[Federal Register Volume 91, Number 125 (Wednesday, July 1, 2026)]
[Proposed Rules]
[Pages 39906-39931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13282]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 43, 61, 65, 91, and 147
[Docket No.: FAA-2026-6671; Notice Nos. 26-08]
RIN 2120-AM04
Mechanic Certification: Inspection Rating and Recent Experience
Requirements
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FAA proposes to amend the regulations for certificated
mechanics by replacing the inspection authorization with an inspection
rating on a mechanic's certificate, similar to the existing airframe
and powerplant ratings. The inspection rating would carry the same
privileges and limitations as the inspection authorization but would
not require renewal or have an expiration date, consistent with the
other mechanic ratings. As a result, FAA proposes to require
certificated mechanics with inspection ratings to complete rolling
recent experience activities, maintained independently, to exercise the
privileges of their rating, rather than the current requirements of
presenting evidence of renewal activities each March of every odd-
numbered year. These proposed changes are intended to align mechanic
privileges, which would streamline and simplify the process for
maintaining inspection privileges, increase FAA efficiency by reducing
on-demand work tasks, and save critical hours for safety-focused
missions. These proposed changes would be deregulatory since they would
reduce the paperwork and resource burdens linked to complying with the
existing regulations for both industry and FAA.
DATES: Send comments on or before August 31, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-6671
using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations; U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, 5th
Floor (W58-213), Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building 5th Floor at 1200 New
Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to inform its rulemaking process better. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building 5th Floor at 1200 New Jersey Avenue SE, Washington,
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Colby Barron, AFS-320, Aircraft
Maintenance Division, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20951; telephone (509) 398-1995; email
[email protected].
SUPPLEMENTARY INFORMATION:
List of Abbreviations and Acronyms Frequently Used in This Document
Airframe and Powerplant (A&P)
Advisory Circular (AC)
Airmen Certification Standards (ACS)
Aviation Safety Inspector (ASI)
Flight Standards District Office (FSDO)
Inspection Authorization (IA)
International Field Office (IFO)
Inspection Rating (IR)
National Airspace System (NAS)
Table of Contents
I. Executive Summary
A. Overview of Proposed Rule
B. Summary of the Costs and Benefits
II. Authority for This Rulemaking
III. Background
A. History
B. Need for the Rulemaking Action
C. Related Regulatory Actions
IV. Discussion of the Proposal
A. Inspection Authorization to Inspection Rating
1. Ratings and Display (Sec. Sec. 65.73, 65.89, and 65.95)
i. Addition of Inspection Rating
ii. Certificate Display
iii. Appeal Rights
2. Eligibility Requirements: General (Sec. Sec. 65.71 and
65.91)
3. Knowledge Requirements (Sec. Sec. 65.75, 65.19, and 65.91)
4. Airmen Certification Standards and Incorporation by Reference
(Sec. 65.23)
[[Page 39907]]
5. Experience Requirements and Skills Requirements (Sec. Sec.
65.77 and 65.79)
6. Privileges and Limitations (Sec. Sec. 65.81, 65.88, 65.92,
and 65.95)
7. Recent Experience Requirements (Sec. Sec. 65.83 and 65.93)
i. Recent Experience Activities
ii. Exceptions to Recent Experience Requirements
iii. Reinstatement of Privileges After Recent Experience Lapse
iv. Record Keeping Requirement
v. Removed Requirements From Sec. 65.93
vi. Advisory Circular, FAA Form 8610-1, and FAA Form 8610-6
B. Proposed Changes to Affected Sections
C. Miscellaneous and Conforming Amendments (Sec. Sec. 43.7,
61.40, 65.11, 91.409, and 147.5)
1. Conforming Amendment to Part 43 (Sec. 43.7).
2. Relief for U.S. Military and Civilian Personnel Who Are
Assigned Outside the United States in Support of U.S. Armed Forces
Operations. (Sec. 61.40)
3. Application and Issue (Sec. 65.11)
4. Inspections (Sec. 91.409)
5. Application Requirements (Sec. 147.5)
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. E.O. Determinations
A. E.O. 13132, Federalism
B. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
C. E.O. 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
D. E.O. 13609, Promoting International Regulatory Cooperation
E. E.O. 14192, Unleashing Prosperity Through Deregulation
VII. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
D. Small Business Regulatory Enforcement Fairness Act
I. Executive Summary
A. Overview of Proposed Rule
This proposed rule would amend 14 CFR part 65 by changing a
mechanic inspection authorization (IA) into an inspection rating (IR).
Currently, FAA certificated mechanics who hold airframe and powerplant
(A&P) ratings and meet certain additional eligibility requirements may
seek an IA, which provides additional privileges as set forth in Sec.
65.95. The IA eligibility and renewal requirements would be largely
retained and incorporated into the new IR requirements with some
revision. Section IV.B of the preamble provides a table outlining the
relocated provisions for ease of reference. The privileges and
limitations of the new IR would align with those of the current IA. As
explained in section III.B. of the preamble, this proposal intends to
reduce both individual and administrative costs and harmonize the IA
with the other ratings available on a mechanic certificate and would
not make any substantive changes to a current IA's job duties or
responsibilities.
FAA proposes to replace the IA with a new IR. Currently, an IA
expires and requires renewal in March of each odd-numbered year,
requiring IA holders to submit a renewal package to the responsible
Flight Standards District Office (FSDO) or International Field Office
(IFO) for review. The renewal package consists of a completed FAA Form
8610-1, Mechanic's Application for Inspection Authorization,
documentary evidence to support that the applicant still meets the
initial eligibility requirements of Sec. 65.91(c)(1) through (4), and
evidence to show that the applicant completed one of the activities
listed in Sec. 65.93(a)(1) through (5) for each of the years of the
two-year inspection authorization period. An Aviation Safety Inspector
(ASI) or Aviation Safety Technician (AST) reviews the package and if
approved, will issue a renewal letter to the IA holder indicating the
new expiration date. This renewal process creates an unnecessary
repetitive administrative burden and cost to FAA and mechanics, as
discussed in section III.B of the preamble. This proposal would
eliminate the expiration date, as the IR would be treated like the A&P
ratings, which do not expire.
Instead of the onerous renewal process, this rule proposes to
convert the annual activity requirements to renew an IA (currently set
forth in Sec. 65.93 (a)(1) through (5)) into recent experience
requirements. All five of the activity options to renew an IA would be
retained as activity options to meet recent experience requirements; no
new options would be added. Therefore, to exercise the privileges of
the IR, FAA proposes to require a person to meet the recent experience
activity within the previous 12 calendar months. Maintaining the same
eligibility requirements from the IA to the IR and converting the IA
renewal requirements into IR recent experience requirements would
ensure there is no increased risk to the National Airspace System
(NAS).\1\ In place of the renewal process and in light of the proposed
conversion from renewal requirements to recent experience requirements,
FAA proposes that inspection-rated mechanics keep records demonstrating
recent experience for the previous 24 calendar months. To note,
mechanics with IAs already maintain these records to present evidence
at the time of IA renewal; under this proposal, they would no longer
have to complete renewal paperwork every two years but still would be
required to maintain their records independently for the previous 24
calendar months.
Currently, when a certificated mechanic with an IA does not meet
the renewal requirements, there is no process to reinstate their IA
privileges. Once an IA expires, a mechanic must reapply for a new IA,
which includes resubmitting the application and supporting
documentation and retaking the written examination. FAA proposes to add
methods for certificated mechanics with an inspection rating to
reestablish inspection privileges if they fail to meet the recent
experience requirements within the previous 12 calendar months and can
no longer exercise the privileges of the IR. Certificated mechanics
with an IR could reestablish inspection privileges by either attending
eight hours of acceptable training or successfully passing an oral test
given by an ASI, provided they continue to meet eligibility
requirements.
Finally, FAA proposes to convert the existing IA testing standards
into formalized Airman Certification Standards (ACS) for the mechanic
certificate IR, aligning with the training and testing framework for a
mechanic certificate with an airframe rating, a powerplant rating, or
both. FAA proposes to incorporate these standards by reference, as
explained in section IV.A.4 of the preamble.
B. Summary of the Costs and Benefits
Mechanics who hold an IA (to be replaced with an IR) would realize
a net savings of $1.01 million over 10 years, discounted, and FAA would
realize a net savings of $4.44 million over 10 years, discounted. These
savings would result from reduced paperwork costs for mechanics with an
IA replaced by an IR who would no longer need to fill out renewal forms
and reduced time to FAA that would no longer need to process the
renewals. The net savings include a minimal one-time cost of
approximately $0.22 million, discounted. This one-time cost covers the
cost to the mechanics to submit a simple online form requesting a
replacement mechanic certificate with an IR and to FAA for processing
and sending out the replacement mechanic certificate with an IR.
There are other revisions in the proposed rule that would not have
an impact on the existing industry
[[Page 39908]]
practices and would not result in any costs or benefits. Adjustments to
knowledge requirements of this proposed rule would not impact the
baseline as the written test is already required under the IA. These
revisions reorganize the regulatory text to explain the tests required.
In addition, the addition of IR specific privileges and limitations
language would not affect the existing industry practices.
II. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in title
49 of the United States Code. Subtitle I, section 106 describes the
authority of FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of FAA's authority.
This rulemaking is issued under the authority described in subtitle
VII, part A, subpart III, 44701(a)(2)(A) and (a)(5), General
Requirements. Under that section, FAA is charged with prescribing
regulations to promote safe flight of civil aircraft in air commerce by
prescribing regulations and setting minimum standards in the interest
of safety for inspecting, servicing, and overhauling aircraft, aircraft
engines, propellers, and appliances, and for other practices, methods,
and procedures necessary for safety in air commerce and national
security. It is also issued under subtitle VII, part A, subpart III,
section 44703, Airmen Certificates, which requires the Administrator to
prescribe regulations for the issuance of airman certificates when the
Administrator finds, after investigation, that an individual is
qualified for and physically able to perform the duties related to the
position authorized by the certificate. This regulation is within the
scope of that authority.
III. Background
Part 65, subpart D sets forth the requirements for a mechanic
certificate and associated ratings (i.e., A&P). While not a rating
under Sec. 65.73, certificated mechanics may be eligible to receive an
IA, which grants privileges beyond those associated with the mechanic
certificate and its A&P ratings. A certificated mechanic with an
airframe rating may approve for return to service an airframe, or any
related part, after the mechanic has performed, supervised, or
inspected its maintenance or alteration (excluding major repairs and
major alterations) with the exception of Sec. 65.85(b).\2\ In
addition, an airframe rated mechanic may perform the 100-hour
inspection on an airframe or any related part or appliance as required
by part 91 and approve it for return to service. Similarly, a
certificated mechanic with a powerplant rating may approve for return
to service a powerplant, or propeller, or any related part after the
mechanic has performed, supervised, or inspected its maintenance or
alteration (excluding major repairs and major alterations) with the
exception of Sec. 65.87(b).\3\ Also, a powerplant rated mechanic may
perform the 100-hour inspection on a powerplant or propeller, or any
part thereof, as required by part 91 and approve it for return to
service. A certificated mechanic with an airframe rating, powerplant
rating, or both may exercise the privilege of their rating immediately
after being issued a mechanic certificate under part 65 for the rating
sought. However, an A&P mechanic must adhere to additional requirements
to be eligible to apply for an IA.
The requirements for the IA are more rigorous than those of the
ratings currently issued with a mechanic certificate because the
privileges of the IA are associated with a higher risk to safety to the
flying public. IA holders have the ultimate responsibility of ensuring
that major repairs and major alterations have been performed properly
and safely. Unlike mechanics with only A&P ratings, IA holders are able
to approve aircraft or parts for return to service after major repairs
and major alterations.\4\ While A&P rated mechanics are able to perform
major repairs and major alterations, an IA holder is required to
inspect their work to ensure it was performed to an acceptable level
and approve the aircraft or part for return to service. In addition, IA
holders may perform the aircraft annual inspection required by 14 CFR
91.409(a)(1), which mechanics with only A&P ratings may not perform.
This annual inspection is a thorough examination of all aircraft
systems and components to ensure the aircraft remains airworthy and
meets all safety standards.
Currently, Sec. 65.91(c) prescribes the IA applicant eligibility
requirements. To be eligible for an IA, a certificated mechanic must
currently have effective A&P ratings, in effect for at least three
years, and have been actively engaged in exercising their certificate
for at least the two-year period immediately preceding the application
for authorization. In addition, an IA applicant must have a fixed base
of operations where they can be located during a normal work week, with
the equipment, facilities, and inspection data available to inspect
airframes, powerplants, propellers, or any related appliance properly.
If a mechanic meets the eligibility requirements described above, they
must then pass a written test to obtain the IA.\5\
To exercise the privileges of the IA, the IA holder's mechanic
certificate (and both A&P ratings) must be currently effective. In
addition, an IA itself expires on March 31 of each odd-numbered year;
therefore, IA holders must renew their IA, specifically, in March of
each odd-numbered year.\6\ To renew an IA, an IA holder must provide
evidence of completion of one of the annual activities listed in Sec.
65.93(a) for each year of the IA period. If an IA holder fails to renew
their IA before the March 31 expiration date, there is no process to
reinstate the expired IA; the IA holder must re-apply and meet the
requirements of original issuance. Section IV.A.7. of this preamble
further discusses the renewal methods, process, limitations, and
resulting administrative burden to both industry and FAA that this
rulemaking seeks to address.
FAA's process for issuing and renewing IAs in this manner has
remained largely unchanged since the early 1960s. The preamble provides
the relevant regulatory history of IAs in section III.A. and briefly
discusses a related recent rulemaking that removed expiration dates
from airman certificates, similar to this proposal, in section III.C.
A. History
The Civil Aeronautics Board originally codified the A&P ratings in
Sec. 24.43 of the Civil Air Regulations, which permitted a mechanic
with both A&P ratings to have an IA.\7\ These regulations prescribed
the eligibility and privileges for an IA, marking the formal beginning
of the IA process. Over time, as the aviation industry and regulatory
environment evolved, FAA issued further amendments and clarifications
to the IA renewal process, including recodification to part 65 in
1962,\8\ but largely maintained the IA eligibility and renewal
framework. For example, a 1977 final rule clarified in Sec.
65.91(c)(1) that an applicant for an IA must hold a currently effective
mechanic certificate with currently effective A&P ratings that have
been continuously effective for no less than three-years.\9\
In addition, the 1977 final rule, in part, withdrew a proposed
record keeping requirement that would have required IA holders to
maintain current records of all inspections they performed.\10\
Proposed Sec. 65.94 would have required IA holders to keep a record of
every aircraft that they have inspected for a period of two years,
including the registration number, name, and address of the registered
owner, make and model of the aircraft,
[[Page 39909]]
the kind of inspection performed, the date, and if the aircraft was
returned to service.\11\ FAA acknowledged that most IA holders already
maintain personal records of work completed to satisfy the annual
renewal requirements. While the majority of the commenters favored the
proposal, some contended that the proposed regulation would create an
undue economic burden for IA holders and the records kept would not be
beneficial.\12\ Therefore, FAA decided to further evaluate the impact
and withdrew the proposal.
FAA revisited the issuance and renewal of IAs in a 1985 final rule
due to unintended effects upon an FAA enforcement short-term
suspension, effectively rendering a person's IA revoked for three years
upon short-term suspension of the underlying certificate, rating, or
both for a minor offense.\13\ The 1985 final rule revised Sec.
65.91(c)(1) to remove the continuous effectivity requirement with a
requirement that the certificate and ratings each must be currently
effective and have been in effect for a total of at least three years.
FAA reasoned these revisions to Sec. 65.91(c)(1) would provide a more
equitable renewal process and a more flexible and fair enforcement
program while maintaining satisfactory certification standards.
For almost three decades, IA regulations remained unchanged.
However, in 2007 as an outgrowth of discussions between FAA and
industry representatives, including the Professional Aviation
Maintenance Association, FAA published a direct final rule amending the
renewal period for IAs from March 31 of each year to March 31 of every
odd-numbered year.\14\ Much like this proposal, the overall goal of the
2007 direct final rule was to reduce the administrative costs and
burdens associated with the IA renewal process without affecting safety
because changing the renewal duration from each year to every odd-
numbered year did not change the requirement to complete annual
currency activities listed in Sec. 65.93(a)(1)-(5).
In 2010, FAA sought to clarify the term ``actively engaged,'' as
used in Sec. 65.91(c)(2), for the purposes of processing IA
applications and renewals.\15\ FAA proposed to define ``actively
engaged'' as exercising the privileges of A&P ratings on a mechanic
certificate in the maintenance of civil aircraft. The 2010 notice
sought to remedy confusion and inconsistent interpretation over the
meaning of ``actively engaged'' among Aviation Safety Inspectors (ASIs)
and aircraft maintenance personnel by providing a definition in FAA
Order 8900.1. In addition, both the notice and the eventual adoption of
policy responding to comments provided a number of examples and
guidance, including consideration of the difference between full time,
part time, and occasional engagement.\16\
B. Need for the Rulemaking Action
As stated in the aforementioned history, FAA has not engaged in a
substantive regulatory review of IA holders in almost three decades.
Since that time, FAA and industry have enjoyed advances in technology
and processes, which FAA finds to be conducive in streamlining
procedural regulations for IA holders at this time. This section of the
preamble first discusses the identified need for the proposals to the
IA and proposed conversion to an IR.
When an initial IA application is approved under Sec. 65.91, FAA
distributes an IA card (FAA Form 8310-5), which includes the mechanic's
name, certificate number, and the IA expiration date. As discussed
further in this section, currently, an IA expires every March 31 of
each odd-numbered year; this expiration and renewal process incurs
substantial costs to both FAA and individual mechanics. IA holders must
renew their IAs in March of each odd-numbered year either via the
online Integrated Airman Certification and Rating Application (IACRA)
or directly with a FSDO or an IFO. To renew an IA, an IA holder must
fill out a Mechanic's Application for Inspection Authorization, FAA
Form 8610-1, and provide evidence of completion of one of the annual
activities listed in Sec. 65.93(a) for each year of the prior 2-year
period that they continue to meet the initial eligibility requirements
of Sec. 65.91(c)(1) through (4). The FSDO or IFO personnel must review
the application, verify the IA holder has completed the renewal
activities, and issue a renewal letter with the new expiration date.
Currently, no process exists for reinstatement of an expired IA. If an
IA holder fails to renew their authorization prior to the expiration
date, the IA is discontinued, and the IA holder must reapply for the IA
and meet all the same requirements for original issuance.
In June 2022, FAA conducted research on innovative ways of
accomplishing on-demand work to free up resources for more safety
critical work. The research identified the IA renewal process as a task
that could be eliminated to reduce unnecessary, repetitive on-demand
work for both industry and FAA with no adverse impact on safety. On-
demand work describes time-sensitive tasks an employee can expect to
encounter, of which the quantity and scope cannot be prepared for in
advance. Applications for IA renewals align with this definition. Upon
receipt of a physical or digital IA renewal application, FAA personnel
investigate and process the application in a timely manner. However,
FAA personnel cannot anticipate the time needed to process an IA
issuance or renewal application due to potential errors or the need for
a more in-depth investigation. Though FAA currently conducts IA
renewals in March of each odd-numbered year, FAA personnel cannot
anticipate the workload because IA holders can submit renewal
applications to any FSDO or IFO, regardless of their geographic
location.
FAA estimates that approximately 21,500 renewal applications would
be processed in every odd-numbered year at a total cost of
approximately $5.66 million over the next 10 years at a seven percent
present value.\17\ In the 2023 renewal cycle, FAA processed 21,042 IA
renewal applications.\18\ The IA renewal process is burdensome and
costly to both FAA and mechanics, who must complete renewal paperwork
every two years.
Therefore, FAA has determined that other procedural avenues exist
to ensure IA holders' continuing proficiency and experience (as
subsequently explained) while reducing the burden on government and
industry resources. Upon further analysis of the IA regulations during
the pendency of pre-rulemaking activity, FAA has also determined that
replacing the IA with the IR would align the inspection privileges with
those of the airframe rating, powerplant rating, or both, on a mechanic
certificate, enabling streamlined regulations and expectations in part
65, subpart D--Mechanics. These proposed changes would be deregulatory
since they would reduce the economic and resource burdens linked to
complying with the existing regulations for both industry and FAA.
C. Related Regulatory Actions
This rulemaking is not unprecedented as FAA has recently taken
similar actions to remove administrative burdens and convert renewal
requirements into a rolling recent experience requirement framework. On
October 1, 2024, FAA published the Removal of Expiration Date on a
Flight Instructor Certificate: Additional Qualification Requirements to
Train Initial Flight Instructor Applicants; and Other Provisions final
rule.\19\ This rule
[[Page 39910]]
removed the expiration date on flight instructor certificates to align
with other airman certificate ratings, converted renewal requirements
to recent experience requirements, provided an additional recent
experience activity option, and added a refresher course option to
reinstate the privileges of a flight instructor certificate upon
certain lapses in recent experience.
IV. Discussion of the Proposal
A. Inspection Authorization to Inspection Rating
1. Ratings and Display (Sec. Sec. 65.73, 65.89, and 65.95)
i. Addition of Inspection Rating
Subpart D of part 65 contains the eligibility and certification
requirements for persons seeking a mechanic certificate or rating.
Specifically, Sec. 65.71 sets forth the basic eligibility requirements
for a person seeking a mechanic certificate with ratings as defined in
Sec. 65.73: an airframe rating, a powerplant rating, or both. To
obtain each rating, a person must complete knowledge, experience, and
skill requirements as set forth in Sec. Sec. 65.75, 65.77, and 65.79,
respectfully, and will then be authorized to carry out the privileges
and limitations set forth in Sec. Sec. 65.81 (general), 65.85
(airframe), and 65.87 (powerplant), respectfully. A certificate/rating
holder must also meet those recent experience requirements set forth in
Sec. 65.83.
After a person receives a mechanic certificate with both A&P
ratings, each of which is currently effective and has been in effect
for a total of at least three years,\20\ that person may pursue an IA.
An IA allows a person to (1) inspect and approve for return to service
any aircraft or related part or appliance (except any aircraft
maintained in accordance with a continuous airworthiness program under
part 121) after a major repair or major alteration to it in accordance
with part 43, if the work was done in accordance with technical data
approved by the Administrator, and (2) perform an annual, or perform or
supervise a progressive inspection according to Sec. Sec. 43.13 and
43.15.\21\
However, an IA is not a rating. While Sec. 1.1 defines a rating as
a part of a certificate that sets forth special conditions, privileges,
and limitations, currently, under Sec. 65.73, there are only two
defined ratings issued with the mechanic certificate: airframe and
powerplant. Conversely, the IA is not recognized as a rating
(specifically called an ``authorization'') and maintains separate
requirements provided in Sec. Sec. 65.91 through 65.95. However, FAA
finds that the bestowed privileges and limitations, regulatory
requirements, and general application of the IA lends itself to meeting
the definition of a rating, with certain revisions to the relevant
regulations. Therefore, FAA proposes to replace the IA with an IR,
first by adding ``Inspection'' to Sec. 65.73(a) as one of the ratings
issued with a mechanic certificate as new Sec. 65.73(a)(3).
FAA proposes to apply current IA conditions, limitations, and
privileges to the proposed IR, thereby maintaining an equivalent level
of safety within the NAS while streamlining the privileges in part 65,
subpart D as ratings rather than a mix of ratings and authorization.
This would necessitate a reorganization of the relevant regulation
sections to separate the requirements of the IR from the A&P rating
requirements, discussed in the following sections of the preamble in
detail.
If this proposed rule becomes effective, it would require a
transition period for mechanics that have an IA to convert their IA
into an IR. FAA emphasizes that holders of an IA before a final
rulemaking action will not be placed at a disadvantage during the
pendency of transition (compared to persons who can immediately apply
for an IR after any final rule adoption) or subject to a rapid
transition period unnecessarily. Rather, FAA proposes to add Sec.
65.73(c) to allow certificated mechanics that have a valid IA when (and
if) the proposed IR rule becomes effective to exercise the privileges
of the IR with their issued-IA for up to 24 months from the effective
date, provided that they comply with the limitations and recent
experience requirements of proposed Sec. Sec. 65.81(b) and
65.83(b).\22\ In other words, on the effective date of the rule, IA
holders would be able to continue exercising inspection privileges
without interruption and would not need to take immediate action to
continue exercising inspection privileges so long as they (i) had a
valid IA on the effective date; (ii) continue to hold a mechanic
certificate with A&P ratings; (iii) have a fixed base of operations;
and (iv) have the necessary equipment, facilities, and inspection data
to inspect properly.\23\ IA holders would also need to comply with the
recent experience requirements of proposed Sec. 65.83(b), but they
would have a 6-month grace period from the final rule's effective date
to comply, as discussed in section IV.A.7.ii of the preamble. This new
provision would only be necessary for 24 months after the effective
date of the final rule, as IA holders would be required to obtain a
replacement certificate with the IR to continue exercising IR
privileges, as discussed in the following paragraph. Therefore, FAA
proposes amendatory language that would remove this provision after 24
months.
The IA holder would have a fixed time within which to replace their
physical IA with a mechanic certificate with an IR with FAA. Therefore,
FAA proposes to add Sec. 65.73(d) to state that certificated mechanics
that have a valid IA on the effective date of the final rule are
entitled to a replacement mechanic certificate with the IR.\24\ In
addition, to exercise the privileges of the IR beyond 24 months from
the effective date of the final rule, the mechanic would be required to
request and obtain a replacement mechanic certificate with an IR.
Replacement of the certificates would be at no charge to the mechanic.
FAA Airman Registry currently maintains a system allowing a certificate
holder to request a replacement mechanic certificate online; mechanics
would use this same system to request a new mechanic certificate with
an IR.\25\
FAA would allow holders of an IA up to 24 months to exercise the
privileges of an IR prior to obtaining the replacement mechanic
certificate with an IR. The proposed 24-month period mirrors the
current IA period between renewals. This would allow sufficient time
for IA holders to complete the replacement process at their
convenience; it would be at the IA holder's discretion as to when in
the 24 months the person requests replacement. In addition, this would
not be an additional burden from the IA renewal time period, as under
the current regulations the IA holder would have to submit their
renewal request within 24 months. In addition, spreading the
replacement process out over 24 months would lessen the burden placed
on FAA personnel who would be processing and issuing the replacement
certificates. During this period, the mechanic would still have to meet
the recent experience requirements of Sec. 65.83(b) to exercise the IR
privileges regardless of if they have obtained the replacement
certificate, as discussed in section IV.A.6 of the preamble. This would
ensure there is no safety risk in allowing 24 months to obtain the
replacement certificate.
Proposed Sec. 65.73(e) would direct the next steps if a person
does not obtain a replacement mechanic certificate with an IR within 24
months of the effective date of the rule. After the 24-month time
period, a person that does not obtain a replacement would be restricted
from exercising the privileges of an IR. However, they would have the
ability to regain these privileges without needing
[[Page 39911]]
to go through a new application process. There would be no time limit
to request a replacement certificate; a person with a valid IA on the
effective date of the rule would be able to request a replacement
mechanic certificate with an IR even after 24 months had passed. The
difference between a new application process and the process set forth
in proposed Sec. 65.73(e) is that these re-applicants would not have
to take the written test again. The written test is a computer-based
fifty question multiple-choice test. The applicant is provided with a
computer testing supplement to use during the test that contains
excerpts from regulations, type certificate data sheets, airworthiness
directives, advisory circulars, etc., that is used as a reference in
answering the questions. The test is designed to ensure that the
applicant possesses the baseline ability to locate, read, interpret,
and apply data. FAA finds that a lapse in recency of experience would
not affect this baseline ability and, therefore, it would be
unnecessary for a mechanic who previously held an IA to take another
written test when attempting to re-apply for their privileges (which
would be via an IR).
To regain IR privileges, the person would be required to obtain the
replacement certificate and comply with the limitations and recent
experience requirements in proposed Sec. Sec. 65.81(b) and 65.83(b).
To comply with the limitations and recent experience requirements, the
person must still hold a mechanic certificate with effective A&P
ratings, have a fixed base of operations, have all of the necessary
equipment, facilities, and data necessary to perform the work, have
been actively engaged in maintaining aircraft for the two year period
leading up to exercising the privileges, and either complete an eight
hour refresher training course or successfully complete an oral test
from an FAA inspector. Because a person would have to meet the
aforementioned limitations and recent experience requirements in order
to exercise the privileges of the IR, FAA does not find it necessary to
impose further prerequisites on a person's ability to request a
certificate with the converted IR.
Therefore, FAA finds that there are sufficient safeguards to allow
a person who has a valid IA at the time this rule becomes effective to
obtain a replacement certificate with an IR and regain their IR
privileges at any point in time without having to reapply fully. FAA
invites public comment on this determination. Specifically, FAA seeks
comments on whether FAA should establish additional requirements or
limitations for a person to exchange an IA for a mechanic certificate
with an IR and regain inspection privileges.
ii. Certificate Display
Currently, under Sec. 65.89, each person who holds a mechanic
certificate must keep it in the immediate area where they normally
perform work and present it for inspection upon request of certain
authorized individuals. Similarly, under current Sec. 65.95(b),
whenever an IA holder is exercising the privileges of the IA, they must
keep it available for inspection and present it to certain authorized
people. With this proposal to change an IA to an IR, the display
requirement for the IR would be covered by Sec. 65.89 and Sec.
65.95(b) would no longer be necessary. Therefore, FAA proposes to
eliminate Sec. 65.95(b).
However, FAA recognizes that due to the 24-month period that IA
holders have to replace their existing IA with a new mechanic
certificate with an IR, there would be a period that the display
requirement in Sec. 65.89 would not require the IA holder to make the
IA available for inspection and presentation if FAA completely
eliminated Sec. 65.95(b). For that reason, FAA proposes to create two
subparagraphs under Sec. 65.89. The current requirements of Sec.
65.89 would become Sec. 65.89(a) and remain unchanged. The proposal
would also create Sec. 65.89(b), which would require those individuals
that have not yet replaced their IA with a new mechanic certificate
with an IR to, upon request, present documentary evidence to the same
authorized individuals as in current Sec. 65.95(b) to show that they
are eligible to exercise the privileges of the IR. This new provision
would only be necessary for 24 months after the effective date of the
final rule, as all mechanics must then be required to obtain a
replacement certificate with the IR to continue exercising IR
privileges, as previously discussed. Therefore, FAA proposes amendatory
language that would remove this provision after 24 months.
iii. Appeal Rights
Currently, the denial, suspension, or revocation of an IA is
appealable to the National Transportation Safety Board (NTSB).\26\
Denials, suspensions, or revocations of the ratings on a mechanic
certificate are also appealable to the NTSB.\27\ Therefore, the
conversion of the IA to the IR would not change the appeal rights for a
denial, revocation, or suspension of inspection privileges.
FAA acknowledges that a 2011 notice of policy in the Federal
Register incorrectly stated that the issuance or renewal of an IA was
not a certificate action, and therefore FAA did not have a formal
appeal process.\28\ Rather, it stated that an action on an IA
application could be addressed through the Aviation Safety Consistency
and Standardization Initiative. FAA finds this statement is incorrect;
an action on an IA application is appealable to the NTSB.\29\ FAA is
issuing a Federal Register notice of policy correction to address this
incorrect information along with this NPRM.\30\ A copy of the notice of
policy correction is available for review in the docket of this
rulemaking.
2. Eligibility Requirements: General (Sec. Sec. 65.71 and 65.91)
Section 65.71 sets forth the eligibility requirements for
applicants seeking a mechanic certificate and associated ratings. To be
eligible for a mechanic certificate, a person must be at least 18 years
old, be able to read, write, speak, and understand the English
language,\31\ have passed all prescribed tests within a period of 24
months, and comply with the sections of subpart D that apply to the
rating sought. Section 65.71(b) requires mechanics who apply for
additional ratings to meet the requirements in Sec. 65.77 (Experience
requirements), and within a period of 24 months, pass the tests
prescribed by Sec. Sec. 65.75 (Knowledge requirements) and 65.79
(Skill requirements) for the additional rating sought.
Similarly, Sec. 65.91(c)(1) through (5) prescribe eligibility
requirements for the IA. Currently, under Sec. 65.91, an IA applicant
completes an application (FAA Form 8610-1), which is reviewed by an
ASI, to determine if all eligibility requirements have been met. As
further explained in this section, four of these five eligibility
requirements for an IA would be retained, revised, and integrated into
revised Sec. 65.71 as IR eligibility requirements in this rulemaking.
The fifth, the written test requirement in current Sec. 65.91(c)(5),
would be integrated into current Sec. 65.75, which already sets forth
the knowledge requirements for a mechanic certificate and associated
ratings. In changing the IA to an IR, FAA proposes to reorganize the
requirements of Sec. 65.71 to integrate IR eligibility requirements in
with other ratings. As the IR has additional eligibility requirements
beyond the A&P ratings, FAA generally proposes to reorganize the
section so A&P requirements would be under paragraph (a) and IR
requirements would be under paragraph (b).
The eligibility requirements as currently provided by Sec. 65.71
apply to applicants for a mechanic certificate with an airframe or
powerplant rating,
[[Page 39912]]
or both.\32\ These requirements would be retained and redesignated
under proposed Sec. 65.71(a), with minor non-substantive revisions.
FAA proposes to add an ``Airframe or Powerplant Rating'' heading to
paragraph (a) for clarity and add ``airframe or powerplant'' before any
references to ratings in this paragraph. With the proposed addition of
a paragraph (a) header, each current paragraph would be redesignated
one paragraph level lower (e.g., current Sec. 65.71(a)(1) would become
Sec. 65.71(a)(1)(i), Sec. 65.71(a)(2) would become Sec.
65.71(a)(2)(ii), etc.). Current Sec. Sec. 65.71(a)(3) and 65.71(b)
detail the amount of time that an applicant has to pass all of the
required tests for a mechanic certificate with associated ratings, and
for an additional rating, respectively. Section 65.71(a)(3) states that
an applicant has 24 months, whereas Sec. 65.71(b) states 24 calendar
months. FAA has consistently drawn a distinction between months and
calendar months.\33\ Calendar months allow for a date in the future
that corresponds to the last date of the month. For example, 24
calendar months from March 5, 2025, would be March 31, 2027. The
practical application historically for the requirements in Sec. 65.71
has been to use calendar months. Therefore, FAA proposes to specify
``calendar'' months in proposed Sec. 65.71(a)(1)(iii) (which is
currently Sec. 65.71(a)(3)) for consistency with the language that is
currently in Sec. 65.71(b).
FAA proposes to place the IR eligibility requirements under
paragraph (b), which would be revised to add an ``Inspection Rating''
heading. The IR eligibility requirements would largely consist of the
current requirements for the IA. Specifically, the IA eligibility
requirements currently in Sec. 65.91(c)(1)-(4) would be relocated to
Sec. 65.71(b)(1)-(4), respectively, with minor revisions subsequently
discussed.
Section 65.91(c)(1) currently states that, to be eligible for an
IA, an applicant must hold a currently effective mechanic certificate
with both an airframe rating and a powerplant rating, each of which is
currently effective and has been in effect for a total of at least
three years. This would be relocated from current Sec. 65.91(c)(1) to
Sec. 65.71(b)(1) with non-substantive revisions. This IA eligibility
requirement would be retained, but the language would be modified to
indicate that an IR applicant must hold a currently effective mechanic
certificate with an airframe rating and a powerplant rating that is
currently effective in accordance with Sec. 65.15(a) of this part, and
has been in effect for a total of at least three years.\34\ This
modification is necessary to define what ``currently effective'' means.
A mechanic certificate is currently effective if it has not been
surrendered, suspended, or revoked, as provided in Sec. 65.15(a).
Section 65.91(c)(2) currently requires that an IA applicant has
been actively engaged \35\ for at least the two-year period before the
date of application in maintaining aircraft certificated and maintained
in accordance with Chapter I of title 14. This requirement would be
relocated from Sec. 65.91(c)(2) to Sec. 65.71(b)(2). FAA proposes
changing the requirement from two years to 24 calendar months to align
with the way time periods are specified with the other mechanic
certificate ratings. In addition, FAA proposes a non-substantive
revision to improve readability.
Section 65.91(c)(3) currently requires IA applicants to have a
fixed base of operations where they may be located in person or by
telephone during a normal working week (to note, the regulation does
not require that the location be the place the person will exercise the
IA). This requirement would be relocated from Sec. 65.91(c)(3) to
Sec. 65.71(b)(3).
Section 65.91(c)(4) currently requires an IA applicant to have
available the equipment, facilities, and inspection data necessary to
inspect airframes, powerplants, propellers, or any related part or
appliance properly. This would be amended for grammatical accuracy and
relocated from Sec. 65.91(c)(4) to Sec. 65.71(b)(4).
Currently, under Sec. 65.91(c)(5), an IA applicant must pass a
written test on the ability to inspect according to safety standards
for returning aircraft to service after major repairs and major
alterations and annual and progressive inspections performed under part
43. This IA eligibility requirement, which would be retained for future
IR new applicants, conveys testing requirements. A&P rating written
testing requirements are located in Sec. 65.75, Knowledge
Requirements, rather than in Sec. 65.71. As such, FAA proposes to
integrate the IA written testing requirements from Sec. 65.91(c)(5) as
IR knowledge requirements under Sec. 65.75(b), which would harmonize
the rating eligibility framework under part 65, subpart D. Section
IV.A.3 of this preamble further discusses proposed changes to Sec.
65.75 and the IR written test. Passing the associated written test
would remain an eligibility requirement for IR applicants under Sec.
65.75(b). Therefore, FAA is proposing to add Sec. 65.71(b)(5) to
specify that IR applicants must comply with the sections of this
subpart that apply to the rating sought (mirroring the standing
requirement in Sec. 65.71(a)(4) for airframe or powerplant ratings,
proposed as new Sec. 65.71(a)(1)(iv)).
To account for these relocations, the docket to this NPRM contains
a proposed revision to the IA application (FAA Form 8610-1) consistent
with these proposed changes. FAA notes that, currently, Sec. 65.11
sets forth the requirements for application and issue of certificates
and ratings. The current requirement for an IA application to be in a
form in manner prescribed by the Administrator in Sec. 65.91(a) would
be rendered redundant, as the IR application requirement would be
covered by Sec. 65.11. Therefore, FAA proposes to remove Sec.
65.91(a).
FAA's proposal would not carry forward the current Sec. 65.91(b),
which states that an applicant that meets all of the eligibility
requirements for an IA is entitled to the IA. With the proposal to
change the IA to an IR, this would be rendered redundant, as it would
be covered by Sec. 65.11(b), which states that an applicant who meets
the requirements of part 65 is entitled to the appropriate certificate
and rating.
3. Knowledge Requirements (Sec. Sec. 65.75, 65.19, and 65.91)
As previously stated, Sec. 65.75 contains knowledge requirements
for applicants for a mechanic certificate and associated ratings: the
required written test(s). Currently, after meeting the applicable
experience requirements of Sec. 65.77,\36\ applicants for a mechanic
certificate or rating must pass a written test appropriate to the
rating sought, which includes the aeronautical knowledge subject areas
contained in the Aviation Mechanic General, Airframe, and Powerplant
Airmen Certification Standards (ACS), which is incorporated by
reference via Sec. 65.23(a)(3). Section 65.19 provides generalized
retesting provisions for all tests (i.e., written, oral, and practical)
required of applicants for a certificate and rating and states that an
applicant can apply for retesting 30 days after a failed test or meet
the criteria outlined in Sec. 65.19(b).
As discussed in the previous sections of this preamble, an
applicant for an IA must have both an A&P rating, so an IA applicant
must have previously passed the general, airframe, and powerplant
written tests. Because an IA conveys additional privileges, Sec.
65.91(c)(5) has required a separate written test in addition to the
three base written tests that an IA applicant would have already
passed. Pursuant to current Sec. 65.91(c)(5), an IA applicant must
pass a written test on their ability to inspect according to safety
standards for
[[Page 39913]]
approving aircraft for return to service after major repairs and major
alterations and annual and progressive inspections performed under part
43 for this chapter. In changing the IA to an IR, FAA finds it
necessary to maintain the separate written test for the privileges of
an IR to validate inspection proficiency, as the aeronautical subject
areas specific to inspection privileges are not adequately tested in
the three base written tests (i.e., general, airframe, powerplant).
Because Sec. 65.75 already contains the written test requirements for
the mechanic certificate, airframe rating, and powerplant rating, FAA
proposes to reorganize the requirements of Sec. 65.75 to integrate the
written test requirements for an IR. First, the knowledge test
standards as currently provided in Sec. 65.75 would be retained for
the A&P ratings and reorganized under Sec. 65.75(a); current Sec.
65.75(a) through (d) would be redesignated as Sec. 65.75(a)(1) through
(4), and the exception reference to paragraph (c) would be replaced
with a reference to paragraph (a)(3). Paragraph (a) would add
introductory text to include an ``Airframe or Powerplant Rating''
heading to specify the provisions in proposed subparagraphs (a)(1)
through (4) apply to a mechanic certificate with an airframe or
powerplant rating, or both. The written test standards for the IR would
be relocated, with the subsequently discussed revisions, from Sec.
65.75(b)(2) to Sec. 65.75(b), which would be revised to add an
``Inspection Rating'' heading and introductory text. FAA proposes
several revisions to the current IA written test requirements, as
replaced by proposed IR written test requirements.
First, FAA proposes to add a requirement that IR applicants receive
an endorsement from a representative of the Administrator validating
their compliance with proposed eligibility requirements in Sec.
65.71(b)(1) through (4) before they can take the written test.
Currently, only FAA ASIs are authorized to endorse IA applicants to
take the written test. With the adoption of the proposed rule, this
would not change for the IR endorsement. FAA Order 8900.1 contains
guidance for ASIs responsible for evaluating IA applications on
determining who is eligible for the IA written examination.\37\ An ASI
reviews the IA application (FAA Form 8610-1) for completeness and
accuracy and interviews the applicant to the extent necessary to
determine that the responses provided regarding the eligibility
requirements in Sec. 65.91(c) are valid. If the ASI finds the
applicant meets the requirements of Sec. 65.91, the ASI will endorse
the application in Box 14, authorizing the applicant to test. After
receiving the endorsement, the IA applicant must take FAA Form 8610-1
to an authorized testing center to take the IA written test. The
endorsement on FAA Form 8610-1 states that it is only valid for 30
days. This is because the endorsement certifies that the applicant is
actively engaged for the two years prior to the application; once 30
days pass, the ASI needs to reevaluate if this is still true. After 30
days, if the applicant has not taken the test, they must return to the
FSDO or IFO to be reevaluated to ensure that they have remained
actively engaged during that time. If they are still found to meet the
eligibility requirements, a new FAA Form 8610-1 would be endorsed for
them to test and it, too, would be valid for 30 days.
FAA's proposal in Sec. 65.75(b)(1) to add the endorsement
requirement to the IR written test requirements would reflect the form
and manner IA holders currently use when applying for an IA. Therefore,
FAA is not creating an additional burden for the IR written test
requirement by explicitly adding this form and manner into the
regulations from the IA process; an equivalent level of safety would be
maintained from the current IA written test process.
In addition, FAA has developed a new Aviation Mechanic Inspection
Rating Airman Certification Standard (Inspection Rating ACS) that would
replace the current IA written test standards. FAA proposes to specify
in Sec. 65.75(b)(2) that applicants for an IR must pass a written test
which includes the aeronautical knowledge subject areas contained in
the Inspection Rating ACS. Section IV.A.4 of this preamble provides a
detailed discussion of the Inspection Rating ACS and incorporation by
reference.
Finally, the undesignated paragraph in current Sec. 65.91 states
that an applicant that fails the IA written test may not reapply for
testing until at least 90 days after the date they failed that test.
FAA proposes to retain the 90-day retesting restriction from the IA
written test for the IR written test by relocating this paragraph from
Sec. 65.91 into the proposed Sec. 65.75(b)(1). The proposed
subparagraph would state that applicants can only receive an
endorsement for the IR written test if they have not attempted the IR
written test in the previous 90 days.
This 90-day retesting restriction for the current IA written test,
and future IR written test, is and would remain different from the
retesting provisions for the other mechanic certificate ratings. Under
Sec. 65.19(a), an applicant for a written, oral, or practical test for
a certificate, rating, or additional rating under this part may apply
for retesting 30 days after the date of the failed test. Under Sec.
65.19(b), an applicant may retest after failure if before the 30 days
have expired the applicant presents a signed statement from an airman
holding the certificate and rating sought by the applicant certifying
that the airman has given the applicant additional instruction in each
of the subjects failed and that the airman finds the applicant ready
for retesting.
FAA finds it important to maintain the 90-day retesting restriction
for IR, rather than adopting the same retesting requirements as the
other ratings. This requirement has been present since the creation of
the IA regulations in 1956.\38\ FAA supports this longer retesting
restriction as appropriate because of the higher level of risk
associated with the privileges and responsibilities \39\ of the current
IA and proposed IR. The 90-day restriction ensures and encourages
enough time to allow the applicant to get enough training as necessary
to be prepared for the responsibilities that come with the IR. In
addition, since the applicant would still be required to remain
actively engaged during that time, it would allow them to bolster their
experience and learning through practical application.
Therefore, FAA finds a conforming amendment necessary to implement
the 90-day restriction in alignment with proposed Sec. 65.75(b)(1);
proposed Sec. 65.19 would specify that an applicant for an IR may not
apply for retesting until 90 days after the date of the failed written
test. The current text of Sec. 65.19 would be reorganized under
paragraph (a) (i.e., current introductory text would be redesignated as
Sec. 65.19(a), current Sec. 65.19(a) and (b) would be redesignated as
Sec. 65.19(a)(1) and (2)) with minor revisions in proposed paragraph
(a) to note the new exception of paragraph (b), and paragraph (b) would
be added to specify the 90-day standard for the IR.
4. Airmen Certification Standards and Incorporation by Reference (Sec.
65.23)
Currently, the knowledge areas for the aforementioned written test
are contained in the Learning Statement Reference Guide for Airman
Knowledge Testing.\40\ This guide contains subject areas outlined in
Learning Statement Codes that an applicant must demonstrate proficiency
in to pass the written test for the IA. However, the Learning Statement
Reference Guide is not a regulatory standard for the written test.
[[Page 39914]]
In addition to the IA written test, there is also an oral test
associated with the IA. Under current Sec. 65.93, there are two
instances where an FAA inspector may give an oral test to an IA holder.
Section 65.93(a)(5) allows for an IA holder to complete an oral test as
one of the options for renewal activities. Section 65.93(c) applies to
IA holders who do not complete the required activities in the first
year of the IA period; if a person does not complete one of the
activities set forth in Sec. 65.93(a)(1) through (5) by March 31 of
the first year of the two-year IA period, the person cannot exercise IA
privileges after March 31 of that first year. However, the IA holder
may pass the oral test during the second year and may resume exercising
the privileges of the IA.
With the proposal to replace the IA with an IR, the oral test would
be retained for both of these purposes, as is discussed at length in
section IV.A.7 of this preamble. Under proposed Sec. 65.83(b)(2)(v), a
mechanic with an IR may complete an oral test to maintain recency. In
addition, proposed Sec. 65.83(b)(4)(ii) would allow a mechanic with an
IR to reestablish recency of experience, if lapsed.
There are currently no regulatory testing standards for the oral
test. FAA Order 8900.1 provides guidance to the FSDO or IFO conducting
the test to develop test questions that are tailored to part 65 IA
privileges and limitations the IA holder accomplishes routinely.\41\
FAA acknowledges that without regulatory testing standards, the tests
created by the individual offices may vary and the testing standards
are not legally enforceable. In addition, without testing standards,
the IA or proposed IR applicants do not have a regulatory standard on
which to base their preparation.
FAA has initiated a process to transition from the Learning
Statement Reference Guide for the IR written test. In conjunction with
this proposed rule, FAA has developed the Inspection Rating Airman
Certification Standard (Inspection Rating ACS), which includes task-
specific knowledge and risk management elements in the standards,
resulting in a comprehensive presentation that integrates the knowledge
standards to validate an applicant's proficiency. Specifically, the
Inspection Rating ACS, which is included in the docket to this
rulemaking for comment, would not be creating new standards, but rather
expanding on and formalizing the existing standards from the Learning
Statement Reference Guide.
FAA proposes to incorporate the new Inspection Rating ACS by
reference into the written test and oral test framework and seeks
comment on the proposed draft of the Inspection Rating ACS. To note,
the ACS testing framework is not novel to mechanics under part 65; in
2022, FAA published the Aviation Maintenance Technician Schools interim
final rule,\42\ which incorporated the Aviation Mechanic General,
Airframe, and Powerplant Airman Certification Standard (Mechanic ACS)
into 14 CFR part 65. Further, this ACS and PTS testing framework is
aligned throughout the airman training and certification regulations in
title 14. In 2024, FAA adopted a final rule incorporating by reference:
30 pilot and flight instructor ACSs and Practical Test Standards (PTS)
in part 61, one PTS for flight engineers in part 63, and two aircraft
dispatcher and parachute rigger PTSs in part 65.\43\
Incorporation by reference is a mechanism that allows Federal
agencies to comply with the requirements of the Administrative
Procedure Act (APA) \44\ to publish rules in the Federal Register and
the Code of Federal Regulations by referring to material published
elsewhere.\45\ Material that is incorporated by reference has the same
legal status as if it were published in full in the Federal Register.
Because 5 U.S.C. 552(a) requires the Director of the Federal Register
to approve material to be incorporated by reference, incorporation by
reference is governed by the Office of the Federal Register and is
promulgated in its regulations: 1 CFR part 51. Specifically, 1 CFR part
51 provides certain requirements that a regulatory incorporation by
reference must contain.
In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\46\ FAA would
make the Inspection Rating ACS reasonably available to interested
parties by providing free online public access to view on FAA Airman
Certifications Standards website at: www.faa.gov/training_testing/
testing/acs. In addition, the Inspection Rating ACS would be available
for download, free of charge, at the provided web address.
To incorporate the three part 65 ACSs and PTSs, FAA previously
adopted a centralized incorporation by reference section as Sec. 65.23
and amended the requirements in Sec. Sec. 65.75 and 65.79, which
require an applicant for a mechanic certificate or rating to pass a
knowledge, oral and practical test, respectively.\47\ The Inspection
Rating ACS would align the testing framework for the new IR with the
A&P ratings and the Mechanic ACS and ensure the testing standards are
legally enforceable.
Therefore, FAA proposes revisions to Sec. Sec. 65.23, 65.75, and
65.83. FAA proposes to amend Sec. 65.23 to include the Inspection
Rating ACS in new paragraph (a)(4). Centralizing the Mechanic ACS and
the Inspection Rating ACS under this one section streamlines the
regulatory text to avoid repetitive information in the regulations and
utilizes the regulatory framework already in place. Subsequent part 65
sections that require compliance with these respective standards (i.e.,
Sec. Sec. 65.75 and 65.83) would refer to Sec. 65.23 for
identification information and the incorporation by reference language
required by 1 CFR part 51. In addition, FAA proposes to revise Sec.
65.75 to incorporate the Inspection Rating ACS in the written test
requirements for the IR. The proposed revision would require applicants
to pass the written test within 30 days of endorsement, as previously
discussed, which would include the aeronautical knowledge subject areas
contained in the Inspection Rating ACS. The database of questions for
the IR written test would be derived from the subjects identified in
the Inspection Rating ACS.
Similarly, FAA proposes to revise Sec. 65.83 to incorporate the
Inspection Rating ACS into the oral test recent activity requirement
(proposed Sec. 65.83(b)(2)(v)), as well as into the oral test option
for a mechanic to reestablish their IR privileges if they have not met
recency of experience (proposed Sec. 65.83(b)(4)(ii)). The oral test
is discussed in more detail in section IV.A.7 of the preamble.
5. Experience Requirements and Skills Requirements (Sec. Sec. 65.77
and 65.79)
Section 65.77 prescribes experience requirements for applicants for
a mechanic certificate or added rating (i.e., practical experience) and
Sec. 65.79 prescribes skill requirements for applicants for a mechanic
certificate or rating (i.e., oral test and practical test). The
experience and skill requirements contained in these regulations are in
addition to the basic eligibility requirements for a mechanic
certificate and associated ratings contained in Sec. 65.71. These
requirements would continue to apply to A&P ratings, but the proposed
IR would not have any additional skill or experience requirements that
need to be integrated into Sec. 65.71, as the proposed IR (and current
IA) requires a mechanic to have both the A&P ratings for a minimum of
three years and be actively engaged in maintaining aircraft
certificated and maintained in accordance with 14 CFR for the two prior
years.\48\ This eligibility requirement would ensure that an
[[Page 39915]]
applicant for an IR continues to have several years of experience to
gain the knowledge to be qualified to exercise the IR privileges
(identical to the current IA framework).
While the A&P ratings require an oral and practical test to
demonstrate skill, there has never been an oral and practical test
requirement for the IA. The oral and practical test requirement is
important for mechanic applicants applying for an initial certificate
and ratings to demonstrate that they possess the necessary proficiency
and mechanical skills to perform the applicable maintenance on
aircraft. The privileges of the current IA and proposed IR, which are
performing annual and progressive inspections and inspecting major
repairs and major alterations and approving them for return to service,
are knowledge-based as opposed to skill-based. For example, when a
major repair is accomplished on an airframe component of an aircraft,
the mechanic that physically performs the work is exercising the
privileges of the airframe rating on the mechanic certificate. However,
a mechanic with an IA must inspect the major repair after the work is
completed to ensure that it was done satisfactorily and then issue the
approval for return to service. The privileges of the IA (and proposed
IR) are based on locating, reading, interpreting, and applying
applicable standards to inspect major work performed or to perform
annual or progressive inspections. For this reason, FAA finds that the
written test requirement in proposed Sec. 65.75(b)(2) is a sufficient
proficiency validation and does not propose to add an oral and
practical test requirement for the IR in this rulemaking.
Therefore, as the experience and skill requirements for the
proposed IR will be covered in the eligibility requirements via
proposed Sec. 65.71, no additional experience or skill requirements
need to be incorporated in Sec. Sec. 65.77 and 65.79. Accordingly, FAA
is proposing to amend the introductory text Sec. Sec. 65.77 and 65.79
to specify that these requirements only apply to applicants for a
mechanic certificate with airframe or powerplant rating, or both, or
for an additional airframe or powerplant rating.
6. Privileges and Limitations (Sec. Sec. 65.81, 65.88, 65.92, and
65.95)
Section 65.81 prescribes the general privileges and limitations for
certificated mechanics. These general privileges and limitations are
applicable regardless of the specific rating(s) the mechanic has
associated with the certificate. As applicable to the specific ratings,
Sec. 65.85 sets forth the privileges for the airframe rating, Sec.
65.87 sets forth the privileges for the powerplant rating, and Sec.
65.95 sets forth the IA privileges and limitations. Section 65.92
(Inspection Authorization: Duration) also contains IA limitations. FAA
proposes to integrate the IA limitations as IR-specific limitations
into current Sec. 65.81 without substantive change. FAA proposes to
create a new section for IR-specific privileges, Sec. 65.88, where IA
privileges would be revised and relocated. This would align the IR
privileges and limitations regulatory framework with the other ratings
available on the mechanic certificate.
The current general privileges and limitations listed in Sec.
65.81 would continue to apply to the mechanic certificate. First, the
section title for Sec. 65.81 would be updated from ``General
privileges and limitations'' to ``Privileges and limitations,'' as the
section would contain some IR-specific limitations. In addition, FAA
proposes to add a ``General Privileges and Limitations'' heading in
paragraph (a) (indicating revised paragraph (a) applies to the mechanic
certificate in general) and relocate the current text of Sec. 65.81(a)
and (b) as paragraphs (a)(1) and (2). Minor revisions would be made to
update the paragraph and subparagraph designations consistent with the
reorganization.\49\
Because current paragraph (b) would become new paragraph (a)(2),
FAA proposes to add a new paragraph (b) under the heading ``Inspection
Rating Limitations'' that would provide the limitations associated with
the proposed IR. These limitations would be relocated from the current
IA limitations in Sec. Sec. 65.92 and 65.95, with revisions
subsequently discussed.
Currently, Sec. 65.92(a) states that an IA expires on March 31 of
every odd-numbered year and an IA holder may only exercise privileges
of the IA while holding a currently effective mechanic certificate with
both a currently effective airframe rating and powerplant rating. As
discussed in section I.A of the preamble, FAA proposes to remove the
expiration date, so the duration limitation in Sec. 65.92(a) would be
removed. However, the proposed IR would still require a mechanic to
have a currently effective airframe rating and powerplant rating (i.e.,
the second sentence of current Sec. 65.92(a)), as these prerequisites
remain essential to ensuring a base level of experience and skill
before exercising inspection privileges. Therefore, this limitation
would be relocated to Sec. 65.81(b)(1). The language would be revised
to state the A&P ratings must be effective in accordance with Sec.
65.15(a) to define clearly what ``currently effective'' means. A
mechanic certificate or rating is currently effective as long as it has
not been surrendered, suspended, or revoked, as provided in Sec.
65.15(a).
Currently, Sec. 65.92(b) sets forth the circumstances under which
an inspection authorization ceases to be effective. Section 65.92(b)(1)
states that an IA ceases to be effective whenever the authorization is
surrendered, suspended, or revoked. In replacing the IA with the IR,
this limitation is now covered by Sec. 65.15(a). Therefore, FAA
proposes to remove Sec. 65.92(b)(1). Section 65.92(b)(2) states that
an IA ceases to be effective when the holder no longer has a fixed base
of operation. Section 65.92(b)(3) states that an IA ceases to be
effective when an IA holder no longer has the equipment, facilities,
and inspection data required by Sec. 65.91(c)(3) and (4).\50\ These
provisions would still apply to the proposed IR, as these are initial
eligibility requirements set forth by Sec. 65.91(c)(3) and (4)
(proposed as Sec. 65.71(b)(3) and (4)) integrated into a rolling
eligibility requirement. Therefore, FAA proposes to relocate Sec.
65.92(b)(2) and (3) as streamlined text in Sec. 65.81(b)(2); this
provision would require that a certificated mechanic with an IR may not
exercise the privileges of the rating if they do not meet the
requirements of Sec. 65.71(b)(3) and (4), thereby citing the direct
rolling eligibility requirement instead of restating the requirement in
multiple subparagraphs. In sum, this limitation would require a
mechanic to continue to have a fixed base of operations and have
available the equipment, facilities, and inspection data necessary to
perform inspections properly to continue exercising IR privileges.
Section 65.95(c) contains an additional IA limitation. If an IA
holder changes their fixed base of operation, they may not exercise the
privileges of the IA until they have notified the responsible flight
standards office or international field office for the area in which
the new base is located, in writing, of the change. This limitation
would be retained for the IR. FAA proposes to remove Sec. 65.95(c) and
relocate it to Sec. 65.81(b)(3) with minor editorial revisions.
Finally, Sec. 65.95(a) sets forth the privileges of an IA,
enumerating that the holder of an inspection authorization may: (1)
inspect and approve for return to service any aircraft or related part
or appliance (except any aircraft maintained in accordance with a
continuous airworthiness program under part 121) after a major repair
or
[[Page 39916]]
major alteration to it in accordance with part 43, if the work was done
in accordance with technical data approved by the Administrator; and
(2) perform an annual, or perform or supervise a progressive inspection
according to Sec. Sec. 43.13 and 43.15. These privileges would be
retained with minor revision for the proposed IR. FAA proposes to
relocate Sec. 65.95(a) to proposed Sec. 65.88. A new section with
specific IR privileges would align with the other mechanic certificate
rating privileges, which are each located in their own section (i.e.,
Sec. Sec. 65.85 and 65.87).
Currently, Sec. 65.95(a)(1) excludes inspection authorization
privileges from applying to aircraft that are maintained in accordance
with a continuous airworthiness program (CAMP) under part 121, which
governs the operating requirements for domestic, flag, and supplemental
operations. However, FAA finds it necessary to exclude certain aircraft
in other parts, specifically those aircraft maintained in accordance
with a CAMP under 14 CFR part 91, 121, 129, or 135.\51\ Personnel
performing maintenance and approvals for return to service on aircraft
that are maintained under a CAMP that go beyond the scope of the
privileges of the IA, as well as the proposed IR, must meet specific
requirements. The current regulations in parts 91, 121, 129, and 135
include limitations on who can perform maintenance and approvals for
return to service on aircraft maintained under a CAMP. Specifically,
aircraft maintained under a CAMP may only be approved for return to
service by maintenance personnel that are trained and authorized for
that program and working under the direct supervision of the air
operator, pursuant to Sec. Sec. 91.1413, 121.368, 129.14(b)(3), and
135.426. This is not a new general limitation on the inspection
privileges. Therefore, proposed Sec. 65.88(a) (which is current Sec.
65.91(a)(1)) would be revised to add parts 91, 129, and 135 into the
privilege's exception, which would align the IR privileges with the
current inspection limitations for aircraft maintained under CAMP in
each respective part.
Currently, Sec. 65.95(a)(2) states that an IA holder may perform
an annual, or perform or supervise a progressive inspection in
accordance with Sec. Sec. 43.13 and 43.15. In replacing the IA with an
IR, a certificated mechanic with an IR would retain these privileges.
Therefore, FAA proposes to relocate Sec. 65.95(a)(2) to new Sec.
65.88(b) with a minor editorial revision.
7. Recent Experience Requirements (Sec. Sec. 65.83 and 65.93)
i. Recent Experience Activities
Section 65.83 sets forth recent experience requirements for
certificated mechanics with an airframe rating, powerplant rating, or
both. Currently, under Sec. 65.83, to continue exercising the
privileges of the certificate and rating, a mechanic must, within the
previous 24 months, be found able to do the work by the Administrator
or meet one of the four experience requirements provided in Sec.
65.83(b) for at least six months.\52\ Conversely, an IA does not have
recent experience requirements. Rather, Sec. 65.93 requires IA holders
to renew their certificate by continuing to meet the eligibility
requirements and completing renewal activities each year of the two-
year IA period.
In sum, this proposal would convert the current IA renewal
requirements to IR recent experience requirements (mirroring recent
experience requirements for the A&P ratings), which would eliminate the
unnecessary administrative burden associated with the renewal process.
Changing the IA to an IR would reduce administrative burdens without
degrading safety because the current renewal requirements to validate
ongoing proficiency would remain in effect, but as recent experience
requirements, which FAA would require inspection rated mechanics to
continue to meet to exercise their privileges. As further discussed,
the proposal would require mechanics with an IR to keep records to
demonstrate that they have met at least the previous 24 calendar months
of recent experience to retain IR privileges in lieu of submission of
an FAA form evidencing activity completion every two years.
FAA recognizes that there may appear to be a decrease in the level
of safety by eliminating the requirement for renewal every two years;
however, FAA generally views this as a procedural revision rather than
a substantive revision pertaining to ongoing proficiency and experience
requirements. Currently, IA holder oversight is assigned to either a
FSDO or IFO, depending on the geographic location of the IA holder's
fixed base of operations. Within the FSDO or IFO, an ASI is assigned to
each individual IA holder. It is the responsibility of the assigned ASI
to provide oversight of the IA holder, which includes surveillance
(spot inspections, site visits, etc.), monitoring, providing support,
enforcement activities, etc. FAA does not intend to change the current
system of oversight in place for IA holders with the proposal to
replace the IA with the IR. Maintaining this system of oversight, along
with the recordkeeping requirement, would not result in a decrease in
the level of safety.
FAA considered two alternative actions to reduce the administrative
burden related to the IA renewal process in the transition to an IR.
The first alternative was to leave the general framework of renewal as
it is (i.e., require a certificated mechanic with an IR to submit
evidence of an activity per year during the month of March of each odd-
numbered year). As this option ignores the administrative burdens and
cost associated with the IR renewal for both FAA and individual
mechanics, FAA declined to use this alternative. FAA is committed to
decreasing administrative burden, as well as FAA and individual costs,
when possible, where there is no adverse impact on safety.
The second alternative would have retained the renewal
requirements, but allowed additional flexibility by permitting a
certificated mechanic with an IR to renew their IR outside the month of
March expiration date. This alternative would require FAA to determine
a different renewal schedule. For example, instead of requiring IA
renewals in March of every odd-numbered year, IR renewals could be
submitted every two years based on the quarter and a defining
characteristic--for example, the mechanic's last name (e.g., quarter 1
renewal period (Jan-Mar)--Last Names A-J would submit renewals, etc.).
Though this alternative provides a remedy for the influx of renewals
submitted in a single month, it does not address the administrative
costs associated with processing renewal applications and issuing
renewal letters every two years. It also does not address the
individual mechanics' costs of submitting the renewal paperwork every
two years. Instead, the burden of these on-demand work tasks would
simply be dispersed throughout the year. As this alternative would not
result in a reduction of administrative burdens and costs, FAA declined
to elect this alternative.
FAA's general proposal to replace the IA with an IR would align all
of the privileges available to an FAA-certificated mechanic as ratings
under the mechanic certificate. Mechanic certificate ratings currently
issued under part 65 do not have expiration dates or renewal
requirements,\53\ therefore, eliminating the expiration requirements
and converting the renewal requirements to recency of experience
requirements would provide consistency in how FAA administers
[[Page 39917]]
mechanic privileges on a mechanic certificate.
FAA proposes to reorganize current Sec. 65.83 to integrate the IA
renewal requirements as new IR recent experience requirements. The
current recent experience requirements would still apply to mechanics
with A&P ratings and would be retained and reorganized under Sec.
65.83(a) under the heading of ``Airframe or Powerplant Rating'' without
any substantive changes. Minor edits would be made to update the
paragraph and subparagraph designations consistent with the
reorganization (e.g., proposed Sec. 65.83(a)(iv)). The proposed IR
recent experience requirements would be integrated under paragraph (b)
under the heading of ``Inspection Rating.''
Section 65.93(a) states that, to be eligible for an IA renewal for
a two-year period, an applicant must show that they still meet the
requirements of current Sec. 65.91(c)(1)-(4). First, as previously
discussed in section IV.A.2 of the preamble, this proposal would revise
and relocate the eligibility provisions of Sec. 65.91(c)(1)-(4) to
Sec. 65.71(b)(1)-(4). To reiterate, these initial eligibility
provisions require a mechanic to: currently hold an effective mechanic
certificate with A&P ratings, have been actively engaged in maintaining
aircraft for the two years prior to the application, maintain a fixed
base of operation, and have available the necessary equipment,
facilities, and inspection data. While all four of these provisions
would be retained as initial eligibility requirements in proposed Sec.
65.71(b)(1)-(4), three have also been integrated into the IR
limitations in Sec. 65.81(b) as rolling requirements, as discussed in
section IV.A.6 of the preamble: holding effective airframe and
powerplant ratings, maintaining a fixed base of operations, and having
necessary equipment, facilities, and inspection data. This means that
under the proposal, a mechanic would continuously meet these
requirements to exercise the privileges of the proposed IR, therefore,
they do not need to be integrated into the recent experience
requirements. However, the requirement for a mechanic with an IA to be
actively engaged in maintaining aircraft for the two-year period prior
to the application date would not be integrated into Sec. 65.81 (which
sets forth rating limitations) because it is more appropriately
categorized as a recent experience requirement. Therefore, FAA proposes
to integrate the requirement into Sec. 65.83(b)(1). This provision
ensures that a mechanic has had an active role in exercising the
privileges of the A&P ratings in the two years prior to exercising IR
privileges.
FAA proposes to modify the language to indicate that the person
must be actively engaged for the 24-calendar month period prior to when
they exercise their IR privileges, rather than two years prior to the
application date (as is required by eligibility requirements in
proposed Sec. 65.71(b)(2)). This modification is necessary as a person
would only apply for the IR once, and they would not need to file a
renewal application under this proposal. In addition, the proposal
would change the language from two years to 24 calendar months to
provide consistency to the time periods associated with the other
mechanic ratings. Therefore, to maintain an equivalent level of safety,
the actively engaged requirement would apply for a rolling period of
two years prior to exercising the IR, rather than two years from the
application date. For example, assuming this rule became effective in
August 2026, if a certificated mechanic with an IR who meets all the
other requirements wants to exercise their privilege in September 2026,
they would have to have been actively engaged in maintaining aircraft
since September 2024.
Section 65.93(a)(1)-(5) currently describes the renewal activity
options that IA holders must complete at least one of annually to renew
their IA. Currently, an IA holder must complete one of five activities
annually: (1) at least one annual inspection for each 90 days that the
applicant has held the current authority; (2) at least two major
repairs or alterations for each 90 days the applicant has held the
authority; (3) performed or supervised and approved at least one
progressive inspection; (4) attended and successfully completed a
refresher course of not less than eight hours of instruction; or (5)
passed an oral test conducted by an FAA inspector. FAA proposes that
these requirements would be largely retained and converted into recent
experience requirements for the proposed IR as new Sec.
65.83(b)(2)(i)-(v), with some revisions.
Because the proposed IR will not have a fixed period pursuant to an
expiration, like the current IA, FAA proposes that these requirements
be completed in the 12 calendar months prior to exercising the IR
privileges to maintain the experience and validation of proficiency
currently expected. FAA emphasizes this would not substantially
increase the burden on a certificated mechanic with an IR as opposed to
the current framework for an IA holder, as an IA holder must complete
one activity in the first year and one in the second year, the person
just isn't required to submit evidence of such until the second year
under the current framework.
For example, under this proposal, if a certificated mechanic with
an IR who meets all the other requirements wants to exercise their
privileges in June 2027, they must have completed one of the recent
experience activities enumerated between June 2026 and June 2027.\54\
The 12 calendar month period would be a rolling look-back period from
the time a certificated mechanic with an IR exercises their privileges.
First, Sec. 65.93(a)(1) and (2) would be relocated with revision
to Sec. 65.83(b)(2)(i) and (ii). Currently, two of the activity
options to renew are one annual inspection or two major repairs or
major alterations for each 90 days the applicant has held the IA. Under
the current regulations, these can be done at any time throughout the
year. For example, if a mechanic has an IA for a year, they can meet
the renewal activity requirements for the year by doing four annual
inspections within December of the year; one inspection does not have
to be done every 90 consecutive days. Similarly, two major repairs or
major alterations do not have to be done every 90 consecutive days; all
eight could be done in the last month of the year. Since the IR would
not expire or have a fixed period, the recent experience requirements
of Sec. 65.83(b)(i) and (ii) would be modified to require at least
four annual inspections in the previous 12 calendar months or any
combination of eight major repairs or major alterations in the previous
12 calendar months. This maintains the same number of inspections or
major repairs and major alterations in a 12-calendar month period to
exercise the proposed IR privileges as required to renew the IA.
FAA's proposal would modify Sec. 65.83(b)(ii) to add ``any
combination of'' eight major repairs or major alteration This is
necessary to clarify that a mechanic does not have to perform either
eight major repairs or eight major alterations, but rather, may
complete any combination to a total of eight. For example, three major
repairs and five major alterations would satisfy the recent experience
requirement of Sec. 65.83(b)(ii). While the current requirements in
Sec. 65.93(a)(2) do not contain this language, FAA has issued a legal
interpretation stating that a combination of major repairs and major
alternations may be used.\55\ Therefore, this proposal is not changing
any requirements from the IA to the IR, but rather formalizing the
current requirements, as clarified in legal interpretation, into
regulation.
[[Page 39918]]
Next, Sec. 65.93(a)(3) and (4) would be relocated to Sec.
65.83(b)(2)(iii) and (iv). These two sections would set forth the two
activity options of progressive inspection and an 8-hour refresher
course. The progressive inspection and refresher course activities are
relocated without revision.
Finally, Sec. 65.93(a)(5) would be relocated to Sec.
65.83(b)(2)(v) with revision. Currently, an IA holder can complete an
oral test conducted by an FAA inspector to determine that the
applicant's knowledge of applicable regulations and standards is
current. As discussed in section IV.A.4 of the preamble, there is no
current regulatory standard for the oral test; rather, FAA provides
guidance to inspectors as to the conduct of the test. The requirements
for the oral test would be modified to state that the oral test would
include the aeronautical knowledge subject areas contained in the
Inspection Rating ACS, which would be incorporated by reference in
proposed Sec. 65.23 to determine that the applicant's knowledge of
applicable regulations and standards is current. The oral test in
proposed Sec. 65.83(2)(v), should a mechanic with IR choose that
activity, would continue to be administered by the FSDO or IFO, but all
questions for the oral test would be developed from the Inspection
Rating ACS. This revision would ensure the oral test is standardized
and those taking the test are aware of the specific subject areas
enumerated in the ACS (i.e., what they are subject to demonstrating
knowledge on).
Notably, the retesting provisions of Sec. 65.19 do not apply to
the oral test as they do to the written test as described in section
IV.A.3. of the preamble. Section 65.19 is only applicable to tests for
a certificate or rating. The purpose of both the current IA oral test
and the IR oral test in FAA's proposal is to determine that the
applicant's knowledge of applicable regulations and standards is
current after the person already holds the IA. The oral test does not
have specific retesting provisions because the intent is to provide the
ASI giving the test flexibility in determining appropriate follow-up
activities after a failed test. For example, if the test consists of 20
questions, the applicant would need to answer 14 of them correctly to
meet the seventy percent minimum passing score. If they only answered
13 of them correctly, missing a passing score by one question, it might
be appropriate for the ASI to offer a retest with a different set of
questions. Alternatively, if the applicant only answered 5 of the
questions correctly, the ASI might believe that indicates a significant
lack of qualifications on the part of the IR holder and find it
necessary to initiate a reexamination under 49 U.S.C. 44709 to
determine whether the individual is competent or qualified to hold the
rating.
ii. Exceptions to Recent Experience Requirements
Given the transition from expiration and renewal to recent
experience requirements, FAA acknowledges two scenarios where a person
would need an exception from the first year of recent experience
requirements. First, if a person has just received their IR, the person
would have just passed the written test to obtain the IR, demonstrating
proficiency to exercise the IR privileges. In addition, by virtue of
just receiving their IR, the person could not meet the recent
experience requirements in the 12 calendar months prior to the original
IR issuance, as the person did not have the privileges to perform
annual inspections, major repairs or alterations, or perform or
supervise and approve progressive inspections. Further, the requirement
for a refresher course or oral test would be redundant in the first 12
calendar months, as a certificated mechanic with a newly issued IR
would have recently passed the written test as required in proposed
Sec. 65.75(b). Therefore, proposed Sec. 65.83(b)(3) would except a
newly rated person from meeting the recent experience requirements
during the 12 calendar months following the original issuance of their
IR. For example, if a person receives their IR in March 2026, they
would not have to meet the experience requirements for the next 12
calendar months and they would be able to exercise the privileges of
the IR through March 2027. However, beginning in April 2027, to
continue exercising the privileges of the IR, they would need to have
completed one of the recent experience activities during the previous
12 calendar months. The proposed language would also clarify that
obtaining a replacement mechanic certificate with an inspection rating
under proposed Sec. 65.73(d) or (e) (which is required for a person
holding a valid IA at the time of the effective date of this rule if
they want to continue exercising inspection privileges) is not
considered an original issuance of the IR, as the aforementioned
considerations would not apply to a person who may already conduct
inspection privileges.
Second, FAA acknowledges the unique timeline considerations
characterized by the transition of an authorization with an expiration
date to a rating with no expiration date and recent experience
requirements. Without relief, the timing of the final rule may mean a
person with a valid IA is compliant under the current rules, but they
would not be compliant with the proposed regulations if they became
final. For example, all IA holders renewed their IA in March 2025. To
fulfill the current renewal activity requirements for the first year,
suppose an IA holder completes a refresher course in June 2025. The IA
holder then plans to complete their renewal activity in February 2027
for the second year of the IA period. If this final rule became
effective in August 2026 and the mechanic wanted to exercise IR
privileges in September 2026, they would look back one year to
September 2025. In this example, if the only renewal activity the IA
holder completed was the June 2025 refresher course, they would not be
in compliance with the newly effective Sec. 65.83(b)(2) and could not
exercise the IR privileges. This results in a scenario where the
mechanic with an IA could be compliant under the current rules, but
they would become non-compliant with the recent activity requirements
on the date the new rules would be effective.
FAA acknowledges this outcome would be unfair to current IA holders
who would be compliant under the current rules, but would become non-
compliant on the effective date of a future final rule. Therefore, in
proposed Sec. 65.83(b)(7), FAA proposes a six-month grace period for a
certificated mechanic with a valid IA on the effective date of the
proposed rule to become compliant with the recent experience
requirements for the IR. FAA intends for this six-month grace period to
alleviate the immediate burden of complying with the new requirements
when a mechanic has a valid IA on the effective date of the rule.
During this six-month period, a mechanic who had a valid IA on the
effective date of the rule could exercise the IR privileges without
meeting the requirements of proposed Sec. 65.83(b)(2).
FAA determined that the six-month grace period is an adequate
amount of time for a mechanic to complete one of the required recent
experience activities if they have not done so in the prior 12 calendar
months. FAA acknowledges that each individual mechanic's circumstances
are different, and for some it may take several months to satisfy the
annual inspection or major repair and major alteration activities.
However, there are acceptable IA (which with this proposal would become
IR) refresher trainings that are available year-round, many of which
are available on demand, which can be completed to satisfy the recent
activity requirement. Many of the refresher training courses
[[Page 39919]]
are offered at no cost. FAA maintains a master list of courses that
have been reviewed and accepted that can be found at:
www.faasafety.gov/gslac/ALC/lib_categoryview.aspx?categoryId=27. In
addition, FAA.safety.gov offers online courses that can be taken for IA
(with the adoption of FAA's proposal would become IR) refresher credit.
Therefore, due to the availability of refresher courses, six months
provides sufficient time for a mechanic to find and schedule a
refresher course to meet the recent experience requirements.
In addition, FAA finds that there would be no added risk in
allowing the one-time grace period. Under the current regulations, it
is possible for an IA holder to go beyond twelve months without an
activity and remain current. For example, an IA holder could complete
their required first year activity in June of 2025 and then not
complete the required second year activity until March of 2027. In this
example, the IA holder would be in compliance the entire time, however,
there would have been twenty-one months between activities. Therefore,
in most circumstances, a six-month grace period would not allow for a
greater amount of time between required activities than currently
allowed in the regulations. FAA emphasizes that, if finalized, the
final rule will give due consideration to the timeline of the final
rule and current expiration date requirements. In addition, FAA seeks
comment on additional methods that would facilitate a seamless
transition from IA to IR.
Importantly, Sec. 65.83(b)(7) could be removed six months after
the effective date of the rule (if adopted), as all mechanics with a
valid IA would have to be compliant with the recent experience
requirements at that time. Amendatory instructions would remove this
provision six months after the effective date of the final rule, as
well as remove the reference to paragraph (b)(7) from Sec.
65.83(b)(2), as no longer be necessary.
iii. Reinstatement of Privileges After Recent Experience Lapse
Currently, if an IA expires and is not renewed, there is no way to
reinstate privileges without going through the entire application
process and written test again. FAA proposes to add a method by which
certificated mechanics with an IR who have not completed their recent
experience requirements in the prior 12 calendar months can reestablish
privileges. This relieving provision would allow greater flexibility
and lower cost to mechanics with an IR to reinstate privileges than the
process of reapplying from the beginning, as is currently required to
regain IA privileges after IA expiration, while maintaining safety as
subsequently discussed.
FAA proposes to add Sec. 65.83(b)(4), which would allow a
certificated mechanic with an IR that has not completed their recent
experience requirements to reinstate their privileges by attending a
refresher course (proposed Sec. 65.83(b)(4)(i)) or passing an oral
test from an FAA inspector (proposed Sec. 65.83(b)(4)(ii)). In
addition, proposed Sec. 65.83(b)(5) would permit a mechanic with an IR
who completes the requirements of proposed Sec. 65.83(b)(4) deemed as
having completed the recent experience requirements of proposed Sec.
65.83(b)(2).
For example, assuming the provisions proposed are adopted, suppose
a certificated mechanic with an IR wants to exercise their IR
privileges in June 2027.\56\ However, the person has not completed any
of the recent experience requirements from Sec. 65.83(b)(2) in the
prior 12 calendar months. To reestablish privileges, the person could
either take a refresher course or an oral test. Once the person
completes the course or passes the oral test, and assuming the person
meets all other applicable requirements, the person can exercise IR
privileges and would be deemed to have met the recent experience
requirements for the next 12 calendar months.
The refresher course and the oral test are both designed to ensure
current mechanic knowledge of applicable regulations and standards. In
addition, as previously stated, a mechanic with an IR would be required
to meet all other applicable requirements to exercise the privileges of
the IR. This means that even if the mechanic has not met the IR recent
experience for a considerable amount of time, even after completing the
refresher course or successfully completing the oral test, they would
be required to hold an effective mechanic certificate with both A&P
ratings, have a fixed base of operations, have the necessary equipment,
facilities, and inspection data, and have been actively engaged in
maintaining aircraft for at least the two-year period before exercising
the privileges of the IR.
For these reasons, FAA finds there would be no negative impact on
safety and does not consider it necessary to establish a time limit for
mechanics to reestablish recent experience requirements for the IR. FAA
invites public comment on this determination. Specifically, FAA seeks
comment on whether there are additional requirements or limitations
that FAA should establish for a certificated mechanics to reestablish
recent experience for the IR.
iv. Record Keeping Requirement
Currently, when an IA holder renews their IA, the person submits
FAA Form 8610-1 and presents evidence that the person still meets the
initial eligibility requirements of Sec. 65.91(c)(1) through (4).\57\
In addition, an applicant must show completion of one of the renewal
activities.\58\ This evidence is submitted with the renewal application
and reviewed by FAA personnel before the IA is formally renewed.
Therefore, under the current regulations, IA holders are functionally
required to keep records to show that they have been actively engaged
in the two-year period prior to the date of the application in
maintaining certificated aircraft under Sec. 61.91(c) and records to
show that they have met the requirements for completing a renewal
activity under Sec. 61.93(a).
Because this proposal would eliminate the renewal process for an
IA, applicants for an IR would only have to submit FAA Form 8610-1 on
initial application. Certificated mechanics with an IR would not be
required to submit any evidence indicating that they continue to meet
the eligibility requirements or that they have completed the recent
experience requirements. However, the proposed regulations would
require mechanics with an IR to maintain eligibility requirements and
complete the recent experience requirements. Therefore, to maintain an
equivalent level of safety as the IA, FAA proposes to add a record
keeping requirement to Sec. 65.83(b)(6). FAA finds that, despite the
enumerated requirement, this would be a reduced burden on future
individual mechanics with IR from the current IA renewal process.
This proposal would require a certificated mechanic with an IR to
maintain records to demonstrate completion of the recent experience
requirements as outlined in Sec. 65.83(b)(1)-(4) for at least two
years. These would be substantially similar records to those IA holders
currently maintain and submit with FAA Form 8610-1 when renewing their
IA. The proposed rule would change the requirement from an active
submission of evidence every two years for verification to a mechanic
keeping the records and verifying compliance with the recent experience
requirements themselves, allowing flexibility for the mechanic with an
IR. FAA estimates that burden imposed by this proposed recordkeeping
requirement would be minimal, approximately five minutes
[[Page 39920]]
per year. Some examples of acceptable recordkeeping would be: saving a
copy of a certificate of training to a computer, making a copy of a
maintenance record entry for a completed annual inspection, or making
an entry into a mechanic's logbook indicating a completed FAA Form 337
for a major repair.
However, an equivalent level of safety would be maintained through
surveillance and monitoring. ASIs are charged with surveillance and
monitoring of IA holders as part of their annual work program. These
general responsibilities would not change with the proposal to replace
the IA with IR and renewal requirements to recent experience
requirements. FAA recognizes that, by eliminating the renewal
requirement, inspection rated mechanics would no longer be submitting
their evidence of activity every two years on IA renewal. However, the
proposed record keeping requirement would ensure that ASIs are able to
verify that mechanics have met their recent experience requirements as
the records would be subject to inspection given FAA's general
inspection authority and the specific authority set forth in proposed
Sec. 65.83(b)(6). Section V.E. discusses the applicability of the
Paperwork Reduction Act and the burden associated with these
requirements.
Of note, the proposed recordkeeping requirement is different from
the recordkeeping requirement proposed in 1973 and discussed in section
III.A of the preamble. The 1973 proposal would have required IA holders
to keep a record of every aircraft that they had inspected for a period
of two years, to include the registration number, name and address of
the registered owner, make and model of the aircraft, the kind of
inspection performed, the date, and if the aircraft was returned to
service.\59\ The recordkeeping requirement proposed in this rulemaking
is significantly narrower. Certificated mechanics with an IR would only
have to keep records for activities that demonstrate compliance with
the proposed recent experience requirements. As previously discussed,
IA holders already maintain these records and, overall, the burden for
mechanics with an IR would be decreased because they would no longer
need to fill out the application to renew every two years with evidence
of those activities. Therefore, the concern regarding an undue economic
burden, which prompted the removal of this proposed requirement from
the 1977 final rule, is not applicable in this proposal.\60\
v. Removed Requirements From Sec. 65.93
Given the proposed revisions discussed in this section, FAA finds
it necessary to propose removing Sec. 65.93(b), (c), and (d). Section
65.93(b) provides an exception to required renewal activities when an
IA is in effect for less than 90 days before the expiration date and
provides the expectations when an IA is in effect for less than 90 days
before March 31 of an even numbered year. These provisions are no
longer necessary as the IR would not have an expiration date and the
intent of relief for newly acquired IAs would be captured in proposed
Sec. 65.83(b)(3).
Section 65.93(c) sets forth the restrictions for an IA holder who
does not complete one of the renewal activities in the first year of
the IA period. As the proposed IR would no longer have a fixed period,
this paragraph would be removed. Proposed Sec. 65.83(b)(4), which was
previously discussed in this section of the preamble, would provide the
restrictions and requirements to reinstate privileges for certificated
mechanics that do not complete their recent activity requirements.
Finally, Sec. 65.93(d) is currently in place to align with Sec.
61.40 to allow relief for certain qualifying people to be eligible to
renew an expired IA if they were deployed overseas and unable to renew
during the month of March of the odd-numbered year. With the proposal
to eliminate the expiration date and renewal requirement, this relief
would no longer be necessary. In addition, proposed Sec. 65.83(b)(4)
would specifically allow for mechanics to reestablish IR privileges if
they are unable to meet the recent experience requirements, rather than
have to start over with an initial IR application as is currently
required, so no additional relief is required for those deployed
overseas. Section IV.C.2 of the preamble contains a discussion of Sec.
61.40.
vi. Advisory Circular, FAA Form 8610-1, and FAA Form 8610-6
FAA publication FAA-G-8082-19, Inspection Authorization Information
Guide \61\ currently provides general guidance for mechanics who hold
an IA. It discusses the important role and responsibilities that IA
holders have in air safety and the renewal requirements and process.
With the proposal to replace the IA with the IR and eliminate the
expiration and requirement for renewal, FAA has drafted a new AC to
replace the IA information Guide. The most significant difference
between the Information Guide and the AC, as drafted for this proposed
rule, is the discussion of the recent experience and recordkeeping
requirements that are introduced in this proposal. FAA seeks comment on
the proposed draft of the AC, which is available in the docket for this
rulemaking.
In addition, the proposal to eliminate the renewal requirement
would necessitate revisions to FAA Form 8610-1, Mechanic's Application
for Inspection Authorization (14 CFR part 65). The form is currently
used for initial application and application for renewal. The revision
would remove all blocks that are used for the renewal process, as well
as change all references of ``Inspection Authorization'' to
``Inspection Rating.'' As the proposed IR would no longer require
renewal, this application would now only be required for initial
application for an IR. FAA also seeks comment on this updated
application, which is available in the docket for this rulemaking.
Also, this proposal would require revisions to FAA Form 8610-6, IA
Refresher Course Acceptance Request. While the form would remain the
same substantively, all references to ``IA'' and ``Inspection
Authorization'' would be changed to ``IR and ``Inspection Rating,''
respectively. In addition, the regulatory reference in Section E that
currently references Sec. 65.93(a)(4) would be changed to Sec.
65.83(b)(iv). FAA also seeks comment on this updated application, which
is available in the docket for this rulemaking.
Finally, throughout the pendency of this rulemaking, FAA would also
perform a quality control check of related materials to the IA, to
include legal interpretations. If adopted as proposed, FAA would handle
these materials as appropriate, to include rescinding or revising any
legal interpretations that are no longer valid, and FAA would address
these changes in the final rule.
B. Proposed Changes to Affected Sections
The following table provides an overview of proposed changes to
specific IA sections in part 65 (Sec. Sec. 65.91, 65.92, 65.93, and
65.95): which removed paragraphs and subparagraphs would be covered by
other sections, which would be integrated into other sections, and
which would be removed entirely.
[[Page 39921]]
Table 1--Proposed Revision and Integration of Inspection Authorization
Provisions for Inspection Rating
------------------------------------------------------------------------
Current citation (14 CFR) Proposed action (14 CFR)
------------------------------------------------------------------------
Sec. 65.91(a).............. Remove, covered by Sec. 65.11(a).
Sec. 65.91(b).............. Remove.
Sec. 65.91(c)(1)-(4)....... Revise and integrate into Sec. 65.71 as
new Sec. Sec. 65.71(b)(1)-(4).
Sec. 65.91(c)(5)........... Revise and integrate into Sec. 65.75 as
new Sec. 65.75(b).
Sec. 65.91 undesignated Revise and integrate into Sec. 65.19 as
paragraph. new Sec. 65.19(b).
Sec. 65.92(a).............. Partially remove, partially revise and
integrate into Sec. 65.81 as new Sec.
65.81(b)(1).
Sec. 65.92(b)(1)........... Remove, covered by Sec. 65.15(a).
Sec. 65.92(b)(2)-(3)....... Revise and integrate into Sec. 65.81 as
new Sec. 65.81(b)(2).
Sec. 65.92(c).............. Remove, covered by Sec. 65.15(c).
Sec. 65.93(a).............. Revise and integrate into Sec. 65.81 as
new Sec. Sec. 65.81(b)(1)-(2) and
65.83(b)(1).
Sec. 65.93(a)(1)-(5)....... Revise and integrate into Sec. 65.83 as
new Sec. Sec. 65.83(b)(2)(i)-(v).
Sec. 65.93(b).............. Remove.
Sec. 65.93(c).............. Remove.
Sec. 65.93(d).............. Remove.
Sec. 65.95(a).............. Revise and add as new Sec. 65.88.
Sec. 65.95(b).............. Revise and integrate into Sec. 65.89 as
new Sec. 65.89(b).
Sec. 65.95(c).............. Revise and integrate into Sec. 65.81 as
new Sec. 65.81(b)(3).
------------------------------------------------------------------------
C. Miscellaneous and Conforming Amendments (Sec. Sec. 43.7, 61.40,
65.11, 91.409, and 147.5)
1. Conforming Amendment to Part 43 (Sec. 43.7)
Part 43 prescribes certain rules governing maintenance, preventive
maintenance, rebuilding, and alteration. Section 43.7 prescribes
requirements for persons authorized to approve aircraft, airframes,
aircraft engines, propellers, appliances, or component parts for return
to service after maintenance, preventative maintenance, rebuilding, or
alteration. Currently, under Sec. 43.7(b), the holder of a mechanic
certificate or an IA may approve an aircraft, airframe, aircraft
engine, propeller, appliance, or component part for return to service
as provided under part 65. As this proposal would remove the IA, any
reference to an IA would need to be removed in other sections.
A mechanic with the proposed IR would be able to approve an
aircraft, airframe, aircraft engine, propeller, appliance, or component
part for return to service. As discussed in section IV.A.6 of this
preamble, the privileges of the IR are substantively unchanged from the
IA. FAA would not need to replace ``inspection authorization'' with
``inspection rating'' in Sec. 43.7(b), as the proposed IR would
already be covered under the current language. The proposed IR is a
rating on a mechanic certificate; therefore, a mechanic with an IR
would be covered under ``holder of a mechanic certificate'' as
currently authorized in Sec. 43.7(b). Accordingly, certificated
mechanics with the proposed IR would also be authorized under the
language of Sec. 43.7(b) despite removing ``inspection
authorization.'' Therefore, FAA proposes to revise Sec. 43.7(b) by
removing ``or an inspection authorization'' to conform to the changes
proposed in part 65.
2. Relief for U.S. Military and Civilian Personnel Who Are Assigned
Outside the United States in Support of U.S. Armed Forces Operations
(Sec. 61.40)
Section 61.40 prescribes relief given to U.S. Military and civilian
personnel assigned outside of the United States in support of U.S.
Armed Forces operations, allowing these individuals additional time to
renew a flight instructor certificate, establish recent flight
instructor experience, take a practical test, or renew an IA. FAA
proposes to revise Sec. 61.40 by removing references to IA to conform
to the changes proposed in part 65.
Section 61.40 codified Special Federal Aviation Regulations No.
100-2 to ensure military and civilian personnel deployed outside the
United States have an adequate opportunity to renew an IA if they meet
the criteria under Sec. 61.40(b)(2)(i).\62\ With the proposed
conversion of the IA to the IR, the IR would not expire, and a
provision providing adequate opportunity to renew for deployed
individuals would not be necessary. In addition, proposed Sec.
65.83(b)(4) would allow all mechanics to reestablish IR privileges at
any time if they are unable to meet the recent experience
requirements.\63\ This provision would equally provide deployed
individuals with the same opportunity to reestablish privileges under
proposed Sec. 65.83(b)(4). Therefore, the relief provided by Sec.
61.40 would not be necessary for the proposed IR. Accordingly, FAA
proposes to remove the references to IA in Sec. 61.40(a), 61.40(a)(6),
61.40(b)(2)(i), and 61.40(b)(3).
3. Application and Issue (Sec. 65.11)
Section 65.11 prescribes the general application requirements for
certificates under part 65. Currently, Sec. 65.11(a) states that
application for a certificate and appropriate class rating, or for an
additional rating, under this part must be made on a form and in a
manner prescribed by the Administrator. FAA proposes to remove the word
``class'' from paragraph (a) because none of the ratings that are
issued on airmen certificates under part 65 are class ratings as
defined in Sec. 1.1.
Class, with respect to the certification, rating, privileges and
limitations of airmen, means a classification of aircraft within a
category having similar operating characteristics.\64\ Class is also
defined with respect to the certification of aircraft as meaning a
broad grouping of aircraft having similar characteristics of
propulsion, flight, or landing.\65\ Certifications for air traffic
control operators, aircraft dispatchers, mechanics, repairmen, and
parachute riggers are not class ratings; none of the ratings limit
airmen under part 65 to a specific class of aircraft within a category.
FAA acknowledges that ``class'' is currently used in Sec. 65.107
with regard to repairmen for light-sport aircraft. However, the MOSAIC
rulemaking proposed to replace references to ``class'' of aircraft in
Sec. 65.107 with ``category'' \66\ of aircraft in proposed Sec.
65.109.\67\ Under Sec. 65.107, the references to ``class'' are used in
the context of classes of aircraft certification, not airmen
certification. FAA has determined using the term ``category'' in the
context of airman certification as defined in Sec. 1.1, is more
appropriate because Sec. 65.107 specifically prescribes repairman
certification, ratings, privileges, and
[[Page 39922]]
limitations. Therefore, given that airmen certificates issued under
part 65 do not have class ratings, FAA proposes to remove this term
from Sec. 65.11(a).
4. Inspections (Sec. 91.409)
Section 91.409 prescribes the requirements for inspections if
operating under part 91; paragraph (d) describes the requirements of an
aircraft owner or operator that wishes to utilize a progressive
inspection program for their aircraft. Section 91.409(d)(1) states, in
part, that the owner or operator must provide a certificated mechanic
with an inspection authorization to supervise or conduct the
progressive inspection. FAA proposes to revise Sec. 91.409(d)(1) to
change the use of ``inspection authorization'' to ``eligible to
exercise the privileges of an inspection rating'' to conform to the
changes proposed in part 65 and to account for those persons who will
hold inspection authorizations but will not have converted their
authorization to a rating after a final rule is effective. As explained
in section IV.A.6 of the preamble, the IR would have the same
privileges as the IA, which would be relocated from Sec. 65.95(a)(2)
to Sec. 65.88(b). Therefore, this proposed change would simply update
this section to require an owner or operator to provide a certificated
mechanic holding an IR to use the progressive inspection program,
consistent with the proposed conversion of the IA to an IR.
5. Application Requirements (Sec. 147.5)
Part 147 prescribes the requirements and the general operating
rules for issuing aviation maintenance technician school certificates
(AMTS). Section 147.5 prescribes application requirements for AMTS
certificate applicants. Currently, Sec. 147.5(b)(2) requires an AMTS
applicant to include a description of the manner in which the school's
curriculum will ensure the student has the knowledge and skills
necessary for attaining a mechanic certificate and associated ratings
under subpart D of part 65. The proposed inspection rating is not a
rating that is available to an AMTS, as the available ratings are
enumerated in Sec. 147.11 as airframe, powerplant, or airframe and
powerplant. Therefore, FAA proposes to revise Sec. 147.5(b)(2) by
specifying the associated ratings as airframe or powerplant ratings (or
both). FAA acknowledges that part 147 was significantly revised
pursuant to section 135 of the Aircraft Certification, Safety, and
Accountability Act in Public Law 116-260, the Consolidated
Appropriations Act of 2021, including Sec. 147.5. This proposed
amendment is not a substantive change to the statutory requirements.
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
Executive Order 12866 (E.O.) (``Regulatory Planning and Review'')
and E.O. 13563 (``Improving Regulation and Regulatory Review'') require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination that the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.'' The Office of Management and Budget has determined
that this proposed rule is not a significant regulatory action as
defined in section (3)(f) of E.O. 12866.
This proposal would eliminate the requirement that mechanics
holding an IA renew their IAs in March of every odd-numbered year. FAA
would replace the current mechanic certificate and IA with a new
mechanic certificate with an IR, which would not require renewal and
would reduce administrative burden to both FAA and mechanics. The
proposal would maintain safety by retaining the same initial
qualifications and converting the renewal activity requirements to
recent experience requirements.
There are a few other minor revisions in the proposed rule that
would not have an impact on existing industry practices. The existing
industry practices are the baseline for this analysis and thus the
minor proposed changes would not result in any costs or benefits.
Adjustments to knowledge requirements of this proposed rule would not
impact current industry practices as the written test is already
required under the IA. These revisions reorganize the regulatory text
to explain the tests required. In addition, the addition of IR specific
privileges and limitations language would not affect the current
practices. The following table summarizes the economic impact by
provision change.
Table 2--Regulatory Impact by Proposed Revision
------------------------------------------------------------------------
Proposed action (14
Current citation (14 CFR) CFR) Economic impact
------------------------------------------------------------------------
Sec. 65.91(a)............. Remove, covered by No impact.
Sec. 65.11(a).
Sec. 65.91(b)............. Remove.............. No impact.
Sec. 65.91(c)(1)-(4)...... Revise and integrate No impact.
into Sec. 65.71
as new Sec.
65.71(b)(1)-(4).
Sec. 65.91(c)(5).......... Revise and integrate No impact.
into Sec. 65.75
as new Sec.
65.75(b).
Sec. 65.91 undesignated Revise and integrate No impact.
paragraph. into Sec. 65.19
as new Sec.
65.19(b).
Sec. 65.92(a)............. Partially remove, No impact.
partially revise
and integrate into
Sec. 65.81 as new
Sec. 65.81(b)(1).
Sec. 65.92(b)(1).......... Remove, covered by No impact.
Sec. 65.15(a).
Sec. 65.92(b)(2)-(3)...... Revise and integrate No impact.
into Sec. 65.81
as new Sec.
65.81(b)(2).
Sec. 65.92(c)............. Remove, covered by No impact.
Sec. 65.15(c).
Sec. 65.93(a)............. Revise and integrate The change results
into Sec. 65.81 in cost savings of
as new Sec. Sec. $5.66 million at a
65.81(b)(1)-(2) and 7% present value
65.83(b)(1). (pv).
Sec. 65.93(a)(1)-(5)...... Revise and integrate No impact.
into Sec. 65.83
as new Sec.
65.83(b)(2)(i)-(v).
Sec. 65.93(b)............. Remove.............. No impact.
Sec. 65.93(c)............. Remove.............. No impact.
Sec. 65.93(d)............. Remove.............. No impact.
Sec. 65.95(a)............. Revise and add as No impact.
new Sec. 65.88.
Sec. 65.95(b)............. Revise and integrate One-time replacement
into Sec. 65.89 cost of $218,954 at
as new Sec. a 7% pv.
65.89(b).
[[Page 39923]]
Sec. 65.95(c)............. Revise and integrate No impact.
into Sec. 65.81
as new Sec.
65.81(b)(3).
------------------------------------------------------------------------
The following table summarizes the net cost savings to 21,264
mechanics and to FAA from reducing the paperwork requirements
associated with the current two-year renewal cycle.
Table 3--10 Year Net Savings
[in $millions]
----------------------------------------------------------------------------------------------------------------
3% Present value 7% Present value
----------------------------------------------------------------------------------------------------------------
Mechanics..................................................... $1.22 $1.01
FAA........................................................... 5.31 4.44
-------------------------------------------------
Total *................................................... 6.53 5.44
----------------------------------------------------------------------------------------------------------------
* Totals may differ due to rounding.
At a seven percent discount rate, mechanics who hold an IA would
realize a net savings of $1.01 million over 10 years and FAA would
realize a net savings of $4.44 million over 10 years. These savings
result from reduced paperwork costs for IA holders, who would no longer
need to fill out renewal forms, and reduced labor costs to FAA, which
would no longer need to process the renewals. The net savings subtracts
out a one-time cost of approximately $0.22 million at a seven percent
discount rate. This one-time cost includes the cost to the mechanics to
submit a simple online form requesting a replacement mechanic
certificate with an IR and to FAA for processing and sending out the
replacement mechanic certificate with an IR.
Table 3 shows the savings from eliminating the two-year IA renewal
requirement relative to the baseline. In other words, Table 3 contains
the eliminated estimated discounted cost for renewals that would occur
without the elimination of the renewal requirement.
Table 4--10 Year Savings From Eliminating IA Two Year Renewal Requirement
----------------------------------------------------------------------------------------------------------------
Baseline IA Mechanic Mechanic
Year renewals savings (3% savings (7% FAA savings FAA savings
forecast PV) PV) (3% PV) (7% PV)
----------------------------------------------------------------------------------------------------------------
2027............................ 21,264 $291,362 $280,470 $1,207,325 $1,162,192
2029............................ 21,394 276,318 246,473 1,144,984 1,021,315
2031............................ 21,524 262,040 216,588 1,085,822 897,482
2033............................ 21,654 248,491 190,320 1,029,680 788,635
2035............................ 21,784 235,635 167,232 976,404 692,964
-------------------------------------------------------------------------------
Total....................... 107,620 1,313,846 1,101,084 5,444,216 4,562,589
----------------------------------------------------------------------------------------------------------------
The analysis assumes that the final rule would be issued in
December 2026. Therefore, the cost savings from elimination of the
renewal requirement would begin with the renewals that would have
occurred in 2027 without the proposal. The baseline renewals forecast
uses the renewals data over the 14 years presented in Table 4 to
forecast in the average number of biannual renewals baseline renewals
that would occur without the proposal.
Table 5--Historical IA Renewals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 2009 2011 2013 2015 2017 2019 2021 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Renewals............................ 20,094 20,003 20,522 21,076 21,160 20,800 20,662 21,042
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: National Program Tracking and Reporting Subsystem (NPTRS) accessed 9-10-2024 through Safety Performance Analysis System (SPAS).
To estimate the cost savings of eliminating the renewal
requirement, FAA assumes that mechanics with an IA would save
approximately 15 minutes due to this proposal. FAA assumes mechanics
with an IA have a compensation rate of $56.45 per hour,\68\ including
wages and benefits. Thus, FAA estimates the cost savings per renewal
for IA holders of $14.11 ($56.45 multiplied by 0.25 hours). The total
undiscounted cost savings for 2027 is then calculated by multiplying
the cost savings per renewal for an IA holder ($14.11) by the number of
renewals in 2027 (21,264), or $300,035. Table 4 shows this value
discounted at three and seven percent.
[[Page 39924]]
FAA also assumes that a GS-13 step 5 FAA employee would spend 45
minutes processing an IA renewal application at a total compensation
rate of $77.98 per hour. Thus, FAA estimates FAA cost per renewal of
$58.48.\69\ Similar to the total undiscounted cost savings for
mechanics in 2027 calculation, the cost savings per renewal to FAA of
$58.48 is multiplied by the number of renewals in 2027 (21,264) to
arrive at $1,243,518. Table 4 also shows this value discounted at three
and seven percent.
These cost savings are netted with one time cost of issuing a
replacement mechanic certificate with IR. Table 6 shows the one-time
cost of replacing the mechanic certificate with a mechanic certificate
with an IR that would not require renewal under this proposal.
Table 6--One-Time Cost of Issuing Replacement Mechanic Certificate With IR
--------------------------------------------------------------------------------------------------------------------------------------------------------
IR costs IR costs (3% IR costs (7%
Year New IRs Cost per IR undiscounted PV) PV)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2027............................................................ 21,264 $11.02 $234,281 $227,457 $218,954
--------------------------------------------------------------------------------------------------------------------------------------------------------
Though the proposal allows mechanics with IAs two years to request
a replacement mechanic certificate, for simplicity, FAA assumes that
all 21,264 replacement mechanic certificates with an IR would be
requested in 2027. FAA estimates the cost of the physical mechanic
certificate with an IR would be approximately $2.20 per
certificate.\70\ FAA assumes it would take a mechanic approximately
five minutes to learn about and request the replacement mechanic
certificate with IR. The cost estimate uses the same mechanic hourly
compensation rate discussed above. Further, FAA assumes it spends five
minutes of document examiner time to review the application and issue
the replacement mechanic certificate with IR. The cost for this labor
time is $4.69. FAA calculated its labor cost of $4.13 per mechanic
certificate with IR based on an hourly compensation rate of $49.79 for
a GS-10 step 5 in the 2025 locality pay tables for the rest of the
U.S., including benefits equal to 36.25 percent of wages, multiplied by
0.08 hours.\71\ Therefore, the total cost per renewal is $11.02.\72\
The undiscounted total cost for renewal, shown in Table 6, is arrived
at by multiplying the cost per renewal, $11.02, by the total renewals,
21,264, or $234,281. The discounted cost totals are also shown in Table
6.
FAA finds that mechanics who hold an IA would realize a net cost
savings of $1.01 million over 10 years, discounted, and FAA would
realize a net cost savings of $4.44 million over 10 years, discounted.
These savings result from reduced paperwork costs for mechanics with an
IA replaced by an IR who would no longer need to fill out renewal forms
and reduced labor costs to FAA that would no longer need to process the
renewals. The net cost savings includes a minimal one-time cost of
approximately $0.22 million, discounted. This one-time cost covers the
cost to the mechanics to submit a simple online form requesting a
replacement mechanic certificate with an IR and to FAA for processing
and sending out the replacement mechanic certificate with an IR.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
FAA expects that the proposed replacement of an IA that requires
renewal every two years with an IR, which would not require renewal,
would not have a ``significant impact on a substantial number'' of
small entities. This proposal would save mechanics holding an IA time
by eliminating the administrative process associated with the renewal
requirement, which results in modest cost savings for each affected
mechanic. Therefore, FAA proposes to certify that the proposed rule
would not have a significant economic impact on a substantial number of
small entities. FAA welcomes comments on this cost assessment and
proposed certification.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
FAA does not anticipate that this proposal would create an
unnecessary obstacle to foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. FAA determined that the proposed rule would not result in
the expenditure of $193,000,000 or more ($100,000,000 adjusted for
inflation using the most current Implicit Price Deflator for the Gross
Domestic Product) by State, local, or Tribal governments, in the
aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
This action proposes a new one-time information collection under
OMB Control Number 2120-0022 as an online form for IA holders to
request a replacement mechanic certificate with an IR. This action also
proposes to
[[Page 39925]]
amend OMB Control Number 2120-0022 to reflect the elimination of the IA
renewal requirement and the addition of a recent experience record-
keeping requirement. After receipt of any comments, FAA will submit the
proposed information collection amendments to OMB as required by the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)).
Summary
The proposal would eliminate the requirement for mechanics with an
IA to renew their IA in March of every odd-numbered year. Under current
procedures, IA holders must be able to provide evidence with the
renewal application that they continue to meet the initial eligibility
requirements, as well as show fulfillment of the activity
requirements.\73\ The proposal would replace IAs with a mechanic
certificate with an IR, converting the IA renewal requirement to recent
experience requirements, thereby eliminating the renewal administrative
process. To replace the IA with a mechanic certificate with an IR, the
mechanic would fill out a one-time online form within two years of the
effective date of the final rule. The mechanic would continue to
maintain records of required recent experience for two years; however,
they would no longer have to submit this evidence with a renewal
application every two years.
As discussed in the preamble, the proposed changes would ensure
safety while reducing paperwork burdens.
Respondents (Including Number of)
21,264 Mechanics with IAs would request replacement
mechanic certificates with IRs.
An average of 21,500 mechanics with IRs would need to
maintain records for recent experience.
Frequency
Mechanic certificate with IR request would be one-time
between the effective date of the final rule and 24 months after.
Recent experience record keeping every year.
Annual Burden Estimates
The annual burden estimate for the one-time mechanic certificate
with IR request is listed in Table 6. It includes an estimated five
minutes of mechanic time, five minutes of FAA document examiner time,
and $2.20 materials cost per mechanic certificate with IR. The wage
data used for the calculations is presented with sources in Table 5.
Table 7--One-Time Annual Burden for Mechanic Certificate With IR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year Mechanic cost undiscounted FAA cost undiscounted Total cost undiscounted
--------------------------------------------------------------------------------------------------------------------------------------------------------
2027....................................................... $99,634 $134,647 $234,281
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 presents the cost-savings from elimination of the IA
renewal requirement. Table 7 presents the burden estimate for the
remaining recordkeeping requirement. As detailed previously in section
IV.A.7. of the preamble, the estimate assumes that mechanics with IR
ratings would still spend five minutes annually on record-keeping. The
estimate uses the same hourly compensation rate for mechanics used in
Table 3.
Table 8--Continuing Recordkeeping Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average number of mechanics with IR Time burden per mechanic (hours) Hourly compensation rate Total annual burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
21,500............................................... 0.08 $56.45 $101,146
--------------------------------------------------------------------------------------------------------------------------------------------------------
FAA is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of FAA, including
whether the information would have practical utility;
(2) Evaluate the accuracy of FAA's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by August 31, 2026. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Office Building, Room 10202, 725 17th Street NW,
Washington, DC 20053.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
G. Environmental Analysis
The Department has analyzed the environmental impacts of this
notice of proposed rulemaking pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). FAA has determined
this proposal rule is categorically excluded pursuant to FAA Order
1050.1G. Categorical exclusions are categories of actions FAA has
determined normally do not significantly affect the quality of the
human environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS).\74\ In
analyzing the applicability of a categorical exclusion, FAA must also
consider whether extraordinary circumstances are present that would
warrant the preparation of an EA or EIS.\75\ This rulemaking, which
would change a mechanic inspection authorization into an inspection
rating, is categorically excluded pursuant to FAA Order 1050.1G,
Appendix B, Paragraph B-2.6(f), which categorically excludes issuance
of regulatory documents. FAA does not anticipate any environmental
impacts, and there are no extraordinary
[[Page 39926]]
circumstances present in connection with this rulemaking.
VI. E.O. Determinations
A. E.O. 13132, Federalism
FAA has analyzed this proposed rule under the principles and
criteria of E.O. 13132, Federalism. FAA has determined this action
would not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have federalism implications.
B. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
Consistent with E.O. 13175, Consultation and Coordination with
Indian Tribal Governments,\76\ and FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation Policy and Procedures,\77\ FAA
ensures Federally Recognized Tribes (Tribes) are given the opportunity
to provide meaningful and timely input regarding proposed Federal
actions that have the potential to affect uniquely or significantly
their respective Tribes. At this point, FAA has not identified any
unique or significant effects, environmental or otherwise, on Tribes
resulting from this proposed rule.
C. E.O. 13211, Regulations That Significantly Affect Energy Supply,
Distribution, or Use
FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). FAA has determined it would not be
a ``significant energy action'' under the E.O. and would not be likely
to have a significant adverse effect on the supply, distribution, or
use of energy.
D. E.O. 13609, Promoting International Regulatory Cooperation
E.O. 13609, Promoting International Regulatory Cooperation,
promotes international regulatory cooperation to (1) meet shared
challenges involving health, safety, labor, security, environmental,
and other issues and to reduce, eliminate, or (2) prevent unnecessary
differences in regulatory requirements. FAA has analyzed this action
under the policies and agency responsibilities of E.O. 13609 and has
determined this action would have no effect on international regulatory
cooperation.
E. E.O. 14192, Unleashing Prosperity Through Deregulation
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.
VII. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. FAA also invites comments
relating to the economic, environmental, energy, or federalism impacts
that might result from adopting the proposals in this document. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only one time if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rule. Before acting on this proposal, FAA will
consider all comments it receives on or before the closing date for
comments. FAA will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
FAA may change this proposal in light of the comments it receives.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
is relevant or responsive to this NPRM, it is important you clearly
designate the submitted comments as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to the person in the FOR FURTHER INFORMATION CONTACT section of
this document. Any commentary FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at www.regulations.gov using
the docket number listed above. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at FAA's Regulations and
Policies website at www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Requesters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(Pub. L. 104 121, 110 Stat. 857, Mar. 29, 1996) requires FAA to comply
with small entity requests for information or advice about compliance
with statutes and regulations within its jurisdiction. A small entity
with questions regarding this document may contact its local FAA
official, or the person listed under the FOR FURTHER INFORMATION
CONTACT heading at the beginning of the preamble. To find out more
about SBREFA on the internet, visit www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
Endnotes
\1\ See section IV.A.7. for greater detail about FAA's risk
evaluation in converting the renewal requirements into recent
experience requirements.
\2\ 14 CFR 65.85(a).
\3\ 14 CFR 65.87(a).
\4\ 14 CFR 1.1. A major repair is a repair that, (1) if
improperly done, might appreciably affect weight, balance,
structural strength, performance, powerplant operation, flight
characteristics, or other qualities affecting airworthiness; or (2)
that is not done according to accepted practices or cannot be done
by elementary operations. A major
[[Page 39927]]
alteration is an alteration not listed in the aircraft, aircraft
engine, or propeller specifications that (1) might appreciably
affect weight, balance, structural strength, performance, powerplant
operation, flight characteristics, or other qualities affecting
airworthiness; or (2) that is not done according to accepted
practices or cannot be done by elementary operations.
\5\ Undesignated text in Sec. 65.91 also restricts an applicant
who fails such written test from applying for retesting until at
least 90 days after the date of failure.
\6\ 14 CFR 65.92(a).
\7\ Part 24-Mechanic and Repairman Certificates, Elimination of
Annual Inspection of General Aircraft, 21 FR 2586 (Apr. 20, 1956).
\8\ Addition of Subchapter, 27 FR 7954 (Aug. 6, 1962).
\9\ Part 65--Certification: Airmen Other Than Flight
Crewmembers, Inspection Authorization, 42 FR 46278 (Sep. 15, 1977).
\10\ Id. at 46279.
\11\ Inspection Authorization, Eligibility and Operational
Requirements, NPRM, 38 FR 3410 (Feb. 6, 1973).
\12\ 42 FR at 46279.
\13\ Issuance and Renewal of Inspection Authorization, final
rule, 50 FR 15700 (Apr. 19, 1985).
\14\ Inspection Authorization 2-YearRenewal direct final rule;
confirmation of effective date, 72 FR 35151 (Jun. 27, 2007). See
also, Inspection Authorization 2-Year Renewal direct final rule,
request for comments, 72 FR 4400 (Jan. 30, 2007).
\15\ Policy Clarifying Definition of ``Actively Engaged'' for
Purposes of Inspector Authorization notice of proposed policy,75 FR
68249 (Nov. 5, 2010).
\16\ Policy Clarifying Definition of ``Actively Engaged'' for
Purposes of Inspector Authorization notice of policy; disposition of
comments, 76 FR 47058 (Aug.4, 2011).
\17\ Table 2:10 Year Net Savings in Millions of Dollars. See
regulatory impact analysis discussion in section V.A of the
preamble.
\18\ Source: FAA Airmen Certification Branch.
\19\ Removal of Expiration Date on a Flight Instructor
Certificate: Additional Qualification Requirements to Train Initial
Flight Instructor Applicants; and Other Provision, final rule, 89 FR
80020 (Oct. 1, 2024).
\20\ 14 CFR 65.91(c)(1).
\21\ 14 CFR 65.95(a).
\22\ Proposed Sec. 65.81(b) would set forth IR limitations;
proposed Sec. 65.83(b) would set forth the IR recent experience
requirements. These proposals are further discussed in section
IV.A.6 and IV.A.7 of this preamble, respectively.
\23\ 14 CFR 65.81(b).
\24\ The reinstatement of privileges after recent experience
lapse is further discussed in section IV.A.7.iii of this preamble.
\25\ See www.amsrvs.registry.faa.gov/amsrvs.
\26\ 49 U.S.C. 44703, 44709. The Pilots Bill of Rights provided
with the IA application, FAA Form 8610-1, states that the
information submitted on this form will be used by the Administrator
of FAA as part of the basis for issuing an airmen certificate,
rating, or inspection authorization under 49 U.S.C. 44703(a).
\27\ 49 U.S.C. 44703, 44709.
\28\ 76 FR 47058.
\29\ The NTSB has reviewed actions on IA applications in the
past. See, e.g., Whetsel, 4 NTSB 1863 (1984), Petition of Deville,
NTSB Order No. EA-5095 (2004). In addition, FAA Order 2150.3C, FAA
Compliance and Enforcement Program, treats an action on an IA
application as appealable to the NTSB.
\30\ The primary purpose of the notice of policy was to provide
notice that FAA clarified the definition of ``actively engaged'' for
the purposes of application and renewal of an IA and update FAA
Order 8900.1 to reflect the clarified definition. This clarified
definition remains correct. Therefore, FAA is only correcting the
portion of the notice as it applies to the discussion of actions on
an IA application.
\31\ 14 CFR 65.71(a)(2). An applicant for a mechanic certificate
that does not read, write, speak, or understand English, but is
employed outside of the United States by a U.S. air carrier, have
his certificate endorsed ``Valid outside the United States.''
\32\ As previously stated, an applicant for an IA must hold a
currently effective mechanic certificate with both an airframe
rating and a powerplant rating, each of which is currently effective
and has been in effect for a total of at least 3 years; therefore,
applicants for an IA will have de facto met eligibility requirements
in current Sec. 65.71.
\33\ See Legal Interpretation to Sean Conlin (Feb. 2000).
\34\ The three years do not have to be consecutive; the 1985
rulemaking revised the regulation to remove the prior continuously
effective requirement, discussed in section III.A of the preamble.
For example, a suspension in the prior 3 years is not disqualifying
for an IA so long as the applicant's mechanic certificate and A&P
ratings are currently effective and have been in effect for a
cumulative total of three years.
\35\ FAA Order 8900.1, volume 1, chapter 5, provides a
definition of ``actively engaged.'' See 76 FR 47058. ``Actively
engaged'' means having an active role in exercising the privileges
of a mechanic certificate with A&P ratings in the maintenance of
certificated 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. FAA will
continue to use the same definition of ``actively engaged'' as
outlined in this notice of policy and revised in FAA Order 8900.1.
FAA recognizes the notice refers to an inspection authorization and
the associated regulations, which this proposal would eliminate.
However, the definition of ``actively engaged'' would apply without
revision to the proposed inspection rating, and FAA Order 8900.1
would be updated for the updated terminology of ``inspection
rating.''
\36\ 14 CFR 65.75(c) permits an applicant for a mechanic
certificate or rating to take the mechanic general written test
prior to meeting the applicable experience requirements of Sec.
65.77, provided the applicant presents an authenticated document
from a certificated aviation maintenance technician school that
demonstrates satisfactory completion of the general portion of the
school's curriculum and specifies the completion date.
\37\ FAA Order 8900.1, volume 5, chapter 5, section 7.
\38\ 14 CFR 24.43-1 (1956).
\39\ The privileges and responsibilities of the IA in comparison
to the A&P ratings is discussed in the introduction to section III
of the preamble.
\40\ Learning Statement Reference Guide for Airmen Knowledge
Testing, available at www.faa.gov/training_testing/testing/media/
LearningStatementReferenceGuide.pdf.
\41\ FAA Order 8900.1, volume 5, chapter 5, section 8, paragraph
5-1314C.
\42\ Aviation Maintenance Technician Schools, interim final
rule, 87 FR 31391 (May 24, 2022).
\43\ Airman Certification Standards and Practical Test Standards
for Airmen; Incorporation by Reference final rule, 89 FR 22482 (Apr.
1, 2024).
\44\ The APA includes requirements for publishing notices and
providing opportunities for public comment of proposed and final
rules in the Federal Register. See 5 U.S.C. 553(b).
\45\ 5 U.S.C. 552(a), which states, ``except to the extent that
a person has actual or timely notice of the terms thereof, a person
may not in any manner be required to resort to, or be adversely
affected by, a matter required to be published in the Federal
Register and not so published. For the purpose of this paragraph,
matter reasonably available to the class of persons affected thereby
is deemed published in the Federal Register when incorporated by
reference therein with the approval of the Director of the Federal
Register.''
\46\ Section 552(a) requires that matter incorporated by
reference be ``reasonably available'' as a condition of its
eligibility. Further, 1 CFR 51.5(b)(2) requires that agencies
seeking to incorporate material by reference discuss in the preamble
of the final rule, the ways that the material it incorporates by
reference are reasonably available to interested parties, and how
interested parties can obtain the material.
\47\ See 87 FR 31391 (adopting new Sec. 65.23 with the Mechanic
ACS and PTS) and 89 FR 22482 (adding the Aircraft Dispatcher PTS and
Parachute Rigger PTS).
\48\ See Sec. 61.91.
\49\ FAA acknowledges that the Modernization of Special
Airworthiness Certification (MOSAIC) rulemaking also proposes
amendments to Sec. 65.81. See MOSAIC, NPRM, 88 FR 47650 (Jul. 24,
2023). If adopted, this final rule will reconcile any changes to
this regulation consistent with those made with in the MOSAIC final
rule.
\50\ This proposal would relocate Sec. 65.91(c)(3) and (4) to
Sec. 65.71(b)(3) and (4), discussed in section IV.A.2 of the
preamble.
\51\ Part 91 governs the general operating and flight rules,
part 129 governs the operations of foreign air carriers and foreign
operators of U.S.-registered aircraft engaged in common carriage,
and part 135 governs the operations and persons on board commuter
and on demand operations.
\52\ These options are: served as a mechanic under his
certificate and rating; technically supervised other mechanics;
supervised, in an executive capacity, the maintenance or
[[Page 39928]]
alteration of aircraft; or been engaged in a combination of any of
those options.
\53\ As previously stated, this is also consistent with other
airman certificates, such as recent flight experience requirements
for pilots in command (Sec. 61.57) and certificated flight
instructors (Sec. 61.197).
\54\ This hypothetical assumes that the certificated mechanic
has had their IR for more than a year and the proposed rule became
effective more than six months prior to June 2027.
\55\ Legal Interpretation to Jerry Rhein (March 17, 1995).
\56\ In this hypothetical, FAA assumes that the final rule has
been in effect for more than a year.
\57\ 14 CFR 65.93(a).
\58\ Id.
\59\ 38 FR 3410.
\60\ See 42 FR 46278.
\61\ Inspection Authorization Information Guide, available at
www.faa.gov/training_testing/testing/ia_info_guide.pdf.
\62\ 89 FR 80020.
\63\ See section IV.A.7 of the preamble for a detailed
discussion.
\64\ Section 1.1. Examples include: single engine; multiengine;
land; water; gyroplane; helicopter; airship; and free balloon.
\65\ Id. Examples include: airplane; rotorcraft; glider;
balloon; landplane; and seaplane.
\66\ Section 1.1 defines category, as used with respect to the
certification, ratings, privileges, and limitations of airmen, as a
broad classification of aircraft. Examples include: airplane;
rotorcraft; glider; and lighter-than-air.
\67\ 88 FR 47650, 47694.
\68\ Source: U.S. Bureau of Labor Statistics, Occupational
Employment and Wage Statistics, May 2024, 49-3011 Aircraft Mechanics
and Service Technicians. Accessed 4-10-2025 at: www.bls.gov/oes/
2024/may/oes493011.htm. To calculate hourly compensation, FAA used
the BLS estimate that benefits are 29.5% of total compensation.
Accessed 4-10-2025 at: www.bls.gov/news.release/archives/
ecec_03142025.pdf.
\69\ Based on GS-13 step 5 hourly wage of $57.23 in the 2025
locality pay table for the rest of the U.S. To obtain the total
hourly compensation rate the analysis multiplies the hourly wage by
1.3625 to reflect government benefits equal to 36.25% of wages.
www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-
tables/25Tables/html/RUS_h.aspx. Memorandum for the Heads of
Executive Departments and Agencies, Office of Management and Budget,
March 11, 2008. www.obamawhitehouse.archives.gov/sites/default/
files/omb/assets/omb/memoranda/fy2008/m08-13.pdf.
\70\ These cost estimates are based off data from FAA's
Comprehensive Airmen Information System.
\71\ Based on GS-10 step 5 hourly wage of $36.54 in the 2025
locality pay table for the rest of the U.S. To obtain the total
hourly compensation rate the analysis multiplies the hourly wage by
1.3625 to reflect government benefits equal to 36.25% of wages.
www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-
tables/25Tables/html/RUS_h.aspx. www.obamawhitehouse.archives.gov/
sites/default/files/omb/assets/omb/memoranda/fy2008/m08-13.pdf
Memorandum for the Heads of Executive Departments and Agencies,
Office of Management and Budget, March 11, 2008.
\72\ $2.20 + $4.69 + $4.13 = $11.02.
\73\ Section 65.93(a).
\74\ See DOT Order 5610.1D Sec. 9.
\75\ Id. Sec. 9(b).
\76\ 65 FR 67249 (Nov. 6, 2000).
\77\ FAA Order No. 1210.20 (Jan.28, 2004), available at
www.faa.gov/documentLibrary/media/1210.pdf.
List of Subjects
14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 61
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Aviation safety, Drug abuse, Reporting and recordkeeping requirements,
Security measures.
14 CFR Part 91
Afghanistan, Agriculture, Air carriers, Air taxis, Air traffic
control, Aircraft, Airmen, Airports, Alaska, Aviation safety, Canada,
Charter flights, Cuba, Drug traffic control, Ethiopia, Freight, Iran,
Iraq, Libya, Mexico, Noise control, North Korea, Political candidates,
Reporting and recordkeeping requirements, Security measures, Somalia,
Syria, Transportation, Yemen, Yugoslavia.
14 CFR Part 147
Aircraft, Airmen, Educational facilities, Reporting and
recordkeeping requirements, Schools.
The Proposed Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
0
1. The authority citation for part 43 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f),, 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. Amend Sec. 43.7 by revising paragraph (b) to read as follows:
Sec. 43.7 Persons authorized to approve aircraft, airframes, aircraft
engines, propellers, appliances, or component parts for return to
service after maintenance, preventive maintenance, rebuilding, or
alteration.
* * * * *
(b) The holder of a mechanic certificate may approve an aircraft,
airframe, aircraft engine, propeller, appliance, or component part for
return to service as provided in Part 65 of this chapter.
* * * * *
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
3. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307, Pub. L.
114-190, 130 Stat. 615 (49 U.S.C. 44703 note); sec. 318, Pub. L.
115-254, 132 Stat. 3186 (49 U.S.C. 44703 note); sec. 820, Pub. L.
118-63, 138 Stat. 1330 (49 U.S.C. 44939 note); secs. 815 and 828,
Pub. L. 118-63, 138 Stat. 1328, 1336 (49 U.S.C. 44703 note).
0
4. Amend Sec. 61.40 by revising paragraphs (a), (a)(6), (b)(2)(i), and
(b)(3) to read as follows:
Sec. 61.40 Relief for U.S. Military and civilian personnel who are
assigned outside the United States in support of U.S. Armed Forces
operations.
(a) Relief. A person who satisfies the requirements of paragraph
(b) of this section may use the following documents to demonstrate
eligibility to renew a flight instructor certificate, establish recent
flight instructor experience, or take a practical test, as appropriate:
* * * * *
(6) An expired written test report to show eligibility to take a
practical test required under part 65 of this chapter.
(b) * * *
(2) * * *
(i) The person's flight instructor certificate issued before
December 1, 2024, or airman written test report expired; or
(ii) * * *
(3) The person complies with Sec. 61.197 of this chapter, as
appropriate, or completes the appropriate practical test within 6
calendar months after returning to the United States.
* * * * *
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
5. The authority citation of part 65 continues to read as follows:
[[Page 39929]]
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
6. Revise Sec. 65.11(a) to read as follows:
Sec. 65.11 Application and issue.
(a) Application for a certificate and appropriate rating, or for an
additional rating, under this part must be made on a form and in a
manner prescribed by the Administrator. Each person who applies for
airmen certification services to be administered outside the United
States or for any certificate or rating issued under this part must
show evidence that the fee prescribed in appendix A of part 187 of this
chapter has been paid.
* * * * *
0
7. Revise Sec. 65.19 to read as follows:
Sec. 65.19 Retesting after failure.
(a) Except as specified in paragraph (b) of this section, an
applicant for a written, oral, or practical test for a certificate and
rating, or for an additional rating under this part, may apply for
retesting--
(1) After 30 days after the date the applicant failed the test; or
(2) Before the 30 days have expired if the applicant presents a
signed statement from an airman holding the certificate and rating
sought by the applicant, certifying that the airman has given the
applicant additional instruction in each of the subjects failed and
that the airman considers the applicant ready for retesting.
(b) An applicant who fails the written test for an inspection
rating prescribed by Sec. 65.75(b) of this part may not apply for
retesting until at least 90 days after the date of the failed test.
0
8. Amend Sec. 65.23 by adding paragraph (a)(4) to read as follows.
Sec. 65.23 Incorporation by reference.
* * * * *
(a) * * *
(4) FAA-S-ACS-34, Aviation Mechanic Inspection Rating Certification
Standards, (insert approval date), IBR approved for Sec. Sec. 65.75
and 65.83.
* * * * *
0
9. Revise Sec. 65.71 to read as follows:
Sec. 65.71 Eligibility requirements: General.
(a) Airframe or Powerplant Rating.
(1) To be eligible for a mechanic certificate with an airframe or
powerplant rating, or both, a person must--
(i) Be at least 18 years of age;
(ii) Be able to read, write, speak, and understand the English
language, or in the case of an applicant who does not meet this
requirement and who is employed outside of the United States by a U.S.
air carrier, have his certificate endorsed ``Valid only outside the
United States;''
(iii) Have passed all of the prescribed tests within a period of 24
calendar months; and
(iv) Comply with the sections of this subpart that apply to the
rating the applicant seeks.
(2) A certificated mechanic who applies for an additional airframe
or powerplant rating must meet the requirements of Sec. 65.77 and,
within a period of 24 calendar months, pass the tests prescribed by
Sec. Sec. 65.75(a) and 65.79 for the additional rating sought, except
as provided in Sec. 65.75(a)(4).
(b) Inspection Rating. To be eligible for an inspection rating on a
person's mechanic certificate, a person must--
(1) Hold a mechanic certificate with both an airframe rating and a
powerplant rating currently effective in accordance with Sec. 65.15(a)
of this part and has been in effect for a total of at least 3 years;
(2) Have been actively engaged, for at least the 24 calendar month
period before the date of application, in maintaining aircraft
certificated and maintained in accordance with this chapter;
(3) Have a fixed base of operations where he may be located in
person or by telephone during a normal working week but it need not be
the location where the privileges of the inspection rating will be
exercised;
(4) Have available to him the equipment, facilities, and inspection
data necessary to inspect airframes, powerplants, propellers, or any
related part or appliance properly; and
(5) Comply with the sections of this subpart that apply to the
rating the applicant seeks.
0
10. Amend Sec. 65.73 by adding paragraphs (a)(3), (c), (d), and (e) to
read as follow:
Sec. 65.73 Ratings.
(a) * * *
(3) Inspection.
(b) * * *
(c) A certificated mechanic with an inspection authorization that
was valid on [EFFECTIVE DATE OF THE FINAL RULE] may exercise the
privileges of an inspection rating in accordance with Sec. 65.88 until
[24 MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE] if they comply with
the limitations and recent experience requirements prescribed in
Sec. Sec. 65.81(b) and 65.83(b).
(d) A certificated mechanic with an inspection authorization valid
on [EFFECTIVE DATE OF THE FINAL RULE] is entitled to a replacement
mechanic certificate with an inspection rating.
(e) A certificated mechanic with an inspection authorization that
was valid on [EFFECTIVE DATE OF THE FINAL RULE] that has not obtained a
replacement mechanic certificate as described in paragraph (d) of this
section may not exercise the privileges of an inspection rating after
[24 MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE]. After this date, a
person may resume exercising the privileges of an inspection rating
once they have obtained a mechanic certificate with an inspection
rating and comply with the limitations and recent experience
requirements prescribed in Sec. Sec. 65.81(b) and 65.83(b).
0
11. Effective [24 MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE], amend
Sec. 65.73 further by:
0
a. removing paragraph (c); and
0
b. redesignating paragraphs (d) and (e) as paragraphs (c) and (d) to
read as follows:
Sec. 65.73 Ratings.
* * * * *
(b) * * *
(c) A certificated mechanic with an inspection authorization valid
on [EFFECTIVE DATE OF THE FINAL RULE] is entitled to a replacement
mechanic certificate with an inspection rating.
(d) A certificated mechanic with an inspection authorization that
was valid on [EFFECTIVE DATE OF THE FINAL RULE] that has not obtained a
replacement mechanic certificate as described in paragraph (d) of this
section may not exercise the privileges of an inspection rating after
[24 MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE]. After this date, a
person may resume exercising the privileges of an inspection rating
once they have obtained a mechanic certificate with an inspection
rating and comply with the limitations and recent experience
requirements prescribed in Sec. Sec. 65.81(b) and 65.83(b).
0
12. Revise Sec. 65.75 to read as follows:
Sec. 65.75 Knowledge requirements.
(a) Airframe or Powerplant Rating. Applicants for a mechanic
certificate with an airframe or powerplant rating, or both, or
applicants for an additional airframe or powerplant rating:
(1) Must, except as specified in paragraph (a)(3) of this section,
after meeting the applicable experience requirements of Sec. 65.77,
pass a written test, appropriate to the rating sought, which includes
the aeronautical knowledge subject areas contained in
[[Page 39930]]
the Aviation Mechanic General, Airframe, and Powerplant Airman
Certification Standards (incorporated by reference, see Sec. 65.23),
as appropriate to the rating sought.
(2) Must pass each section of the test before applying for the oral
and practical tests prescribed by Sec. 65.79. A report of the written
test is sent to the applicant.
(3) May take the mechanic general written test prior to meeting the
applicable experience requirements of Sec. 65.77, provided the
applicant presents an authenticated document from a certificated
aviation maintenance technician school that demonstrates satisfactory
completion of the general portion of the school's curriculum and
specifies the completion date.
(4) Are eligible to take a practical test for a mechanic
certificate or rating under this part with an expired written test
report in accordance with Sec. 61.40 of this chapter.
(b) Inspection Rating. Applicants for an inspection rating must--
(1) Receive an endorsement from a representative of the
Administrator that the applicant meets the requirements of Sec.
65.71(b)(1) through (4) and has not attempted the inspection rating
written test within the previous 90 days; and
(2) Within 30 days of receiving the endorsement set forth in
paragraph (b)(1) of this section, pass a written test, which includes
the aeronautical knowledge subject areas contained in the Aviation
Mechanic Inspection Rating Airman Certifications Standards
(incorporated by reference, see Sec. 65.23).
0
13. Amend Sec. 65.77 by revising the introductory text to read as
follows:
Sec. 65.77 Experience requirements.
Each applicant for a mechanic certificate with an airframe or
powerplant rating, or both, or an additional airframe or powerplant
rating must present either--
* * * * *
0
14. Revise Sec. 65.79 to read as follows:
Sec. 65.79 Skills requirements.
Each applicant for a mechanic certificate with an airframe or
powerplant rating, or both, or an additional airframe or powerplant
rating must pass an oral test and a practical test, as appropriate to
the rating sought, by demonstrating satisfactory understanding of the
knowledge, risk management, and skill elements for each subject
contained in the Aviation Mechanic General, Airframe, and Powerplant
Airmen Certification Standards (incorporated by reference, see Sec.
65.23), as appropriate to the rating sought.
0
15. Revise Sec. 65.81 to read as follows:
Sec. 65.81 Privileges and limitations.
(a) General Privileges and Limitations.
(1) A certificated mechanic may perform or supervise the
maintenance, preventive maintenance or alteration of an aircraft or
appliance, or a part thereof, for which he is rated (but excluding
major repairs to, and major alterations of, propellers, and any repair
to, or alteration of, instruments), and may perform additional duties
in accordance with Sec. Sec. 65.85, 65.87, and 65.88. However, he may
not supervise the maintenance, preventive maintenance, or alteration
of, or approve for return to service, any aircraft or appliance, or
part thereof, for which he is rated unless he has satisfactorily
performed the work concerned at an earlier date. If he has not so
performed that work at an earlier date, he may demonstrate the ability
to do it by performing it to the satisfaction of the Administrator or
under the direct supervision of a certificated and appropriately rated
mechanic, or a certificated repairman, who has had previous experience
in the specific operation concerned.
(2) A certificated mechanic may not exercise the privileges of his
certificate and rating(s) unless he understands the current
instructions of the manufacturer, and the maintenance manuals, for the
specific operation concerned.
(b) Inspection Rating Limitations.
(1) A certificated mechanic with an inspection rating may exercise
the privileges of that rating only while he holds a mechanic
certificate with both airframe and powerplant ratings that are
effective in accordance with Sec. 65.15(a).
(2) A certificated mechanic with an inspection rating may not
exercise the privileges of the rating if that person does not meet the
requirements of Sec. 65.71(b)(3) and (4).
(3) If a certificated mechanic with an inspection rating changes
his fixed base of operation required by Sec. 65.71(b)(3), he must
notify, in writing, the responsible Flight Standards office or
International Field Office for the area in which the new base is
located before exercising the privileges of the inspection rating.
0
16. Revise Sec. 65.83 to read as follows:
Sec. 65.83 Recent experience requirements.
(a) Airframe or Powerplant Rating. A certificated mechanic may not
exercise the privileges of his certificate and rating unless, within
the preceding 24 months--
(1) The Administrator has found that he is able to do that work; or
(2) He has, for at least 6 months--
(i) Served as a mechanic under his certificate and rating;
(ii) Technically supervised other mechanics;
(iii) Supervised, in an executive capacity, the maintenance or
alteration of aircraft; or
(iv) Been engaged in any combination of paragraph (a)(2)(i), (ii),
or (iii) of this section.
(b) Inspection Rating.
(1) A person may not exercise the privileges of the inspection
rating unless they have been actively engaged in maintaining aircraft
certified and maintained in accordance with this chapter for the 24
calendar month period prior to when they exercise their inspection
rating privileges.
(2) Except as provided in (b)(3) and (7) of this section, no person
may exercise the privileges of the inspection rating unless within the
previous 12 calendar months one of the following activities has been
completed:
(i) Performed at least four annual inspections;
(ii) Performed at least eight major repairs or major alterations,
including any combination thereof;
(iii) Performed or supervised and approved at least one progressive
inspection in accordance with standards prescribed by the
Administrator;
(iv) Attended and successfully completed a refresher course,
acceptable to the Administrator, of not less than 8 hours of
instruction; or
(v) Passed an oral test by an FAA inspector, which includes the
aeronautical knowledge subject areas contained in the Aviation Mechanic
Inspection Rating Airman Certification Standards (incorporated by
reference, see Sec. 65.23), to determine that the applicant's
knowledge of applicable regulations and standards is current.
(3) A person does not have to meet the requirements of paragraph
(b)(2) of this section to exercise the privileges of the inspection
rating during the 12 calendar months following original issuance of the
inspection rating. Replacement of a mechanic certificate for a mechanic
certificate with an inspection rating under Sec. 65.73(d) or (e) is
not considered an original issuance of the inspection rating.
(4) A certificated mechanic with an inspection rating who does not
meet the requirements set forth in paragraph (b)(2) of this section may
not exercise the privileges of the rating, until they have:
(i) Attended and successfully completed a refresher course(s),
acceptable to the Administrator, of not less than 8 hours of
instruction; or
[[Page 39931]]
(ii) Passed an oral test from an FAA inspector, which includes the
aeronautical knowledge subject areas contained in the Aviation Mechanic
Inspection Rating Airman Certification Standards (incorporated by
reference, see Sec. 65.23), to determine that the applicant's
knowledge of the applicable regulations and standards is current.
(5) A certificated mechanic with inspection rating who completes
the requirements of paragraph (b)(4) of this section is deemed to have
completed the requirements of paragraph (b)(2) of this section.
(6) A certificated mechanic with inspection rating must maintain
records to demonstrate completion of the recent experience requirements
in paragraphs (b)(1) through (b)(4) of this section, as applicable, and
present them to a representative of the Administrator upon request. The
records must be retained for at least 2 years.
(7) If a person holds a valid inspection authorization on
[EFFECTIVE DATE OF THE FINAL RULE], the person is not required to meet
the requirements of paragraph (b)(2) until [SIX MONTHS AFTER EFFECTIVE
DATE OF THE FINAL RULE].
0
17. Effective [SIX MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE],
amend Sec. 65.83 further by:
0
a. removing ``and (7)'' from paragraph (b)(2); and
0
b. removing paragraph (b)(7) to read as follows:
Sec. 65.83 Recent experience requirements.
* * * * *
(b) * * *
(2) Except as provided in (b)(3) of this section, no person may
exercise the privileges of the inspection rating unless within the
previous 12 calendar months one of the following activities has been
completed:
* * * * *
0
18. Add Sec. 65.88 to read as follows:
Sec. 65.88 Inspection rating; additional privileges.
A certificated mechanic with an inspection rating may--
(a) Inspect and approve for return to service any aircraft or
related part or appliance (except any aircraft maintained in accordance
with a continuous airworthiness maintenance program under parts 91,
121, 129, or 135 of this chapter) after a major repair or major
alteration to it in accordance with part 43 of this chapter, if the
work was done in accordance with technical data approved by the
Administrator; and
(b) Perform an annual inspection, or perform or supervise a
progressive inspection according to Sec. Sec. 43.13 and 43.15 of this
chapter.
0
19. Amend Sec. 65.89 by redesignating the introductory text as
paragraph (a) and adding paragraph (b) to read as follows:
Sec. 65.89 Display of certificate.
(a) Each person who holds a mechanic certificate shall keep it
within the immediate area where he 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.
(b) Each person exercising the privileges of a mechanic certificate
with an inspection rating that has not yet obtained a replacement
mechanic certificate with inspection rating per Sec. 65.73(d) must,
upon request of the Administrator or an authorized representative of
the National Transportation Safety Board, or of any Federal, State, or
local law enforcement officer, present documentary evidence of an
inspection authorization that was valid on [EFFECTIVE DATE OF THE FINAL
RULE].
0
20. Effective [24 MONTHS AFTER EFFECTIVE DATE OF THE FINAL RULE], amend
Sec. 65.89 further by:
0
a. removing paragraph (b); and
0
b. redesignating paragraph (a) as an independent paragraph under Sec.
65.89 to read as follows:
Sec. 65.89 Display of certificate.
Each person who holds a mechanic certificate shall keep it within
the immediate area where that 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.
0
21. Remove and reserve Sec. 65.91.
Sec. 65.91 [Removed and Reserved]
0
22. Remove and reserve Sec. 65.92.
Sec. 65.92 [Removed and Reserved]
0
23. Remove and reserve Sec. 65.93.
Sec. 65.93 [Removed and Reserved]
0
24. Remove and reserve Sec. 65.95.
Sec. 65.95 [Removed and Reserved]
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
25. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120,
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,
47528-47531, 47534; Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703
note); Sec. 828 of Pub. L. 118-63, 138 Stat. 1330 (49 U.S.C. 44703
note); articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
0
26. Amend Sec. 91.409 by revising paragraph (d)(1) to read as follows:
* * * * *
(d) * * *
(1) A certificated mechanic eligible to exercise the privileges of
an inspection rating, a certificated airframe repair station, or the
manufacturer of the aircraft to supervise or conduct the progressive
inspection;
* * * * *
PART 147--AVIATION MAINTENANCE TECHNICAIN SCHOOLS
0
27. The authority citation for part 147 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44702, 44707-44709;
Sec. 135, Pub. L. 116-260, 134 Stat. 1182.
0
28. Amend Sec. 147.5 by revising paragraph (b)(2) to read as follows:
* * * * *
(b) * * *
(1) * * *
(2) A description of the manner in which the school's curriculum
will ensure the student has the knowledge and skills necessary for
attaining a mechanic certificate and associated airframe or powerplant
rating, or both, under subpart D of part 65 of this chapter;
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Hugh J. Thomas,
Executive Director, Flight Standards Service.
[FR Doc. 2026-13282 Filed 6-30-26; 8:45 am]
BILLING CODE 4910-13-P