec. 65.92, with two substantive differences. Under the proposal, the expiration date of the inspection authorization would be extended to the last day of the 24th month after its issuance. Under the current regulation, the inspection authorization expires on March 31 of each year. Additionally, the proposal would state that an inspection authorization would no longer be effective if its holder does not possess a current and valid AMT or AMT(T) certificate.

Section 66.155 Renewal of Authorization

Proposed Sec. 66.155 would prescribe the renewal procedures for an

[[Page 37196]]

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 correspond to the extension of the duration of the inspection authorization, as proposed in Sec. 66.153. Applications for renewal would be required to be presented to the appropriate FAA office within 90 days before the date of an inspection authorization's expiration.

The proposal would retain current provisions specifying the renewal requirements for an inspection authorization and also 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 renewal requirements. To 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, acceptable to the Administrator, of not less than 8 hours, during the 12-month period preceding the application for renewal. As the proposed rule would extend the duration of the inspection authorization from 12 months to 24 months, the amount of time required for the holder of an inspection authorization to renew an authorization by using this method, in lieu of other performance requirements, would be proportionally increased to 16 hours. The proposal would specify that this training could be accomplished through attendance at an inspection authorization refresher course or a series of courses, acceptable to the Administrator, during the expanded renewal period. The proposal recognizes recent developments in instructional techniques and, through the acceptance of a series of courses acceptable to the Administrator, would permit instructional methods that may differ from the standard classroom or lecture format.

Section 66.157 Privileges and Limitations

Proposed Sec. 66.157 would prescribe the privileges and limitations of an inspection authorization. The privileges of the holder of an AMT(T) certificate with an inspection authorization are based on current Sec. 65.95, with no substantive differences. The privileges of the holder of an AMT certificate with an inspection authorization are based on current Sec. 65.95, with certain distinctions that reflect the privileges and limitations of the AMT certificate. The holder of an AMT certificate with an inspection authorization would possess those privileges specified in current Sec. 65.95 except that the holder would not be permitted to inspect and approve aircraft certificated under part 25 or part 29 for return to service after completion of a major repair or a major alteration. The holder of an AMT certificate with an inspection authorization also would not be permitted to perform an annual inspection, or perform or supervise a progressive inspection, according to Secs. 43.13 and 43.15, on aircraft that have been certificated under part 25 or part 29.

Part 66, Subpart E Aviation Repair Specialists

The structure of part 66, subpart E, is based on the current structure of part 65, subpart D. Under the proposed rule, the title of part 66, subpart E, would become ``Aviation Repair Specialists.''

Section 66.201 Aviation Repair Specialist Certificates Issued on the Basis of Proficiency in a Designated Specialty Area (ARS-I): Eligibility

Proposed Sec. 66.201 would set forth the general eligibility requirements for an applicant seeking an aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I). An applicant for this new certificate would be required to be at least 18 years of age and 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. The Administrator, however, could place such limitations on an applicant's certificate as are necessary for the safe maintenance, preventive maintenance, or alteration of aircraft if the applicant is unable to meet any of these requirements because of medical reasons.

The applicant also would be required to present either an appropriate graduation certificate, a certificate of completion, or other documentary evidence acceptable to the Administrator, that demonstrates the satisfactory completion of an acceptable aviation repair specialist training course or program for a rating in a specialty area designated by the Administrator. Before 12 months after the effective date of the rule, evidence acceptable to the Administrator of the ability to perform those tasks appropriate to the certificate and rating in the designated specialty area sought, also could be presented.

Section 66.203 Aviation Repair Specialist Certificates Issued on the Basis of Employment (ARS-II): Eligibility

Proposed Sec. 66.203 is based on current Sec. 65.101 and would prescribe the general eligibility requirements for the aviation repair specialist certificate issued on the basis of employment (ARS-II). The language of proposed paragraph (b) differs from current Sec. 65.101 in that it would not only require an applicant for an aviation repair specialist certificate to read, write, speak, and understand the English language 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 Administrator, however, could place such limitations on an applicant's certificate as are necessary for the safe maintenance, preventive maintenance, or alteration of aircraft if the applicant is unable to meet any of these requirements because of medical reasons. The proposal also differs from current Sec. 65.101 in that it would eliminate the issuance of certificates to individuals who cannot read, write, speak, or understand the English language and who are employed solely outside the United States by a U.S.-certificated repair station, a U.S.- certificated commercial operator, or a U.S.-certificated air carrier. This change corresponds with proposed Secs. 66.51 and 66.101, which eliminate the issuance of AMT and AMT(T) certificates under similar circumstances.

Proposed paragraph (c) differs from the current section in that it would provide a more comprehensive listing of items on which an applicant could be qualified to perform maintenance (aircraft, airframes, aircraft engines, propellers, appliances, components, and parts thereof). Proposed paragraph (d) would change the current reference in Sec. 65.101(a)(3) from ``its maintenance manuals'' to ``its certificate holder's manual''.

Proposed paragraph (f)(1) would specify the current 18-month practical experience requirement in hours instead of months as set forth in current Sec. 65.101(a)(5)(i). The 3,000 hours of experience specified in the proposal are approximately equal to the current 18- month experience requirement.

Section 66.205 Aviation Repair Specialist Certificates Issued to Experimental Aircraft Builders (ARS-III): Eligibility

Proposed Sec. 66.205 is based on current Sec. 65.104(a). The proposed section would

[[Page 37197]]

change the term ``repairman certificate-experimental aircraft builder'' to ``aviation repair specialist certificate issued to an experimental aircraft builder (ARS-III).'' There are no substantive differences between the proposed section and current Sec. 65.104(a).

Section 66.207 Transition to New Certificates

Proposed Sec. 66.207 establishes the equivalency of the proposed ARS-II certificate with the repairman certificate specified in current Sec. 65.101, and the equivalency of the proposed ARS-III certificate with the repairman certificate (experimental aircraft builder) specified in current Sec. 65.104.

Section 66.209 Aviation Repair Specialist Certificates Issued on the Basis of Proficiency in a Designated Area (ARS-I): Privileges and Limitations

Proposed Sec. 66.209 would set forth the general privileges and limitations of the aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I). The holder of the certificate would be permitted to perform or supervise the maintenance, preventive maintenance, or alteration of aircraft, airframes, aircraft engines, propellers, appliances, components, and parts thereof appropriate to the designated specialty area for which the aviation repair specialist is certificated but only in connection with employment by a certificate holder operating under part 121, 135, or 145.

Proposed paragraph (b) would prohibit the holder from performing or supervising duties unless the individual understands the current instructions of the certificate holder employing the aviation repair specialist and the instructions for continued airworthiness that relate to the specific operations concerned.

Section 66.211 Aviation Repair Specialist Certificates Issued on the Basis of Employment (ARS-II): Privileges and Limitations

Proposed Sec. 66.211 is based on current Sec. 65.103 and would set forth the general privileges and limitations of the aviation repair specialist certificate issued on the basis of employment (ARS-II). Proposed paragraph (a) differs from the current section in that it would provide a more comprehensive listing of items on which an applicant could be qualified to perform work (aircraft, airframes, aircraft engines, propellers, appliances, components, and parts thereof). Proposed paragraph (b) is equivalent to current Sec. 65.103(b).

Section 66.213 Aviation Repair Specialist Certificates Issued to Experimental Aircraft Builders (ARS-III): Privileges and Limitations

Proposed Sec. 66.213 is based on current Sec. 65.104(b), with no substantive changes.

Section 66.215 Aviation Repair Specialist Certificates Issued on the Basis of Proficiency in a Designated Specialty Area (ARS-I): Recent Experience Requirements

Proposed Sec. 66.215 would set forth recent experience requirements for holders of aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS-I). The holder would not be permitted to exercise the privileges of the certificate and rating unless the holder meets the current qualification and proficiency requirements for the issuance of the certificate and rating in the designated specialty area.

Part 66, Appendix A+Aviation Maintenance Technician (Transport) Training Program Curriculum Requirements

Proposed appendix A to part 66 would set forth the training program requirements for the AMT(T) curriculum. It would set forth the minimum requirements for the form and content of the training program outline and would establish minimum training program requirements. It also would permit the provision of training in additional subject areas not specified in the appendix and would establish procedures for the revision of an approved training provider's training program. The proposal also would describe the facilities, equipment, material, and instructor requirements necessary to conduct an AMT(T) training program.

The proposal would describe those student records that would be required to be retained by the training provider and the amount of credit the training provider could provide to a student for previous training. It also would require an approved training provider to furnish each student with a statement of graduation upon completion of the curriculum and, upon request, a record of training for any portion of the training program that has been completed.

The proposed appendix would set forth notification requirements for training providers in the event of a change of ownership, name, or location. It also would establish standards for the conduct of instruction provided by contract or agreement. In addition, the proposal would set forth specific periods for the duration of a training provider's approval and establish criteria for cancellation and renewal of the approval.

Section 147.23 Instructor Requirements

The proposal would amend current Sec. 147.23 to require that an applicant for an aviation maintenance technician school certificate and rating(s) provide the number of instructors who hold appropriate AMT or AMT(T) certificates with aviation maintenance instructor ratings, that the Administrator determines is necessary to provide adequate supervision of the students. Twelve months after the effective date of the rule, at least 1 AMT with an aviation maintenance instructor rating, or 1 AMT(T) with an aviation maintenance instructor rating, would be required for every 25 students in each shop class.

Section 147.36 Maintenance Instructor Requirements

The proposal would amend current Sec. 147.36 to require that each aviation maintenance technician school, after certification or addition of a rating, provide the number of instructors who hold appropriate AMT certificates with aviation maintenance instructor ratings or AMT(T) certificates with aviation maintenance instructor ratings, that the Administrator determines is necessary to provide adequate instruction for the students. Twelve months after the effective date of the rule, at least 1 AMT with an aviation maintenance instructor rating, or 1 AMT(T) with an aviation maintenance instructor rating, would be required for every 25 students in each shop class.

Paperwork Reduction Act

Proposed Sec. 66.17 contains information collection requirements that are not contained in the current rule. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted a copy of this proposed section to the Office of Management and Budget (OMB) for its review.

The FAA needs the information to be collected to determine the number of active AMT and AMT(T) certificate holders and to obtain current address information from these personnel so that safety-related data can be quickly distributed to these personnel when necessary. The FAA estimates that the additional burden of collecting this information during the first year of the proposed rule is 20,000 hours. One year after the effective date of the proposed

[[Page 37198]]

rule, this information would be updated by holders of AMT and AMT(T) certificates once over a 48-month period. The estimated burden of collecting this information would be reduced to 5,000 hours annually.

The FAA estimates that this proposal will affect 120,000 certificate holders during the first year of the proposal and 30,000 certificate holders annually afterward.

Organizations and individuals desiring to submit comments on the information collection requirement should direct them to the Office of Information and Regulatory Affairs, OMB, Room 1235, New Executive Office Building, Washington, DC 20503; Attention: Desk Officer for Federal Aviation Administration. These comments should reflect whether the proposed collection is necessary; whether the agency's estimate of the burden is accurate; how the quality, utility, and clarity of the information to be collected can be enhanced; and how the burden of the collection can be minimized. A copy of the comments should be submitted to the FAA Rules Docket.

International Civil Aviation Organization and Joint Aviation Regulations

In keeping with U.S. obligations under the Convention on International Civil Aviation (ICAO), it is FAA policy to comply with ICAO Standards and Recommended Practices to the maximum extent practicable. The FAA is not aware of any differences that this proposal would present if adopted. Any differences that may be presented in comments to this proposal, however, will be taken into consideration.

Regulatory Evaluation Summary

Cost-Benefit Analysis

This section summarizes the full regulatory evaluation prepared by the FAA that provides more detailed estimates of the economic consequences of this regulatory action. This summary and the full evaluation quantify, to the extent practicable, estimated costs to the private sector, consumers, Federal, State and local governments, as well as anticipated benefits. The evaluation was conducted in accordance with Executive Order 12866, which directs that each Federal agency can propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify the costs. This document also includes an initial regulatory flexibility determination, required by the Regulatory Flexibility Act of 1980, and an international trade impact assessment, required by the Office of Management and Budget.

This document is considered a ``non-significant regulatory action'' under Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This document is also considered non-significant under the regulatory policies and procedures of the Department of Transportation (44 FR 11034; February 2, 1979).

Costs

This proposed rule would revise the regulations that prescribe the certification and training requirements for mechanics and repairmen. Current regulations prescribing these certification requirements do not reflect the extensive differences in the maintenance skills required of currently certificated personnel, 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 for aviation maintenance personnel all certification, training, experience, and currency requirements in a newly established 14 CFR part 66. This rulemaking would create additional certificates and ratings, and would modify the privileges and limitations of current certificates to respond more closely to the current responsibilities of aviation maintenance personnel. The proposed rule also would enhance the technical capabilities of, and increase the level of professionalism among, aviation maintenance personnel by establishing new training requirements.

The total quantifiable cost in second quarter 1996 dollars was estimated at between $219 million and $404 million over ten years (between $153.8 million and $283.8 million discounted). The cost range is a function of the estimated range of affected mechanics. The total quantifiable costs to all affected mechanics for obtaining an aviation maintenance technician (transport) (AMT(T)) certificate were estimated at between $146 million and $293 million over ten years (between $102.5 and $207.8 million discounted at 7 percent). The cost of the provision relating to recurrent training would range between $73 million and $111 million over ten years (between $51.3 million and $78.0 million, discounted).

Cost Savings

There are a number of potential sources of cost savings in the proposal. Improved training is expected to increase productivity between about $238 million and $595 million (between $167.2 million and $417.9 million, discounted over ten years). Elimination of course redundancy in the A & P curriculum could provide estimated cost savings between $166 million to $222 million over ten years (between $116.6 million and $155.9 million, discounted). Other changes could add approximately $18.1 million in cost savings over ten years ($12.7 million, discounted). The total potential cost savings would therefore range between $422.1 million and $817.0 million total over ten years (between $296.4 million and $573.8 million, discounted).

Based upon the low compliance cost coupled with the potential cost savings, the FAA concludes that the proposed rule is cost beneficial.

Initial Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) (Public Law 96-354; September 19, 1980) was enacted by Congress to ensure that small entities are not unnecessarily and disproportionately burdened by government regulations. The RFA requires agencies to review rules that may have ``a significant cost impact on a substantial number of small entities.''

All of the major changes to the rules discussed in this NPRM would affect mechanics and repairmen, who are individuals rather than business entities or government entities. The revisions that impact maintenance schools would not exceed the cost-threshold level, as found in FAA Order 2100.14A, ``Regulatory Flexibility Criteria and Guidance'' (September 1986). Therefore, the FAA has determined that the proposed revisions would not have a significant economic impact on a substantial number of small entities.

International Trade Impact

The proposed rule would not affect international trade since the mechanics affected would not be employed by firms whose operations are of an international scale.

Unfunded Mandates Reform Act Assessment

This proposed rule does not contain any Federal intergovernmental or private sector mandate. Therefore, the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply.

Federalism Implications

The regulations proposed herein will not have substantial direct effects on the States, on the relationship between the

[[Page 37199]]

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.

Cross-Reference

To identify the location in proposed part 66 where present regulations (or portions thereof) pertaining to mechanics and repairmen would be found, the following cross-reference list is provided. (Current Secs. 65.1 through 65.23, except for Sec. 65.3, would not be deleted from part 65 as these sections would still pertain to those airmen who would continue to be regulated by that part.)

Old

New

65.1...................................... 66.1

65.3...................................... 66.3

65.11..................................... 66.5

65.12..................................... 66.27

65.13..................................... 66.7

65.15..................................... 66.9

65.16..................................... 66.13

65.17..................................... 66.21

65.18..................................... 66.23

65.19..................................... 66.25

65.20..................................... 66.19

65.21..................................... 66.15

65.23..................................... 66.29

65.71..................................... 66.51 and 66.101

65.73..................................... 66.53 and 66.103

65.75..................................... 66.55

65.77..................................... 66.57

65.79..................................... 66.59

65.80..................................... 66.61

65.81..................................... 66.63 and 66.109

65.83..................................... 66.65 and 66.111

65.85..................................... 66.63 and 66.109

65.87..................................... 66.63 and 66.109

65.89..................................... 66.11

65.91..................................... 66.151

65.92..................................... 66.153

65.93..................................... 66.155

65.95..................................... 66.157

65.101.................................... 66.203

65.103.................................... 66.211

65.104.................................... 66.205 and 66.213

65.105.................................... 66.11

The following list shows where the proposals contained in this document can be found in current part 65:

New

Old

66.1...................................... 65.1

66.3...................................... 65.3

66.5...................................... 65.11

66.7...................................... 65.13

66.9...................................... 65.15

66.11..................................... 65.89 and 65.105

66.13..................................... 65.16

66.15..................................... 65.21

66.17..................................... New

66.19..................................... 65.20

66.21..................................... 65.17

66.23..................................... 65.18

66.25..................................... 65.19

66.27..................................... 65.12

66.29..................................... 65.23

66.31..................................... New

66.51..................................... 65.71

66.53..................................... 65.73

66.55..................................... 65.75

66.57..................................... 65.77

66.59..................................... 65.79

66.61..................................... 65.80

66.63..................................... 65.81, 65.85, and 65.87 66.65..................................... 65.83

66.67..................................... New

66.69..................................... New

66.71..................................... New

66.73..................................... New

66.101.................................... 65.71

66.103.................................... 65.73

66.105.................................... New

66.107.................................... New

66.109.................................... 65.81, 65.85, and 65.87 66.111.................................... 65.83

66.113.................................... New

66.115.................................... New

66.117.................................... New

66.119.................................... New

66.151.................................... 65.91

66.153.................................... 65.92

66.155.................................... 65.93

66.157.................................... 65.95

66.201.................................... New

66.203.................................... 65.101

66.205.................................... 65.104

66.207.................................... New

66.209.................................... New

66.211.................................... 65.103

66.213.................................... 65.104

66.215.................................... New

List of Subjects

14 CFR Part 65

Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, Drug abuse, Reporting and recordkeeping requirements.

14 CFR Part 66

Air safety, Air transportation, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Reporting and recordkeeping requirements.

14 CFR Part 147

Aircraft, Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend Chapter I of 14 CFR as follows:

PART 65--CERTIFICATION: AIR TRAFFIC CONTROL TOWER OPERATORS, AIRCRAFT DISPATCHERS, AND PARACHUTE RIGGERS

1. The heading for part 65 is revised to read as set forth above.

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

   Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709- 44711, 45102-45103, 45301-45302.

   Sec. 65.1 [Amended]

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 certificate 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 is no longer effective, shall return that certificate to the Administrator.

   Subpart D [Removed and Reserved]

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

   Subpart E [Removed and Reserved]

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

9. Part 66 is added to read as follows:

   [[Page 37200]]

   PART 66--CERTIFICATION: AVIATION MAINTENANCE PERSONNEL

   Subpart A--General

   Sec. 66.1 Applicability. 66.3 Certification of foreign aviation maintenance personnel. 66.5 Application and issue. 66.7 Temporary certificate. 66.9 Duration of certificates. 66.11 Display of certificate. 66.13 Change of name: Replacement of lost or destroyed certificate. 66.15 Change of address. 66.17 Periodic registration. 66.19 Applications, certificates, logbooks, reports, and records: Falsification, reproduction, or alteration. 66.21 Tests: General procedure. 66.23 Knowledge tests: Cheating or other unauthorized conduct. 66.25 Retesting after failure. 66.27 Offenses involving alcohol or drugs. 66.29 Refusal to submit to a drug or alcohol test. 66.31 Waivers: Policy and procedures.

   Subpart B--Aviation Maintenance Technicians

   66.51 Eligibility requirements: General. 66.53 Ratings. 66.55 Aircraft rating: Knowledge requirements. 66.57 Aircraft rating: Experience requirements. 66.59 Aircraft rating: Competency requirements. 66.61 Certificated aviation maintenance technician school students. 66.63 Aircraft rating: Privileges and limitations. 66.65 Aircraft rating: Recent experience requirements. 66.67 Aviation maintenance instructor rating: Additional eligibility requirements. 66.69 Aviation maintenance instructor rating: Instructional knowledge and proficiency. 66.71 Aviation maintenance instructor rating: Privileges and limitations. 66.73 Aviation maintenance instructor rating: Recent experience requirements.

   Subpart C--Aviation Maintenance Technicians (Transport)

   66.101 Eligibility requirements: General. 66.103 Ratings. 66.105 Transition to new certificates and ratings. 66.107 Aircraft rating: Additional eligibility requirements. 66.109 Aircraft rating: Privileges and limitations. 66.111 Aircraft rating: Recent experience requirements. 66.113 Aviation maintenance instructor rating: Additional eligibility requirements. 66.115 Aviation maintenance instructor rating: Privileges and limitations. 66.117 Aviation maintenance instructor rating: Recent experience requirements. 66.119 Aviation maintenance technician (transport) training providers.

   Subpart D--Inspection Authorizations

   66.151 Eligibility requirements: General. 66.153 Duration of authorization. 66.155 Renewal of authorization. 66.157 Privileges and limitations.

   Subpart E--Aviation Repair Specialists

   66.201 Aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS-I): Eligibility. 66.203 Aviation repair specialist certificates issued on the basis of employment (ARS-II): Eligibility. 66.205 Aviation repair specialist certificates issued to experimental aircraft builders (ARS-III): Eligibility. 66.207 Transition to new certificates. 66.209 Aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS-I): Privileges and limitations. 66.211 Aviation repair specialist certificates issued on the basis of employment (ARS-II): Privileges and limitations. 66.213 Aviation repair specialist certificates issued to experimental aircraft builders (ARS-III): Privileges and limitations. 66.215 Aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS-I): Recent experience requirements. Appendix A to Part 66--Aviation Maintenance Technician (Transport) Training Program Curriculum Requirements

   Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709- 44711, 45102-45103, 45301-45302.

   Subpart A--General

   Sec. 66.1 Applicability.

   (a) This part prescribes the requirements for issuing the certificates listed in paragraph (b) of this section and any associated rating or inspection authorization and the general operating rules for holders of those certificates, ratings, and inspection authorizations.

   (b) The following certificates are issued under this part:

   (1) Aviation maintenance technician.

   (2) Aviation maintenance technician (transport).

   (3) Aviation repair specialist.

   Sec. 66.3 Certification of foreign aviation maintenance personnel.

   A person who is neither a U.S. citizen nor a resident alien is issued a certificate under subpart B or C 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. 66.5 Application and issue.

   (a) Application for a certificate, rating, or inspection authorization 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 knowledge or practical test to be administered outside the United States or for any certificate, rating, or inspection authorization issued under this part must show evidence that the fee prescribed in appendix A to part 187 of this chapter has been paid.

   (b) An applicant who meets the requirements of this part is entitled to an appropriate certificate, rating, or inspection authorization.

   (c) Unless authorized by the Administrator, a person whose aviation maintenance technician certificate, aviation maintenance technician (transport) certificate, or aviation repair specialist 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 certificate, aviation maintenance technician (transport) certificate, or aviation repair specialist certificate is revoked may not apply for any of these certificates for 1 year after the date of revocation.

   Sec. 66.7 Temporary certificate.

   A certificate or rating effective for a period of not more than 120 days may be issued to a qualified applicant, pending review of the applicant's qualifications and the issuance by the Administrator of the certificate or rating for which the application was made.

   Sec. 66.9 Duration of certificates.

   (a) An aviation maintenance technician certificate, an aviation maintenance technician (transport) certificate, an aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I), an aviation repair specialist certificate issued to an experimental aircraft builder (ARS-III), 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 on the basis of employment (ARS-II) is effective until the holder of that certificate is relieved from the duties for which the holder was employed and certificated.

   [[Page 37201]]

   (c) The holder of a certificate issued under this part that is suspended, revoked, or no longer effective, shall return that certificate to the Administrator.

   Sec. 66.11 Display of certificate.

   Each person who holds an aviation maintenance technician certificate, an aviation maintenance technician (transport) certificate, or an aviation repair specialist certificate shall keep it within the immediate area where the person 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. 66.13 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 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 Federal Aviation Administration confirming that it was issued. The telegram or facsimile may be carried as a certificate for a period not to exceed 90 days, pending the receipt of a duplicate certificate under paragraph (b) of this section, unless the person 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 on which a duplicate certificate was requested, or including the request for a duplicate and a money order for the appropriate amount. The request for a telegraphic or facsimile certificate should be sent to the office prescribed in paragraph (b) of this section.

   Sec. 66.15 Change of address.

   The holder of a certificate issued under this part who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the certificate unless the holder has notified, in writing, the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, Oklahoma 73125, of the new address.

   Sec. 66.17 Periodic registration.

   (a) Except as provided in paragraph (b) of this section, the holder of an aviation maintenance technician certificate or an aviation maintenance technician (transport) certificate shall, before the last day of the 12th calendar month after [date 12 months after the effective date of the final rule], and before the last day of each 48- calendar-month period thereafter, notify, in a form and manner prescribed by the Administrator, the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, Oklahoma 73125, of his or her current mailing address.

   (b) The holder of an aviation maintenance technician certificate or an aviation maintenance technician (transport) certificate need not comply with the notification provisions of paragraph (a) of this section if the holder has, within the same 12- or 48-calendar-month period for which a notification was required in paragraph (a) of this section--

   (1) Been issued a certificate, rating, or inspection authorization under the provisions of this part;

   (2) Been issued an airman medical certificate under the provisions of part 67 of this chapter; or

   (3) Notified the Department of Transportation, Federal Aviation Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma City, Oklahoma 73125, under the provisions of Sec. 66.13 or Sec. 66.15.

   (c) The holder of an aviation maintenance technician certificate or an aviation maintenance technician (transport) certificate issued under this part, who has not complied with the requirements of this section may not exercise the privileges of the certificate until the notification required by this section has been made.

   Sec. 66.19 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, rating, or inspection authorization 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, rating, or inspection authorization under this part;

   (3) Any reproduction, for fraudulent purpose, of any certificate, rating, or inspection authorization under this part; or

   (4) Any alteration of any certificate, rating, or inspection authorization 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, rating, or inspection authorization held by that person.

   Sec. 66.21 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. 66.23 Knowledge tests: Cheating or other unauthorized conduct.

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

   (1) Copy, or intentionally remove, a knowledge 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 the test is being given;

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

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

   (6) Intentionally cause, assist, or participate in any act prohibited by this paragraph (a).

   (b) No person who commits an act prohibited by paragraph (a) of this section is eligible for any airman or ground instructor certificate, rating, or inspection authorization 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, rating, or inspection authorization held by that person.

   [[Page 37202]]

   Sec. 66.25 Retesting after failure.

   An applicant for a knowledge, oral, or practical test for a certificate, rating, or inspection authorization 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, rating, or inspection authorization sought by the applicant, which certifies 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. 66.27 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, marihuana, or depressant or stimulant drugs or substances, is grounds for--

   (1) Denial of an application for any certificate, rating, or inspection authorization 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, rating, or inspection authorization 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, rating, or inspection authorization issued under this part for a period of up to 1 year after the date of that act; or

   (2) Suspension or revocation of any certificate, rating, or inspection authorization issued under this part.

   Sec. 66.29 Refusal to submit to a drug or alcohol test.

   (a) This section applies to an employee who performs a function listed in appendix I or appendix J to part 121 of this chapter directly or by contract for a certificate holder operating under part 121 or part 135 of this chapter, or an operator as defined in Sec. 135.1(c) of this chapter.

   (b) Refusal by the holder of a certificate issued under this part to take a drug test required under the provisions of appendix I to part 121 of this chapter or an alcohol test required under the provisions of appendix J to part 121 of this chapter, is grounds for--

   (1) Denial of an application for any certificate, rating, or inspection authorization 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, rating, or inspection authorization issued under this part.

   Sec. 66.31 Waivers: Policy and procedures.

   (a) If the Administrator finds that the holder can safely exercise the privileges of the certificate and rating, the Administrator may issue any certificate or associated rating, specified under the provisions of this part, that authorizes the holder to exercise the privileges and limitations of the certificate and rating in deviation from Secs. 66.51(b), 66.57, 66.201(b), and 66.203(b).

   (b) An application for a certificate and rating, issued under the provisions of paragraph (a) of this section, shall be made on a form and in a manner prescribed by the Administrator and must be submitted to FAA Headquarters, Flight Standards Service, Aircraft Maintenance Division (AFS'300), 800 Independence Avenue SW., Washington, DC 20591.

   (c) A certificate or any associated rating, issued under the provisions of paragraph (a) of this section, is effective as specified in the certificate and rating.

   Subpart B--Aviation Maintenance Technicians

   Sec. 66.51 Eligibility requirements: General.

   An applicant for an aviation maintenance technician certificate and any associated rating must--

   (a) Be at least 18 years of age;

   (b) 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. If the applicant is unable to meet any of these requirements because of medical reasons, the Administrator may place such limitations on that applicant's certificate as are necessary for the safe maintenance, preventive maintenance, or alteration of aircraft;

   (c) Comply with the knowledge, experience, and competency requirements prescribed for the rating sought;

   (d) Comply with any additional eligibility requirements specified for the rating sought; and

   (e) Pass all of the prescribed tests for the rating sought, within a period of 24 months.

   Sec. 66.53 Ratings.

   The following ratings are issued under this subpart:

   (a) Aircraft.

   (b) Aviation maintenance instructor.

   Sec. 66.55 Aircraft rating: Knowledge requirements.

   (a) Except as specified in Sec. 66.61(a), each applicant for an aviation maintenance technician certificate with an aircraft rating must, after meeting the applicable requirements of Sec. 66.57, pass the applicable knowledge tests covering the construction and maintenance of aircraft appropriate to the certificate and rating, the regulations in this subpart, and the relevant provisions of this chapter.

   (b) Except as specified in Sec. 66.61(a), each applicant must pass all applicable knowledge tests before applying for the oral and practical tests prescribed by Sec. 66.59. A report of the knowledge tests will be made available to the applicant.

   Sec. 66.57 Aircraft rating: Experience requirements.

   Each applicant for an aviation maintenance technician certificate with an aircraft rating must present--

   (a) An appropriate graduation certificate or a certificate of completion from a certificated aviation maintenance technician school; or

   (b) Documentary evidence, acceptable to the Administrator, of at least 5,000 hours of practical experience with the procedures, practices, materials, tools, machine tools, and equipment generally used in constructing, maintaining, or altering aircraft.

   Sec. 66.59 Aircraft rating: Competency requirements.

   Each applicant for an aviation maintenance technician certificate with an aircraft rating must demonstrate competency in performing tasks appropriate to the certificate sought by passing both an oral and a practical test. These tests will be based on the subjects covered by the knowledge tests for the certificate and rating.

   Sec. 66.61 Certificated aviation maintenance technician school students.

   (a) 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. 66.59, 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. 66.57 and before passing the knowledge tests prescribed by Sec. 66.55.

   (b) An applicant for an aviation maintenance technician certificate and rating under this part who has successfully completed all applicable knowledge tests is considered to meet

   [[Page 37203]]

   the knowledge, experience, and competency requirements prescribed for the rating sought if the applicant applies within 90 days after graduation from an aviation maintenance technician school, certificated under part 147 of this chapter, that is specifically authorized by the Administrator to test applicants on the competency requirements for the certificate and rating sought.

   Sec. 66.63 Aircraft rating: Privileges and limitations.

   (a) Except as specified in paragraph (d) of this section, a certificated aviation maintenance technician with an aircraft rating may perform the maintenance, preventive maintenance, or alteration to any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof, and any additional duties in accordance with Sec. 66.157.

   (b) Except as specified in paragraph (d) of this section, a certificated aviation maintenance technician with an aircraft rating may supervise the maintenance, preventive maintenance, or alteration of, or after inspection, approve for return to service, any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof provided the aviation maintenance technician, has--

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

   (2) Demonstrated the ability to perform the work to the satisfaction of the Administrator;

   (3) Received training acceptable to the Administrator on the tasks to be performed; or

   (4) Performed the work while working under the direct supervision of a certificated aviation maintenance technician, certificated aviation maintenance technician (transport), or a 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 tasks to be performed.

   (c) Except as specified in paragraph (d) of this section, a certificated aviation maintenance technician with an aircraft rating may perform the 100-hour inspection required by part 91 of this chapter on any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof, and approve that aircraft, airframe, aircraft engine, propeller, appliance, component, or part for return to service.

   (d) A certificated aviation maintenance technician with an aircraft rating may not--

   (1) Approve for return to service any aircraft certificated under part 25 or part 29 of this chapter except after the performance of--

   (i) Those tasks specified in paragraph (c) of appendix A to part 43 of this chapter; or

   (ii) Other tasks specified by the Administrator;

   (2) Perform or supervise (unless under the direct supervision and control of a repair station certificated under part 145 of this chapter or of an air carrier operating under part 121 or part 135 of this chapter)--

   (i) A major repair or major alteration of a propeller; or

   (ii) Any repair or alteration of instruments other than a horizontal-card liquid-filled compass;

   (3) Approve for return to service--

   (i) Any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof after completion of a major repair or major alteration; or

   (ii) Any instrument other than a horizontal-card liquid-filled compass after completion of any repair or alteration;

   (4) Exercise the privileges of the certificate unless the aviation maintenance technician understands the current instructions for continued airworthiness and the maintenance instructions for the specific operation concerned.

   Sec. 66.65 Aircraft rating: Recent experience requirements.

   (a) Except as provided in paragraphs (b) and (c) of this section, a certificated aviation maintenance technician with an aircraft rating may not exercise the privileges of the aircraft rating unless the aviation maintenance technician has--

   (1) For at least 6 months within the preceding 24 months--

   (i) Served as an aviation maintenance technician;

   (ii) Served under the supervision of a certificated aviation maintenance technician or aviation maintenance technician (transport);

   (iii) Technically supervised other aviation maintenance technicians;

   (iv) Provided aviation maintenance instruction or served as the direct supervisor of persons providing aviation maintenance instruction for an aviation maintenance technician course or program acceptable to the Administrator;

   (v) Supervised, in an executive capacity, the maintenance, preventive maintenance, or alteration of any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof; or

   (vi) Been engaged in any combination of paragraphs (a)(1)(i) through (a)(1)(v) of this section; and

   (2) Within the preceding 24 months--

   (i) Successfully completed an aviation maintenance technician refresher course, inspection authorization refresher course, or other course of instruction acceptable to the Administrator and appropriate to the duties of an aviation maintenance technician;

   (ii) Performed maintenance or preventive maintenance for a certificate holder having a maintenance and preventive maintenance training program as required under Sec. 121.375 or Sec. 135.433 of this chapter;

   (iii) Performed maintenance or preventive maintenance for a U.S.- certificated repair station that performs work in accordance with Sec. 145.2(a) of this chapter or conducts a maintenance and preventive maintenance training program; or

   (iv) Provided aviation maintenance instruction, or served as the direct supervisor of persons providing aviation maintenance instruction, for an aviation maintenance training course or program acceptable to the Administrator in which instruction is provided in the maintenance, preventive maintenance, or alteration of any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof.

   (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--

   (1) The aviation maintenance technician has successfully completed a requalification course acceptable to the Administrator; or

   (2) The Administrator has found the aviation maintenance technician competent to exercise the privileges of the certificate.

   (c) A certificated aviation maintenance technician who has met the requirements of paragraph (a)(1) of this section, but has not met the requirements specified in paragraph (a)(2) or (b) of this section may exercise the privileges of the certificate and rating, but not for compensation or hire.

   Sec. 66.67 Aviation maintenance instructor rating: Additional eligibility requirements.

   (a) An applicant for an aviation maintenance technician certificate with an aviation maintenance instructor rating must--

   (1) Hold a current and valid aviation maintenance technician certificate, with

   [[Page 37204]]

   an aircraft rating, that 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 in accordance with this chapter; and

   (3) Within 24 months of the date of application, pass a knowledge test on the subjects in which instruction is required under Sec. 66.69 or, at the time of application--

   (i) Hold a current and valid ground instructor or flight instructor certificate;

   (ii) Present an appropriate graduation certificate, a certificate of completion, or other documentary evidence acceptable to the Administrator, that demonstrates the award of a degree in education, vocational education, technical education, or occupational education from an accredited institution; or

   (iii) Hold a current and valid State teaching certificate, acceptable to the Administrator, that requires the holder to obtain proficiency in the subjects specified in Sec. 66.69.

   (b) Before [date 12 months after the effective date of the final rule], an applicant who can present evidence acceptable to the Administrator, that he or she has served as an aviation maintenance instructor, or as the supervisor of aviation maintenance instructors at an aviation maintenance school certificated under part 147 of this chapter, need not comply with the requirements of paragraph (a)(3) of this section.

   Sec. 66.69 Aviation maintenance instructor rating: Instructional knowledge and proficiency.

   An applicant for an aviation maintenance technician certificate with an aviation maintenance instructor rating must satisfactorily demonstrate instructional knowledge and proficiency in the following subjects:

   (a) The learning process.

   (b) Elements of effective teaching.

   (c) Student evaluation and testing.

   (d) Course development.

   (e) Lesson planning.

   (f) Classroom training techniques.

   Sec. 66.71 Aviation maintenance instructor rating: Privileges and limitations.

   A certificated aviation maintenance technician with an aviation maintenance instructor rating--

   (a) May serve as an aviation maintenance instructor under the provisions of Secs. 147.23 and 147.36 of this chapter; and

   (b) May only exercise the privileges of that rating when holding a current and valid aviation maintenance technician certificate with an aircraft rating.

   Sec. 66.73 Aviation maintenance instructor rating: Recent experience requirements.

   A certificated aviation maintenance technician with an aviation maintenance instructor rating may not exercise the privileges of that rating unless within the preceding 24 months the individual--

   (a) Has provided 300 hours of aviation maintenance instruction;

   (b) Has, for a period of 300 hours, supervised other aviation maintenance instructors;

   (c) Has successfully completed an aviation maintenance technician refresher course or other course of instruction acceptable to the Administrator and appropriate to the duties of an aviation maintenance instructor; or

   (d) The Administrator has determined that the aviation maintenance technician meets the standards prescribed in this part for the issuance of the aviation maintenance technician certificate with the aviation maintenance instructor rating.

   Subpart C--Aviation Maintenance Technicians (Transport)

   Sec. 66.101 Eligibility requirements: General.

   An applicant for an aviation maintenance technician (transport) certificate, must--

   (a) Hold a current and valid aviation maintenance technician certificate with an aircraft rating; and

   (b) Comply with any additional eligibility requirements specified for the rating sought.

   Sec. 66.103 Ratings.

   The following ratings are issued under this subpart:

   (a) Aircraft.

   (b) Aviation maintenance instructor.

   Sec. 66.105 Transition to new certificates and ratings.

   (a) A mechanic certificate with airframe and powerplant ratings that was issued before, and was valid on [date 12 months after the effective date of the final rule], is equal to an aviation maintenance technician (transport) certificate with an aircraft rating and may be exchanged for such a corresponding certificate and rating.

   (b) The holder of a current and valid mechanic certificate with an airframe rating may exercise the privileges specified in Sec. 66.109; however, the holder may not approve the powerplant or propeller of any aircraft certificated under this chapter and any related appliance, component, or part thereof, for return to service.

   (c) The holder of a current and valid mechanic certificate with a powerplant rating may exercise the privileges specified in Sec. 66.109; however, the holder may not approve the airframe of any aircraft certificated under this chapter and any related appliance, component, or part thereof, for return to service.

   Sec. 66.107 Aircraft rating: Additional eligibility requirements.

   An applicant for an aviation maintenance technician (transport) certificate with an aircraft rating must present an appropriate graduation certificate, a certificate of completion, or other documentary evidence acceptable to the Administrator, that demonstrates the satisfactory completion of--

   (a) An aviation maintenance technician (transport) training program, administered by an approved training provider, that meets the requirements of appendix A to this part;

   (b) An aviation maintenance technician (transport) training program approved under part 147 of this chapter that meets the requirements of paragraph (d) of appendix A to this part; or

   (c) A training program approved under part 121, subpart L, or part 135, subpart J, of this chapter that meets the requirements of paragraph (d) of appendix A to this part.

   Sec. 66.109 Aircraft rating: Privileges and limitations.

   (a) Except as specified in paragraph (d) of this section, a certificated aviation maintenance technician (transport) with an aircraft rating may perform maintenance, preventive maintenance, or alteration on any aircraft, airframe, aircraft engine, propeller, appliance, or component part thereof, and any additional duties in accordance with Sec. 66.157.

   (b) Except as specified in paragraph (d) of this section, a certificated aviation maintenance technician (transport) may supervise the maintenance, preventive maintenance, or alteration of, and after inspection approve for return to service, any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof, provided the aviation maintenance technician (transport) has--

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

   (2) Demonstrated the ability to perform the work to the satisfaction of the Administrator;

   (3) Received training acceptable to the Administrator on the tasks to be performed; or

   (4) Performed the work while working under the direct supervision of a certificated aviation maintenance

   [[Page 37205]]

   technician, certificated aviation maintenance technician (transport), 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 tasks to be performed.

   (c) Except as specified in paragraph (d) of this section, a certificated aviation maintenance technician (transport) may perform the 100-hour inspection required by part 91 of this chapter on any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof, and approve the aircraft, airframe, aircraft engine, propeller, appliance, component, or part for return to service.

   (d) A certificated aviation maintenance technician (transport) with an aircraft rating may not--

   (1) Perform or supervise (unless under the direct supervision and control of a repair station certificated under part 145 of this chapter or of an air carrier operating under part 121 or part 135 of this chapter)--

   (i) A major repair or major alteration of a propeller; or

   (ii) Any repair or alteration of instruments, other than a horizontal-card liquid-filled compass;

   (2) Approve for return to service--

   (i) Any aircraft, airframe, aircraft engine, propeller, appliance, component, or part thereof after completion of a major repair or major alteration; or

   (ii) Any instrument other than a horizontal-card liquid-filled compass after completion of any repair or alteration;

   (3) Exercise the privileges of the certificate unless the aviation maintenance technician (transport) understands the current instructions for continued airworthiness and the maintenance instructions for the specific operation concerned.

   Sec. 66.111 Aircraft rating: Recent experience requirements.

   (a) Except as provided in paragraphs (b) and (c) of this section, a certificated aviation maintenance technician (transport) with an aircraft rating may not exercise the privileges of the aircraft rating unless the aviation maintenance technician (transport) has--

   (1) For at least 6 months within the preceding 24 months--

   (i) Served as an aviation maintenance technician (transport) engaged in the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29 of this chapter, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof;

   (ii) Served under the supervision of a certificated aviation maintenance technician (transport) engaged in the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29 of this chapter, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof;

   (iii) Technically supervised other aviation maintenance technicians or aviation maintenance technicians (transport) engaged in the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29 of this chapter, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof;

   (iv) Provided aviation maintenance instruction or served as the direct supervisor of persons providing aviation maintenance instruction for an aviation maintenance training course or program acceptable to the Administrator, in which instruction is provided in the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29 of this chapter, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof;

   (v) Supervised, in an executive capacity, the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29 of this chapter, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof; or

   (vi) Been engaged in any combination of paragraphs (a)(1)(i) through (a)(1)(v) of this section; and

   (2) Within the preceding 24 months--

   (i) Successfully completed an aviation maintenance technician (transport) refresher course, inspection authorization refresher course, or course of instruction acceptable to the Administrator and appropriate to the duties of an aviation maintenance technician (transport);

   (ii) Performed maintenance or preventive maintenance for a certificate holder with a maintenance and preventive maintenance training program required under Sec. 121.375 or Sec. 135.433 of this chapter;

   (iii) Performed maintenance or preventive maintenance for a U.S.- certificated repair station that performs work in accordance with Sec. 145.2(a) of this chapter or conducts a maintenance and preventive maintenance training program; or

   (iv) Provided aviation maintenance instruction or served as the direct supervisor of persons providing aviation maintenance instruction for an aviation maintenance training course or program acceptable to the Administrator, in which instruction is provided in the maintenance, preventive maintenance, or alteration of aircraft, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof.

   (b) A certificated aviation maintenance technician (transport) 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--

   (1) The aviation maintenance technician (transport) has successfully completed a requalification course acceptable to the Administrator; or

   (2) The Administrator has found that the aviation maintenance technician (transport) is competent to exercise the privileges of the certificate.

   (c) A certificated aviation maintenance technician (transport) who has met the requirements of paragraph (a)(1) of this section, but has not met the requirements specified in paragraph (a)(2) or (b) of this section, may exercise the privileges of the certificate and rating, but not for compensation or hire.

   (d) The holder of an aviation maintenance technician (transport) certificate with an aircraft rating, who has not met the recent experience requirements of this section but has met the recent experience requirements of Sec. 66.65 for the holder of an aviation maintenance technician certificate with an aircraft rating, may exercise the privileges of an aviation maintenance technician certificate with an aircraft rating until the recent experience requirements of this section have been met.

   Sec. 66.113 Aviation maintenance instructor rating: Additional eligibility requirements.

   (a) An applicant for an aviation maintenance technician (transport) certificate with an aviation maintenance instructor rating must--

   (1) Hold a current and valid aviation maintenance technician (transport) certificate with an aircraft rating that 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 in accordance with this chapter; and

   (3) Within 24 months of the date of application, pass a knowledge test on the subjects in which instruction is required under Sec. 66.69 or, at the time of application--

   (i) Hold a current and valid ground instructor or flight instructor certificate; or

   [[Page 37206]]

   (ii) Present an appropriate graduation certificate, a certificate of completion, or other documentary evidence acceptable to the Administrator, that demonstrates the award of a degree in education, vocational education, technical education, or occupational education, from an accredited institution; or

   (iii) Hold a current and valid State teaching certificate, acceptable to the Administrator, that requires the holder to obtain proficiency in the subjects specified in Sec. 66.69.

   (b) A person who meets the requirements for the issuance of an aviation maintenance technician (transport) certificate with an aircraft rating and who holds a current and valid aviation maintenance technician certificate with aircraft and aviation maintenance instructor ratings need not comply with the requirements of paragraph (a) of this section and will be issued an aviation maintenance technician (transport) certificate with aircraft and aviation maintenance instructor ratings upon application.

   (c) Before [date 12 months after the effective date of the final rule], an applicant who can present evidence acceptable to the Administrator, that he or she has served as an aviation maintenance instructor or as the supervisor of aviation maintenance instructors at an aviation maintenance school certificated under part 147 of this chapter need not comply with the requirements of paragraph (a)(3) of this section.

   Sec. 66.115 Aviation maintenance instructor rating: Privileges and limitations.

   A certificated aviation maintenance technician (transport) with an aviation maintenance instructor rating--

   (a) May serve as an aviation maintenance instructor under the provisions of Secs. 147.23 and 147.36 of this chapter; and

   (b) May only exercise the privileges of that rating when holding a current and valid aviation maintenance technician (transport) certificate with an aircraft rating.

   Sec. 66.117 Aviation maintenance instructor rating: Recent experience requirements.

   (a) A certificated aviation maintenance technician (transport) with an aviation maintenance instructor rating may not exercise the privileges of that rating unless within the preceding 24 months the individual--

   (1) Has provided 300 hours of aviation maintenance instruction;

   (2) Has for a period of 300 hours supervised other aviation maintenance instructors;

   (3) Has successfully completed an aviation maintenance technician (transport) refresher course or other course of instruction acceptable to the Administrator and appropriate to the duties of an aviation maintenance instructor; or

   (4) The Administrator has determined that the aviation maintenance technician (transport) meets the standards prescribed in this part for the issuance of the aviation maintenance technician (transport) certificate with the aviation maintenance instructor rating.

   (b) The holder of an aviation maintenance technician (transport) certificate with an aviation maintenance instructor rating who has not met the recent experience requirements of this section but has met the recent experience requirements of Sec. 66.73 for the holder of an aviation maintenance technician certificate with an aviation maintenance instructor rating, may exercise the privileges of an aviation maintenance technician certificate with the aviation maintenance instructor rating until the recent experience requirements of this section have been met.

   Sec. 66.119 Aviation maintenance technician (transport) training providers.

   (a) Except as specified in paragraph (b) of this section, an applicant for approval as a provider of an aviation maintenance technician (transport) training program specified in Sec. 66.107(a) must--

   (1) Submit a written request for approval to the Administrator; and

   (2) Comply with the requirements of appendix A to this part.

   (b) An applicant for approval as a provider of an aviation maintenance technician (transport) training program that is a certificate holder operating under part 121 or part 135 of this chapter, an aviation maintenance technician school certificated under part 147 of this chapter, or a repair station that performs maintenance, preventive maintenance, or alterations under Sec. 145.2(a) of this chapter, must comply with paragraph (a)(1) of this section and submit evidence acceptable to the Administrator, that shows the training program meets the requirements of paragraph (d) of appendix A to this part.

   Subpart D--Inspection Authorizations

   Sec. 66.151 Eligibility requirements: General.

   (a) To be eligible for an inspection authorization, an applicant must--

   (1) Hold a current and valid aviation maintenance technician certificate or aviation maintenance technician (transport) certificate;

   (2) Have held a current and valid aviation maintenance technician certificate or aviation maintenance technician (transport) certificate for a total of at least 3 years;

   (3) Have been actively engaged, for at least the 2-year period before the date of application, in the maintenance of aircraft certificated and maintained in accordance with this chapter;

   (4) Have a fixed base of operations at which the applicant may be located in person or by telephone during a normal working week but which need not be the place where the applicant will exercise inspection authority;

   (5) Have available the equipment, facilities, and inspection data necessary to properly inspect airframes, aircraft engines, propellers, or any related component, part, or appliance;

   (6) Pass a knowledge test that demonstrates the certificate holder's ability to inspect according to safety standards for approving aircraft for return to service after major and minor repairs, major and minor alterations, annual inspections, and progressive inspections, which are performed under part 43 of this chapter; and

   (7) Successfully complete an inspection authorization refresher course acceptable to the Administrator, of not less than 8 hours of instruction during the 12-month period preceding the application.

   (b) An applicant intending to inspect and approve for return to service any aircraft certificated under part 25 or part 29 of this chapter, except those aircraft maintained in accordance with a continuous airworthiness maintenance program approved under part 121 of this chapter must--

   (1) Hold a current and valid aviation maintenance technician (transport) certificate; and

   (2) Have been actively engaged, for at least the 2-year period before the date of application, in the maintenance, preventive maintenance, or alteration of aircraft certificated under part 25 or part 29 of this chapter, or of any airframe, aircraft engine, propeller, appliance, component, or part thereof.

   (c) An applicant who fails the knowledge test prescribed in paragraph (a)(6) of this section may not apply for retesting until at least 90 days after the date of the test.

   Sec. 66.153 Duration of authorization.

   (a) Each inspection authorization expires on the last day of the 24th month after the date of issuance.

   (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 base of operation.

   [[Page 37207]]

   (3) The holder no longer has the equipment, facilities, or inspection data required by Sec. 66.151(a)(5) for issuance of the authorization.

   (4) The holder no longer holds a current and valid aviation maintenance technician certificate or aviation maintenance technician (transport) certificate, as appropriate.

   (c) The holder of an inspection authorization that is suspended or revoked shall, upon the Administrator's request, return it to the Administrator.

   Sec. 66.155 Renewal of authorization.

   (a) To be eligible for renewal of an inspection authorization for a 2-year period, an applicant must, within 90 days before the expiration of the inspection authorization, present evidence at an FAA Flight Standards District Office or an International Field Office that the applicant still meets the requirements of Sec. 66.151(a)(1) through (a)(5) and show that, during the current period that the applicant held the inspection authorization, the applicant has--

   (1) Performed at least one annual inspection for each 3 months that the applicant held the current authority;

   (2) Performed inspections of at least two major repairs or major alterations for each 3 months that the applicant held the current authority;

   (3) Performed or supervised and approved at least one progressive inspection in accordance with standards prescribed by the Administrator for each 12 months that the applicant held the current authority;

   (4) Performed any combination of paragraphs (a)(1) through (a)(3) of this section;

   (5) Successfully completed an inspection authorization refresher course or series of courses acceptable to the Administrator, of not less than 16 hours of instruction during the 24-month period preceding the application for renewal; or

   (6) Passed an oral test administered by an FAA inspector to determine that the applicant's knowledge of applicable regulations and standards is current.

   (b) An applicant intending to remove the limitation specified in Sec. 66.157(b) must present evidence that he or she still meets the requirements of Sec. 66.151(a) and (b) and that the inspections or maintenance required to be performed or supervised and approved under paragraph (a) of this section involved aircraft certificated under part 25 or part 29 of this chapter, or any airframe, aircraft engine, propeller, appliance, component, or part thereof.

   Sec. 66.157 Privileges and limitations.

   (a) Except as specified in paragraphs (b) and (c) of this section, the holder of an inspection authorization with either a current and valid aviation maintenance technician certificate or a current and valid aviation maintenance technician (transport) certificate may:

   (1) Inspect and approve for return to service any aircraft, airframe, aircraft engine, propeller appliance, component, or part thereof after completion of a major repair or major alteration performed in accordance with part 43 of this chapter and technical data approved by the Administrator.

   (2) Perform an annual inspection, or perform or supervise a progressive inspection, according to Secs. 43.13 and 43.15 of this chapter, on any aircraft and approve the aircraft for return to service.

   (b) The holder of an inspection authorization with a current and valid aviation maintenance technician certificate may not inspect and approve for return to service any aircraft certificated under part 25 or part 29 of this chapter.

   (c) The holder of an inspection authorization with either a current and valid aviation maintenance technician certificate or a current and valid aviation maintenance technician (transport) certificate may not inspect and approve for return to service any aircraft maintained in accordance with a continuous airworthiness maintenance program approved under part 121 of this chapter.

   (d) 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 or aviation maintenance technician (transport) who submit the aircraft, repair, or alteration for approval (if any), and shall present it at the request of the Administrator or an authorized representative of the National Transportation Safety Board, or at the request of any Federal, State, or local law enforcement officer.

   (e) 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, in writing, the FAA Flight Standards District Office, or International Field Office, for the area in which the new base is located, of the change.

   Subpart E--Aviation Repair Specialists

   Sec. 66.201 Aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS-I): Eligibility.

   An applicant for an aviation repair specialist certificate and rating issued on the basis of proficiency in a designated specialty area (ARS-I) must--

   (a) Be at least 18 years of age;

   (b) 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. If the applicant is unable to meet any of these requirements because of medical reasons, the Administrator may place such limitations on that applicant's certificate as are necessary for the safe maintenance, preventive maintenance, or alteration of aircraft; and

   (c) Present either--

   (1) An appropriate graduation certificate, a certificate of completion, or other documentary evidence acceptable to the Administrator, that demonstrates satisfactory completion of an aviation repair specialist training course or program for a rating in a specialty area designated by the Administrator; or

   (2) Before [date 12 months after the effective date of the final rule], evidence acceptable to the Administrator, of the ability to perform those tasks appropriate to the certificate and rating in the designated specialty area sought.

   Sec. 66.203 Aviation repair specialist certificates issued on the basis of employment (ARS-II): Eligibility.

   An applicant for an employment-based aviation repair specialist certificate (ARS-II) must--

   (a) Be at least 18 years of age;

   (b) 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. If the applicant is unable to meet any of these requirements because of medical reasons, the Administrator may place such limitations on that applicant's certificate as are necessary for the safe maintenance, preventive maintenance, or alteration of aircraft;

   (c) Be specially qualified to perform maintenance on aircraft, airframes, aircraft engines, propellers, appliances, components, or parts thereof, that is appropriate to the job in which that person is employed;

   (d) Be employed in a specific job that requires those special qualifications, by

   [[Page 37208]]

   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 certificate holder's manual;

   (e) Be recommended for certification, by his or her employer and to the satisfaction of the Administrator, as able to satisfactorily maintain aircraft or appliances, components, or parts, appropriate to the job for which the person is employed; and

   (f) Have either--

   (1) At least 3,000 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

   (2) Completed formal training that is acceptable to the Administrator and specifically designed to qualify the applicant for the job in which the applicant is to be employed.

   Sec. 66.205 Aviation repair specialist certificates issued to experimental aircraft builders (ARS-III): Eligibility.

   An applicant for an aviation repair specialist certificate issued to an experimental aircraft builder (ARS-III), must--

   (a) Be at least 18 years of age;

   (b) Be the primary builder of the aircraft to which the privileges of the certificate are applicable;

   (c) 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 operation; and

   (d) Be a citizen of the United States or an individual citizen of a foreign country who has been lawfully admitted for permanent residence in the United States.

   Sec. 66.207 Transition to new certificates.

   (a) A valid repairman certificate (other than a repairman certificate issued to an experimental aircraft builder) is equal to an aviation repair specialist certificate issued on the basis of employment (ARS'II).

   (b) A valid repairman certificate (experimental aircraft builder) is equal to an aviation repair specialist certificate issued to an experimental aircraft builder (ARS-III).

   Sec. 66.209 Aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS'I): Privileges and limitations.

   (a) The holder of an aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I) may perform or supervise the maintenance, preventive maintenance, or alteration of aircraft, airframes, aircraft engines, propellers, appliances, components, and parts appropriate to the designated specialty area for which the aviation repair specialist is certificated, but only in connection with employment by a certificate holder operating under part 121 or part 135 of this chapter or a repair station certificated under part 145 of this chapter.

   (b) The holder of an aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I) 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 instructions for continued airworthiness that relate to the specific operations concerned.

   Sec. 66.211 Aviation repair specialist certificates issued on the basis of employment (ARS-II): Privileges and limitations.

   (a) The holder of an aviation repair specialist certificate issued on the basis of employment (ARS-II) may perform or supervise the maintenance, preventive maintenance, or alteration of aircraft, airframes, aircraft engines, propellers, appliances, components, and parts thereof appropriate to the job in which the aviation repair specialist is employed and certificated, but only in connection with duties for the certificate holder by whom the aviation repair specialist was employed and recommended.

   (b) The holder of an aviation repair specialist certificate issued on the basis of employment (ARS-II) may not perform or supervise duties under the aviation repair specialist certificate unless the person understands the current instructions of the certificate holder by whom the aviation repair specialist is employed and the instructions for continued airworthiness that relate to the specific operations concerned.

   Sec. 66.213 Aviation repair specialist certificates issued to experimental aircraft builders (ARS-III): Privileges and limitations.

   The holder of an aviation repair specialist certificate issued to an experimental aircraft builder (ARS-III) may perform condition inspections on the aircraft constructed by the holder, in accordance with the operating limitations of that aircraft.

   Sec. 66.215 Aviation repair specialist certificates issued on the basis of proficiency in a designated specialty area (ARS-I): Recent experience requirements.

   The holder of an aviation repair specialist certificate issued on the basis of proficiency in a designated specialty area (ARS-I) may not exercise the privileges of the certificate unless the holder meets the current qualification and proficiency requirements for the issuance of the certificate and rating in the designated specialty area.

   Appendix A to Part 66--Aviation Maintenance Technician (Transport) Training Program Curriculum Requirements

   (a) Form of training program outline. An applicant for approval as a training provider must submit a training program outline to the Administrator. The training program outline may be submitted in paper, electronic, or any other form that is acceptable to the Administrator; however, it shall include a table of contents. The table of contents must specify those subject areas taught in the program and the number of curriculum hours allotted to each subject area.

   (b) Content of training program outline. The training program outline must contain all of subject area headings specified in this appendix; however, the headings are not required to be arranged in the outline exactly as listed in this appendix. Any arrangement of headings and subheadings will be satisfactory provided that the outline indicates that instruction will be provided in each subject area for at least the minimum number of hours specified in this appendix. Each general subject area of the outline shall be subdivided in detail, showing the items to be covered.

   (c) Additional subject areas. Any training provider may include additional subjects that are not specified in this appendix in the training program outline; however, the number of hours allotted to training in each subject area must be specified. Hourly requirements devoted to additional subject areas not specified in this appendix are not included in the determination of a program's compliance with the minimum training requirements specified in this appendix.

   (d) Minimum training program requirements. Unless approved by the Administrator in accordance with paragraph (h) of this appendix, the following subject areas and classroom hours for each subject area are considered the minimum training requirements for an aviation maintenance technician (transport) training program:

   Classroom Subject area

   hours

   Advanced electronics.........................................

   229 Composites...................................................

   62 Structural repair............................................

   86 Powerplants and systems......................................

   58 Safety and environment.......................................

   69 Publications.................................................

   69

   [[Page 37209]]

   Total Hours..............................................

   573

   (e) Facilities, equipment, and material. An applicant for authority to conduct a training program leading to the issuance of the aviation maintenance technician (transport) certificate must have the following facilities, equipment, and materials:

   (1) Facilities--Suitable classrooms, laboratories, and shop facilities, adequate to accommodate the largest number of students scheduled for attendance at any one time, must be provided. Such classrooms, laboratories, and shop facilities shall be properly heated, lighted, and ventilated.

   (2) Equipment and materials--Suitable devices for the instruction of each student in the theoretical and practical aspects of the subjects contained in the training program shall be provided. This material may include, but shall not be limited to, acceptable textbooks, operations manuals, chalkboards, calculators, computers, and visual aids.

   (f) Instructors. The number of instructors available for conducting the program of instruction shall be determined according to the needs and facilities of the applicant. However, the ratio of students per instructor in each shop class may not exceed 25 students per 1 instructor.

   (g) Credit for previous training. A training provider may evaluate an entrant's previous training and, where the training is verifiable and comparable to portions of the training program, the training provider may, as each individual case warrants, allow credit for such training, commensurate with accepted training practices. Before credit is allowed, the individual requesting credit must pass an examination given by the training provider, which is equivalent to those examinations given by the training provider for the same subject in the training program. Where credit is allowed, the basis for the allowance, the results of any tests used to establish the credit, and the total hours credited must be incorporated as a part of the student's records, as specified in paragraph (i) of this appendix.

   (h) Revision of training program. (1) After initial approval of a training provider, the training provider may apply to the Administrator for a revision to the training program. Requests for the revision of a training program, which include modifications to the facilities, equipment, and material used, or a reduction in the number of hours of instruction provided to fewer than the specified minimum requirements, shall be accomplished in the same manner established for securing original approval of the training provider. Revisions must be submitted in such form that the revision can be readily included in the training program outline so that obsolete portions of the outline can be readily superseded by the revision.

   (2) A modification of the training program, or a reduction in the number of hours of training provided to fewer than the specified minimum requirements, is based on improved training effectiveness because of the use of improved training methods and training aids, an increase in the quality of instruction, the use of special student entry requirements, the granting of credit for previous experience or training, or any combination thereof.

   (3) The list of instructors may be revised at any time without request for approval, provided the minimum requirements are maintained and the local FAA principal maintenance inspector is notified of the revision.

   (4) Whenever the Administrator finds that revisions are necessary for the continued adequacy of the training program, the training provider shall, after notification by the Administrator, make any changes in the training program, that the Administrator deems necessary.

   (i) Student records and reports. Approval of a training provider may not be continued unless the training provider keeps an accurate record of each student, including a chronological log of all instruction, subjects covered, examinations, grades, and attendance records (including a record of the manner in which missed material was covered). To retain approval, a training provider also must prepare and transmit to the Federal Aviation Administration, not later than January 31 of each year, a report containing the following information:

   (1) The names of all students graduated, student attendance records, and student grades for the program.

   (2) The names of all students failed or dropped, together with school grades and reasons for dropping.

   (3) Upon request, the Administrator may waive the reporting requirements specified in paragraphs (i)(1) and (2) of this appendix, for a training program that is part of an approved training course conducted under the following parts or subparts: part 121, subpart L; part 135, subpart J; or part 147 of this chapter.

   (j) Statement of graduation and records of training completion. Each student who successfully completes a training program shall be given a statement of graduation. Each student who completes a portion of a training program shall, upon request, be given a record of the training completed.

   (k) Contracts or agreements. (1) An approved training provider may contract with other persons to obtain suitable course work, curriculum, programs, instruction, aircraft, simulators, or other training devices or equipment.

   (2) An approved training provider may contract with another person to conduct any portion or all of a training program. The approved training provider may not authorize that person to contract for the conduct of the program by a third party.

   (3) In all cases, the approved training provider is responsible for the content and quality of the instruction provided.

   (4) A copy of each contract authorized under this paragraph shall be retained by the approved training provider and is subject to review by the Administrator during the period of the contract and within 2 years after the termination of its provisions.

   (l) Change of ownership, name, or location. (1) Change of ownership--Approval of a training provider may not be continued after the ownership of the training program has changed. The new owner must obtain a new approval by following the procedures prescribed for original approval.

   (2) Change in name--An approved training provider or program, changed in name but not changed in ownership, remains valid if the change is reported within 30 days by the training provider to the local Flight Standards District Office.

   (3) Change in location--Approval for a training provider remains in effect even though the approved training provider changes location if the change is reported by the training provider to the local Flight Standards District Office within 30 days. Approval may, however, be withdrawn if, after inspection, the facilities, equipment, and material at the new location do not meet the requirements of paragraph (e) of this appendix.

   (m) Cancellation of approval. (1) Failure to meet or maintain any of the standards set forth in this appendix for the approval of a training provider shall be considered a sufficient reason for discontinuing approval of the training provider.

   (2) If a training provider decides to cancel its approval voluntarily, the training provider shall send a letter requesting cancellation to the Administrator through the local Flight Standards District Office. The request shall contain the current letter of approval for the training provider.

   (n) Duration. Unless an approved training provider is a certificate holder operating under part 121 or part 135 of this chapter, an aviation maintenance technician school certificated under part 147 of this chapter, or a repair station that performs work under Sec. 145.2(a) of this chapter, the authority to operate a training program shall expire 24 months after the last day of the month in which the approval was issued. If the approved training provider is a certificate holder operating under part 121 or part 135 of this chapter, an aviation maintenance technician school certificated under part 147 of this chapter, or a repair station that performs work under Sec. 145.2(a) of this chapter, the authority to operate a training program will remain effective for the duration of the holder's certificate.

   (o) Renewal. Application for renewal of authority to conduct a training program shall be made by letter addressed to the Administrator through the local Flight Standards District Office at any time within 60 days before the expiration date of the current approval. Renewal of a training provider's approval will depend on the training program meeting established standards and the record of the training provider.

   PART 147--AVIATION MAINTENANCE TECHNICIAN SCHOOLS

10. The authority citation for part 147 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707-44709.

11. Section 147.23 is revised to read as follows:

    [[Page 37210]]

    Sec. 147.23 Instructor requirements.

    An applicant for an aviation maintenance technician school certificate and rating, or for an additional rating, must provide the number of instructors, determined by the Administrator to be sufficient to provide adequate supervision of the students, who hold appropriate aviation maintenance technician or aviation maintenance technician (transport) certificates with aviation maintenance instructor ratings; the instructors shall be provided after [date 12 months after the effective date of the final rule], and shall include at least 1 aviation maintenance technician with an aviation maintenance instructor rating or 1 aviation maintenance technician (transport) with an aviation maintenance instructor rating for each 25 students in each shop class. However, the applicant may provide specialized instructors who are not certificated aviation maintenance technicians or aviation maintenance technicians (transport) to teach mathematics, physics, basic electricity, basic hydraulics, drawing, or similar subjects. The applicant is required to maintain a list of the names and qualifications of specialized instructors and, upon request, provide a copy of the list to the FAA.

12. Section 147.36 is revised to read as follows:

    Sec. 147.36 Maintenance instructor requirements.

    Each certificated aviation maintenance technician school shall, after certification or addition of a rating, continue to provide the number of instructors that the Administrator deems sufficient to provide adequate instruction to the students and who hold appropriate aviation maintenance technician or aviation maintenance technician (transport) certificates with aviation maintenance instructor ratings, including after [date 12 months after the effective date of the final rule], at least 1 certificated aviation maintenance instructor for each 25 students in each shop class. The school may continue to provide specialized instructors who are not certificated aviation maintenance technicians or aviation maintenance technicians (transport) to teach mathematics, physics, basic electricity, basic hydraulics, drawing, or similar subjects.

    Issued in Washington, DC, on June 26, 1998. Ava L. Mims, Acting Director, Flight Standards Service.

    [FR Doc. 98-17589Filed7-8-98; 8:45 am]

    BILLING CODE 4910-13-P