Aviation Maintenance Technician Schools, 15533-15549 [2019-06399]
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Proposed Rules
8. Reliability—The performance of the
ILD must not be altered by the effects of
wear, manufacturing tolerances, aging/
drying of lubricants, and corrosion.
9. Maintenance and Functional
Checks—The design, installation and
operation of the ILD must be such that
it is possible to functionally check the
device in place. Additionally, a
functional check method and a
maintenance check interval must be
included in the seat installer’s
instructions for continued airworthiness
(ICA) document.
10. Release Function—If a means
exists to release an inadvertently
activated ILD, the release means must
not introduce additional hidden failures
that would prevent the ILD from
functioning properly.
Issued in Des Moines, Washington, on
April 10, 2019.
Paul Siegmund,
Acting Manager, Transport Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2019–07516 Filed 4–15–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 147
[Docket No.: FAA–2015–3901; Notice No.
19–02]
RIN 2120–AK48
Aviation Maintenance Technician
Schools
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (SNPRM).
AGENCY:
On October 2, 2015, the FAA
published in the Federal Register a
notice of proposed rulemaking
proposing to amend the regulations
governing the curriculum and
operations of FAA-certificated Aviation
Maintenance Technician Schools.
Commenters suggested expanding the
scope of that proposal to allow
competency-based training and satellite
training locations and to eliminate the
national passing norms specified in the
quality of instruction requirements.
After analyzing the comments, the FAA
agrees with expanding the scope of the
proposal. The FAA is proposing to
allow the option of competency-based
training and satellite training locations.
Additionally, the FAA is proposing to
amend the quality of instruction
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SUMMARY:
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requirements by replacing the national
passing norms with a standard pass rate.
DATES: Send comments on or before
June 17, 2019.
ADDRESSES: Send comments identified
by docket number FAA–2015–3901
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, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, 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 better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
20591, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Robert W. Warren,
Aircraft Maintenance Division, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone (202) 267 1711;
email Robert.W.Warren@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The 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 the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority.
This rulemaking is promulgated
under the authority described in Title
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15533
49, Subtitle VII, Part A, Subpart I,
Chapter 401, Section 40113 (prescribing
general authority of the Administrator of
the FAA, with respect to aviation safety
duties and powers, to prescribe
regulations); and Subpart III, Chapter
447, Sections 44701 (general authority
of the Administrator to prescribe
regulations and minimum standards in
the interest of safety for inspecting,
servicing, and overhauling aircraft,
engines, propellers, and appliances,
including for other practices, methods,
and procedures necessary for safety in
air commerce); 44702 (authority of the
Administrator to issue air agency
certificates); 44707 (authority of the
Administrator to examine and rate air
agencies, including civilian schools
giving instruction in repairing, altering,
and maintaining aircraft, aircraft
engines, propellers, and appliances, on
the adequacy of instruction, the
suitability and airworthiness of
equipment, and the competency of
instructors); and 44709 (authority of the
Administrator to amend, modify,
suspend, and revoke air agency and
other FAA-issued certificates).
Table of Contents
I. Executive Summary
II. Background
A. Summary of Notice of Proposed
Rulemaking (NPRM)
B. Summary of Comments on NPRM
C. General Overview of SNPRM
III. Discussion of SNPRM
A. Competency-Based Training
1. Structure and Content
2. Training, Competency Assessments, and
Remedial Training
3. Students With Prior Training or
Experience
4. Instructors
5. Data Collection, Analysis, and
Recordkeeping
B. Satellite Training Locations
C. Quality of Instruction
D. Miscellaneous Amendment
IV. Regulatory Notices and Analysis
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility and
Cooperation
G. Environmental Analysis
V. Executive Order Determination
A. Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs
B. Executive Order 13132, Federalism
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
VI. Additional Information
A. Comments Invited
B. Availability of Rulemaking Documents
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I. Executive Summary
On October 2, 2015, the FAA
published a NPRM titled ‘‘Aviation
Maintenance Technician Schools’’ (80
FR 59674) proposing to amend 14 CFR
part 147 (part 147), which contains the
curriculum and operating requirements
for Aviation Maintenance Technician
Schools (AMTS). The FAA received
over 300 comments in response to the
NPRM. Among these comments were
requests to the FAA to allow
competency-based training (CBT) and
satellite training locations. The FAA
also received comments on the quality
of instruction requirements, including
the suggestion to remove the national
passing norms.
Since any changes to the regulations
covering these three topics would be
beyond the scope of what was proposed
in the NPRM, the FAA is publishing this
SNPRM to provide notice of the
proposed changes and the opportunity
for comments on these new proposals.
In this SNPRM, The FAA proposes to
allow AMTSs to deliver their approved
curriculums using a CBT program. The
FAA also proposes to allow satellite
training locations for these schools,
which could expand the capacity to
recruit and educate future aircraft
mechanics. Lastly, the FAA proposes to
replace the current national passing
norm requirements with a standard pass
rate that would apply to all AMTSs.
CBT and satellite training locations
would be voluntary provisions.
Therefore, the FAA assumes the
utilization of these flexibilities would
produce benefits net of costs because
AMTSs will only adopt these changes if
they believe they will be cost beneficial.
The FAA estimates that the overall cost
saving of the requirement to replace the
national passing norms with a standard
pass rate would be minimal. Therefore,
the expected outcome of this proposed
rule will be a minimal impact.
Providing flexibility to AMTSs to use
CBT may produce cost savings and
generate benefits. For instance, CBT
would allow AMTSs to pre-screen
applicants for competencies they
possess at the time of application, and
provide relief to those applicants for the
corresponding curriculum elements.
CBT may also allow the AMTS to focus
on the competencies for which their
students require more remedial
attention, providing a more
individualized and higher-quality
training for its students. At this time,
the FAA does not have data to
quantitatively assess whether the relief
provided by the pre-assessment of
student competencies would outweigh
the costs associated with the additional
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care and attention provided to students
who require remedial attention.
Nevertheless, the FAA believes that CBT
would allow AMTSs to concentrate
resources on where they will provide
the most benefits.
The FAA acknowledges that there
would be some startup costs incurred
for some schools to transition over to
CBT. However, the FAA believes that
because this SNPRM provides CBT as an
additional flexibility, rather than a
requirement, it can safely presume that
any utilization of CBT would provide
benefits or cost savings that exceed the
costs. Similarly, the FAA acknowledges
that AMTSs would incur costs to set up
satellite locations, but the FAA
presumes that AMTSs would only incur
those costs if there were sufficient
demand to recover them.
The FAA estimates that the overall
cost saving of the requirement to replace
the national passing norms with a
standard pass rate would be minimal.
II. Background
A. Summary of NPRM
As previously stated, on October 2,
2015, the FAA published an NPRM
titled ‘‘Aviation Maintenance
Technician Schools.’’ 1 In the NPRM,
the FAA proposed to amend the
regulations governing the curriculum
and operations of FAA-certificated
AMTSs. The proposed rule would
modernize and reorganize the required
curriculum subjects found in the
appendices of the current regulations.
The FAA also proposed to remove the
course content items from the
appendices and relocate them to each
school’s operations specifications.2 This
change would enable easier and more
timely amendments to course content
when necessary. Additionally, the FAA
proposed to revise the curriculum
requirements to include an option for
schools to use a credit hour curriculum
as an alternative to an instructional hour
curriculum.
The FAA proposed these changes
because the existing curriculums in
some areas are outdated, do not meet
current industry needs, and can be
changed only through notice and
comment rulemaking. These
1 80
FR 59677.
147 contains general curriculum subjects
(appendix B), airframe curriculum subjects
(appendix C), and powerplant curriculum subjects
(appendix D). Each of these appendices contains
subject headings, tasks within those subject
headings, and the levels of proficiency to be
demonstrated for each task. In the NPRM, the FAA
proposed to revise and retain the subject headings
but remove the remaining course content (i.e., the
tasks and proficiency levels) and place them in the
AMTS’ operations specifications.
2 Part
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amendments would better enable
students to receive current foundational
training that meets the demanding and
dynamic needs of the aviation industry.
Additionally, with respect to the
quality of instruction requirements, the
FAA proposed to retain the current
national passing norms, which require a
named proportion of each school’s
graduates who apply within 60 days
after graduation to pass the FAA written
knowledge test during a specified
period of time. The proportion of
graduates who must pass the written
knowledge test varies depending on the
number of students who graduated from
the school.
The proposals in the NPRM remain
unchanged. However, given the length
of time that has passed since the close
of the NPRM’s comment period, the
FAA will accept any new or updated
comments on the provisions in the
NPRM. To avoid delay in issuing a final
rule, the FAA requests that commenters
refrain from resubmitting prior
comments that are unchanged as those
comments are already in the docket and
will be addressed in the final rule.
B. Summary of Comments on NPRM
The FAA received 324 comments in
response to the NPRM. Commenters
included industry organizations,
individuals, instructors, and
management of AMTSs. This section
summarizes only the comments that
relate to the three topics proposed in
this SNPRM. All other comments will
be disposed of in the final rule.
Several commenters asked the FAA to
allow schools to provide some form of
CBT in lieu of training based on a set
number of curriculum hours. These
commenters included 15 industry
organizations (see Table: Industry
Organization Commenters) and 9
individuals. Commenters explained that
allowing a CBT curriculum would
create flexibility and allow students to
progress as they demonstrate mastery of
subject matter. All but one individual
supported CBT without hesitation. One
individual commented that he is
opposed to CBT if there is no test period
or study to validate the effectiveness of
the new method of training.
TABLE—INDUSTRY ORGANIZATION
COMMENTERS
Aviation Technician Education Council.
Aeronautical Repair Station Association.
Aerospace Maintenance Council.
Aircraft Electronics Association.
Aircraft Mechanic Fraternal Association.
Aircraft Owners and Pilots Association.
Airlines for America.
Aviation Suppliers Association.
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TABLE—INDUSTRY ORGANIZATION
COMMENTERS—Continued
Helicopter Association International.
Modification and Replacement Parts Association.
National Air Carrier Association.
National Air Transportation Association.
Regional Airline Association.
STEM Education Coalition.
University Aviation Association.
One commenter asked the FAA to
allow schools to conduct training at
satellite locations away from the
schools’ primary location, such as at
high schools.
Several commenters commented on
the quality of instruction requirements.
One commenter recommended the FAA
remove the quality of instruction
requirements entirely. The commenter
explained that requiring passing norms
is unnecessary and creates additional
surveillance burdens on the FAA
without an increase in safety. Several
commenters expressed concern with the
FAA’s proposal to add a requirement
that stated the failure to maintain the
quality of instruction may be the basis
for suspending or revoking the school’s
certificate.
These comments are discussed in
more detail in section III of this
preamble, ‘‘Discussion of SNPRM.’’
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C. General Overview of SNPRM
The commenters’ requests to allow
CBT and satellite training locations and
to eliminate the passing norms were
beyond the scope of the NPRM. After
considering the comments and the
potential benefits to industry, the FAA
has decided to expand the scope of the
rulemaking by issuing an SNPRM. This
SNPRM contains three new proposals.
First, the FAA proposes to allow AMTSs
to deliver their approved curriculums
using CBT programs. The FAA proposes
to add a new section, § 147.22, that
would prescribe the requirements for a
CBT program. Second, the FAA
proposes new § 147.14 to allow satellite
training locations for AMTSs, such as at
high schools, which could expand the
capacity to recruit and educate future
aircraft mechanics. Lastly, the FAA
proposes to amend the quality of
instruction requirements in § 147.37 by
removing the national passing norm
requirements and replacing them with a
standard pass rate. These proposals are
discussed in more detail in the
following section.
III. Discussion of SNPRM
A. Competency-Based Training (CBT)
In the NPRM, the FAA proposed to
revise § 147.21(b) to allow schools to
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use a credit hour curriculum instead of
a traditional instructional hour
curriculum. In the context of this
proposal, the NPRM mentioned the term
‘‘competency-based training.’’ 3
One commenter explained that a CBT
curriculum would be based on
knowledge and skill requirements rather
than hour requirements. Another
commenter asserted that the FAA
confused credit hours with competency.
The FAA received several comments
asking for a competency-based standard
free of defined schedules and hour
requirements. Many commenters
suggested that CBT would allow
industry to transition away from
classroom ‘‘seat’’ time in favor of a
structure that creates flexibility and
would allow students to progress as
they demonstrated mastery of the
specific subject matter, regardless of
time, place, or pace of learning. Another
commenter explained that competencybased instruction would allow
instructors to meet each student’s
learning needs and styles.
After analyzing these comments, the
FAA recognized that its use of the term
‘‘competency-based training’’ in the
context of a credit hour curriculum was
inconsistent with the concept of
competency-based education. The
International Civil Aviation
Organization (ICAO) defines
‘‘competency-based training and
assessment’’ as training and assessment
that are characterized by a performance
orientation, emphasis on standards of
performance and their measurement,
and the development of training to the
specified performance standards.4 Upon
review of the comments on the NPRM,
the FAA has decided to expand the
proposal to include an option for
schools to use a CBT curriculum.
In this SNPRM, the FAA proposes to
add a new § 147.22, which would
contain the requirements for a CBT
program. Additionally, because
proposed § 147.21(b) would require
each school’s approved curriculum to
offer a prescriptive number of
instruction hours or credit hours for the
rating sought, the FAA is proposing to
include an exception in proposed
§ 147.21(b) for CBT programs that satisfy
the requirements of proposed § 147.22.
Section 147.22 would add CBT as an
option for certificated AMTSs. Under
the proposed regulatory framework, the
FAA would allow an AMTS to offer a
CBT program in addition to either an
instructional hour program or a credit
hour program. Alternatively, an AMTS
3 80
FR 59677.
Doc 9868, Procedures for Air Navigation
Services, Training, 2d Edition (2016).
4 ICAO
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15535
would have the option to provide only
CBT under proposed § 147.22. However,
based on proposed § 147.21(b), if a
school chooses not to offer CBT, that
school must offer either instruction
hours or credit hours.
Under proposed § 147.22, a
certificated AMTS could develop and
use a CBT curriculum, provided the
school obtains FAA-approval of its CBT
program through an operations
specification. An AMTS may develop a
general, airframe, and/or powerplant
CBT curriculum, or a combined airframe
and powerplant curriculum, as
applicable to the school’s ratings. In
addition, the proposal would allow an
AMTS to develop individualized
curriculums for students based on pretraining assessments. A CBT program
would encompass an AMTS’s CBT
curriculum(s). In addition, proposed
§ 147.22 would require a CBT program
to include the following elements:
Structure and content, training,
competency assessments, students with
prior training and experience, instructor
qualification, data collection and
analysis process, and recordkeeping.
These proposed requirements are
addressed in more detail in the
following discussions.
1. Structure and Content
CBT is a method of instruction that
defines a set of competencies and that
trains and assesses each student to
achieve those competencies. A
competency is a combination of skills,
knowledge, and observable behaviors
required to perform a task to the
prescribed standard.5 The FAA
proposes to allow certificated AMTSs to
develop a CBT program for FAAapproval.
Under proposed § 147.22, to obtain
FAA approval, the CBT curriculum
would be required to cover the subjects
prescribed in appendices B, C, and/or D,
the course content items and teaching
levels included under those subject
headings, and the applicable
competencies for each of those items.
The FAA would give schools the
flexibility to define the competencies in
their CBT curriculums. However, the
schools would be required to define the
competencies based on the course
content items and associated teaching
levels, which the FAA proposed to
include in the schools’ operations
specifications.6 The FAA believes the
5 ICAO defines competency as ‘‘[a] combination
of skills, knowledge, and attitudes required to
perform a task to the prescribed standard.’’ Doc
9868, Procedures for Air Navigation Services,
Training, 2nd ed. (Oct. 11, 2016).
6 59674 FR at 59676.
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course content items and associated
teaching levels convey the minimum
standards necessary to qualify students
to meet the requirements for a mechanic
certificate, which are specified in part
65, subpart D. Accordingly, proposed
§ 147.22(b)(2) would allow a certificated
AMTS to define in its CBT curriculum
the competencies, to include
knowledge, skills, and observable
behaviors, that apply to each course
content item and associated teaching
level. The school would then train and
assess its students to the competencies
defined in its curriculum.
Additionally, the FAA believes that a
certificated AMTS should have the
flexibility to develop course content
items that are not prescribed by the
FAA, and add those course content
items, which must be approved, to the
operations specification. The FAA
therefore proposes § 147.22(b)(3) to
allow schools to develop additional
course content items in its approved
curriculum. Additional course content
items would be listed in Table II of the
appropriate operations specification.
For each additional course content item
the school develops, the FAA proposes
to require the school to define the
applicable competencies, to include the
knowledge, skills, and observable
behaviors to which the student would
be trained and assessed.
2. Training, Competency Assessments,
and Remedial Training
Under a CBT program, rather than
focusing on the number of instructional
hours received in a classroom, schools
would be focused on training students
to achieve the competencies, which
include knowledge, skills, and
observable behaviors, that are necessary
to perform as a certificated mechanic. A
CBT curriculum would allow schools to
train students in a more individualized
manner based on the students’
knowledge and skill levels. Students
would advance in the areas they
demonstrate competency and would
receive additional training in the areas
they are deficient. This competencybased structure would enable students
to advance at their own pace while
placing emphasis on demonstrated
proficiency rather than the instruction
time.
A CBT curriculum would train a
student to achieve the applicable
competencies, assess whether the
student can demonstrate the applicable
competencies, and conduct remedial
training in areas in which the student
has failed to demonstrate the applicable
competencies. Therefore, the FAA is
proposing training requirements in
§ 147.22(c), assessment requirements in
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§ 147.22(d), and remedial training
requirements in § 147.22(e).
Proposed § 147.22(c)(1) would require
the AMTS to train each student to
achieve the competencies defined in its
curriculum. The FAA proposes to allow
a CBT curriculum to consist of a variety
of teaching methods that are not based
on hours of instruction or credit hours.
For example, these teaching methods
may include, but are not limited to,
lectures, distance learning, and practical
projects in the shop or laboratory.
Additionally, the FAA proposes to
allow a CBT curriculum to offer group
instruction, one-on-one instruction, or
any combination thereof. However, the
AMTS would still be required to comply
with instructor to student ratios in
§ 147.23 and instruction equipment
requirements in § 147.17(c). The FAA
believes this flexibility would allow
schools to tailor their teaching methods
to their students.
While the FAA intends to give
schools the necessary flexibility in
developing their CBT curriculums, these
curriculums are still required to be
approved by the FAA. Therefore, under
proposed § 147.22(c)(2), the FAA
proposes to require the school to
describe, for each course content item,
various elements of its CBT curriculum.
In addition to defining the applicable
competencies for each course content
item, the school would be required to
describe which teaching methods it
intends to use for each course content
item, including any classroom, distance
learning, and laboratory or shop
requirements. The school would also be
required to describe which portions of
the curriculum would be given in a
group setting and which would be given
one-on-one. The FAA also believes a
school should be required to define its
order of instruction in its CBT
curriculum. The order of instruction is
necessary because under a CBT program
a student should not advance to a
related course content item or subject
area until the student has demonstrated
mastery of the current subject matter. A
related course content item or subject
area is one for which the school has
defined a prerequisite or precursor for
subsequent learning. Furthermore,
while a school would have the
flexibility to determine when a test or
assessment should be conducted under
a CBT program, the FAA proposes to
require each school to describe the
schedule of tests and assessments for
each course content item. The school
would also be required to describe the
objective testing and grading criteria it
would use in conducting any tests or
assessments.
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Proposed § 147.22(d) would include
the requirements for competency
assessments. The FAA believes that
competency assessments are a key
element in a CBT program because they
measure the effectiveness of the
training, the student’s comprehension of
the material, and the student’s
knowledge and skill level in the course
content item being assessed. Each
school must determine the scoring
guide(s) that would be used to conduct
each competency assessment. By
assessing whether a student has
achieved the competencies defined in
the CBT curriculum, the school would
determine whether the student needs
additional training in a certain area.
Under proposed § 147.22(d), each
school conducting a CBT program
would be required to assess whether its
students can demonstrate the applicable
competencies for each course content
item. The FAA proposes to allow the
school to determine when and how it
would assess its students; however,
these details must be described in its
CBT program. Additionally, the school
must develop a series of assessments
that, in their totality, assess each course
content item; determine whether the
student can demonstrate all applicable
competencies; and are consistent with
the required teaching levels specified in
the operations specification.
In accordance with § 147.22(d)(4), a
school may find a student competent
when the student can demonstrate each
applicable competency, with respect to
the course content item being assessed,
at a minimum of 70 percent. A generally
accepted academic standard for passing
is a minimum of 70 percent. This is the
current standard used by the FAA to
determine adequate knowledge and skill
for airmen. Certificated AMTSs would
have the discretion to use a standard
that exceeds 70 percent, provided the
standard is defined in the school’s
approved CBT program.
Under proposed § 147.22(d)(5), the
FAA would allow issuance of a
graduation certificate or certificate of
completion when the student can
demonstrate successful completion of
each competency outlined in the
student’s curriculum. The school would
still be required to comply with § 147.35
(as proposed in the NPRM). Thus, the
school would be required to provide a
graduation certificate or certificate of
completion to every student it
graduates. The certificate would be
required to show the date of graduation,
the approved curriculum, and an official
of the school would be required to
authenticate it. The FAA seeks comment
on whether the graduation certificate
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should also include the school’s name
and air agency certificate number.
Because the objective of CBT is to
train each student to achieve the
applicable competencies, to include
knowledge, skill, and observable
behaviors, the FAA proposes to require
remedial training in any course content
item for which the student has failed to
demonstrate competency during the
required assessment. The FAA proposes
requirements governing remedial
training in § 147.22(e). At the
conclusion of a competency assessment,
the school would determine whether
remedial training is necessary in
accordance with proposed § 147.22(e). If
a student fails to demonstrate
competency of a course content item in
accordance with the standard specified
in proposed § 147.22(d)(4), the school
would be required to provide additional
training and reassessment in areas of
deficiency until the student can
demonstrate the knowledge, skills, and
observable behaviors that reflect the
competencies at a minimum of 70
percent. The FAA emphasizes that a
student would not be allowed to
advance to a subsequent related course
content item or subject area until that
student has achieved the competencies
in the subject area in which they were
found deficient.
3. Students With Prior Training or
Experience
The FAA received several comments
regarding how a CBT program would
benefit an individual with prior training
or experience. One commenter
explained how qualified mechanics
from other fields are currently required
to sit through redundant training to
meet the prescribed number of hours
under the traditional instruction hour
curriculum. The FAA sees some minor
redundancies in training when
comparing, for example, an aircraft
mechanic to an automobile mechanic.
However, these redundancies are
limited in scope. Because aviation
maintenance practices and procedures
are governed by a specific and unique
regulatory framework, it is essential that
students with maintenance experience
in other fields receive comprehensive
and complete training within AMTS
curriculums. The FAA proposes to
require a pre-training assessment for
students that are seeking credit for prior
training or experience in aviation
maintenance, such as in a certain
subject area or specific course content
items. Persons with non-aviation related
mechanical experience or training
would not be eligible for pre-training
assessments. Individuals must receive
specific training relating to aircraft and
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aircraft safety because of the hazards,
risks, and responsibilities associated
with aviation maintenance. Students
with non-aviation experience or training
still stand to benefit from a CBT
program, progressing at their own pace
rather than attending class for the
required number of instructional hours.
Proposed § 147.22(f)(1) would allow a
school to conduct a pre-training
assessment of the student’s initial
competencies. Because a student with
prior training or experience should be
trained and assessed to the same
standard as the other students, the FAA
proposes to require the pre-training
assessment to meet the competency
assessment requirements of
§ 147.22(d)(1), as applicable to the
course content item being assessed. If
during a pre-training assessment, the
student fails to demonstrate each
applicable competency, with respect to
the course content item being assessed,
at a minimum of 70 percent, the school
may not credit the student with
competency in the course content
item(s). At the completion of a pretraining assessment, the student would
receive an individualized curriculum
that would include only those subject
areas and/or course content items where
competency was not demonstrated.
After the curriculum is determined for
the individual, the student should
receive training, competency
assessments, and remedial training (if
applicable) in the same form and
manner as the other students.
Proposed § 147.22(f) is intended to
allow individuals with prior training or
experience to advance quickly through
certain subject areas or course content
items, provided they can demonstrate
that they have already achieved the
applicable competencies.
4. Instructors
The FAA believes that transitioning to
the proposed CBT program from a
traditional curriculum based on
instructional hours would affect the way
instructors teach and assess their
students. Currently, instructors teach
their students to achieve knowledge and
skill for each course content item. CBT
adds the dynamic of observable
behaviors as applicable to a particular
course content item and the
competencies associated with it. Under
the proposed CBT program, the
instructors’ emphasis would be on
training and assessing students based on
their knowledge, skills, and observable
behaviors with respect to each course
content item. Instructors must know and
understand the competencies that are
applicable to each course content item
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and the associated observable behaviors
that the student must demonstrate.
For the reasons stated above, the FAA
believes it would be necessary to require
the schools to train their instructors on
the school’s CBT program, including
delivery methods and assessment
techniques. Additionally, the FAA
believes schools should evaluate the
instructors’ competencies to ensure the
instructors are qualified to provide CBT
training and assessments. Therefore,
proposed § 147.22(g) would require a
CBT program to describe how the school
will train and evaluate its instructors.
Furthermore, the FAA recognizes the
concerns from one commenter regarding
the instructor-to-student ratio in a CBT
curriculum. The commenter explained
how a CBT curriculum would require a
lesser ratio of students to instructor in
order to accommodate students
progressing at different rates. The
commenter further stated that, with
practical application projects, a CBT
program may require one-on-one
instruction.
As proposed in § 147.22(c)(1), a CBT
program may include group instruction,
individualized instruction, or any
combination thereof. For any group
instruction offered under a CBT
program, the FAA proposes to require
schools to describe the instructor-tostudent ratios that would apply,
including the ratio that would apply in
the laboratory or shop. The FAA is also
proposing to require the CBT program to
meet the requirements of proposed
§ 147.23, which would require at least 1
instructor for each 25 students in the
shop or laboratory. The FAA believes
these proposed requirements would
provide schools with enough flexibility
to define their own instructor to student
ratio, while giving the FAA the ability
to review and approve such ratios. The
FAA seeks comments regarding the
instructor-to-student ratios in a CBT
program. Specifically, the FAA seeks
comments regarding whether the FAA
should impose more prescriptive
requirements in proposed § 147.22 in
terms of how many students should be
allowed per instructor under a CBT
program, taking account for the various
methods of training that the instructor
may provide.
5. Data Collection, Analysis and
Recordkeeping
The proposal to allow CBT would
introduce an entirely new method of
training in the aviation maintenance
industry. While the FAA believes CBT
training would have several benefits in
the field, as previously discussed,
requirements would be necessary to
ensure the program is accomplishing its
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objectives. As one commenter pointed
out, if the FAA allows CBT, it should be
verified as effective to ensure it achieves
the goal of enabling graduates to
perform the duties of a FAA certificated
mechanic. The primary objective of a
CBT program, to prepare student
mechanics for FAA certification, is the
same as for the instruction hour or
credit hour programs. However, a
secondary objective is to better prepare
student mechanics for the workplace by
teaching course content items and how
they relate to a competency and its
observable behaviors. The FAA has
concluded that a student educated in
this CBT program would have a better
foundation and contribute more rapidly
in their future workplace.
Under proposed § 147.22(h), the FAA
proposes to require each school
conducting a CBT program to establish
and maintain a data collection and
analysis process on its students and
instructors that would enable the school
and the FAA to determine whether the
CBT program is accomplishing its
objectives. The FAA believes this
proposal would benefit both the school
and the FAA because it would enable
the school and the FAA to identify any
deficiencies in the program and adjust
the CBT curriculum or instruction
accordingly. This proposal would foster
a better understanding of CBT
curriculums and assist the FAA in its
oversight of approved CBT programs.
In connection with the data collection
and analysis process, the FAA proposes
to require the school to maintain records
reflecting the outputs of the process for
a minimum of 2 years. The records
would include, at a minimum, the data
collected by the process, the results of
the analysis, and the plans for corrective
actions that were taken as a result of the
analysis process. The intent is to
identify deficiencies within the CBT
program, and to verify that action is
being taken to correct those deficiencies.
Maintaining the records for 2 years is
consistent with existing AMTS
recordkeeping requirements and
provides sufficient data for trend
analysis.
Furthermore, the FAA believes that
additional recordkeeping requirements
would be necessary under a CBT
program to ensure that each student’s
progression through the CBT curriculum
is clearly documented. Under a CBT
program, a school would have more
flexibility in developing a curriculum
and students would receive competency
assessments rather than traditional tests.
These competency assessments would
assess whether the student may progress
to subsequent course content items. The
FAA notes that competency assessments
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are a new concept in the regulations and
are not encompassed by the
recordkeeping requirements of proposed
§ 147.33. Therefore, the FAA proposes,
in § 147.22(i), to require each
certificated AMTS conducting an
approved CBT curriculum to establish
and maintain for each student enrolled
records that show the student’s
progression through his or her
individual curriculum, including
documentation of any pre-training
assessments and competency
assessments. The FAA believes this
proposed recordkeeping requirement
would ensure that the proper records
verifying the student’s completion of the
curriculum, or portions thereof, would
be retained. The FAA notes that the
AMTS would also be required to meet
the record requirements of § 147.33. The
FAA may find that changes are needed
to a CBT program to ensure its
effectiveness. Under performance of an
AMTS is usually observed by an FAA
inspector during on-site surveillance or
through the test results of recently
graduated students. The 8080–08 School
Norms vs. National Passing Norms
Report 7 published quarterly is a useful
tool for the school and the inspector to
identify subject areas needing
improvement. An AMTS is expected to
maintain compliance with the standard
in § 147.37. If the FAA observes that the
CBT program is not producing the
desired results the certificate holder will
be notified and must make the necessary
corrections. The FAA would revise
Advisory Circular (AC) 147–3, which
provides guidance to comply with the
proposed rules.8
B. Satellite Training Locations
In the NPRM, the FAA did not
propose to permit satellite training
locations for AMTSs. However, the
Aviation Technician Education Council
(ATEC) suggested a revision to proposed
§ 147.13 to permit a school to conduct
operations outside of its primary
location, such as at high schools. ATEC
recommended language that would
allow a school to make educational
programs more readily available through
partnerships with secondary education
institutions. ATEC noted that several
programs currently exist that help
recruit future technicians before they
graduate from high school, and its
suggested change would ensure that all
schools have the same, consistent
7 Quality of instruction results are published
quarterly in the 8080–08 School Norms vs. National
Passing Norms Report. These reports provide
AMTS students testing results for the specific
subject areas in which they are tested.
8 See Docket No. FAA–2015–3901.
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opportunity to expand programs to local
high school students.
The FAA agrees with ATEC’s
comment and therefore, proposes to add
a new section, § 147.14, to facilitate
satellite training locations for AMTSs. A
satellite training location would be a
training location away from the school’s
primary location. Under the proposal,
an AMTS could add one or more
satellite training locations. A satellite
training location may be either
dependent, which means it would not
hold its own AMTS certificate under
part 147, or independent. An
independent satellite training location
would hold its own AMTS certificate
and be held responsible for complying
with the requirements of part 147.
To conduct operations at a satellite
training location, a certificated AMTS
would be required to apply to the FAA
at least 60 days before the training
would commence. The application
would be required to include the
following: A description of the proposed
curriculum; a list of the facilities,
including their physical addresses, and
the materials and equipment to be used;
a list of the instructors to be used,
including the kind of certificate and
ratings held by each, and their
certificate numbers; and the maximum
number of students to be enrolled at any
one time.9
Both dependent and independent
satellite training locations would be
approved through a new operations
specification, which would be issued to
the parent AMTS (the certificate
holder), provided the satellite training
location meets the applicable
requirements of part 147. The parent
AMTS OpSpec would list all of the
parent’s authorized satellite training
locations. For each satellite training
location, the operations specifications
would list the person responsible for
operations conducted at the location.
For dependent satellite training
locations, the operations specifications
would also list the curriculum, or
portion thereof, that the satellite is
authorized to teach. The FAA notes that
the parent AMTS operations
specifications would not list the
curriculum that the independent
satellite training location would be
authorized to teach because an
independent satellite training location
would have its own part 147 certificate
and thus its own operations
specifications outlining its approved
curriculum. This approved curriculum,
however, is expected to mirror that of
the parent AMTS curriculum. The
9 These requirements are contained in
§ 147.5(a)(1) through (5), as proposed in the NPRM.
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parent AMTS must develop adequate
procedures describing satellite
operations acceptable to the FAA, and
make them available to each satellite
location. For example, procedures
would be necessary to address the
sharing of equipment, tools, and
personnel.
Both types of satellite training
locations must use the curriculum and
procedures of the parent AMTS. The
independent satellite training locations,
however, may implement differences in
the curriculum and procedures,
provided those differences are
documented and accepted or approved
by the FAA, as applicable. Satellite
training locations may also share tools,
equipment, and instructors with the
parent AMTS and with other satellites
of the parent AMTS.10 The proposed
requirements that would apply to both
dependent and independent satellite
training locations are contained in
§ 147.14(a).
The first kind of satellite is a
dependent satellite training location.
The dependent satellite training
location would be managed by the
parent AMTS and would operate under
the part 147 certificate issued to the
parent AMTS. Therefore, the parent
AMTS would be responsible for
ensuring the dependent satellite training
location maintains compliance with all
part 147 requirements. Under this
proposed structure, a dependent
satellite (e.g., a trade school, a high
school, or other training location) 11
would for example, offer some of the
courses in the AMTSs’ General
Curriculum. The satellite training
location would be issued a unique
designator code to identify its satellite
status. The proposed requirements for
dependent satellite training locations
are contained in § 147.14(b). The FAA
proposes to include a provision in
§ 147.14(b)(3) that would subject
dependent satellite training locations to
FAA inspection of facilities to
determine compliance with part 147.12
The second kind of satellite is an
independent satellite training location.
As previously mentioned, an
independent satellite training location
would operate under its own part 147
10 Instructors must be listed on either the parent
AMTS OpSpec, or an independent satellite’s
OpSpec.
11 The FAA notes that the examples listed could
become independent satellites if they chose to
pursue part 147 certification. This list of examples
is not all-inclusive.
12 The FAA notes that it is unnecessary to include
a similar requirement for independent satellite
training locations because an independent satellite
training location would be operating under its own
part 147 certificate and would be subject to FAA
inspection.
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certificate and would be responsible for
ensuring its own compliance with the
applicable requirements of part 147. A
currently certificated AMTS may choose
to be an independent satellite training
location in order to have its training
program under the control of a parent
AMTS certificate holder. This proposed
structure may be beneficial because it
would allow a certificated AMTS to
serve as a satellite training location
without having to surrender its current
part 147 certificate. Additionally, an
independent satellite training location
may find value in using a parent AMTS
training program and in sharing
facilities, equipment, and personnel
with the parent AMTS and its other
satellite locations. An AMTS that wants
to become an independent satellite must
use the curriculum and procedures of
the parent AMTS. An independent
satellite training location would already
hold an air agency certificate and
certificate number. Its 4-letter designator
would be used to identify its satellite
status. As with all certificated AMTSs,
the independent satellite would be
issued applicable operations
specifications. Because a satellite
training location must use the
curriculum and procedures of the parent
AMTS, and the curriculum is a function
of the ratings, an independent satellite
location may not hold a rating that the
parent AMTS does not hold. An
independent satellite training location
would not be eligible to have a satellite
training location of its own.
The FAA appreciates that if an AMTS
is able to have a satellite training
location, it could expand its capacity to
educate future airframe and powerplant
(A&P) mechanics, especially if offered
as part of a high school program. The
expansion of student mechanic training
would benefit industry by helping to
mitigate A&P mechanic shortages.
Expanding the geographic base by
allowing satellite locations may also
reduce commuting times for some
students.
The FAA would revise AC 147–3 to
include guidance on satellite
operations.13
C. Quality of Instruction
In the NPRM, the FAA proposed to
move the quality of instruction
requirements from § 147.38(a) to
§ 147.37. Additionally, the FAA
proposed to revise the quality of
instruction requirements by adding
proposed § 147.37(b), which would have
stated that the failure of a school to
maintain the quality of instruction
specified in § 147.37(a) may be the basis
13 See
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15539
for suspending or revoking that school’s
certificate.
Several commenters objected to the
language in proposed § 147.37(b). One
commenter stated ‘‘the ability of the
FAA to suspend or revoke without due
process in this manner should not be
available.’’ Another commenter pointed
out that the NPRM preamble did not
address the new language in proposed
§ 147.37(b) and that it should be
removed.
Though the FAA did not discuss
proposed paragraph § 147.37(b) in the
NPRM preamble, the proposed language
would not have created a new burden or
imposition on industry. Currently, if a
certificated AMTS fails to meet the
quality of instruction requirements in
§ 147.38(a), the inspector would discuss
the expectations and requirements for
compliance. The AMTS is then given
the opportunity to correct the
deficiencies by developing a corrective
action plan, and implementing that
plan, to achieve compliance. However,
if an AMTS refuses to correct the noncompliance or fails to achieve
compliance over time, the FAA may
suspend or revoke the schools’ AMTS
certificate.14 In light of the comments,
however, the FAA recognizes that
proposed § 147.37(b) was focused more
on revocation and suspension of a
certificate, rather than on corrective
action. In an effort to be more consistent
with the FAA’s compliance and
enforcement policy,15 the FAA
emphasizes that the failure of a school
to maintain the quality of instruction
requirements may be the basis for
compliance action. However, the FAA
has concluded that it is unnecessary to
include this language in the regulation.
Persons should know that any failure to
comply with the regulations of 14 CFR
may be the basis for a compliance
action. The FAA is therefore
withdrawing § 147.37(b) (as proposed in
the NPRM). As a result, § 147.37(a) (as
proposed in the NPRM) is now
proposed § 147.37.
ATEC recommended deleting the
quality of instruction requirements
entirely with the justification ‘‘the
schools have specific accreditation and
DOE requirements, not to mention
‘‘customer’’ demands that necessitate
high quality programs. Having passing
norms dictated in regulation only
creates additional surveillance burdens
on FAA without an increase in safety.’’
14 An aviation maintenance technician school
certificate or rating is effective until it is
surrendered, suspended, or revoked. 14 CFR 147.7.
See FAA Order 2150.3, FAA Compliance and
Enforcement Program (Feb. 2, 2017).
15 FAA Order 2150.3, FAA Compliance and
Enforcement Program (Feb. 2, 2017).
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Because the FAA certificates and
maintains oversight of AMTSs, the FAA
needs to ensure that the quality of
instruction received by the students is
reflected positively in their FAA written
knowledge tests. After a critical analysis
of proposed § 147.37,16 the FAA
acknowledges that requiring an AMTS
to meet a norm based on relative peer
performance is not particularly relevant.
Comparing one school’s graduates to
another school’s graduates does not
effectively measure either school’s
quality of instruction. The FAA believes
a better measure of success would be to
set a uniform standard for all AMTSs.
The FAA would evaluate a school’s
quality of instruction by determining
whether the school’s graduates achieved
the standard rather than comparing
schools against one another. A generally
accepted academic standard for passing
is a minimum of 70 percent. This is the
current standard used by the FAA to
determine whether an airman has
demonstrated adequate knowledge on
an FAA written exam. Therefore, the
FAA proposes to simplify § 147.37 to
require each AMTS to ensure that, in
the prior 24 calendar months, it
provided instruction of sufficient
quality that at least 70 percent of its
graduates passed 17 on the first attempt
each written knowledge test leading to
a certificate or rating. The Airman
Testing Branch will continue to receive
FAA written exam test results from the
Airmen Knowledge Testing Centers and
compile quarterly reports.18 The FAA
will use the quarterly reports to ensure
the quality of instruction required by
§ 147.37. The proposal does not impose
any reporting requirements on an AMTS
or its graduates.
D. Miscellaneous Amendment
The FAA is also proposing a
clarifying amendment to § 147.17(a)(2).
Currently, § 147.17(a)(2) requires an
applicant for a mechanic school
certificate and rating, or for an
additional rating, to have ‘‘at least one
aircraft of a type currently certificated
by FAA for private or commercial
operation.’’ As explained in AC 147–
3B,19 certification in this context refers
to FAA type certification.20 However, it
has been brought to the FAA’s attention
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16 The
quality of instruction requirements are
currently found in § 147.38(a). In the NPRM, the
FAA proposed to relocate these requirements to
§ 147.37.
17 Under 14 CFR 65.17(b), the minimum passing
grade for each test is 70 percent.
18 https://www.faa.gov/data_research/aviation_
data_statistics/test_statistics/.
19 AC 147–3B, ‘‘Certification and Operation of
Aviation Maintenance Technician Schools,’’ (June
5, 2015).
20 AC 147–3B, Section 2–10, Page 13.
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that this language, which dates back to
the 1950’s,21 could be interpreted
otherwise. For example, a person could
interpret ‘‘an aircraft of a type currently
certificated by the FAA’’ as referring to
any aircraft certificated by the FAA for
private or commercial operation, such
as an amateur-built aircraft. The FAA
believes that AC 147–3B, which states
that § 147.17(a)(2) requires an AMTS to
provide a type-certificated aircraft for
student instruction,22 reflects the FAA’s
original intent. Therefore, the FAA is
proposing to revise § 147.17(a)(2) to
require each certificated AMTS to
provide and maintain at least one
aircraft type-certificated by the FAA.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (RFA) (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing United States (U.S.)
standards, this Trade Act requires
agencies to consider international
standards and, where appropriate, that
they be the basis of U.S. standards.
Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104–4) requires
agencies to prepare a written assessment
of the costs, benefits, and other effects
of proposed or final rules that include
a Federal mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
annually (adjusted for inflation with
base year of 1995; current value is $155
million). This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this proposed rule.
21 Part 53 Mechanic School Certificates, Rules,
Policies, and Interpretations of CAA, 18 FR 4281
(July 23, 1953). Section 53.25(b) required ‘‘at least
one modern-type aircraft complete with
powerplant, propeller, instruments, radio (twoway), landing lights, flares, and other items of
equipment and accessories on which a mechanic
might be required to work and with which he
should be familiar.’’ Id. at 4283. In § 53.25–1, the
CAA interpreted a modern-type aircraft as meaning
‘‘an airplane of a type currently certificated by CAA
for private or commercial operation.’’ Id.
22 AC 147–3B, Section 3–14, Page 21.
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In conducting these analyses, the FAA
has determined that this proposed rule:
(1) Has benefits that justify its costs, (2)
is not an economically ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866, (3) is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (4)
would not have a significant economic
impact on small entities; (5) would not
create unnecessary obstacles to the
foreign commerce of the U.S.; and (6)
would not impose an unfunded
mandate on state, local, or tribal
governments, or on the private sector by
exceeding the threshold identified
above. These analyses are summarized
below.
Affected Population
In the NPRM, the FAA estimated 162
part 147 AMTSs would be affected by
the proposed rule. In this SNPRM, the
FAA estimates the same affected AMTSs
have the option of either implementing
competency-based training and/or to set
up satellite training locations.
Additional Flexibilities
This SNPRM provides additional
flexibilities to the NPRM published
October 2, 2015, provisions proposed in
the NPRM not discussed here are
unchanged from the NPRM. More
specifically, the SNPRM would expand
the scope of that proposal to allow CBT
and satellite training locations, which
are voluntary provisions, and it would
also eliminate the national passing
norms specified in the quality of
instruction requirements.
Voluntary Provisions
Under a CBT program, rather than
focusing on the number of instructional
hours received in a classroom, AMTSs
would be focused on training students
to achieve the competencies, which
include knowledge, skills, and
observable behaviors, that are necessary
to perform as a certificated mechanic. A
CBT curriculum would allow schools to
train students in a more individualized
manner based on the students’
knowledge and skill level. Students
would advance in the areas they
demonstrate competency in and would
receive additional training in the areas
in which they are found deficient. This
competency-based structure would
enable students to advance at their own
pace while placing emphasis on
demonstrated proficiency rather than
the instruction time.
The FAA recognizes that if an AMTS
is able to have a satellite training
location, then it could expand its
capacity to educate future A&P
mechanics, especially if offered with a
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high school program. The expansion of
student mechanic training would
benefit industry by expanding
educational opportunities, which would
mitigate A&P mechanic shortages.
Additionally, if a school has the option
of providing some of its training through
satellite training locations, then its
geographic base can expand, along with
the opportunity to partner with high
schools in order to expand the
recruiting age envelope. Expanding the
geographic base by allowing satellite
locations may also reduce commuting
times for some students.
Providing flexibility to AMTSs to use
CBT may produce cost savings and
generate benefits. For instance, CBT
would allow AMTSs to pre-screen
applicants for competencies they
possess at the time of application, and
provide relief to those applicants for the
corresponding curriculum elements.
CBT may also allow the AMTS to focus
on the competencies for which their
students’ require more remedial
attention, providing a more
individualized and higher-quality
training for its students. At this time,
the FAA does not have data to
quantitatively assess whether the relief
provided by the pre-assessment of
student competencies would outweigh
the costs associated with the additional
care and attention provided to students
who require remedial attention.
Nevertheless, the FAA believes that CBT
would allow AMTSs to concentrate
resources on where they will provide
the most benefits.
The FAA acknowledges that there
would be some startup costs incurred
for some schools to transition over to
CBT. However, the FAA believes that
because this SNPRM provides CBT as an
additional flexibility, rather than a
requirement, it can safely presume that
any utilization of CBT would provide
benefits or cost savings that exceed the
costs. Similarly, the FAA acknowledges
that AMTSs would incur costs to set up
satellite locations, but the FAA
presumes that AMTSs would only incur
those costs if there were sufficient
demand to recover them.
CBT and satellite training locations
are voluntary provisions. Therefore, the
Therefore, the cumulative impact of this
SNPRM will be minimal, and a
regulatory evaluation was not prepared.
The FAA requests comments with
supporting justification about the FAA
determination of minimal impact.
B. Regulatory Flexibility Determination
The RFA establishes ‘‘as a principle of
regulatory issuance that agencies shall
endeavor, consistent with the objective
of the rule and of applicable statutes, to
fit regulatory and informational
15541
FAA assumes the utilization of these
flexibilities would produce benefits net
of costs.
Quality of Instruction
The FAA proposal to eliminate the
national passing norms specified in the
quality of instruction requirements
would result in the elimination of some
national data from the 8080–08 report.23
The FAA estimates this would provide
minor cost savings associated with
reduced paperwork for the FAA as
estimated in the Paperwork Reduction
Act section.
Cumulative Impacts
The total estimated cost savings of the
NPRM over the analysis period would
be about $6.8 million in 2016 dollars.24
This stream of cost savings has a present
value of $3.4 million when discounted
at seven percent. The total estimated
cost savings of the SNPRM over the
analysis period would be minimal. The
following table presents the cumulative
cost savings over 10 years for the NPRM
and SNPRM.
requirements to the scale of the
business, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve that principle,
the RFA requires agencies to solicit and
consider flexible regulatory proposals
23 As a result of this change the National
Applicants and the National Norm columns would
be eliminated from the 8080–08 report.
24 U.S. DOT/FAA—Regulatory Evaluation—
Aviation Maintenance Technician Schools—NPRM
14 CFR parts 147, https://www.regulations.gov/
searchResults?rpp=25&po=0&s=2015-39010093&fp=true&ns=true.
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and to explain the rationale for their
actions. The RFA covers a wide range of
small entities, including small
businesses, not-for-profit organizations,
and small governmental jurisdictions.
Agencies must perform a review to
determine whether a proposed or final
rule will have a significant economic
impact on a substantial number of small
entities. If the agency determines that it
will, the agency must prepare a
regulatory flexibility analysis as
described in the Act.
The FAA identified a total of 19
AMTSs with less than 1,500 employees
which are classified as small entities.
The FAA believes that this SNPRM
would not have a significant economic
impact on these small AMTSs because
any costs they would voluntarily incur
would be small and offset by cost
savings.
If an agency determines that a
rulemaking will not result in a
significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the Regulatory
Flexibility Act. Therefore, as provided
in section 605(b), based on the previous
analysis the head of the FAA certifies
that this rulemaking will not result in a
significant economic impact on a
substantial number of small entities.
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 U.S., 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. The FAA has assessed
the potential effect of this proposed rule
and determined that the objective would
only affect domestic firms therefore
would not create unnecessary obstacles
to the foreign commerce of the United
States.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any 1 year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of $155
million in lieu of $100 million. This
proposed rule does not contain such a
mandate; therefore, the requirements of
Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
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.
On April 3, 2018, the FAA published
a notice proposing to amend the OMB
supporting statement for information
collection, OMB Control Number: 2120–
0040, which would update the
information collection to account for
recordkeeping burdens in part 147 that
were not previously accounted for. As
part of the part 147 proposed
rulemaking, the FAA has identified
provisions in the NPRM and SNPRM
with Paperwork Reduction Act (PRA)
implications that, if finalized as
proposed, will require the FAA to make
additional amendments to information
collection OMB Control Number: 2120–
0040. The FAA notes that the part 147
NPRM, which published on October 2,
2015,25 did not discuss the proposed
provisions that would require changes
to the information collection burden.
Therefore, this document discusses both
the NPRM and SNPRM provisions that
would have PRA implications.
The Safety Standards, Aircraft
Maintenance Division has determined
that three primary positions at an AMTS
will be performing the information and
record collection activities. They are the
school’s Director, at a salary of $56/
hour, an Instructor, at a salary of $28/
hour, and an Administrative Assistant,
at a salary of $23/hour.26 A fringe
benefit factor of $1.17 27 was applied to
the relevant median salary.
The NPRM proposed to remove
current §§ 147.36, 147.37, and 147.38
because they are unnecessary in light of
the corresponding initial certification
requirements, which are continuing and
ongoing. Therefore, the information
collections currently required by
§§ 147.36, 147.37, and 147.38 would
now be associated with §§ 147.23,
147.13, and 147.21 respectively. No
additional information collection
burden has been identified.
The FAA introduced operation
specifications for part 147 by Notice N
8900.278 on November 21, 2014.
Certificated part 147 schools were
required to have their OpSpecs
authorized by July 21, 2015. Originally,
there were 14 OpSpecs, but A012
Affiliated Designated Mechanic
Examiners (DME) has since been
archived. The pending 2018 revision of
OMB information collection control
#2120–0040 accounts for the 13 OpSpec
paragraphs currently required at initial
certification.
PART 147 OPERATIONS SPECIFICATIONS
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Part 147 OpSpecs
A001
A002
A003
A004
A005
A006
A007
Operations Specifications (OpSpecs) title
................................................
................................................
................................................
................................................
................................................
................................................
................................................
Issuance and Applicability (Mandatory).
Definitions and Abbreviations (Mandatory).
Aviation Maintenance Technician School Ratings (Mandatory).
Summary of Special Authorizations and Limitations (Mandatory).
Exemptions (Optional).
Management Personnel (Mandatory).
Designated Persons (Mandatory).
25 80
FR 59674.
rates for these positions came from the
Department of Labor, Bureau of Labor Statistics,
26 Wage
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codes for the AMTS Director, #11–3131, AMTS
Instructor #25–0000, and AMTS Administrative
Assistant #43–6014.
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27 Volpe Memorandum, Estimating Total Cost of
Compensation based on Wage Rate or Salaries, Jan.
30, 2014.
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PART 147 OPERATIONS SPECIFICATIONS—Continued
Part 147 OpSpecs
Operations Specifications (OpSpecs) title
A008 ** ............................................
A012 ................................................
A013 ................................................
A015 * ..............................................
A025 ................................................
A026 ................................................
B002 ................................................
B003 ................................................
B004 ................................................
B005 ** ............................................
Satellite Training Locations (Optional).
Affiliated DMEs (Archived).
Instructors (Mandatory).
Facilities, equipment, and materials (Mandatory).
Recordkeeping System (Mandatory).
Authorizations/Limitations (Optional).
Required Minimum Curriculum for General (Part 147 Appendix B) (Mandatory).
Required Minimum Curriculum for Airframe (Part 147 Appendix C) (Mandatory).
Required Minimum Curriculum for Powerplant (Part 147 Appendix D) (Mandatory).
Competency-based training (Optional).
* = proposed by NPRM, ** = proposed by SNPRM.
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The FAA proposed in the NPRM a
new section, § 147.9 Operations
Specifications, that would provide,
among other things, each AMTS’s
operations specifications contain its
complete curriculum, the course content
items, and teaching levels required
under each of the subjects specified in
the part 147 appendices. The NPRM
would require an additional mandatory
OpSpec paragraph A015 to list the
facilities, equipment and materials used
by the AMTS. The NPRM also has a
proposed requirement that would
amend OpSpec A013, Instructors, due to
the proposed changes to § 147.23 for
schools that provide specially qualified
instructors who are not FAA certificated
mechanics to teach general, airframe,
powerplant, or specialized subjects.
Furthermore, the SNPRM proposes to
add two additional OpSpecs: An
optional OpSpec A008 for satellite
training locations as covered in
proposed § 147.14, and an optional
OpSpec B005 for the competency-based
Estimated
annual
changes
Director
@ $56/hour
§ 147.9 Provision
Basis
Preparation of
OpSpec A008:
AMTS Satellite
Training Locations.
Preparation of
OpSpec A015: Facilities Equipment
and Materials.
Preparation of
OpSpec B005:
Competency-Based
Training (CBT) Program.
Initial Certification .....................
5
2
Initial Certification .....................
5
Initial Certification .....................
§ 147.9 estimated
annual initial
certification reporting burden.
Instructor
@ $28/hour
Estimated
annual
cost
Estimated
annual
hours
Estimated
hours per
change
Estimated
annual
hours
10
..................
..................
..................
..................
$560
2
10
..................
..................
..................
..................
560
5
4
20
..................
..................
..................
..................
1,120
...................................................
..................
..................
40
..................
0
..................
0
2,240
Amendment of
OpSpec A008:
AMTS Satellite
Training Locations.
Amendment of
OpSpec A013: Instructors.
Amendment of
OpSpec A015: Facilities Equipment
and Materials.
Amendment of
OpSpec B005:
Competency-Based
Training (CBT) Program.
On Occasion .............................
6
.25
1.5
..................
..................
..................
..................
84
On Occasion .............................
20
.25
5
..................
..................
..................
..................
280
On Occasion .............................
2
.25
.5
..................
..................
..................
..................
28
On Occasion .............................
4
.25
1
..................
..................
..................
..................
56
§ 147.9 estimated
annual post
certification reporting burden.
...................................................
..................
..................
8
..................
0
..................
0
448
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Estimated
annual
hours
Administrative
@ $23/hour
Estimated
hours per
change
VerDate Sep<11>2014
Estimated
hours per
change
training curriculum, proposed by
§ 147.22. The estimated annual changes
reflects the estimated number of new
part 147 applicants but does not include
AMTSs seeking to make changes as a
result of this rulemaking.
The FAA estimates the additional
annual information collection burden
for proposed § 147.9, which accounts for
the OpSpec changes proposed in both
the NPRM and SNPRM, would be 48
hours with an estimated annual cost of
$2,688.
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Basis
Estimated
annual
changes
...................................................
..................
§ 147.9 Provision
§ 147.9 estimated total
annual reporting burden.
The SNPRM proposes new § 147.14,
which would provide an option to allow
a certificated AMTS to have or operate
as a satellite training location. Under the
proposal, an AMTS could add one or
more satellite training locations. A
satellite training location may be either
dependent, which means it would not
Estimated
hours per
change
Apply for additional
training location.
Changes to additional
training locations.
Initial Certification .....................
5
60
On occasion ..............................
6
§ 147.14 estimated total annual reporting
burden.
...................................................
..................
Estimated
hours per
change
Estimated
hours per
change
0
Estimated
hours per
change
..................
0
Estimated
annual
cost
2,688
OpSpec A008. The parent AMTS would
be required to make application to have
a satellite training location. The FAA
estimates the additional annual
information collection burden for
proposed § 147.14 would be 374 hours
with an estimated annual cost of
$20,086.
Instructor
@ $28/hour
Estimated
annual
hours
Estimated
annual
hours
Administrative
@ $23/hour
300
..................
..................
4
20
$17,260
8
48
..................
..................
1
6
2,826
..................
348
..................
0
..................
26
20,086
Director
@ $56/hour
Create CBT Program
Revise CBT Program
Records of Instructor
Training and Assessment.
CBT Data Collection
and Analysis.
CBT Student assessment, enrollment
and progress
records.
Initial Certification .....................
On Occasion .............................
Ongoing ....................................
5
4
35
80
10
5
Ongoing ....................................
35
Ongoing ....................................
§ 147.22 estimated total annual reporting
burden.
...................................................
enrolled, records that show the
student’s progression through his or her
individual curriculum, including
documentation of any pre-training
assessments and competency
assessments. Proposed § 147.22(i)
The FAA estimates the additional
annual information collection burden
for proposed § 147.22 would be 1,315
hours with an estimated annual cost of
$63,315.
Instructor
@ $28/hour
Administrative
@ $23/hour
Estimated
annual
cost
Estimated
annual
hours
Estimated
hours per
change
Estimated
annual
hours
400
40
175
..................
..................
..................
..................
..................
..................
..................
..................
1
..................
..................
35
$22,400
2,240
10,605
10
350
2
70
1
35
22,365
35
..................
..................
5
175
1
35
5,705
..................
..................
965
..................
245
..................
105
63,315
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Estimated
annual
hours
Estimated
annual
hours
Estimated
hours per
change
Frm 00017
Estimated
hours per
change
Estimated
hours per
change
Estimated
annual
cost
Estimated
annual
hours
Basis
PO 00000
Estimated
annual
hours
..................
• Record-keeping for CBT training
and assessment of AMTS instructors.
Proposed § 147.22(g)
• Establish and maintain a data
collection and analysis process on its
students and instructors that would
enable the school and the FAA to
determine whether the CBT program is
accomplishing its objectives. Proposed
§ 147.22(h)
• A certificated AMTS conducting an
approved CBT curriculum must
establish and maintain, for each student
Estimated
annual
changes
Administrative
@ $23/hour
Estimated
hours per
change
§ 147.22 Provision
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@ $56/hour
Basis
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Estimated
annual
hours
..................
§ 147.14 Provision
VerDate Sep<11>2014
Instructor
@ $28/hour
hold its own AMTS certificate under
part 147, or independent. An
independent satellite training location
would hold its own AMTS certificate
and be held responsible for complying
with the requirements of part 147. The
proposal would require any satellite
training location(s) to be authorized by
Estimated
annual
changes
The SNPRM proposes in new § 147.22
an option to allow AMTSs to deliver
their approved curriculums using a CBT
curriculum. The CBT curriculum must
be FAA approved and authorized using
OpSpec B005. A CBT program would
require initial development and
amendment on occasion by the AMTS.
Ongoing CBT requirements would
include:
• Pre-training assessment for persons
with previous aviation training or
experience. Proposed § 147.22(f)
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Director
@ $56/hour
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The NPRM proposed to modify
§ 147.23 so that each school would be
required to maintain and keep in its
operations specifications an up-to-date
§ 147.23 Provision
Maintain a list of the
names and qualifications of all
AMTS instructors.
§ 147.23 estimated total annual reporting
burden.
list of the names and qualifications of
all its instructors. The FAA estimates
the additional annual information
collection burden for proposed § 147.23
Estimated
annual
changes
Basis
Director
@ $56/hour
Estimated
hours per
change
Instructor
@ $28/hour
Estimated
annual
hours
Administrative
@ $23/hour
Estimated
hours per
change
Estimated
annual
hours
Estimated
hours per
change
Estimated
annual
cost
Estimated
annual
hours
Ongoing ....................................
40
.5
20
..................
..................
.25
10
1,350
...................................................
..................
..................
20
..................
0
..................
10
1,350
The NPRM proposed § 147.31(f) to
permit a student who had successfully
completed the general curriculum to
take the general written knowledge test
even if the student had not met the
experience requirements of 14 CFR
65.77. The school would be required to
prepare and issue a Certificate of
Completion to identify students who are
eligible to take the written general
This OpSpec was not counted as a
NPRM or SNPRM affected change since
it was available prior to the publication
of the NPRM.
The FAA estimates the additional
annual information collection burden
for proposed § 147.31 would be 5,011
hours with an estimated annual cost of
$199,153.
knowledge test. An official of the school
would be required to authenticate the
certificate.
Also proposed in the NPRM was
§ 147.31(g) that would provide an
option for an AMTS to offer some of
their approved curriculum using
distance learning instruction. The
approval for a distance learning program
would be authorized by OpSpec A026.
Estimated
annual
changes
Director
@ $56/hour
§ 147.31 Provision
Basis
Prepare Certificate of
Completion for student eligible to take
written general
knowledge test.
Develop and Create a
distance learning
program and submit
for FAA approval.
Amend Distance
Learning Program.
Ongoing ....................................
9,800
.25
Initial ..........................................
1
On Occasion .............................
§ 147.31 estimated total annual reporting
burden.
...................................................
The cumulative estimated annual
information collection burden for the
NPRM and SNPRM, if adopted as
Estimated
hours per
change
Instructor
@ $28/hour
Estimated
annual
hours
Administrative
@ $23/hour
Estimated
hours per
change
Estimated
annual
cost
Estimated
hours per
change
Estimated
annual
hours
2,450
..................
..................
.25
2,450
$193,550
60
60
10
10
2
2
3,686
3
10
30
2
6
1
3
1,917
..................
..................
2,540
..................
16
..................
2,455
199,153
Estimated
annual
hours
proposed, would be 6,778 hours with an
estimated cost of $286,592.
Cumulative estimated burden of new and revised sections of NPRM &
SNPRM
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is 30 hours with an estimated annual
cost of $1,350.
Director
@ $56/hour
Instructor
@ $28/hour
Administrative
@ $23/hour
Estimated
annual
hours
Estimated
annual
hours
Estimated
annual
hours
Estimated
annual
cost
§ 147.9 Operations Specifications .............................................................
§ 147.14 Satellite Training Locations ........................................................
§ 147.22 Competency-Based Training ......................................................
§ 147.23 Instructor Requirements .............................................................
§ 147.31 Attendance and enrollment, test, and credit for prior instruction or experience .....................................................................
48
348
965
20
........................
........................
245
........................
............................
26
105
10
$2,688
20,086
63,315
1,350
2,540
16
2,455
199,153
Estimated annual reporting burden of new rule ...................................
3,921
261
2,596
286,592
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Paperwork Impact to the Federal
Government
The FAA proposal to eliminate the
national passing norms specified in the
quality of instruction requirements
would result in the elimination of some
national data from the 8080–08 report.28
The FAA estimates that the FAA would
save about 3 hours per quarter from the
elimination of the aforementioned data.
FAA statisticians who produce this
report are at an FV H level, averaging an
hourly wage rate of $37.13.29 The fringe
benefit for the government is 36
percent; 30 thus the fully-loaded wage
rate is $50.50. The FAA estimates 12
fewer annual hours and annual cost
saving of $606 for provision § 147.31.
FAA Statistician
@$50.50/hour
§ 147.31 Provision
Estimated annual hours
Estimated
annual cost
savings
12
$606
Eliminate the national passing norms specified in the quality of instruction requirements ......................
The FAA is soliciting comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the FAA, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the 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 June 17,
2019. 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
Building, Room 10202, 725 17th Street
NW, Washington, DC 20053.
khammond on DSKBBV9HB2PROD with PROPOSALS
F. International Compatibility and
Cooperation
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to ICAO Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences with
these proposed regulations.
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6 of FAA Order 1050.1F
and involves no extraordinary
circumstances.
V. Executive Order Determinations
A. Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs
This proposed rule is expected to be
an Executive Order 13771 deregulatory
action. Details on the flexibilities and
potential cost savings of the NPRM rule
can be found in the NPRM Regulatory
Evaluation.
B. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that 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.
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
The FAA analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
28 As a result of this change the National
Applicants and the National Norm columns would
be eliminated from the 8080–08 report.
29 Mid-range salary of 2017 FV–H level divided
by 2,080 hours. Accessed on December 5, 2017 from
https://my.faa.gov/employee_services/pay_perf/
pay.html.html#plansTables.
30 Memorandum ‘‘Update to Civilian Position
Full Fringe Benefit Cost Factor, Federal Pay Raise
Assumptions, and Inflation Factors used in OMB
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on the supply, distribution, or use of
energy.
VI. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, and 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 send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
The 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 rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
change this proposal in light of the
comments it receives.
Proprietary or Confidential Business
Information: Commenters should not
file proprietary or confidential business
information in the docket. Such
information must be sent or delivered
directly to the person identified in the
FOR FURTHER INFORMATION CONTACT
section of this document, and marked as
proprietary or confidential. If submitting
information on a disk or CD ROM, mark
the outside of the disk or CD ROM, and
Circular No. A–76, ‘Performance of Commercial
Activities,’ ’’ 3/11/2008, page 2.
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identify electronically within the disk or
CD ROM the specific information that is
proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is
aware of proprietary information filed
with a comment, the agency does not
place it in the docket. It is held in a
separate file to which the public does
not have access, and the FAA places a
note in the docket that it has received
it. If the FAA receives a request to
examine or copy this information, it
treats it as any other request under the
Freedom of Information Act (5 U.S.C.
552). The FAA processes such a request
under DOT procedures found in 49 CFR
part 7.
B. Availability of Rulemaking
Documents
An electronic copy of rulemaking
documents may be obtained from 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.gpo.gov/fdsys/.
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. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the internet through the Federal
eRulemaking Portal referenced in item
(1) above.
List of Subjects in 14 CFR Part 147
Aircraft, Airmen, Educational
facilities, Reporting and recordkeeping
requirements, Schools.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of title 14,
Code of Federal Regulations as follows:
khammond on DSKBBV9HB2PROD with PROPOSALS
PART 147—AVIATION MAINTENANCE
TECHNICIAN SCHOOLS
1. The authority citation for part 147
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44707–44709.
■
2. Add § 147.14 to read as follows:
§ 147.14
Satellite training locations.
(a) Except as specified in paragraph
(c)(5) of this section, the holder of an
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aviation maintenance technician school
certificate may, with FAA approval,
conduct training at either a dependent
satellite training location in accordance
with paragraph (b) of this section, or at
an independent satellite training
location in accordance with paragraph
(c) of this section, provided the
following requirements are met—
(1) The parent aviation maintenance
technician school must make an
application for a satellite training
location in a form and manner
prescribed by the FAA at least 60 days
prior to the intended start date of
training. The application must include
the scheduled training start date and the
content specified in § 147.5(a)(1)
through (4) of this part;
(2) The parent aviation maintenance
technician school’s operations
specifications must include the name
and physical address of the satellite
training location and the person with
responsibility for operations at the
satellite training location;
(3) The parent aviation maintenance
technician school must develop
adequate procedures describing satellite
operations acceptable to the FAA, and
make them available to each satellite
location;
(4) The satellite training location must
use the curriculum and procedures of
the parent aviation maintenance
technician school, and the curriculum
must meet the applicable requirements
of this part;
(5) The satellite training location may
share personnel and equipment from the
parent aviation maintenance technician
school and from each of the satellite
training location(s), unless the FAA
indicates otherwise; and
(6) The facilities, equipment, and
personnel of the satellite training
location must meet the applicable
requirements of this part.
(b) Dependent satellite training
location. Except as specified in
paragraph (c)(5) of this section, the
holder of an aviation maintenance
technician school certificate may
conduct training in accordance with its
FAA-approved curriculum at a satellite
training location away from the school’s
primary location, provided the
following requirements are met—
(1) The certificate holder’s operations
specifications must include the course
curriculum to be offered at the
dependent satellite training location;
(2) The certificate holder must ensure
the dependent satellite training location
complies with the applicable
requirements of this part; and
(3) The dependent satellite training
location must allow the FAA to inspect
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Sfmt 4702
15547
its facility to determine compliance
with this part.
(c) Independent satellite training
locations. A certificated aviation
maintenance technician school may
serve as an independent satellite
training location of another certificated
school, provided the independent
satellite training location operates under
its own certificate issued by the FAA.
An independent satellite training
location—
(1) Must operate using the curriculum
and procedures of the parent aviation
maintenance technician school, except
for any documented differences that
have been accepted or approved by the
FAA as applicable;
(2) May not hold a rating not held by
the parent aviation maintenance
technician school;
(3) Must meet the requirements for
each rating it holds;
(4) Must ensure compliance with the
applicable requirements of this part
independent of the parent aviation
maintenance technician school; and
(5) May not conduct training at
another satellite training location.
■ 3. Amend § 147.17 by revising
paragraph (a)(2) to read as follows:
§ 147.17 Instructional equipment
requirements.
(a) * * *
(1) * * *
(2) At least one aircraft typecertificated by the FAA with
powerplant, propeller, instruments,
navigation and communications
equipment, landing lights, and other
equipment and accessories on which a
maintenance technician might be
required to work and with which the
technician should be familiar.
*
*
*
*
*
■ 4. Amend § 147.21 by revising the
introductory text of paragraph (b) to
read as follows:
§ 147.21
General curriculum requirements.
*
*
*
*
*
(b) Except as provided in § 147.22 of
this part, the curriculum required by
paragraph (a) of this section must offer
at least the number of instructional
hours or credit hours for the rating
sought as set forth in paragraph (b)(1) or
(b)(2) of this section as follows:
*
*
*
*
*
■ 5. Add § 147.22 to read as follows:
§ 147.22 Competency-based training
curriculum.
(a) General. The FAA-approved
curriculum required by § 147.21(a) may
include competency-based training. A
certificated aviation maintenance
technician school may use a
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competency-based training curriculum
provided the school obtains FAA
approval of its competency-based
training program through an operations
specification and has shown the
requirements of this section are met.
Except for the hour requirements of
§ 147.21(b), all other requirements of
this part apply to a competency-based
training program.
(b) Structure and content. (1) The
competency-based training curriculum
must cover the subjects prescribed in
appendixes B, C, or D, as appropriate to
the course being approved, the course
content items and teaching levels
included under those subject area
headings in the school’s operations
specifications, and the applicable
competencies for each of those items.
(2) Each competency-based training
curriculum must define the
competencies, to include knowledge,
skills, and observable behaviors, that
apply to each course content item and
associated teaching level, which are
prescribed in the school’s operations
specification. The students will be
trained and assessed to the
competencies defined in the
curriculum.
(3) The certificated aviation
maintenance technician school may
develop additional course content items
in its curriculum for FAA approval. For
each additional course content item, the
certificated aviation maintenance
technician school must define the
applicable competencies, to include the
knowledge, skills, and observable
behaviors, that the student will be
trained and assessed to.
(c) Training. (1) The certificated
aviation maintenance technician school
must train each student to achieve the
applicable competencies, with respect
to each course content item as defined
in the competency-based training
curriculum. A competency-based
training program may be defined to
include—
(i) A variety of teaching methods; and
(ii) Group instruction, individualized
instruction, or any combination thereof.
(2) For each course content item, the
certificated aviation maintenance
technician school must describe the
following:
(i) Theory requirements in classroom
or by distance learning;
(ii) Laboratory or shop requirements,
including a description of the practical
projects to be completed;
(iii) The order of instruction;
(iv) Whether the instruction will be
individualized or given in a group;
(v) The applicable competencies, to
include knowledge, skills, and
observable behaviors;
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(vi) Objective testing and grading
criteria; and
(vii) Schedule of required tests and
assessments that shows the sequence of
examinations for each subject in the
curriculum.
(d) Competency assessments. (1) The
competency-based training curriculum
must describe how and when the school
will assess whether the student can
demonstrate the applicable
competencies (knowledge, skills, and
observable behaviors) for each course
content item. The assessments must—
(i) Assess each course content item;
(ii) Determine whether the student
can demonstrate all applicable
competencies (the knowledge, skills,
and observable behaviors); and
(iii) Be consistent with the required
teaching levels specified in the
operations specification.
(2) The competency-based training
curriculum must describe what each
competency assessment will consist of,
including proportions of theory to be
tested, a list of tests or assessments to
be given, and a description of practical
projects to be completed.
(3) For each competency assessment
described in the competency based
training curriculum, the school must
develop a scoring guide that its
instructors will use to conduct the
assessment.
(4) The school may find a student
competent when the student can
demonstrate each applicable
competency, with respect to the course
content item being assessed, at a
minimum of 70 percent.
(5) A graduation certificate or
certificate of completion will be issued
only when the student competency, as
defined in paragraph (d)(4) of this
section, can be shown for each
competency outlined in the student’s
individual curriculum. The certificate
must meet the requirements of § 147.35.
(e) Remedial training. For a student
who fails to demonstrate competency of
a course content item in accordance
with paragraph (d)(4) of this section—
(1) The school must provide
additional training and reassessment in
areas of deficiency until the student can
demonstrate the knowledge, skills, and
observable behaviors that reflect the
competencies at a minimum of 70
percent; and
(2) Where order of instruction
requirements are specified in an
approved competency-based training
program, the student may not progress
to a subsequent related course content
item or subject area until the student
has demonstrated competency in the
subject matter in which they were found
deficient.
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Fmt 4702
Sfmt 4702
(f) Students with prior aviation
maintenance training or experience.
(1) Pre-training assessment. For
students that have prior aviation
maintenance training or experience in a
subject area, the school may conduct a
pre-training assessment of the student’s
initial competencies. The assessment
must meet the requirements specified in
paragraph (d)(1) of this section, as
applicable to the subject areas and/or
course content item(s) being assessed.
The school must describe how it will
assess the student’s knowledge, skills
and observable behaviors, including for
each course content item:
(i) The proportions of theory to be
tested;
(ii) A list of tests or assessments to be
given; and
(iii) A description of the practical
projects to be completed.
(2) Individualized Training. The
result of the pre-training assessment is
the student’s individual curriculum.
The individual’s curriculum must
include the subject areas and course
content items for which the student did
not demonstrate competency. For each
subject area and course content item,
the certificated aviation maintenance
technician school must satisfy
paragraph (c)(2) of this section.
(3) Competency Assessments and
Remedial Training. The school must
conduct competency assessments that
satisfy the requirements of paragraph (d)
of this section. If the student fails to
demonstrate competency in a course
content item or subject area in
accordance with paragraph (d)(4) of this
section, the school must satisfy the
remedial training requirements of
paragraph (e) of this section.
(g) Instructors. (1) The competencybased training program must describe
the following—
(i) How the school’s method ensures
that instructors used to deliver
competency-based training curriculum
material are trained on the school’s
competency-based training program
requirements, including delivery
methods and assessment techniques;
and
(ii) How the school will evaluate the
instructors’ competencies to ensure they
are qualified to provide competencybased training and assessments.
(2) The competency-based training
program must meet the requirements of
§ 147.23 and describe the instructor to
student ratios that will apply to group
instruction in the laboratory or shop.
(h) Data collection and analysis
process. The certificated aviation
maintenance technician school must
establish and maintain a data collection
and analysis process on its students and
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instructors that will enable the school
and the FAA to determine whether the
competency-based training program is
accomplishing its objectives. The school
must maintain records of outputs of the
data collection and analysis process.
Such records must be retained for a
minimum of 2 years.
(i) Recordkeeping requirements. In
addition to meeting the record
requirements specified in § 147.33, each
certificated aviation maintenance
technician school conducting an
approved competency-based training
curriculum must establish and maintain
for each student enrolled records that
show the student’s progression through
the student’s individual curriculum,
including documentation of any pretraining assessments and competency
assessments.
(j) Revisions. Whenever the FAA finds
that revisions are necessary for the
continued adequacy of a competencybased training program that has been
granted FAA approval, the certificate
holder shall, after notification, make any
changes in the program that are found
necessary by the FAA.
■ 6. Revise § 147.37 to read as follows:
§ 147.37
Quality of instruction.
On a quarterly basis, each certificated
aviation maintenance technician school
must have provided instruction of a
sufficient quality that, in the prior 24
calendar months, at least 70 percent of
its graduates passed on the first attempt
within 60 days of graduation each
written knowledge test leading to a
certificate or rating. As set forth in
§ 65.17 of this chapter, the minimum
passing grade is 70 percent.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), 44703, and 44707 in
Washington, DC, on March 22, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards
Office.
[FR Doc. 2019–06399 Filed 4–15–19; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
khammond on DSKBBV9HB2PROD with PROPOSALS
[EPA–R03–OAR–2011–0140; FRL–9991–70–
Region 3]
Outer Continental Shelf Air
Regulations; Consistency Update for
Virginia
Environmental Protection
Agency.
ACTION: Proposed rule; consistency
update.
AGENCY:
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The Environmental Protection
Agency (EPA) is proposing to update a
portion of the Outer Continental Shelf
(OCS) Air Regulations. Requirements
applying to OCS sources located within
25 miles of states’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
mandated by section 328(a)(1) of the
Clean Air Act (CAA). The portion of the
OCS air regulations that is being
updated pertains to the requirements for
OCS sources for which Virginia is the
designated COA. The Commonwealth of
Virginia’s requirements discussed in
this document are proposed to be
incorporated by reference into the Code
of Federal Regulations and listed in the
appendix to the OCS air regulations.
DATES: Written comments must be
received on or before May 16, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2011–0140 at https://
www.regulations.gov, or via email to
maldonado.zelma@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mrs.
Amy Johansen, Office of Permits and
State Programs (3AP10), Air Protection
Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2156.
Mrs. Johansen can also be reached via
electronic mail at johansen.amy@
epa.gov.
SUMMARY:
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Fmt 4702
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15549
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA
promulgated 40 CFR part 55,1 which
established requirements to control air
pollution from OCS sources in order to
attain and maintain federal and state
ambient air quality standards and to
comply with the provisions of part C of
title I of the CAA. The regulations at 40
CFR part 55 apply to all OCS sources
except those located in the Gulf of
Mexico west of 87.5 degrees longitude.
See 40 CFR 55.3(a). Section 328 of the
CAA requires that for such sources
located within 25 miles of a state’s
seaward boundary, the requirements
shall be the same as would be
applicable if the sources were located in
the COA. Because the OCS requirements
are based on onshore requirements, and
onshore requirements may change,
section 328(a)(1) requires that EPA
update the OCS requirements as
necessary to maintain consistency with
onshore requirements.
Pursuant to 40 CFR 55.12, consistency
reviews will occur (1) at least annually;
(2) upon receipt of a Notice of Intent
(NOI) under 40 CFR 55.4; or (3) when
a state or local agency submits a rule to
EPA to be considered for incorporation
by reference in 40 CFR part 55. This
proposed action is being taken in
response to the submittal of a NOI,
received on January 28, 2019, by
Dominion Energy Virginia, for the
proposed installation of a 12-megawatt
offshore wind technology testing facility
located approximately 24 nautical miles
east of the City of Virginia Beach,
Virginia.2 Public comments received in
writing within 30 days of publication of
this document will be considered by
EPA before publishing a final rule.
Section 328(a) of the CAA requires
that EPA establish requirements to
control air pollution from OCS sources
located within 25 miles of States’
seaward boundaries that are the same as
onshore requirements. To comply with
this statutory mandate, EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
1 The reader may refer to the Notice of Proposed
Rulemaking, December 5, 1991 (56 FR 63774), and
the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further
background and information on the OCS
regulations.
2 The EPA Region III Office was directly impacted
by Congress’ failure to appropriate funds during the
2018–19 federal government shutdown and
resulting furlough of many federal employees,
including Region III personnel. As a result,
although the NOI from Dominion Energy Virginia
was signed on December 21, 2018, it was not
received and date-stamped by EPA Region III until
January 28, 2019, when the Region III office
returned to operation.
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Agencies
[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Proposed Rules]
[Pages 15533-15549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06399]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 147
[Docket No.: FAA-2015-3901; Notice No. 19-02]
RIN 2120-AK48
Aviation Maintenance Technician Schools
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
-----------------------------------------------------------------------
SUMMARY: On October 2, 2015, the FAA published in the Federal Register
a notice of proposed rulemaking proposing to amend the regulations
governing the curriculum and operations of FAA-certificated Aviation
Maintenance Technician Schools. Commenters suggested expanding the
scope of that proposal to allow competency-based training and satellite
training locations and to eliminate the national passing norms
specified in the quality of instruction requirements. After analyzing
the comments, the FAA agrees with expanding the scope of the proposal.
The FAA is proposing to allow the option of competency-based training
and satellite training locations. Additionally, the FAA is proposing to
amend the quality of instruction requirements by replacing the national
passing norms with a standard pass rate.
DATES: Send comments on or before June 17, 2019.
ADDRESSES: Send comments identified by docket number FAA-2015-3901
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, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, 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 better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20591, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Robert W. Warren, Aircraft Maintenance Division,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone (202) 267 1711; email
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The 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 the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Title 49, Subtitle VII, Part A, Subpart I, Chapter 401, Section 40113
(prescribing general authority of the Administrator of the FAA, with
respect to aviation safety duties and powers, to prescribe
regulations); and Subpart III, Chapter 447, Sections 44701 (general
authority of the Administrator to prescribe regulations and minimum
standards in the interest of safety for inspecting, servicing, and
overhauling aircraft, engines, propellers, and appliances, including
for other practices, methods, and procedures necessary for safety in
air commerce); 44702 (authority of the Administrator to issue air
agency certificates); 44707 (authority of the Administrator to examine
and rate air agencies, including civilian schools giving instruction in
repairing, altering, and maintaining aircraft, aircraft engines,
propellers, and appliances, on the adequacy of instruction, the
suitability and airworthiness of equipment, and the competency of
instructors); and 44709 (authority of the Administrator to amend,
modify, suspend, and revoke air agency and other FAA-issued
certificates).
Table of Contents
I. Executive Summary
II. Background
A. Summary of Notice of Proposed Rulemaking (NPRM)
B. Summary of Comments on NPRM
C. General Overview of SNPRM
III. Discussion of SNPRM
A. Competency-Based Training
1. Structure and Content
2. Training, Competency Assessments, and Remedial Training
3. Students With Prior Training or Experience
4. Instructors
5. Data Collection, Analysis, and Recordkeeping
B. Satellite Training Locations
C. Quality of Instruction
D. Miscellaneous Amendment
IV. Regulatory Notices and Analysis
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility and Cooperation
G. Environmental Analysis
V. Executive Order Determination
A. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
B. Executive Order 13132, Federalism
C. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
VI. Additional Information
A. Comments Invited
B. Availability of Rulemaking Documents
[[Page 15534]]
I. Executive Summary
On October 2, 2015, the FAA published a NPRM titled ``Aviation
Maintenance Technician Schools'' (80 FR 59674) proposing to amend 14
CFR part 147 (part 147), which contains the curriculum and operating
requirements for Aviation Maintenance Technician Schools (AMTS). The
FAA received over 300 comments in response to the NPRM. Among these
comments were requests to the FAA to allow competency-based training
(CBT) and satellite training locations. The FAA also received comments
on the quality of instruction requirements, including the suggestion to
remove the national passing norms.
Since any changes to the regulations covering these three topics
would be beyond the scope of what was proposed in the NPRM, the FAA is
publishing this SNPRM to provide notice of the proposed changes and the
opportunity for comments on these new proposals.
In this SNPRM, The FAA proposes to allow AMTSs to deliver their
approved curriculums using a CBT program. The FAA also proposes to
allow satellite training locations for these schools, which could
expand the capacity to recruit and educate future aircraft mechanics.
Lastly, the FAA proposes to replace the current national passing norm
requirements with a standard pass rate that would apply to all AMTSs.
CBT and satellite training locations would be voluntary provisions.
Therefore, the FAA assumes the utilization of these flexibilities would
produce benefits net of costs because AMTSs will only adopt these
changes if they believe they will be cost beneficial. The FAA estimates
that the overall cost saving of the requirement to replace the national
passing norms with a standard pass rate would be minimal. Therefore,
the expected outcome of this proposed rule will be a minimal impact.
Providing flexibility to AMTSs to use CBT may produce cost savings
and generate benefits. For instance, CBT would allow AMTSs to pre-
screen applicants for competencies they possess at the time of
application, and provide relief to those applicants for the
corresponding curriculum elements. CBT may also allow the AMTS to focus
on the competencies for which their students require more remedial
attention, providing a more individualized and higher-quality training
for its students. At this time, the FAA does not have data to
quantitatively assess whether the relief provided by the pre-assessment
of student competencies would outweigh the costs associated with the
additional care and attention provided to students who require remedial
attention. Nevertheless, the FAA believes that CBT would allow AMTSs to
concentrate resources on where they will provide the most benefits.
The FAA acknowledges that there would be some startup costs
incurred for some schools to transition over to CBT. However, the FAA
believes that because this SNPRM provides CBT as an additional
flexibility, rather than a requirement, it can safely presume that any
utilization of CBT would provide benefits or cost savings that exceed
the costs. Similarly, the FAA acknowledges that AMTSs would incur costs
to set up satellite locations, but the FAA presumes that AMTSs would
only incur those costs if there were sufficient demand to recover them.
The FAA estimates that the overall cost saving of the requirement
to replace the national passing norms with a standard pass rate would
be minimal.
II. Background
A. Summary of NPRM
As previously stated, on October 2, 2015, the FAA published an NPRM
titled ``Aviation Maintenance Technician Schools.'' \1\ In the NPRM,
the FAA proposed to amend the regulations governing the curriculum and
operations of FAA-certificated AMTSs. The proposed rule would modernize
and reorganize the required curriculum subjects found in the appendices
of the current regulations. The FAA also proposed to remove the course
content items from the appendices and relocate them to each school's
operations specifications.\2\ This change would enable easier and more
timely amendments to course content when necessary. Additionally, the
FAA proposed to revise the curriculum requirements to include an option
for schools to use a credit hour curriculum as an alternative to an
instructional hour curriculum.
---------------------------------------------------------------------------
\1\ 80 FR 59677.
\2\ Part 147 contains general curriculum subjects (appendix B),
airframe curriculum subjects (appendix C), and powerplant curriculum
subjects (appendix D). Each of these appendices contains subject
headings, tasks within those subject headings, and the levels of
proficiency to be demonstrated for each task. In the NPRM, the FAA
proposed to revise and retain the subject headings but remove the
remaining course content (i.e., the tasks and proficiency levels)
and place them in the AMTS' operations specifications.
---------------------------------------------------------------------------
The FAA proposed these changes because the existing curriculums in
some areas are outdated, do not meet current industry needs, and can be
changed only through notice and comment rulemaking. These amendments
would better enable students to receive current foundational training
that meets the demanding and dynamic needs of the aviation industry.
Additionally, with respect to the quality of instruction
requirements, the FAA proposed to retain the current national passing
norms, which require a named proportion of each school's graduates who
apply within 60 days after graduation to pass the FAA written knowledge
test during a specified period of time. The proportion of graduates who
must pass the written knowledge test varies depending on the number of
students who graduated from the school.
The proposals in the NPRM remain unchanged. However, given the
length of time that has passed since the close of the NPRM's comment
period, the FAA will accept any new or updated comments on the
provisions in the NPRM. To avoid delay in issuing a final rule, the FAA
requests that commenters refrain from resubmitting prior comments that
are unchanged as those comments are already in the docket and will be
addressed in the final rule.
B. Summary of Comments on NPRM
The FAA received 324 comments in response to the NPRM. Commenters
included industry organizations, individuals, instructors, and
management of AMTSs. This section summarizes only the comments that
relate to the three topics proposed in this SNPRM. All other comments
will be disposed of in the final rule.
Several commenters asked the FAA to allow schools to provide some
form of CBT in lieu of training based on a set number of curriculum
hours. These commenters included 15 industry organizations (see Table:
Industry Organization Commenters) and 9 individuals. Commenters
explained that allowing a CBT curriculum would create flexibility and
allow students to progress as they demonstrate mastery of subject
matter. All but one individual supported CBT without hesitation. One
individual commented that he is opposed to CBT if there is no test
period or study to validate the effectiveness of the new method of
training.
Table--Industry Organization Commenters
------------------------------------------------------------------------
-------------------------------------------------------------------------
Aviation Technician Education Council.
Aeronautical Repair Station Association.
Aerospace Maintenance Council.
Aircraft Electronics Association.
Aircraft Mechanic Fraternal Association.
Aircraft Owners and Pilots Association.
Airlines for America.
Aviation Suppliers Association.
[[Page 15535]]
Helicopter Association International.
Modification and Replacement Parts Association.
National Air Carrier Association.
National Air Transportation Association.
Regional Airline Association.
STEM Education Coalition.
University Aviation Association.
------------------------------------------------------------------------
One commenter asked the FAA to allow schools to conduct training at
satellite locations away from the schools' primary location, such as at
high schools.
Several commenters commented on the quality of instruction
requirements. One commenter recommended the FAA remove the quality of
instruction requirements entirely. The commenter explained that
requiring passing norms is unnecessary and creates additional
surveillance burdens on the FAA without an increase in safety. Several
commenters expressed concern with the FAA's proposal to add a
requirement that stated the failure to maintain the quality of
instruction may be the basis for suspending or revoking the school's
certificate.
These comments are discussed in more detail in section III of this
preamble, ``Discussion of SNPRM.''
C. General Overview of SNPRM
The commenters' requests to allow CBT and satellite training
locations and to eliminate the passing norms were beyond the scope of
the NPRM. After considering the comments and the potential benefits to
industry, the FAA has decided to expand the scope of the rulemaking by
issuing an SNPRM. This SNPRM contains three new proposals. First, the
FAA proposes to allow AMTSs to deliver their approved curriculums using
CBT programs. The FAA proposes to add a new section, Sec. 147.22, that
would prescribe the requirements for a CBT program. Second, the FAA
proposes new Sec. 147.14 to allow satellite training locations for
AMTSs, such as at high schools, which could expand the capacity to
recruit and educate future aircraft mechanics. Lastly, the FAA proposes
to amend the quality of instruction requirements in Sec. 147.37 by
removing the national passing norm requirements and replacing them with
a standard pass rate. These proposals are discussed in more detail in
the following section.
III. Discussion of SNPRM
A. Competency-Based Training (CBT)
In the NPRM, the FAA proposed to revise Sec. 147.21(b) to allow
schools to use a credit hour curriculum instead of a traditional
instructional hour curriculum. In the context of this proposal, the
NPRM mentioned the term ``competency-based training.'' \3\
---------------------------------------------------------------------------
\3\ 80 FR 59677.
---------------------------------------------------------------------------
One commenter explained that a CBT curriculum would be based on
knowledge and skill requirements rather than hour requirements. Another
commenter asserted that the FAA confused credit hours with competency.
The FAA received several comments asking for a competency-based
standard free of defined schedules and hour requirements. Many
commenters suggested that CBT would allow industry to transition away
from classroom ``seat'' time in favor of a structure that creates
flexibility and would allow students to progress as they demonstrated
mastery of the specific subject matter, regardless of time, place, or
pace of learning. Another commenter explained that competency-based
instruction would allow instructors to meet each student's learning
needs and styles.
After analyzing these comments, the FAA recognized that its use of
the term ``competency-based training'' in the context of a credit hour
curriculum was inconsistent with the concept of competency-based
education. The International Civil Aviation Organization (ICAO) defines
``competency-based training and assessment'' as training and assessment
that are characterized by a performance orientation, emphasis on
standards of performance and their measurement, and the development of
training to the specified performance standards.\4\ Upon review of the
comments on the NPRM, the FAA has decided to expand the proposal to
include an option for schools to use a CBT curriculum.
---------------------------------------------------------------------------
\4\ ICAO Doc 9868, Procedures for Air Navigation Services,
Training, 2d Edition (2016).
---------------------------------------------------------------------------
In this SNPRM, the FAA proposes to add a new Sec. 147.22, which
would contain the requirements for a CBT program. Additionally, because
proposed Sec. 147.21(b) would require each school's approved
curriculum to offer a prescriptive number of instruction hours or
credit hours for the rating sought, the FAA is proposing to include an
exception in proposed Sec. 147.21(b) for CBT programs that satisfy the
requirements of proposed Sec. 147.22. Section 147.22 would add CBT as
an option for certificated AMTSs. Under the proposed regulatory
framework, the FAA would allow an AMTS to offer a CBT program in
addition to either an instructional hour program or a credit hour
program. Alternatively, an AMTS would have the option to provide only
CBT under proposed Sec. 147.22. However, based on proposed Sec.
147.21(b), if a school chooses not to offer CBT, that school must offer
either instruction hours or credit hours.
Under proposed Sec. 147.22, a certificated AMTS could develop and
use a CBT curriculum, provided the school obtains FAA-approval of its
CBT program through an operations specification. An AMTS may develop a
general, airframe, and/or powerplant CBT curriculum, or a combined
airframe and powerplant curriculum, as applicable to the school's
ratings. In addition, the proposal would allow an AMTS to develop
individualized curriculums for students based on pre-training
assessments. A CBT program would encompass an AMTS's CBT curriculum(s).
In addition, proposed Sec. 147.22 would require a CBT program to
include the following elements: Structure and content, training,
competency assessments, students with prior training and experience,
instructor qualification, data collection and analysis process, and
recordkeeping. These proposed requirements are addressed in more detail
in the following discussions.
1. Structure and Content
CBT is a method of instruction that defines a set of competencies
and that trains and assesses each student to achieve those
competencies. A competency is a combination of skills, knowledge, and
observable behaviors required to perform a task to the prescribed
standard.\5\ The FAA proposes to allow certificated AMTSs to develop a
CBT program for FAA-approval.
---------------------------------------------------------------------------
\5\ ICAO defines competency as ``[a] combination of skills,
knowledge, and attitudes required to perform a task to the
prescribed standard.'' Doc 9868, Procedures for Air Navigation
Services, Training, 2nd ed. (Oct. 11, 2016).
---------------------------------------------------------------------------
Under proposed Sec. 147.22, to obtain FAA approval, the CBT
curriculum would be required to cover the subjects prescribed in
appendices B, C, and/or D, the course content items and teaching levels
included under those subject headings, and the applicable competencies
for each of those items. The FAA would give schools the flexibility to
define the competencies in their CBT curriculums. However, the schools
would be required to define the competencies based on the course
content items and associated teaching levels, which the FAA proposed to
include in the schools' operations specifications.\6\ The FAA believes
the
[[Page 15536]]
course content items and associated teaching levels convey the minimum
standards necessary to qualify students to meet the requirements for a
mechanic certificate, which are specified in part 65, subpart D.
Accordingly, proposed Sec. 147.22(b)(2) would allow a certificated
AMTS to define in its CBT curriculum the competencies, to include
knowledge, skills, and observable behaviors, that apply to each course
content item and associated teaching level. The school would then train
and assess its students to the competencies defined in its curriculum.
---------------------------------------------------------------------------
\6\ 59674 FR at 59676.
---------------------------------------------------------------------------
Additionally, the FAA believes that a certificated AMTS should have
the flexibility to develop course content items that are not prescribed
by the FAA, and add those course content items, which must be approved,
to the operations specification. The FAA therefore proposes Sec.
147.22(b)(3) to allow schools to develop additional course content
items in its approved curriculum. Additional course content items would
be listed in Table II of the appropriate operations specification. For
each additional course content item the school develops, the FAA
proposes to require the school to define the applicable competencies,
to include the knowledge, skills, and observable behaviors to which the
student would be trained and assessed.
2. Training, Competency Assessments, and Remedial Training
Under a CBT program, rather than focusing on the number of
instructional hours received in a classroom, schools would be focused
on training students to achieve the competencies, which include
knowledge, skills, and observable behaviors, that are necessary to
perform as a certificated mechanic. A CBT curriculum would allow
schools to train students in a more individualized manner based on the
students' knowledge and skill levels. Students would advance in the
areas they demonstrate competency and would receive additional training
in the areas they are deficient. This competency-based structure would
enable students to advance at their own pace while placing emphasis on
demonstrated proficiency rather than the instruction time.
A CBT curriculum would train a student to achieve the applicable
competencies, assess whether the student can demonstrate the applicable
competencies, and conduct remedial training in areas in which the
student has failed to demonstrate the applicable competencies.
Therefore, the FAA is proposing training requirements in Sec.
147.22(c), assessment requirements in Sec. 147.22(d), and remedial
training requirements in Sec. 147.22(e).
Proposed Sec. 147.22(c)(1) would require the AMTS to train each
student to achieve the competencies defined in its curriculum. The FAA
proposes to allow a CBT curriculum to consist of a variety of teaching
methods that are not based on hours of instruction or credit hours. For
example, these teaching methods may include, but are not limited to,
lectures, distance learning, and practical projects in the shop or
laboratory. Additionally, the FAA proposes to allow a CBT curriculum to
offer group instruction, one-on-one instruction, or any combination
thereof. However, the AMTS would still be required to comply with
instructor to student ratios in Sec. 147.23 and instruction equipment
requirements in Sec. 147.17(c). The FAA believes this flexibility
would allow schools to tailor their teaching methods to their students.
While the FAA intends to give schools the necessary flexibility in
developing their CBT curriculums, these curriculums are still required
to be approved by the FAA. Therefore, under proposed Sec.
147.22(c)(2), the FAA proposes to require the school to describe, for
each course content item, various elements of its CBT curriculum. In
addition to defining the applicable competencies for each course
content item, the school would be required to describe which teaching
methods it intends to use for each course content item, including any
classroom, distance learning, and laboratory or shop requirements. The
school would also be required to describe which portions of the
curriculum would be given in a group setting and which would be given
one-on-one. The FAA also believes a school should be required to define
its order of instruction in its CBT curriculum. The order of
instruction is necessary because under a CBT program a student should
not advance to a related course content item or subject area until the
student has demonstrated mastery of the current subject matter. A
related course content item or subject area is one for which the school
has defined a prerequisite or precursor for subsequent learning.
Furthermore, while a school would have the flexibility to determine
when a test or assessment should be conducted under a CBT program, the
FAA proposes to require each school to describe the schedule of tests
and assessments for each course content item. The school would also be
required to describe the objective testing and grading criteria it
would use in conducting any tests or assessments.
Proposed Sec. 147.22(d) would include the requirements for
competency assessments. The FAA believes that competency assessments
are a key element in a CBT program because they measure the
effectiveness of the training, the student's comprehension of the
material, and the student's knowledge and skill level in the course
content item being assessed. Each school must determine the scoring
guide(s) that would be used to conduct each competency assessment. By
assessing whether a student has achieved the competencies defined in
the CBT curriculum, the school would determine whether the student
needs additional training in a certain area.
Under proposed Sec. 147.22(d), each school conducting a CBT
program would be required to assess whether its students can
demonstrate the applicable competencies for each course content item.
The FAA proposes to allow the school to determine when and how it would
assess its students; however, these details must be described in its
CBT program. Additionally, the school must develop a series of
assessments that, in their totality, assess each course content item;
determine whether the student can demonstrate all applicable
competencies; and are consistent with the required teaching levels
specified in the operations specification.
In accordance with Sec. 147.22(d)(4), a school may find a student
competent when the student can demonstrate each applicable competency,
with respect to the course content item being assessed, at a minimum of
70 percent. A generally accepted academic standard for passing is a
minimum of 70 percent. This is the current standard used by the FAA to
determine adequate knowledge and skill for airmen. Certificated AMTSs
would have the discretion to use a standard that exceeds 70 percent,
provided the standard is defined in the school's approved CBT program.
Under proposed Sec. 147.22(d)(5), the FAA would allow issuance of
a graduation certificate or certificate of completion when the student
can demonstrate successful completion of each competency outlined in
the student's curriculum. The school would still be required to comply
with Sec. 147.35 (as proposed in the NPRM). Thus, the school would be
required to provide a graduation certificate or certificate of
completion to every student it graduates. The certificate would be
required to show the date of graduation, the approved curriculum, and
an official of the school would be required to authenticate it. The FAA
seeks comment on whether the graduation certificate
[[Page 15537]]
should also include the school's name and air agency certificate
number.
Because the objective of CBT is to train each student to achieve
the applicable competencies, to include knowledge, skill, and
observable behaviors, the FAA proposes to require remedial training in
any course content item for which the student has failed to demonstrate
competency during the required assessment. The FAA proposes
requirements governing remedial training in Sec. 147.22(e). At the
conclusion of a competency assessment, the school would determine
whether remedial training is necessary in accordance with proposed
Sec. 147.22(e). If a student fails to demonstrate competency of a
course content item in accordance with the standard specified in
proposed Sec. 147.22(d)(4), the school would be required to provide
additional training and reassessment in areas of deficiency until the
student can demonstrate the knowledge, skills, and observable behaviors
that reflect the competencies at a minimum of 70 percent. The FAA
emphasizes that a student would not be allowed to advance to a
subsequent related course content item or subject area until that
student has achieved the competencies in the subject area in which they
were found deficient.
3. Students With Prior Training or Experience
The FAA received several comments regarding how a CBT program would
benefit an individual with prior training or experience. One commenter
explained how qualified mechanics from other fields are currently
required to sit through redundant training to meet the prescribed
number of hours under the traditional instruction hour curriculum. The
FAA sees some minor redundancies in training when comparing, for
example, an aircraft mechanic to an automobile mechanic. However, these
redundancies are limited in scope. Because aviation maintenance
practices and procedures are governed by a specific and unique
regulatory framework, it is essential that students with maintenance
experience in other fields receive comprehensive and complete training
within AMTS curriculums. The FAA proposes to require a pre-training
assessment for students that are seeking credit for prior training or
experience in aviation maintenance, such as in a certain subject area
or specific course content items. Persons with non-aviation related
mechanical experience or training would not be eligible for pre-
training assessments. Individuals must receive specific training
relating to aircraft and aircraft safety because of the hazards, risks,
and responsibilities associated with aviation maintenance. Students
with non-aviation experience or training still stand to benefit from a
CBT program, progressing at their own pace rather than attending class
for the required number of instructional hours.
Proposed Sec. 147.22(f)(1) would allow a school to conduct a pre-
training assessment of the student's initial competencies. Because a
student with prior training or experience should be trained and
assessed to the same standard as the other students, the FAA proposes
to require the pre-training assessment to meet the competency
assessment requirements of Sec. 147.22(d)(1), as applicable to the
course content item being assessed. If during a pre-training
assessment, the student fails to demonstrate each applicable
competency, with respect to the course content item being assessed, at
a minimum of 70 percent, the school may not credit the student with
competency in the course content item(s). At the completion of a pre-
training assessment, the student would receive an individualized
curriculum that would include only those subject areas and/or course
content items where competency was not demonstrated. After the
curriculum is determined for the individual, the student should receive
training, competency assessments, and remedial training (if applicable)
in the same form and manner as the other students.
Proposed Sec. 147.22(f) is intended to allow individuals with
prior training or experience to advance quickly through certain subject
areas or course content items, provided they can demonstrate that they
have already achieved the applicable competencies.
4. Instructors
The FAA believes that transitioning to the proposed CBT program
from a traditional curriculum based on instructional hours would affect
the way instructors teach and assess their students. Currently,
instructors teach their students to achieve knowledge and skill for
each course content item. CBT adds the dynamic of observable behaviors
as applicable to a particular course content item and the competencies
associated with it. Under the proposed CBT program, the instructors'
emphasis would be on training and assessing students based on their
knowledge, skills, and observable behaviors with respect to each course
content item. Instructors must know and understand the competencies
that are applicable to each course content item and the associated
observable behaviors that the student must demonstrate.
For the reasons stated above, the FAA believes it would be
necessary to require the schools to train their instructors on the
school's CBT program, including delivery methods and assessment
techniques. Additionally, the FAA believes schools should evaluate the
instructors' competencies to ensure the instructors are qualified to
provide CBT training and assessments. Therefore, proposed Sec.
147.22(g) would require a CBT program to describe how the school will
train and evaluate its instructors.
Furthermore, the FAA recognizes the concerns from one commenter
regarding the instructor-to-student ratio in a CBT curriculum. The
commenter explained how a CBT curriculum would require a lesser ratio
of students to instructor in order to accommodate students progressing
at different rates. The commenter further stated that, with practical
application projects, a CBT program may require one-on-one instruction.
As proposed in Sec. 147.22(c)(1), a CBT program may include group
instruction, individualized instruction, or any combination thereof.
For any group instruction offered under a CBT program, the FAA proposes
to require schools to describe the instructor-to-student ratios that
would apply, including the ratio that would apply in the laboratory or
shop. The FAA is also proposing to require the CBT program to meet the
requirements of proposed Sec. 147.23, which would require at least 1
instructor for each 25 students in the shop or laboratory. The FAA
believes these proposed requirements would provide schools with enough
flexibility to define their own instructor to student ratio, while
giving the FAA the ability to review and approve such ratios. The FAA
seeks comments regarding the instructor-to-student ratios in a CBT
program. Specifically, the FAA seeks comments regarding whether the FAA
should impose more prescriptive requirements in proposed Sec. 147.22
in terms of how many students should be allowed per instructor under a
CBT program, taking account for the various methods of training that
the instructor may provide.
5. Data Collection, Analysis and Recordkeeping
The proposal to allow CBT would introduce an entirely new method of
training in the aviation maintenance industry. While the FAA believes
CBT training would have several benefits in the field, as previously
discussed, requirements would be necessary to ensure the program is
accomplishing its
[[Page 15538]]
objectives. As one commenter pointed out, if the FAA allows CBT, it
should be verified as effective to ensure it achieves the goal of
enabling graduates to perform the duties of a FAA certificated
mechanic. The primary objective of a CBT program, to prepare student
mechanics for FAA certification, is the same as for the instruction
hour or credit hour programs. However, a secondary objective is to
better prepare student mechanics for the workplace by teaching course
content items and how they relate to a competency and its observable
behaviors. The FAA has concluded that a student educated in this CBT
program would have a better foundation and contribute more rapidly in
their future workplace.
Under proposed Sec. 147.22(h), the FAA proposes to require each
school conducting a CBT program to establish and maintain a data
collection and analysis process on its students and instructors that
would enable the school and the FAA to determine whether the CBT
program is accomplishing its objectives. The FAA believes this proposal
would benefit both the school and the FAA because it would enable the
school and the FAA to identify any deficiencies in the program and
adjust the CBT curriculum or instruction accordingly. This proposal
would foster a better understanding of CBT curriculums and assist the
FAA in its oversight of approved CBT programs.
In connection with the data collection and analysis process, the
FAA proposes to require the school to maintain records reflecting the
outputs of the process for a minimum of 2 years. The records would
include, at a minimum, the data collected by the process, the results
of the analysis, and the plans for corrective actions that were taken
as a result of the analysis process. The intent is to identify
deficiencies within the CBT program, and to verify that action is being
taken to correct those deficiencies. Maintaining the records for 2
years is consistent with existing AMTS recordkeeping requirements and
provides sufficient data for trend analysis.
Furthermore, the FAA believes that additional recordkeeping
requirements would be necessary under a CBT program to ensure that each
student's progression through the CBT curriculum is clearly documented.
Under a CBT program, a school would have more flexibility in developing
a curriculum and students would receive competency assessments rather
than traditional tests. These competency assessments would assess
whether the student may progress to subsequent course content items.
The FAA notes that competency assessments are a new concept in the
regulations and are not encompassed by the recordkeeping requirements
of proposed Sec. 147.33. Therefore, the FAA proposes, in Sec.
147.22(i), to require each certificated AMTS conducting an approved CBT
curriculum to establish and maintain for each student enrolled records
that show the student's progression through his or her individual
curriculum, including documentation of any pre-training assessments and
competency assessments. The FAA believes this proposed recordkeeping
requirement would ensure that the proper records verifying the
student's completion of the curriculum, or portions thereof, would be
retained. The FAA notes that the AMTS would also be required to meet
the record requirements of Sec. 147.33. The FAA may find that changes
are needed to a CBT program to ensure its effectiveness. Under
performance of an AMTS is usually observed by an FAA inspector during
on-site surveillance or through the test results of recently graduated
students. The 8080-08 School Norms vs. National Passing Norms Report
\7\ published quarterly is a useful tool for the school and the
inspector to identify subject areas needing improvement. An AMTS is
expected to maintain compliance with the standard in Sec. 147.37. If
the FAA observes that the CBT program is not producing the desired
results the certificate holder will be notified and must make the
necessary corrections. The FAA would revise Advisory Circular (AC) 147-
3, which provides guidance to comply with the proposed rules.\8\
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\7\ Quality of instruction results are published quarterly in
the 8080-08 School Norms vs. National Passing Norms Report. These
reports provide AMTS students testing results for the specific
subject areas in which they are tested.
\8\ See Docket No. FAA-2015-3901.
---------------------------------------------------------------------------
B. Satellite Training Locations
In the NPRM, the FAA did not propose to permit satellite training
locations for AMTSs. However, the Aviation Technician Education Council
(ATEC) suggested a revision to proposed Sec. 147.13 to permit a school
to conduct operations outside of its primary location, such as at high
schools. ATEC recommended language that would allow a school to make
educational programs more readily available through partnerships with
secondary education institutions. ATEC noted that several programs
currently exist that help recruit future technicians before they
graduate from high school, and its suggested change would ensure that
all schools have the same, consistent opportunity to expand programs to
local high school students.
The FAA agrees with ATEC's comment and therefore, proposes to add a
new section, Sec. 147.14, to facilitate satellite training locations
for AMTSs. A satellite training location would be a training location
away from the school's primary location. Under the proposal, an AMTS
could add one or more satellite training locations. A satellite
training location may be either dependent, which means it would not
hold its own AMTS certificate under part 147, or independent. An
independent satellite training location would hold its own AMTS
certificate and be held responsible for complying with the requirements
of part 147.
To conduct operations at a satellite training location, a
certificated AMTS would be required to apply to the FAA at least 60
days before the training would commence. The application would be
required to include the following: A description of the proposed
curriculum; a list of the facilities, including their physical
addresses, and the materials and equipment to be used; a list of the
instructors to be used, including the kind of certificate and ratings
held by each, and their certificate numbers; and the maximum number of
students to be enrolled at any one time.\9\
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\9\ These requirements are contained in Sec. 147.5(a)(1)
through (5), as proposed in the NPRM.
---------------------------------------------------------------------------
Both dependent and independent satellite training locations would
be approved through a new operations specification, which would be
issued to the parent AMTS (the certificate holder), provided the
satellite training location meets the applicable requirements of part
147. The parent AMTS OpSpec would list all of the parent's authorized
satellite training locations. For each satellite training location, the
operations specifications would list the person responsible for
operations conducted at the location. For dependent satellite training
locations, the operations specifications would also list the
curriculum, or portion thereof, that the satellite is authorized to
teach. The FAA notes that the parent AMTS operations specifications
would not list the curriculum that the independent satellite training
location would be authorized to teach because an independent satellite
training location would have its own part 147 certificate and thus its
own operations specifications outlining its approved curriculum. This
approved curriculum, however, is expected to mirror that of the parent
AMTS curriculum. The
[[Page 15539]]
parent AMTS must develop adequate procedures describing satellite
operations acceptable to the FAA, and make them available to each
satellite location. For example, procedures would be necessary to
address the sharing of equipment, tools, and personnel.
Both types of satellite training locations must use the curriculum
and procedures of the parent AMTS. The independent satellite training
locations, however, may implement differences in the curriculum and
procedures, provided those differences are documented and accepted or
approved by the FAA, as applicable. Satellite training locations may
also share tools, equipment, and instructors with the parent AMTS and
with other satellites of the parent AMTS.\10\ The proposed requirements
that would apply to both dependent and independent satellite training
locations are contained in Sec. 147.14(a).
---------------------------------------------------------------------------
\10\ Instructors must be listed on either the parent AMTS
OpSpec, or an independent satellite's OpSpec.
---------------------------------------------------------------------------
The first kind of satellite is a dependent satellite training
location. The dependent satellite training location would be managed by
the parent AMTS and would operate under the part 147 certificate issued
to the parent AMTS. Therefore, the parent AMTS would be responsible for
ensuring the dependent satellite training location maintains compliance
with all part 147 requirements. Under this proposed structure, a
dependent satellite (e.g., a trade school, a high school, or other
training location) \11\ would for example, offer some of the courses in
the AMTSs' General Curriculum. The satellite training location would be
issued a unique designator code to identify its satellite status. The
proposed requirements for dependent satellite training locations are
contained in Sec. 147.14(b). The FAA proposes to include a provision
in Sec. 147.14(b)(3) that would subject dependent satellite training
locations to FAA inspection of facilities to determine compliance with
part 147.\12\
---------------------------------------------------------------------------
\11\ The FAA notes that the examples listed could become
independent satellites if they chose to pursue part 147
certification. This list of examples is not all-inclusive.
\12\ The FAA notes that it is unnecessary to include a similar
requirement for independent satellite training locations because an
independent satellite training location would be operating under its
own part 147 certificate and would be subject to FAA inspection.
---------------------------------------------------------------------------
The second kind of satellite is an independent satellite training
location. As previously mentioned, an independent satellite training
location would operate under its own part 147 certificate and would be
responsible for ensuring its own compliance with the applicable
requirements of part 147. A currently certificated AMTS may choose to
be an independent satellite training location in order to have its
training program under the control of a parent AMTS certificate holder.
This proposed structure may be beneficial because it would allow a
certificated AMTS to serve as a satellite training location without
having to surrender its current part 147 certificate. Additionally, an
independent satellite training location may find value in using a
parent AMTS training program and in sharing facilities, equipment, and
personnel with the parent AMTS and its other satellite locations. An
AMTS that wants to become an independent satellite must use the
curriculum and procedures of the parent AMTS. An independent satellite
training location would already hold an air agency certificate and
certificate number. Its 4-letter designator would be used to identify
its satellite status. As with all certificated AMTSs, the independent
satellite would be issued applicable operations specifications. Because
a satellite training location must use the curriculum and procedures of
the parent AMTS, and the curriculum is a function of the ratings, an
independent satellite location may not hold a rating that the parent
AMTS does not hold. An independent satellite training location would
not be eligible to have a satellite training location of its own.
The FAA appreciates that if an AMTS is able to have a satellite
training location, it could expand its capacity to educate future
airframe and powerplant (A&P) mechanics, especially if offered as part
of a high school program. The expansion of student mechanic training
would benefit industry by helping to mitigate A&P mechanic shortages.
Expanding the geographic base by allowing satellite locations may also
reduce commuting times for some students.
The FAA would revise AC 147-3 to include guidance on satellite
operations.\13\
---------------------------------------------------------------------------
\13\ See Docket No. FAA-2015-3901.
---------------------------------------------------------------------------
C. Quality of Instruction
In the NPRM, the FAA proposed to move the quality of instruction
requirements from Sec. 147.38(a) to Sec. 147.37. Additionally, the
FAA proposed to revise the quality of instruction requirements by
adding proposed Sec. 147.37(b), which would have stated that the
failure of a school to maintain the quality of instruction specified in
Sec. 147.37(a) may be the basis for suspending or revoking that
school's certificate.
Several commenters objected to the language in proposed Sec.
147.37(b). One commenter stated ``the ability of the FAA to suspend or
revoke without due process in this manner should not be available.''
Another commenter pointed out that the NPRM preamble did not address
the new language in proposed Sec. 147.37(b) and that it should be
removed.
Though the FAA did not discuss proposed paragraph Sec. 147.37(b)
in the NPRM preamble, the proposed language would not have created a
new burden or imposition on industry. Currently, if a certificated AMTS
fails to meet the quality of instruction requirements in Sec.
147.38(a), the inspector would discuss the expectations and
requirements for compliance. The AMTS is then given the opportunity to
correct the deficiencies by developing a corrective action plan, and
implementing that plan, to achieve compliance. However, if an AMTS
refuses to correct the non-compliance or fails to achieve compliance
over time, the FAA may suspend or revoke the schools' AMTS
certificate.\14\ In light of the comments, however, the FAA recognizes
that proposed Sec. 147.37(b) was focused more on revocation and
suspension of a certificate, rather than on corrective action. In an
effort to be more consistent with the FAA's compliance and enforcement
policy,\15\ the FAA emphasizes that the failure of a school to maintain
the quality of instruction requirements may be the basis for compliance
action. However, the FAA has concluded that it is unnecessary to
include this language in the regulation. Persons should know that any
failure to comply with the regulations of 14 CFR may be the basis for a
compliance action. The FAA is therefore withdrawing Sec. 147.37(b) (as
proposed in the NPRM). As a result, Sec. 147.37(a) (as proposed in the
NPRM) is now proposed Sec. 147.37.
---------------------------------------------------------------------------
\14\ An aviation maintenance technician school certificate or
rating is effective until it is surrendered, suspended, or revoked.
14 CFR 147.7. See FAA Order 2150.3, FAA Compliance and Enforcement
Program (Feb. 2, 2017).
\15\ FAA Order 2150.3, FAA Compliance and Enforcement Program
(Feb. 2, 2017).
---------------------------------------------------------------------------
ATEC recommended deleting the quality of instruction requirements
entirely with the justification ``the schools have specific
accreditation and DOE requirements, not to mention ``customer'' demands
that necessitate high quality programs. Having passing norms dictated
in regulation only creates additional surveillance burdens on FAA
without an increase in safety.''
[[Page 15540]]
Because the FAA certificates and maintains oversight of AMTSs, the
FAA needs to ensure that the quality of instruction received by the
students is reflected positively in their FAA written knowledge tests.
After a critical analysis of proposed Sec. 147.37,\16\ the FAA
acknowledges that requiring an AMTS to meet a norm based on relative
peer performance is not particularly relevant. Comparing one school's
graduates to another school's graduates does not effectively measure
either school's quality of instruction. The FAA believes a better
measure of success would be to set a uniform standard for all AMTSs.
The FAA would evaluate a school's quality of instruction by determining
whether the school's graduates achieved the standard rather than
comparing schools against one another. A generally accepted academic
standard for passing is a minimum of 70 percent. This is the current
standard used by the FAA to determine whether an airman has
demonstrated adequate knowledge on an FAA written exam. Therefore, the
FAA proposes to simplify Sec. 147.37 to require each AMTS to ensure
that, in the prior 24 calendar months, it provided instruction of
sufficient quality that at least 70 percent of its graduates passed
\17\ on the first attempt each written knowledge test leading to a
certificate or rating. The Airman Testing Branch will continue to
receive FAA written exam test results from the Airmen Knowledge Testing
Centers and compile quarterly reports.\18\ The FAA will use the
quarterly reports to ensure the quality of instruction required by
Sec. 147.37. The proposal does not impose any reporting requirements
on an AMTS or its graduates.
---------------------------------------------------------------------------
\16\ The quality of instruction requirements are currently found
in Sec. 147.38(a). In the NPRM, the FAA proposed to relocate these
requirements to Sec. 147.37.
\17\ Under 14 CFR 65.17(b), the minimum passing grade for each
test is 70 percent.
\18\ https://www.faa.gov/data_research/aviation_data_statistics/test_statistics/.
---------------------------------------------------------------------------
D. Miscellaneous Amendment
The FAA is also proposing a clarifying amendment to Sec.
147.17(a)(2). Currently, Sec. 147.17(a)(2) requires an applicant for a
mechanic school certificate and rating, or for an additional rating, to
have ``at least one aircraft of a type currently certificated by FAA
for private or commercial operation.'' As explained in AC 147-3B,\19\
certification in this context refers to FAA type certification.\20\
However, it has been brought to the FAA's attention that this language,
which dates back to the 1950's,\21\ could be interpreted otherwise. For
example, a person could interpret ``an aircraft of a type currently
certificated by the FAA'' as referring to any aircraft certificated by
the FAA for private or commercial operation, such as an amateur-built
aircraft. The FAA believes that AC 147-3B, which states that Sec.
147.17(a)(2) requires an AMTS to provide a type-certificated aircraft
for student instruction,\22\ reflects the FAA's original intent.
Therefore, the FAA is proposing to revise Sec. 147.17(a)(2) to require
each certificated AMTS to provide and maintain at least one aircraft
type-certificated by the FAA.
---------------------------------------------------------------------------
\19\ AC 147-3B, ``Certification and Operation of Aviation
Maintenance Technician Schools,'' (June 5, 2015).
\20\ AC 147-3B, Section 2-10, Page 13.
\21\ Part 53 Mechanic School Certificates, Rules, Policies, and
Interpretations of CAA, 18 FR 4281 (July 23, 1953). Section 53.25(b)
required ``at least one modern-type aircraft complete with
powerplant, propeller, instruments, radio (two-way), landing lights,
flares, and other items of equipment and accessories on which a
mechanic might be required to work and with which he should be
familiar.'' Id. at 4283. In Sec. 53.25-1, the CAA interpreted a
modern-type aircraft as meaning ``an airplane of a type currently
certificated by CAA for private or commercial operation.'' Id.
\22\ AC 147-3B, Section 3-14, Page 21.
---------------------------------------------------------------------------
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (RFA)
(Pub. L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing United States (U.S.) standards, this Trade Act requires
agencies to consider international standards and, where appropriate,
that they be the basis of U.S. standards. Fourth, the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a
written assessment of the costs, benefits, and other effects of
proposed or final rules that include a Federal mandate likely to result
in the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector, of $100 million or more annually
(adjusted for inflation with base year of 1995; current value is $155
million). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
In conducting these analyses, the FAA has determined that this
proposed rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would not have a
significant economic impact on small entities; (5) would not create
unnecessary obstacles to the foreign commerce of the U.S.; and (6)
would not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector by exceeding the threshold
identified above. These analyses are summarized below.
Affected Population
In the NPRM, the FAA estimated 162 part 147 AMTSs would be affected
by the proposed rule. In this SNPRM, the FAA estimates the same
affected AMTSs have the option of either implementing competency-based
training and/or to set up satellite training locations.
Additional Flexibilities
This SNPRM provides additional flexibilities to the NPRM published
October 2, 2015, provisions proposed in the NPRM not discussed here are
unchanged from the NPRM. More specifically, the SNPRM would expand the
scope of that proposal to allow CBT and satellite training locations,
which are voluntary provisions, and it would also eliminate the
national passing norms specified in the quality of instruction
requirements.
Voluntary Provisions
Under a CBT program, rather than focusing on the number of
instructional hours received in a classroom, AMTSs would be focused on
training students to achieve the competencies, which include knowledge,
skills, and observable behaviors, that are necessary to perform as a
certificated mechanic. A CBT curriculum would allow schools to train
students in a more individualized manner based on the students'
knowledge and skill level. Students would advance in the areas they
demonstrate competency in and would receive additional training in the
areas in which they are found deficient. This competency-based
structure would enable students to advance at their own pace while
placing emphasis on demonstrated proficiency rather than the
instruction time.
The FAA recognizes that if an AMTS is able to have a satellite
training location, then it could expand its capacity to educate future
A&P mechanics, especially if offered with a
[[Page 15541]]
high school program. The expansion of student mechanic training would
benefit industry by expanding educational opportunities, which would
mitigate A&P mechanic shortages. Additionally, if a school has the
option of providing some of its training through satellite training
locations, then its geographic base can expand, along with the
opportunity to partner with high schools in order to expand the
recruiting age envelope. Expanding the geographic base by allowing
satellite locations may also reduce commuting times for some students.
Providing flexibility to AMTSs to use CBT may produce cost savings
and generate benefits. For instance, CBT would allow AMTSs to pre-
screen applicants for competencies they possess at the time of
application, and provide relief to those applicants for the
corresponding curriculum elements. CBT may also allow the AMTS to focus
on the competencies for which their students' require more remedial
attention, providing a more individualized and higher-quality training
for its students. At this time, the FAA does not have data to
quantitatively assess whether the relief provided by the pre-assessment
of student competencies would outweigh the costs associated with the
additional care and attention provided to students who require remedial
attention. Nevertheless, the FAA believes that CBT would allow AMTSs to
concentrate resources on where they will provide the most benefits.
The FAA acknowledges that there would be some startup costs
incurred for some schools to transition over to CBT. However, the FAA
believes that because this SNPRM provides CBT as an additional
flexibility, rather than a requirement, it can safely presume that any
utilization of CBT would provide benefits or cost savings that exceed
the costs. Similarly, the FAA acknowledges that AMTSs would incur costs
to set up satellite locations, but the FAA presumes that AMTSs would
only incur those costs if there were sufficient demand to recover them.
CBT and satellite training locations are voluntary provisions.
Therefore, the FAA assumes the utilization of these flexibilities would
produce benefits net of costs.
Quality of Instruction
The FAA proposal to eliminate the national passing norms specified
in the quality of instruction requirements would result in the
elimination of some national data from the 8080-08 report.\23\ The FAA
estimates this would provide minor cost savings associated with reduced
paperwork for the FAA as estimated in the Paperwork Reduction Act
section.
---------------------------------------------------------------------------
\23\ As a result of this change the National Applicants and the
National Norm columns would be eliminated from the 8080-08 report.
---------------------------------------------------------------------------
Cumulative Impacts
The total estimated cost savings of the NPRM over the analysis
period would be about $6.8 million in 2016 dollars.\24\ This stream of
cost savings has a present value of $3.4 million when discounted at
seven percent. The total estimated cost savings of the SNPRM over the
analysis period would be minimal. The following table presents the
cumulative cost savings over 10 years for the NPRM and SNPRM.
---------------------------------------------------------------------------
\24\ U.S. DOT/FAA--Regulatory Evaluation--Aviation Maintenance
Technician Schools--NPRM 14 CFR parts 147, https://www.regulations.gov/searchResults?rpp=25&po=0&s=2015-3901-0093&fp=true&ns=true.
[GRAPHIC] [TIFF OMITTED] TP16AP19.020
Therefore, the cumulative impact of this SNPRM will be minimal, and a
regulatory evaluation was not prepared. The FAA requests comments with
supporting justification about the FAA determination of minimal impact.
B. Regulatory Flexibility Determination
The RFA establishes ``as a principle of regulatory issuance that
agencies shall endeavor, consistent with the objective of the rule and
of applicable statutes, to fit regulatory and informational
requirements to the scale of the business, organizations, and
governmental jurisdictions subject to regulation.'' To achieve that
principle, the RFA requires agencies to solicit and consider flexible
regulatory proposals
[[Page 15542]]
and to explain the rationale for their actions. The RFA covers a wide
range of small entities, including small businesses, not-for-profit
organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act.
The FAA identified a total of 19 AMTSs with less than 1,500
employees which are classified as small entities. The FAA believes that
this SNPRM would not have a significant economic impact on these small
AMTSs because any costs they would voluntarily incur would be small and
offset by cost savings.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the
Regulatory Flexibility Act. Therefore, as provided in section 605(b),
based on the previous analysis the head of the FAA certifies that this
rulemaking will not result in a significant economic impact on a
substantial number of small entities.
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 U.S.,
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. The FAA has assessed the
potential effect of this proposed rule and determined that the
objective would only affect domestic firms therefore would not create
unnecessary obstacles to the foreign commerce of the United States.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any 1 year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the 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.
On April 3, 2018, the FAA published a notice proposing to amend the
OMB supporting statement for information collection, OMB Control
Number: 2120-0040, which would update the information collection to
account for recordkeeping burdens in part 147 that were not previously
accounted for. As part of the part 147 proposed rulemaking, the FAA has
identified provisions in the NPRM and SNPRM with Paperwork Reduction
Act (PRA) implications that, if finalized as proposed, will require the
FAA to make additional amendments to information collection OMB Control
Number: 2120-0040. The FAA notes that the part 147 NPRM, which
published on October 2, 2015,\25\ did not discuss the proposed
provisions that would require changes to the information collection
burden. Therefore, this document discusses both the NPRM and SNPRM
provisions that would have PRA implications.
---------------------------------------------------------------------------
\25\ 80 FR 59674.
---------------------------------------------------------------------------
The Safety Standards, Aircraft Maintenance Division has determined
that three primary positions at an AMTS will be performing the
information and record collection activities. They are the school's
Director, at a salary of $56/hour, an Instructor, at a salary of $28/
hour, and an Administrative Assistant, at a salary of $23/hour.\26\ A
fringe benefit factor of $1.17 \27\ was applied to the relevant median
salary.
---------------------------------------------------------------------------
\26\ Wage rates for these positions came from the Department of
Labor, Bureau of Labor Statistics, May 2016 NAICS 481000--Air
Transportation codes for the AMTS Director, #11-3131, AMTS
Instructor #25-0000, and AMTS Administrative Assistant #43-6014.
\27\ Volpe Memorandum, Estimating Total Cost of Compensation
based on Wage Rate or Salaries, Jan. 30, 2014.
---------------------------------------------------------------------------
The NPRM proposed to remove current Sec. Sec. 147.36, 147.37, and
147.38 because they are unnecessary in light of the corresponding
initial certification requirements, which are continuing and ongoing.
Therefore, the information collections currently required by Sec. Sec.
147.36, 147.37, and 147.38 would now be associated with Sec. Sec.
147.23, 147.13, and 147.21 respectively. No additional information
collection burden has been identified.
The FAA introduced operation specifications for part 147 by Notice
N 8900.278 on November 21, 2014. Certificated part 147 schools were
required to have their OpSpecs authorized by July 21, 2015. Originally,
there were 14 OpSpecs, but A012 Affiliated Designated Mechanic
Examiners (DME) has since been archived. The pending 2018 revision of
OMB information collection control #2120-0040 accounts for the 13
OpSpec paragraphs currently required at initial certification.
Part 147 Operations Specifications
------------------------------------------------------------------------
Operations Specifications (OpSpecs)
Part 147 OpSpecs title
------------------------------------------------------------------------
A001.............................. Issuance and Applicability
(Mandatory).
A002.............................. Definitions and Abbreviations
(Mandatory).
A003.............................. Aviation Maintenance Technician
School Ratings (Mandatory).
A004.............................. Summary of Special Authorizations
and Limitations (Mandatory).
A005.............................. Exemptions (Optional).
A006.............................. Management Personnel (Mandatory).
A007.............................. Designated Persons (Mandatory).
[[Page 15543]]
A008 **........................... Satellite Training Locations
(Optional).
A012.............................. Affiliated DMEs (Archived).
A013.............................. Instructors (Mandatory).
A015 *............................ Facilities, equipment, and materials
(Mandatory).
A025.............................. Recordkeeping System (Mandatory).
A026.............................. Authorizations/Limitations
(Optional).
B002.............................. Required Minimum Curriculum for
General (Part 147 Appendix B)
(Mandatory).
B003.............................. Required Minimum Curriculum for
Airframe (Part 147 Appendix C)
(Mandatory).
B004.............................. Required Minimum Curriculum for
Powerplant (Part 147 Appendix D)
(Mandatory).
B005 **........................... Competency-based training
(Optional).
------------------------------------------------------------------------
* = proposed by NPRM, ** = proposed by SNPRM.
The FAA proposed in the NPRM a new section, Sec. 147.9 Operations
Specifications, that would provide, among other things, each AMTS's
operations specifications contain its complete curriculum, the course
content items, and teaching levels required under each of the subjects
specified in the part 147 appendices. The NPRM would require an
additional mandatory OpSpec paragraph A015 to list the facilities,
equipment and materials used by the AMTS. The NPRM also has a proposed
requirement that would amend OpSpec A013, Instructors, due to the
proposed changes to Sec. 147.23 for schools that provide specially
qualified instructors who are not FAA certificated mechanics to teach
general, airframe, powerplant, or specialized subjects.
Furthermore, the SNPRM proposes to add two additional OpSpecs: An
optional OpSpec A008 for satellite training locations as covered in
proposed Sec. 147.14, and an optional OpSpec B005 for the competency-
based training curriculum, proposed by Sec. 147.22. The estimated
annual changes reflects the estimated number of new part 147 applicants
but does not include AMTSs seeking to make changes as a result of this
rulemaking.
The FAA estimates the additional annual information collection
burden for proposed Sec. 147.9, which accounts for the OpSpec changes
proposed in both the NPRM and SNPRM, would be 48 hours with an
estimated annual cost of $2,688.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Director @ $56/hour Instructor @ $28/hour Administrative @ $23/
------------------------------------------------ hour
Estimated ------------------------ Estimated
Sec. 147.9 Provision Basis annual Estimated Estimated Estimated Estimated Estimated Estimated annual
changes hours per annual hours per annual hours per annual cost
change hours change hours change hours
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preparation of OpSpec A008: AMTS Satellite Initial Certification............................ 5 2 10 .......... .......... .......... .......... $560
Training Locations.
Preparation of OpSpec A015: Facilities Initial Certification............................ 5 2 10 .......... .......... .......... .......... 560
Equipment and Materials.
Preparation of OpSpec B005: Competency-Based Initial Certification............................ 5 4 20 .......... .......... .......... .......... 1,120
Training (CBT) Program.
-----------------------------------------------------------------------------------------------
Sec. 147.9 estimated annual initial ................................................. .......... .......... 40 .......... 0 .......... 0 2,240
certification reporting burden.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment of OpSpec A008: AMTS Satellite On Occasion...................................... 6 .25 1.5 .......... .......... .......... .......... 84
Training Locations.
Amendment of OpSpec A013: Instructors........ On Occasion...................................... 20 .25 5 .......... .......... .......... .......... 280
Amendment of OpSpec A015: Facilities On Occasion...................................... 2 .25 .5 .......... .......... .......... .......... 28
Equipment and Materials.
Amendment of OpSpec B005: Competency-Based On Occasion...................................... 4 .25 1 .......... .......... .......... .......... 56
Training (CBT) Program.
-----------------------------------------------------------------------------------------------
Sec. 147.9 estimated annual post ................................................. .......... .......... 8 .......... 0 .......... 0 448
certification reporting burden.
-----------------------------------------------------------------------------------------------
[[Page 15544]]
Sec. 147.9 estimated total annual ................................................. .......... .......... 48 .......... 0 .......... 0 2,688
reporting burden.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The SNPRM proposes new Sec. 147.14, which would provide an option
to allow a certificated AMTS to have or operate as a satellite training
location. Under the proposal, an AMTS could add one or more satellite
training locations. A satellite training location may be either
dependent, which means it would not hold its own AMTS certificate under
part 147, or independent. An independent satellite training location
would hold its own AMTS certificate and be held responsible for
complying with the requirements of part 147. The proposal would require
any satellite training location(s) to be authorized by OpSpec A008. The
parent AMTS would be required to make application to have a satellite
training location. The FAA estimates the additional annual information
collection burden for proposed Sec. 147.14 would be 374 hours with an
estimated annual cost of $20,086.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Director @ $56/hour Instructor @ $28/hour Administrative @ $23/
------------------------------------------------ hour
Estimated ------------------------ Estimated
Sec. 147.14 Provision Basis annual Estimated Estimated Estimated Estimated Estimated Estimated annual
changes hours per annual hours per annual hours per annual cost
change hours change hours change hours
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Apply for additional training location....... Initial Certification............................ 5 60 300 .......... .......... 4 20 $17,260
Changes to additional training locations..... On occasion...................................... 6 8 48 .......... .......... 1 6 2,826
-----------------------------------------------------------------------------------------------
Sec. 147.14 estimated total annual ................................................. .......... .......... 348 .......... 0 .......... 26 20,086
reporting burden.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The SNPRM proposes in new Sec. 147.22 an option to allow AMTSs to
deliver their approved curriculums using a CBT curriculum. The CBT
curriculum must be FAA approved and authorized using OpSpec B005. A CBT
program would require initial development and amendment on occasion by
the AMTS. Ongoing CBT requirements would include:
Pre-training assessment for persons with previous aviation
training or experience. Proposed Sec. 147.22(f)
Record-keeping for CBT training and assessment of AMTS
instructors. Proposed Sec. 147.22(g)
Establish and maintain a data collection and analysis
process on its students and instructors that would enable the school
and the FAA to determine whether the CBT program is accomplishing its
objectives. Proposed Sec. 147.22(h)
A certificated AMTS conducting an approved CBT curriculum
must establish and maintain, for each student enrolled, records that
show the student's progression through his or her individual
curriculum, including documentation of any pre-training assessments and
competency assessments. Proposed Sec. 147.22(i)
The FAA estimates the additional annual information collection
burden for proposed Sec. 147.22 would be 1,315 hours with an estimated
annual cost of $63,315.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Director @ $56/hour Instructor @ $28/hour Administrative @ $23/
------------------------------------------------ hour
Estimated ------------------------ Estimated
Sec. 147.22 Provision Basis annual Estimated Estimated Estimated Estimated Estimated Estimated annual
changes hours per annual hours per annual hours per annual cost
change hours change hours change hours
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Create CBT Program........................... Initial Certification............................ 5 80 400 .......... .......... .......... .......... $22,400
Revise CBT Program........................... On Occasion...................................... 4 10 40 .......... .......... .......... .......... 2,240
Records of Instructor Training and Assessment Ongoing.......................................... 35 5 175 .......... .......... 1 35 10,605
CBT Data Collection and Analysis............. Ongoing.......................................... 35 10 350 2 70 1 35 22,365
CBT Student assessment, enrollment and Ongoing.......................................... 35 .......... .......... 5 175 1 35 5,705
progress records.
-----------------------------------------------------------------------------------------------
Sec. 147.22 estimated total annual ................................................. .......... .......... 965 .......... 245 .......... 105 63,315
reporting burden.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 15545]]
The NPRM proposed to modify Sec. 147.23 so that each school would
be required to maintain and keep in its operations specifications an
up-to-date list of the names and qualifications of all its instructors.
The FAA estimates the additional annual information collection burden
for proposed Sec. 147.23 is 30 hours with an estimated annual cost of
$1,350.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Director @ $56/hour Instructor @ $28/hour Administrative @ $23/
------------------------------------------------ hour
Estimated ------------------------ Estimated
Sec. 147.23 Provision Basis annual Estimated Estimated Estimated Estimated Estimated Estimated annual
changes hours per annual hours per annual hours per annual cost
change hours change hours change hours
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maintain a list of the names and Ongoing.......................................... 40 .5 20 .......... .......... .25 10 1,350
qualifications of all AMTS instructors.
-----------------------------------------------------------------------------------------------
Sec. 147.23 estimated total annual ................................................. .......... .......... 20 .......... 0 .......... 10 1,350
reporting burden.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The NPRM proposed Sec. 147.31(f) to permit a student who had
successfully completed the general curriculum to take the general
written knowledge test even if the student had not met the experience
requirements of 14 CFR 65.77. The school would be required to prepare
and issue a Certificate of Completion to identify students who are
eligible to take the written general knowledge test. An official of the
school would be required to authenticate the certificate.
Also proposed in the NPRM was Sec. 147.31(g) that would provide an
option for an AMTS to offer some of their approved curriculum using
distance learning instruction. The approval for a distance learning
program would be authorized by OpSpec A026. This OpSpec was not counted
as a NPRM or SNPRM affected change since it was available prior to the
publication of the NPRM.
The FAA estimates the additional annual information collection
burden for proposed Sec. 147.31 would be 5,011 hours with an estimated
annual cost of $199,153.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Director @ $56/hour Instructor @ $28/hour Administrative @ $23/
------------------------------------------------ hour
Estimated ------------------------ Estimated
Sec. 147.31 Provision Basis annual Estimated Estimated Estimated Estimated Estimated Estimated annual
changes hours per annual hours per annual hours per annual cost
change hours change hours change hours
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Prepare Certificate of Completion for student Ongoing.......................................... 9,800 .25 2,450 .......... .......... .25 2,450 $193,550
eligible to take written general knowledge
test.
Develop and Create a distance learning Initial.......................................... 1 60 60 10 10 2 2 3,686
program and submit for FAA approval.
Amend Distance Learning Program.............. On Occasion...................................... 3 10 30 2 6 1 3 1,917
-----------------------------------------------------------------------------------------------
Sec. 147.31 estimated total annual ................................................. .......... .......... 2,540 .......... 16 .......... 2,455 199,153
reporting burden.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The cumulative estimated annual information collection burden for
the NPRM and SNPRM, if adopted as proposed, would be 6,778 hours with
an estimated cost of $286,592.
----------------------------------------------------------------------------------------------------------------
Director @ $56/ Instructor @ Administrative @
hour $28/hour $23/hour
Cumulative estimated burden of new and revised -------------------------------------------------- Estimated
sections of NPRM & SNPRM Estimated Estimated Estimated annual annual cost
annual hours annual hours hours
----------------------------------------------------------------------------------------------------------------
Sec. 147.9 Operations Specifications........ 48 .............. ................ $2,688
Sec. 147.14 Satellite Training Locations.... 348 .............. 26 20,086
Sec. 147.22 Competency-Based Training....... 965 245 105 63,315
Sec. 147.23 Instructor Requirements......... 20 .............. 10 1,350
Sec. 147.31 Attendance and enrollment, 2,540 16 2,455 199,153
test, and credit for prior instruction or
experience...............................
-----------------------------------------------------------------
Estimated annual reporting burden of new 3,921 261 2,596 286,592
rule.....................................
----------------------------------------------------------------------------------------------------------------
[[Page 15546]]
Paperwork Impact to the Federal Government
The FAA proposal to eliminate the national passing norms specified
in the quality of instruction requirements would result in the
elimination of some national data from the 8080-08 report.\28\ The FAA
estimates that the FAA would save about 3 hours per quarter from the
elimination of the aforementioned data. FAA statisticians who produce
this report are at an FV H level, averaging an hourly wage rate of
$37.13.\29\ The fringe benefit for the government is 36 percent; \30\
thus the fully-loaded wage rate is $50.50. The FAA estimates 12 fewer
annual hours and annual cost saving of $606 for provision Sec. 147.31.
---------------------------------------------------------------------------
\28\ As a result of this change the National Applicants and the
National Norm columns would be eliminated from the 8080-08 report.
\29\ Mid-range salary of 2017 FV-H level divided by 2,080 hours.
Accessed on December 5, 2017 from https://my.faa.gov/employee_services/pay_perf/pay.html.html#plansTables.
\30\ Memorandum ``Update to Civilian Position Full Fringe
Benefit Cost Factor, Federal Pay Raise Assumptions, and Inflation
Factors used in OMB Circular No. A-76, `Performance of Commercial
Activities,' '' 3/11/2008, page 2.
----------------------------------------------------------------------------------------------------------------
FAA Statistician
@$50.50/hour Estimated
Sec. 147.31 Provision ------------------------- annual cost
Estimated annual hours savings
----------------------------------------------------------------------------------------------------------------
Eliminate the national passing norms specified in the quality of 12 $606
instruction requirements.............................................
----------------------------------------------------------------------------------------------------------------
The FAA is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the FAA,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the 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 June 17, 2019. 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 Building, Room 10202, 725 17th Street NW, Washington, DC
20053.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified no differences with these proposed
regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 of FAA Order 1050.1F and
involves no extraordinary circumstances.
V. Executive Order Determinations
A. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
This proposed rule is expected to be an Executive Order 13771
deregulatory action. Details on the flexibilities and potential cost
savings of the NPRM rule can be found in the NPRM Regulatory
Evaluation.
B. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that 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.
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
VI. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, and
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 send only one
copy of written comments, or if comments are filed electronically,
commenters should submit only one time.
The 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 rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and
[[Page 15547]]
identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under DOT procedures
found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from 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.gpo.gov/fdsys/.
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.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.
List of Subjects in 14 CFR Part 147
Aircraft, Airmen, Educational facilities, Reporting and
recordkeeping requirements, Schools.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 147--AVIATION MAINTENANCE TECHNICIAN SCHOOLS
0
1. The authority citation for part 147 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707-44709.
0
2. Add Sec. 147.14 to read as follows:
Sec. 147.14 Satellite training locations.
(a) Except as specified in paragraph (c)(5) of this section, the
holder of an aviation maintenance technician school certificate may,
with FAA approval, conduct training at either a dependent satellite
training location in accordance with paragraph (b) of this section, or
at an independent satellite training location in accordance with
paragraph (c) of this section, provided the following requirements are
met--
(1) The parent aviation maintenance technician school must make an
application for a satellite training location in a form and manner
prescribed by the FAA at least 60 days prior to the intended start date
of training. The application must include the scheduled training start
date and the content specified in Sec. 147.5(a)(1) through (4) of this
part;
(2) The parent aviation maintenance technician school's operations
specifications must include the name and physical address of the
satellite training location and the person with responsibility for
operations at the satellite training location;
(3) The parent aviation maintenance technician school must develop
adequate procedures describing satellite operations acceptable to the
FAA, and make them available to each satellite location;
(4) The satellite training location must use the curriculum and
procedures of the parent aviation maintenance technician school, and
the curriculum must meet the applicable requirements of this part;
(5) The satellite training location may share personnel and
equipment from the parent aviation maintenance technician school and
from each of the satellite training location(s), unless the FAA
indicates otherwise; and
(6) The facilities, equipment, and personnel of the satellite
training location must meet the applicable requirements of this part.
(b) Dependent satellite training location. Except as specified in
paragraph (c)(5) of this section, the holder of an aviation maintenance
technician school certificate may conduct training in accordance with
its FAA-approved curriculum at a satellite training location away from
the school's primary location, provided the following requirements are
met--
(1) The certificate holder's operations specifications must include
the course curriculum to be offered at the dependent satellite training
location;
(2) The certificate holder must ensure the dependent satellite
training location complies with the applicable requirements of this
part; and
(3) The dependent satellite training location must allow the FAA to
inspect its facility to determine compliance with this part.
(c) Independent satellite training locations. A certificated
aviation maintenance technician school may serve as an independent
satellite training location of another certificated school, provided
the independent satellite training location operates under its own
certificate issued by the FAA. An independent satellite training
location--
(1) Must operate using the curriculum and procedures of the parent
aviation maintenance technician school, except for any documented
differences that have been accepted or approved by the FAA as
applicable;
(2) May not hold a rating not held by the parent aviation
maintenance technician school;
(3) Must meet the requirements for each rating it holds;
(4) Must ensure compliance with the applicable requirements of this
part independent of the parent aviation maintenance technician school;
and
(5) May not conduct training at another satellite training
location.
0
3. Amend Sec. 147.17 by revising paragraph (a)(2) to read as follows:
Sec. 147.17 Instructional equipment requirements.
(a) * * *
(1) * * *
(2) At least one aircraft type-certificated by the FAA with
powerplant, propeller, instruments, navigation and communications
equipment, landing lights, and other equipment and accessories on which
a maintenance technician might be required to work and with which the
technician should be familiar.
* * * * *
0
4. Amend Sec. 147.21 by revising the introductory text of paragraph
(b) to read as follows:
Sec. 147.21 General curriculum requirements.
* * * * *
(b) Except as provided in Sec. 147.22 of this part, the curriculum
required by paragraph (a) of this section must offer at least the
number of instructional hours or credit hours for the rating sought as
set forth in paragraph (b)(1) or (b)(2) of this section as follows:
* * * * *
0
5. Add Sec. 147.22 to read as follows:
Sec. 147.22 Competency-based training curriculum.
(a) General. The FAA-approved curriculum required by Sec.
147.21(a) may include competency-based training. A certificated
aviation maintenance technician school may use a
[[Page 15548]]
competency-based training curriculum provided the school obtains FAA
approval of its competency-based training program through an operations
specification and has shown the requirements of this section are met.
Except for the hour requirements of Sec. 147.21(b), all other
requirements of this part apply to a competency-based training program.
(b) Structure and content. (1) The competency-based training
curriculum must cover the subjects prescribed in appendixes B, C, or D,
as appropriate to the course being approved, the course content items
and teaching levels included under those subject area headings in the
school's operations specifications, and the applicable competencies for
each of those items.
(2) Each competency-based training curriculum must define the
competencies, to include knowledge, skills, and observable behaviors,
that apply to each course content item and associated teaching level,
which are prescribed in the school's operations specification. The
students will be trained and assessed to the competencies defined in
the curriculum.
(3) The certificated aviation maintenance technician school may
develop additional course content items in its curriculum for FAA
approval. For each additional course content item, the certificated
aviation maintenance technician school must define the applicable
competencies, to include the knowledge, skills, and observable
behaviors, that the student will be trained and assessed to.
(c) Training. (1) The certificated aviation maintenance technician
school must train each student to achieve the applicable competencies,
with respect to each course content item as defined in the competency-
based training curriculum. A competency-based training program may be
defined to include--
(i) A variety of teaching methods; and
(ii) Group instruction, individualized instruction, or any
combination thereof.
(2) For each course content item, the certificated aviation
maintenance technician school must describe the following:
(i) Theory requirements in classroom or by distance learning;
(ii) Laboratory or shop requirements, including a description of
the practical projects to be completed;
(iii) The order of instruction;
(iv) Whether the instruction will be individualized or given in a
group;
(v) The applicable competencies, to include knowledge, skills, and
observable behaviors;
(vi) Objective testing and grading criteria; and
(vii) Schedule of required tests and assessments that shows the
sequence of examinations for each subject in the curriculum.
(d) Competency assessments. (1) The competency-based training
curriculum must describe how and when the school will assess whether
the student can demonstrate the applicable competencies (knowledge,
skills, and observable behaviors) for each course content item. The
assessments must--
(i) Assess each course content item;
(ii) Determine whether the student can demonstrate all applicable
competencies (the knowledge, skills, and observable behaviors); and
(iii) Be consistent with the required teaching levels specified in
the operations specification.
(2) The competency-based training curriculum must describe what
each competency assessment will consist of, including proportions of
theory to be tested, a list of tests or assessments to be given, and a
description of practical projects to be completed.
(3) For each competency assessment described in the competency
based training curriculum, the school must develop a scoring guide that
its instructors will use to conduct the assessment.
(4) The school may find a student competent when the student can
demonstrate each applicable competency, with respect to the course
content item being assessed, at a minimum of 70 percent.
(5) A graduation certificate or certificate of completion will be
issued only when the student competency, as defined in paragraph (d)(4)
of this section, can be shown for each competency outlined in the
student's individual curriculum. The certificate must meet the
requirements of Sec. 147.35.
(e) Remedial training. For a student who fails to demonstrate
competency of a course content item in accordance with paragraph (d)(4)
of this section--
(1) The school must provide additional training and reassessment in
areas of deficiency until the student can demonstrate the knowledge,
skills, and observable behaviors that reflect the competencies at a
minimum of 70 percent; and
(2) Where order of instruction requirements are specified in an
approved competency-based training program, the student may not
progress to a subsequent related course content item or subject area
until the student has demonstrated competency in the subject matter in
which they were found deficient.
(f) Students with prior aviation maintenance training or
experience.
(1) Pre-training assessment. For students that have prior aviation
maintenance training or experience in a subject area, the school may
conduct a pre-training assessment of the student's initial
competencies. The assessment must meet the requirements specified in
paragraph (d)(1) of this section, as applicable to the subject areas
and/or course content item(s) being assessed. The school must describe
how it will assess the student's knowledge, skills and observable
behaviors, including for each course content item:
(i) The proportions of theory to be tested;
(ii) A list of tests or assessments to be given; and
(iii) A description of the practical projects to be completed.
(2) Individualized Training. The result of the pre-training
assessment is the student's individual curriculum. The individual's
curriculum must include the subject areas and course content items for
which the student did not demonstrate competency. For each subject area
and course content item, the certificated aviation maintenance
technician school must satisfy paragraph (c)(2) of this section.
(3) Competency Assessments and Remedial Training. The school must
conduct competency assessments that satisfy the requirements of
paragraph (d) of this section. If the student fails to demonstrate
competency in a course content item or subject area in accordance with
paragraph (d)(4) of this section, the school must satisfy the remedial
training requirements of paragraph (e) of this section.
(g) Instructors. (1) The competency-based training program must
describe the following--
(i) How the school's method ensures that instructors used to
deliver competency-based training curriculum material are trained on
the school's competency-based training program requirements, including
delivery methods and assessment techniques; and
(ii) How the school will evaluate the instructors' competencies to
ensure they are qualified to provide competency-based training and
assessments.
(2) The competency-based training program must meet the
requirements of Sec. 147.23 and describe the instructor to student
ratios that will apply to group instruction in the laboratory or shop.
(h) Data collection and analysis process. The certificated aviation
maintenance technician school must establish and maintain a data
collection and analysis process on its students and
[[Page 15549]]
instructors that will enable the school and the FAA to determine
whether the competency-based training program is accomplishing its
objectives. The school must maintain records of outputs of the data
collection and analysis process. Such records must be retained for a
minimum of 2 years.
(i) Recordkeeping requirements. In addition to meeting the record
requirements specified in Sec. 147.33, each certificated aviation
maintenance technician school conducting an approved competency-based
training curriculum must establish and maintain for each student
enrolled records that show the student's progression through the
student's individual curriculum, including documentation of any pre-
training assessments and competency assessments.
(j) Revisions. Whenever the FAA finds that revisions are necessary
for the continued adequacy of a competency-based training program that
has been granted FAA approval, the certificate holder shall, after
notification, make any changes in the program that are found necessary
by the FAA.
0
6. Revise Sec. 147.37 to read as follows:
Sec. 147.37 Quality of instruction.
On a quarterly basis, each certificated aviation maintenance
technician school must have provided instruction of a sufficient
quality that, in the prior 24 calendar months, at least 70 percent of
its graduates passed on the first attempt within 60 days of graduation
each written knowledge test leading to a certificate or rating. As set
forth in Sec. 65.17 of this chapter, the minimum passing grade is 70
percent.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
44703, and 44707 in Washington, DC, on March 22, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Office.
[FR Doc. 2019-06399 Filed 4-15-19; 8:45 am]
BILLING CODE 4910-13-P