[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Rules and Regulations]
[Pages 47058-47060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19741]
[[Page 47058]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 65
[Docket No. FAA-2010-1060]
Policy Clarifying Definition of ``Actively Engaged'' for Purposes
of Inspector Authorization
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of policy; disposition of comments.
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SUMMARY: This action clarifies the term ``actively engaged'' for the
purposes of application for and renewal of an inspection authorization.
It also responds to the comments submitted to the proposed policy and
revises portions of that proposal. This action amends the Flight
Standards Management System FAA Order 8900.1.
DATES: This policy becomes effective September 6, 2011.
FOR FURTHER INFORMATION CONTACT: Ed Hall, Aircraft Maintenance General
Aviation Branch, AFS-350, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone: (804) 222-
7494 ext. 240; e-mail: ed.hall@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 65.91(c) of Title 14 of the Code of Federal Regulations
sets forth the eligibility requirements for obtaining an inspection
authorization (IA). Among other requirements, an applicant must ``have
been actively engaged, for at least the two-year period before the date
he applies, in maintaining aircraft certificated and maintained in
accordance with [FAA regulations].'' Section 65.93(a) sets forth the
eligibility requirements for renewing an IA and incorporates the
requirements for obtaining one under Sec. 65.91(c)(1)-(4).
Accordingly, an individual must be actively engaged, for at least the
prior two-year period, in maintaining aircraft to be eligible to either
obtain or renew an IA.
The FAA provides guidance concerning the issuance of IAs in the
Flight Standards Information Management System (FSIMS), FAA Order
8900.1, Volume 5, Chapter 5, Sections 7 and 8. These sections assist
aviation safety inspectors (ASIs) in evaluating an initial application
for an IA or an application for renewing an IA as well as allow a
prospective applicant to determine his or her eligibility. IAs are
issued for two years and expire on March 31 of odd-numbered years.
March 31, 2013, is the next expiration date.
The definition of the term ``actively engaged'' has caused
confusion among ASIs and aircraft maintenance personnel. The term is
not defined in 14 CFR, and its definition in agency guidance materials
has varied over time. In November 2010, the FAA published a notice of
proposed policy clarifying the definition of ``actively engaged'' for
the purposes of an IA.\1\ The notice recognized the FAA's prior
inconsistent application of the term and the public's misunderstanding
of the regulatory requirements contained under Sec. 65.91(c)(2). The
notice proposed to amend FAA Order 8900.1 Volume 5 Chapter 5 to provide
a clearer definition of ``actively engaged'' within FAA policy. The FAA
reaffirmed longstanding policy that an applicant who is employed full-
time in inspecting, overhauling, repairing, preserving, or replacing
parts on aircraft consistently are considered actively engaged. For an
applicant participating in (regardless of employment status)
maintenance activities part time or occasionally, it proposed an ASI
would use documentation or other evidence provided by the applicant
detailing the maintenance activity to determine whether the type of
maintenance activity performed, considering any special expertise
required, and the quantity of maintenance activity demonstrated the
applicant was actively engaged. The notice also proposed a limited
carve-out, or relief, for ASIs holding an IA that are restricted in the
type of maintenance they can perform due to ethical considerations.
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\1\ 75 FR 68249 (Nov. 5, 2010).
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The comment period closed on January 17, 2011, following an
extension of the comment period.\2\ The FAA considered late-filed
comments through February 4, 2011. As of that date, more than 954
comments had been filed.
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\2\ See 75 FR 75649 (Dec. 6, 2010).
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Discussion of the Comments and Final Policy
The majority of individual commenters believed the FAA was engaging
in rulemaking rather than clarifying an existing rule, and these
commenters generally were opposed to the proposed clarification. Many
of these commenters expressed the belief the IA was a certificate or
license, rather than an FAA authorization. They contended the loss of
their IA would result in a loss of knowledge that could affect their
existing or future employment as well as lost knowledge to the industry
in general. Some commenters contended a shrinking population of IAs
would result in increased maintenance and inspection costs.
Incidentally, many of these commenters acknowledged they did not
perform or supervise any maintenance activities and previously renewed
their IA by attending training or through oral testing under Sec.
65.93(a)(4)-(5). Similarly, several commenters expressed the belief
that accomplishing any of the activities in Sec. 65.93(a)(1) through
(5) were sufficient for IA renewal.\3\
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\3\ Those activities are: (1) Performed at least one annual
inspection for each 90 days that the applicant held the current
authority; (2) performed at least two major repairs or major
alterations for each 90 days 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; (4) attended and successfully completed a
refresher course, acceptable to the Administrator, of not less than
8 hours of instruction; and (5) passed an oral test by an FAA
inspector to determine that the applicant's knowledge of applicable
regulations and standards is current. Sec. 65.93(a).
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The FAA believes these comments result from a common
misunderstanding of the IA renewal requirements under Sec. 65.93.
Section 65.93 sets forth five activities, at least one of which must be
completed in the first year and at least one of which must be completed
in the second year, to be eligible for renewal of an IA. However, Sec.
65.93(a) also states ``an applicant must present evidence * * * that
the applicant still meets the requirements of Sec. 65.91(c)(1) through
(4).'' Accordingly, IA applicants must hold a current mechanic's
certificate with both airframe and powerplant ratings that has been in
effect for at least 3 years and must have been actively engaged in
maintaining aircraft for 2 years prior to the application.
Additionally, IA applicants must identify a fixed base of operation at
which he or she may be located in person or by phone during normal
working hours. This may be a residence or place of employment. An IA
applicant also must have available the equipment, facilities, and
inspection data necessary to properly inspect airframes, powerplants,
propellers, or related parts or appliances. Technical data includes
type certificate data information, airworthiness directives, federal
regulations, and availability of manufacturers' service or maintenance
information specific to the inspections being performed. Equipment
required to properly inspect aircraft, powerplants, propellers, or
appliances includes but may not be limited to basic hand tools,
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compression testers, magneto timing lights or disk, and devices
applicable to determining control surface travels, cable tensions, or
blade angles as applicable during the performance of an inspection.
Facilities should be available to provide proper environmental
protection of the aircraft, powerplant, propeller, or appliance being
inspected. Consideration should be given to any adverse effects by
wind, rain, temperature, or other inhibiting elements on the product
being inspected.
The FAA disagrees with commenters' contention that the IA is a
certificate or rating. The FAA consistently has held the IA is an
authorization. The FAA also rejects the contention that employment
would be affected because employers reasonably expect the FAA to ensure
regulatory compliance and expect a person holding an IA has met all FAA
requirements to hold that authorization.
Many commenters were concerned ASIs would evaluate individuals
engaging in maintenance activities part time or occasionally in a
subjective or inconsistent manner. These commenters request further
clarification of part-time or occasional engagement to promote
consistency and standardization. A commenter suggests any clarification
specifically address individuals engaged in personal aircraft
maintenance, retired mechanics providing occasional or relief
maintenance, individuals providing maintenance in rural areas, and
individuals offering specialized expertise in electrical, composites,
and rare or vintage aircraft.
The FAA recognizes and values individuals with experience in wood
structures, steel tubing, fabric coverings, radial engines, ground
adjustable propellers, aging aircraft, and the fatigue inspection
issues associated with these aircraft. The FAA also values the
experience of individuals who are available on a part-time or
occasional basis to inspect vintage or rare aircraft or aircraft that
may be located in rural areas of the country not serviced by an
abundance of IAs. The FAA does not intend to eliminate eligibility or
renewal opportunities of these individuals. Accordingly, the FAA has
adopted a broad definition of ``actively engaged'' to include not only
part-time employment but also occasional activity, which does not
require employment and can occur on an infrequent basis. The FAA
believes it problematic to list every situation that could be
considered actively engaged, and that approach may exclude situations
that an ASI would determine meets the regulatory requirements.
Additionally, as indicated in the proposed policy, the FAA values the
substantive nature of experience rather than a strict quantity formula.
The FAA has concluded that requiring ASIs to evaluate evidence or
documentation provided by the applicant will facilitate a consistent
review because the ASI will have more than the applicant's self-
certification to make the determination. This documentation, when
required, could include records showing performance or supervision of
aircraft maintenance, return to service documents, and copies of
maintenance record entries. The FAA expects documentation will
establish an applicant's continued contributions to the aviation
industry and ability to demonstrate compliance with 65.91(c)(1)-(4).
Many commenters, including several associations, requested the
definition of actively engaged include supervision, either technical or
in an executive capacity, of maintenance or alteration of aircraft
because supervision meets the recency of experience requirements for an
airframe and powerplant (A & P) certificate. Some commenters also
requested actively engaged includes full-time instruction under part
147 and employment directly related to airworthiness (such as,
technical representative, maintenance sales, maintenance coordinator,
and maintenance auditor).
The FAA agrees that supervision of maintenance activities provides
the same sort of experience the actively engaged requirement was
intended to require. For that reason, the FAA will include technical
supervision and supervision in an executive capacity on either a full-
time, part-time, or occasional basis in the definition of actively
engaged. The FAA previously determined involvement solely in an
academic environment is not actively engaged. However, a technical
instructor or part 147 school instructor may maintain aircraft or
supervise the maintenance of aircraft in addition to instruction, in
which case the instructor could be considered actively engaged.
Individuals employed as a manufacturer's technical representative,
maintenance coordinator, or maintenance auditor also could be
considered actively engaged depending on the activity demonstrated.
Without a better understanding of duties involved, it is unclear
whether an individual involved in maintenance sales could demonstrate
inspecting, overhauling, repairing, preserving, or replacing parts on
an aircraft, or supervising those activities.
Several commenters contended the carve-out for ASIs renewing an IA
was inconsistent with the definition of actively engaged. One commenter
contended an ASI should be required to meet the hands-on experience
required of other applicants.
As stated in the proposed policy, FAA Order 8900.1 restricts the
types of maintenance that ASIs can perform because of ethical concerns,
and the FAA does not intend for ASIs to be prejudiced because of their
employment restrictions. The FAA does not intend to change its policy
regarding an ASI holding an IA by virtue of the ASI 1825 job
description and resulting ASI responsibilities. An ASI retains the
ability to maintain a personally-owned aircraft or aircraft owned by
another ASI in meeting the actively engaged definition. Additionally,
an ASI's job description requires continuous determinations of
conformity to aircraft, engine, and propeller type certificates;
adherence to manufacturers' maintenance requirements or inspection
requirements; compliance with Airworthiness Directives; and the actual
issue of recurrent and original airworthiness certificates. Further, an
ASI accomplishes or oversees export certificate issuance requirements,
oversees maintenance record entries for stated special airworthiness
certificate issuance, oversees determinations of major repair/
alteration requirements on FAA form 337, and oversees the determination
of appropriate maintenance record entries. These job functions parallel
the supervision in a technical or executive capacity and therefore
these activities could be considered when determining whether the ASI
has been actively engaged. After considering the comments, the FAA does
not adopt an ASI carve-out because it anticipates ASIs would be able to
demonstrate they are actively engaged under the policy as would any
applicant supervising maintenance in a technical or executive capacity.
Several commenters, including associations, expressed concern that
FAA Order 8900.1 lacked a specific appeal process for applicants denied
the initial or renewal IA because of an ASI's determination that the
applicant was not actively engaged.
Because the issuance or renewal of an IA is not a certificate
action, the FAA does not have a formal appeal process. However, an
action on an IA application could be addressed through the Aviation
Safety Consistency and Standardization Initiative (CSI), which requires
review of a questioned or disputed action at every level of the AVS
management chain.
One commenter contended there should be no actively engaged
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requirement for an initial or renewal IA. Another commenter suggested
the period of active engagement should be extended from two to four
years.
These comments are beyond the scope of the policy clarification
because they would require rulemaking. Nevertheless, the FAA views the
actively engaged requirement as providing maintenance experience
relevant to conducting inspections. Similarly, the two-year period
provides the recency of experience in maintenance performance or
supervision necessary to conduct inspections.
The FAA has determined to make this policy effective for the next
renewal cycle in March 2013 to allow IAs and ASIs adequate time to
participate in the required activity. The FAA will update FAA Order
8900.1 accordingly.
Amendment
In consideration of the foregoing, the Federal Aviation
Administration will revise FAA Order 8900.1, Volume 5, Chapter 5 as
follows:
1. Amend Section 7, Paragraph 5-1279 by adding a Note after
subparagraph A to read: 5-1279 ELIGIBILITY. The ASI must establish the
applicant's eligibility before allowing the applicant to test. None of
the requirements of Title 14 of the Code of Federal Regulations (14
CFR) part 65, Sec. 65.91 can be waived by the ASI.
A. The applicant must hold a current mechanic's certificate, with
both airframe and powerplant ratings, that has been in effect for at
least 3 years. The applicant must have been actively engaged in
maintaining certificated aircraft for at least the 2-year period before
applying.
Note: Actively engaged means an active role in exercising the
privileges of an airframe and powerplant mechanic certificate in the
maintenance of civil aircraft. Applicants who inspect, overhaul,
repair, preserve, or replace parts on aircraft, or who supervise
(i.e., direct and inspect) those activities, are actively engaged.
The ASI may use evidence or documentation provided by the applicant
showing inspection, overhauling, repairing, preserving, or replacing
parts on aircraft or supervision of those activities. This evidence
or documentation when required could include employment records
showing performance or supervision of aircraft maintenance, return
to service documents and or copies of maintenance record entries.
Technical instructors or individuals instructing in a FAA part
147 approved AMT school, who also engage in the maintenance of
aircraft certificated and maintained in accordance with 14 CFR, can
be considered actively engaged. Individuals instructing in a FAA
part 147 AMT school, who also engage in the maintenance of aircraft-
related instruction equipment maintained in accordance with 14 CFR
standards, can be considered actively engaged.
B. There must be a fixed base of operation at which the applicant
can be located in person or by telephone. This base need not be the
place where the applicant will exercise the inspection authority.
C. The applicant must have available the equipment, facilities, and
inspection data necessary to conduct proper inspection of airframes,
powerplants, propellers, or any related part or appliance. This data
must be current.
D. The applicant must pass the IA knowledge test, testing the
ability to inspect according to safety standards for approval for
return to service of an aircraft, related part, or appliance after
major repairs or major alterations, and annual or progressive
inspections performed under part 43. There is no practical test
required for an IA.
Note: The ASI should see paragraph 5-1285 for instructions on
determining an applicant's eligibility.
2. Amend Section 8, Paragraph 5-1309 by adding a Note after
subparagraph (A)(1) to read:
5-1309 RENEWAL OF INSPECTION AUTHORIZATION.
A. Application Requirements. Application for renewal may be
required to comply with the following:
(1) Show evidence the applicant still meets the requirements of
Sec. 65.91(c)(1) through (4).
Note: Refer to Paragraph 5-1279(A)-(C) of this document for
information on meeting Sec. 65.91(c)(1) through (4) requirements.
Refresher training attendance alone does not satisfy those
requirements.
(2) Complete Federal Aviation Administration (FAA) Form 8610-1,
Mechanic's Application for Inspection Authorization, in duplicate.
(3) Show evidence the applicant meets the requirements of Sec.
65.93(a) for both the first and second year in the form of an activity
sheet or log, training certificates, and/or oral test results, as
applicable.
Issued in Washington, DC, on July 28, 2011.
John S. Duncan,
Acting Director, Flight Standards Service.
[FR Doc. 2011-19741 Filed 8-3-11; 8:45 am]
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