Policy Clarifying Definition of “Actively Engaged” for Purposes of Inspector Authorization, 68249-68251 [2010-27834]

Download as PDF Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules (1) Replace the fuel pump electrical connector assembly having part number (P/ N) 60–84355–1 with new P/N 60–84351; or (2) Do the actions required by paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. (i) Using a digital multi-meter, do a continuity, resistance, and insulation resistance inspection from the terminal strip through the fuel boost/transfer pump; and all applicable corrective actions specified in the service bulletin. Do all applicable corrective actions before further flight. (ii) Except as required by paragraph (i) of this AD, within 12 months after accomplishing the inspection required by paragraph (g)(2)(i) of this AD: Replace the fuel pump electrical connector assembly having part number (P/N) 60–84355–1 with a new fuel pump electrical connector assembly having P/N 60–84351. 68249 (h) Before further flight after installing the new fuel pump electrical connector assembly, insert the applicable Interim Operating Procedure regarding abnormal operations for failure of the fuel pump housing electrical connector into the Procedures section of the applicable airplane flight manual, in accordance with the applicable bulletin identified in Table 1 of this AD. TABLE 1—BULLETINS Bulletin— Dated— To the— Boeing DC–10 Operations Bulletin 2–001B .................................. January 25, 2010 ........................ Boeing MD–10 FCOM Advisory Bulletin 2–01B ............................ Boeing MD–11 FCOM Advisory Bulletin 2–05C ............................ January 25, 2010 ........................ January 25, 2010 ........................ Boeing DC–10 Flight Crew Operating Manual (FCOM). Boeing MD–10 FCOM. Boeing MD–11 FCOM. mstockstill on DSKH9S0YB1PROD with PROPOSALS Repetitive Inspections (i) Within 18 months after replacing the fuel pump electrical connector assembly as required by paragraph (g) of this AD, do a continuity, resistance, and insulation resistance inspection from the terminal strip through the fuel boost/transfer pump, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC10–28A261, dated December 1, 2009; or Boeing Alert Service Bulletin MD11–28A143, dated December 2, 2009; as applicable. Do all applicable corrective actions before further flight in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC10–28A261, dated December 1, 2009; or Boeing Alert Service Bulletin MD11–28A143, dated December 2, 2009; as applicable. Repeat the inspections thereafter at intervals not to exceed 18 months. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Philip Kush, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712– 4137; telephone (562) 627–5263; fax (562) 627–5210. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. Issued in Renton, Washington, on October 21, 2010. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–28092 Filed 11–4–10; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 16:38 Nov 04, 2010 Jkt 223001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 65 [Docket No.: FAA–2010–1060] Policy Clarifying Definition of ‘‘Actively Engaged’’ for Purposes of Inspector Authorization Federal Aviation Administration (FAA), DOT. ACTION: Notice of Proposed Policy. AGENCY: This action proposes to clarify the term ‘‘actively engaged’’ for the purposes of application for and renewal of an inspection authorization. This proposal would amend the Flight Standards Management System Order 8900.1. DATES: Comments must be received on or before December 6, 2010. ADDRESSES: You may send comments identified by docket number FAA– 2010–1060 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send Comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, West Building Ground Floor, Washington, DC 20590– 0001. • Hand Delivery: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. FOR FURTHER INFORMATION CONTACT: Ed Hall, Aircraft Maintenance General Aviation Branch, AFS–350, Federal SUMMARY: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (804) 222–7494 ext. 240; e-mail: ed.hall@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested persons to submit written comments, data, or views concerning this proposal. 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, please send only one copy of written comments, or if you are filing comments electronically, please submit your comments only one time. The FAA will file in the docket all comments received, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposal. Before acting on this proposal, the FAA will consider all comments received on or before the closing date for comments and any latefiled comments if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of comments received. Availability of This Proposed Policy You can get an electronic copy using the Internet by— (1) Searching the Federal eRulemaking Portal (https:// www.regulations.gov); (2) Visiting the FAA’s Regulations and Policies Web page at https:// www.faa.gov/regulations_policies/; or (3) Accessing the Government Printing Office’s Web page at https:// www.gpoaccess.gov/fr/. You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, E:\FR\FM\05NOP1.SGM 05NOP1 68250 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules mstockstill on DSKH9S0YB1PROD with PROPOSALS ARM–1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267–9680. Make sure to identify the docket number or notice number of this proposal. the widespread confusion and inconsistent interpretation of actively engaged, the FAA is publishing this proposed FSIMS amendment and inviting public comment on it. provide clear guidance to ASIs that can be applied consistently. The FAA intends for this clarification to be in effect for the next IA renewal cycle in March 2011. Background Section 65.91(c) of Title 14 of the Code of Federal Regulations sets forth the eligibility requirements for obtaining an inspection authorization (IA). Among other requirements not related to this proposal, an applicant must ‘‘have been actively engaged, for at least the twoyear period before the date he applies, in maintaining aircraft certificated and maintained in accordance with [FAA regulations].’’ Section 65.93(a) sets forth the eligibility requirements for renewing an IA and incorporates the requirements for obtaining one under § 65.91(c)(1)– (4). Accordingly, an individual must be actively engaged, for at least the prior two-year period, in maintaining aircraft to be eligible to either obtain or renew an IA. The FAA provides guidance concerning the issuance of IAs in the Flight Standards Information Management System (FSIMS), FAA Order 8900.1, Volume 5, Chapter 5, Sections 7 and 8. These sections assist aviation safety inspectors (ASIs) in evaluating an initial application for an IA or an application for renewing an IA as well as allow a prospective applicant to determine his or her eligibility. IAs are issued for two years and expire on March 31 of odd-numbered years. March 31, 2011, is the next expiration date. The definition of the term ‘‘actively engaged’’ has caused confusion among ASIs and aircraft maintenance personnel. The term is not defined in 14 CFR, and its definition in agency guidance materials has varied over time. Prior to 1988, the FAA considered persons exercising their mechanic certificate when employed full-time in aircraft maintenance to be actively engaged, and those employed on a parttime basis were individually evaluated by an FAA inspector. In 1988, the FAA issued new guidance tightening the definition of actively engaged to include only those individuals employed full time in inspecting, supervising, overhauling, repairing, preserving, or replacing parts on certificated aircraft. In April 2010, the FAA retracted the 1988 policy, largely because it had been applied inconsistently, and began the process of clarifying actively engaged through agency guidance. This proposal is the result of that process. Generally, amendments to the FSIMS are made directly by the FAA’s Flight Standards Service. However, because of Discussion of the Proposal It is a longstanding FAA requirement that an applicant for an IA or for renewal of an IA be actively engaged (i.e., an active, working airframe and powerplant (A&P) mechanic exercising the privileges of the mechanic certificate). An applicant can demonstrate that he or she is an active, working A&P mechanic in a number of ways. An applicant who is employed fulltime in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft consistently has been considered actively engaged. An applicant who is employed part-time in those maintenance activities may be actively engaged. An applicant who participates in (regardless of employment status) those maintenance activities part time or occasionally may be actively engaged. Whether that part-time or occasional employment or participation constitutes actively engaged depends on the circumstances. For that reason, those determinations must be made by the ASI reviewing the application. To make the determination, the ASI should consider the type of maintenance activity performed, considering any special expertise required, and the quantity of maintenance activity. In some cases, such as a mechanic performing maintenance in geographical area that has limited access to some special expertise or a retired mechanic who occasionally performs maintenance as needed, the type of maintenance activity may be the determining factor even when its quantity is relatively insignificant. Because the ASI’s determination is unique to each applicant, the ASI would use documentation or other evidence provided by the applicant detailing the maintenance activity. Accordingly, the FAA proposes to define in FAA Order 8900.1 the factors an ASI should consider when reviewing an application for an IA or for renewal of an IA. Additionally, FAA Order 8900.1 restricts the types of maintenance that ASIs can perform because of ethical concerns. The FAA does not intend for ASIs to lose their IAs because of these limitations. Accordingly, the FAA proposes a carve-out for ASIs who also hold an IA. The FAA intends this policy statement to clarify rather than change the definition of ‘‘actively engaged’’ and Proposed Amendment VerDate Mar<15>2010 16:38 Nov 04, 2010 Jkt 223001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 In consideration of the foregoing, the Federal Aviation Administration proposes to amend FAA Order 8900.1, Volume 5, Chapter 5 as follows: 1. Amend Section 7, Paragraph 5–1279 by adding a Note after subparagraph A to read: 5–1279 ELIGIBILITY. The ASI must establish the applicant’s eligibility before allowing the applicant to test. None of the requirements of Title 14 of the Code of Federal Regulations (14 CFR) part 65, § 65.91 can be waived by the ASI. A. The applicant must hold a current mechanic’s certificate, with both airframe and powerplant ratings, that has been in effect for at least 3 years. The applicant must have been actively engaged in maintaining certificated aircraft for at least the 2-year period before applying. Note: Actively engaged means exercising the privileges of an airframe and powerplant mechanic certificate in the maintenance of civil aircraft. Applicants who are employed full-time in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft are considered to be actively engaged. Applicants who are employed or participate in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft on a part-time or occasional basis will be evaluated by the ASI to determine whether the applicant is actively engaged. The ASI will evaluate the scope of part-time or occasional activity based on the type of maintenance activity, including any special expertise required, and the quantity of maintenance activity performed. To evaluate the scope of the part-time or occasional maintenance activity, the ASI will use evidence or documentation provided by the applicant showing inspection, overhauling, repairing, preserving, or replacing parts on aircraft. B. There must be a fixed base of operation at which the applicant can be located in person or by telephone. This base need not be the place where the applicant will exercise the inspection authority. C. The applicant must have available the equipment, facilities, and inspection data necessary to conduct proper inspection of airframes, powerplants, propellers, or any related part or appliance. This data must be current. D. The applicant must pass the IA knowledge test, testing the ability to inspect according to safety standards for approval for return to service of an aircraft, related part, or appliance after major repairs or major alterations, and E:\FR\FM\05NOP1.SGM 05NOP1 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules annual or progressive inspections performed under part 43. There is no practical test required for an IA. Note: The ASI should see paragraph 5–1285 for instructions on determining an applicant’s eligibility. 2. Amend Section 8, Paragraph 5–1309 by adding a Note after subparagraph (A)(1) to read: 5–1309 RENEWAL OF INSPECTION AUTHORIZATION. A. Application Requirements. Application for renewal may be required to comply with the following: (1) Show evidence the applicant still meets the requirements of § 65.91(c)(1) through (4). Note: Refer to Paragraph 5–1279(A)–(C) of this document for information on meeting § 65.91(c)(1) through (4) requirements. Because volume 1, chapter 3, section 2 of this Order limits the type of maintenance that ASIs can perform, an ASI may renew an IA regardless of volume of maintenance work performed. (2) Complete Federal Aviation Administration (FAA) Form 8610–1, Mechanic’s Application for Inspection Authorization, in duplicate. (3) Show evidence the applicant meets the requirements of § 65.93(a) for both the first and second year in the form of an activity sheet or log, training certificates, and/or oral test results, as applicable. Issued in Washington, DC, on October 29, 2010. John McGraw, Deputy Director, Flight Standards Service. [FR Doc. 2010–27834 Filed 11–4–10; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 mstockstill on DSKH9S0YB1PROD with PROPOSALS [EPA–R03–OAR–2010–0552; FRL–9221–9] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; 2002 Base Year Emission Inventory, Reasonable Further Progress Plan, Contingency Measures, Reasonably Available Control Measures, and Transportation Conformity Budgets for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City 1997 8-Hour Moderate Ozone Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve revisions to the Pennsylvania State SUMMARY: VerDate Mar<15>2010 16:38 Nov 04, 2010 Jkt 223001 Implementation Plan (SIP) to meet the 2002 base year emissions inventory, the reasonable further progress (RFP) plan, RFP contingency measure, and reasonably available control measure (RACM) requirements of the Clean Air Act (CAA) for the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE moderate 1997 8-hour ozone nonattainment area. EPA is also proposing to approve the 2008 transportation conformity motor vehicle emissions budgets (MVEBs) associated with the reasonable further progress portion of these revisions. EPA is proposing to approve the SIP revisions because they satisfy the emission inventory, RFP, RACM, RFP contingency measures, and transportation conformity requirements for areas classified as moderate nonattainment for the 1997 8-hour ozone national ambient air quality standard (NAAQS) and demonstrates further progress in reducing ozone precursors. EPA is proposing to approve the SIP revision, pursuant to section 110 and part D of the CAA and EPA’s regulations. DATES: Written comments must be received on or before December 6, 2010. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2010–0552 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: pino.maria@epa.gov. C. Mail: EPA–R03–OAR–2010–0552, Maria Pino, Acting Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2010– 0552. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 68251 https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 814–2176, or by e-mail at rehn.brian@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. The following is provided to aid in locating information in this document. I. What action is EPA taking? II. What is the background of this action? III. What is EPA’s evaluation of the revision? IV. Statutory and Executive Order Reviews I. What action is EPA taking? EPA is proposing to approve a revision, and two subsequent clarification SIP revisions, to the Pennsylvania SIP. This SIP revision was E:\FR\FM\05NOP1.SGM 05NOP1

Agencies

[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Proposed Rules]
[Pages 68249-68251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27834]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 65

[Docket No.: FAA-2010-1060]


Policy Clarifying Definition of ``Actively Engaged'' for Purposes 
of Inspector Authorization

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Policy.

-----------------------------------------------------------------------

SUMMARY: This action proposes to clarify the term ``actively engaged'' 
for the purposes of application for and renewal of an inspection 
authorization. This proposal would amend the Flight Standards 
Management System Order 8900.1.

DATES: Comments must be received on or before December 6, 2010.

ADDRESSES: You may send comments identified by docket number FAA-2010-
1060 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send Comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, West Building Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery: Take comments to Docket Operations in Room 
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Ed Hall, Aircraft Maintenance General 
Aviation Branch, AFS-350, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone: (804) 222-
7494 ext. 240; e-mail: ed.hall@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites interested persons to submit written comments, 
data, or views concerning this proposal. 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, please send only one copy 
of written comments, or if you are filing comments electronically, 
please submit your comments only one time.
    The FAA will file in the docket all comments received, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposal. Before acting on this proposal, the FAA will 
consider all comments received on or before the closing date for 
comments and any late-filed comments if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of comments received.

Availability of This Proposed Policy

    You can get an electronic copy using the Internet by--
    (1) Searching the Federal eRulemaking Portal (https://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at https://www.gpoaccess.gov/fr/.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking,

[[Page 68250]]

ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Make sure to identify the docket number or 
notice number of this proposal.

Background

    Section 65.91(c) of Title 14 of the Code of Federal Regulations 
sets forth the eligibility requirements for obtaining an inspection 
authorization (IA). Among other requirements not related to this 
proposal, an applicant must ``have been actively engaged, for at least 
the two-year period before the date he applies, in maintaining aircraft 
certificated and maintained in accordance with [FAA regulations].'' 
Section 65.93(a) sets forth the eligibility requirements for renewing 
an IA and incorporates the requirements for obtaining one under Sec.  
65.91(c)(1)-(4). Accordingly, an individual must be actively engaged, 
for at least the prior two-year period, in maintaining aircraft to be 
eligible to either obtain or renew an IA.
    The FAA provides guidance concerning the issuance of IAs in the 
Flight Standards Information Management System (FSIMS), FAA Order 
8900.1, Volume 5, Chapter 5, Sections 7 and 8. These sections assist 
aviation safety inspectors (ASIs) in evaluating an initial application 
for an IA or an application for renewing an IA as well as allow a 
prospective applicant to determine his or her eligibility. IAs are 
issued for two years and expire on March 31 of odd-numbered years. 
March 31, 2011, is the next expiration date.
    The definition of the term ``actively engaged'' has caused 
confusion among ASIs and aircraft maintenance personnel. The term is 
not defined in 14 CFR, and its definition in agency guidance materials 
has varied over time. Prior to 1988, the FAA considered persons 
exercising their mechanic certificate when employed full-time in 
aircraft maintenance to be actively engaged, and those employed on a 
part-time basis were individually evaluated by an FAA inspector. In 
1988, the FAA issued new guidance tightening the definition of actively 
engaged to include only those individuals employed full time in 
inspecting, supervising, overhauling, repairing, preserving, or 
replacing parts on certificated aircraft. In April 2010, the FAA 
retracted the 1988 policy, largely because it had been applied 
inconsistently, and began the process of clarifying actively engaged 
through agency guidance. This proposal is the result of that process.
    Generally, amendments to the FSIMS are made directly by the FAA's 
Flight Standards Service. However, because of the widespread confusion 
and inconsistent interpretation of actively engaged, the FAA is 
publishing this proposed FSIMS amendment and inviting public comment on 
it.

Discussion of the Proposal

    It is a longstanding FAA requirement that an applicant for an IA or 
for renewal of an IA be actively engaged (i.e., an active, working 
airframe and powerplant (A&P) mechanic exercising the privileges of the 
mechanic certificate). An applicant can demonstrate that he or she is 
an active, working A&P mechanic in a number of ways.
    An applicant who is employed full-time in inspecting, overhauling, 
repairing, preserving, or replacing parts on aircraft consistently has 
been considered actively engaged. An applicant who is employed part-
time in those maintenance activities may be actively engaged. An 
applicant who participates in (regardless of employment status) those 
maintenance activities part time or occasionally may be actively 
engaged.
    Whether that part-time or occasional employment or participation 
constitutes actively engaged depends on the circumstances. For that 
reason, those determinations must be made by the ASI reviewing the 
application. To make the determination, the ASI should consider the 
type of maintenance activity performed, considering any special 
expertise required, and the quantity of maintenance activity. In some 
cases, such as a mechanic performing maintenance in geographical area 
that has limited access to some special expertise or a retired mechanic 
who occasionally performs maintenance as needed, the type of 
maintenance activity may be the determining factor even when its 
quantity is relatively insignificant. Because the ASI's determination 
is unique to each applicant, the ASI would use documentation or other 
evidence provided by the applicant detailing the maintenance activity. 
Accordingly, the FAA proposes to define in FAA Order 8900.1 the factors 
an ASI should consider when reviewing an application for an IA or for 
renewal of an IA.
    Additionally, FAA Order 8900.1 restricts the types of maintenance 
that ASIs can perform because of ethical concerns. The FAA does not 
intend for ASIs to lose their IAs because of these limitations. 
Accordingly, the FAA proposes a carve-out for ASIs who also hold an IA.
    The FAA intends this policy statement to clarify rather than change 
the definition of ``actively engaged'' and provide clear guidance to 
ASIs that can be applied consistently. The FAA intends for this 
clarification to be in effect for the next IA renewal cycle in March 
2011.

Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend FAA Order 8900.1, Volume 5, Chapter 5 
as follows:
    1. Amend Section 7, Paragraph 5-1279 by adding a Note after 
subparagraph A to read: 5-1279 ELIGIBILITY. The ASI must establish the 
applicant's eligibility before allowing the applicant to test. None of 
the requirements of Title 14 of the Code of Federal Regulations (14 
CFR) part 65, Sec.  65.91 can be waived by the ASI.
    A. The applicant must hold a current mechanic's certificate, with 
both airframe and powerplant ratings, that has been in effect for at 
least 3 years. The applicant must have been actively engaged in 
maintaining certificated aircraft for at least the 2-year period before 
applying.

    Note: Actively engaged means exercising the privileges of an 
airframe and powerplant mechanic certificate in the maintenance of 
civil aircraft. Applicants who are employed full-time in inspecting, 
overhauling, repairing, preserving, or replacing parts on aircraft 
are considered to be actively engaged. Applicants who are employed 
or participate in inspecting, overhauling, repairing, preserving, or 
replacing parts on aircraft on a part-time or occasional basis will 
be evaluated by the ASI to determine whether the applicant is 
actively engaged. The ASI will evaluate the scope of part-time or 
occasional activity based on the type of maintenance activity, 
including any special expertise required, and the quantity of 
maintenance activity performed. To evaluate the scope of the part-
time or occasional maintenance activity, the ASI will use evidence 
or documentation provided by the applicant showing inspection, 
overhauling, repairing, preserving, or replacing parts on aircraft.

    B. There must be a fixed base of operation at which the applicant 
can be located in person or by telephone. This base need not be the 
place where the applicant will exercise the inspection authority.
    C. The applicant must have available the equipment, facilities, and 
inspection data necessary to conduct proper inspection of airframes, 
powerplants, propellers, or any related part or appliance. This data 
must be current.
    D. The applicant must pass the IA knowledge test, testing the 
ability to inspect according to safety standards for approval for 
return to service of an aircraft, related part, or appliance after 
major repairs or major alterations, and

[[Page 68251]]

annual or progressive inspections performed under part 43. There is no 
practical test required for an IA.

    Note: The ASI should see paragraph 5-1285 for instructions on 
determining an applicant's eligibility.

    2. Amend Section 8, Paragraph 5-1309 by adding a Note after 
subparagraph (A)(1) to read: 5-1309 RENEWAL OF INSPECTION 
AUTHORIZATION.
    A. Application Requirements. Application for renewal may be 
required to comply with the following:
    (1) Show evidence the applicant still meets the requirements of 
Sec.  65.91(c)(1) through (4).

    Note: Refer to Paragraph 5-1279(A)-(C) of this document for 
information on meeting Sec.  65.91(c)(1) through (4) requirements. 
Because volume 1, chapter 3, section 2 of this Order limits the type 
of maintenance that ASIs can perform, an ASI may renew an IA 
regardless of volume of maintenance work performed.

    (2) Complete Federal Aviation Administration (FAA) Form 8610-1, 
Mechanic's Application for Inspection Authorization, in duplicate.
    (3) Show evidence the applicant meets the requirements of Sec.  
65.93(a) for both the first and second year in the form of an activity 
sheet or log, training certificates, and/or oral test results, as 
applicable.

    Issued in Washington, DC, on October 29, 2010.
John McGraw,
Deputy Director, Flight Standards Service.
[FR Doc. 2010-27834 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-13-P