The FAA has issued a policy which is intended to clarify the definition of ''Actively Engaged'' for purposes of issuing and renewing the A & P Inspector Authorization. The new proposed rules are summarized below, but please see the full NPRM.

PAMA Response to FAA-2010-1060 Policy Clarifying Definition of Actively Engaged for Purposes of Inspector Authorization

While PAMA applauds the FAA for attempting to clarify and standardize the interpretation of the Federal Aviation Regulations and the FAA orders, the proposed change in FAA-2010-1060 would not give clarification to the term “Actively Engaged” but allow the ASI’s to further confuse the requirement for issuing and renewing the Inspection Authorization.

The Inspection Authorization (IA) has become the pinnacle of the aviation maintenance certificates. The authorization is a sign of accomplish and higher standard of excellence in the aviation maintenance world. Holders of the authorization who are not in the direct business of maintaining aircraft but closely associated with aircraft airworthiness use it as a means of credibility. Losing the authorization could have serious fallback on tech reps, maintenance controllers, and educators.

In the proposed Amendment the notes to the FAA Order 8900.1 V5 CH5 Sec7 (A) reads “Note: Actively engaged means exercising the privileges of an airframe and powerplant mechanic certificate in the maintenance of civil aircraft. Applicants who are employed full-time in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft are considered to be actively engaged. Applicants who are employed or participate in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft on a part-time or occasional basis will be evaluated by the ASI to determine whether the applicant is actively engaged. The ASI will evaluate the scope of part-time or occasional activity based on the type of maintenance activity, including any special expertise required, and the quantity of maintenance activity performed. To evaluate the scope of the part-time or occasional maintenance activity, the ASI will use evidence or documentation provided by the applicant showing inspection, overhauling, repairing, preserving, or replacing parts on aircraft”. This note breaks down the requirements into the following:

1. Exercising the privileges of a mechanic in the maintenance of civil aircraft.
2. Full-time employed in the inspection, overhauling, repairing, preserving, or replacing parts on aircraft.
3. Part-time employees must be evaluated by the ASI

With this interpretation and the fact that the ASI’s cannot deviate from this “explanation”, leads the ASI’s interpretation of the “clarification” to exclude many of the IA’s that are currently effective per 14CFR65.83, which states that a mechanic cannot exercise the privileges of their mechanic certificate unless they have within the preceding 24 months:

1. Served as a Mechanic for the previous 6 months
2. Technically Supervised other Mechanics
3. Executive Supervised Maintenance or Alterations
4. Been engaged in and combination of the above

While the first part of the proposed change seems to corresponds to 14CFR65.83 it is not definitive in that reference so an ASI could state that a Supervisor or Director of Maintenance, who may or may not actually perform maintenance, be excluded because he is not fulfilling the second part of the sentence in the proposed changed. There could also be interpretation that Instructors at 14CFR147 Aviation Maintenance Schools, Tech Reps, Maintenance Salesman, Maintenance Coordinators, Maintenance Auditors, and other mechanics who are engaged in some aspect of aviation maintenance be denied application or renewal of their IA for the same reason.

The ramification of this Proposal as written is far-reaching affecting those who hold certificates or titles required under 14CFR119, 14CFR135, 14CFR145, and 14CFR121. PAMA proposes the following change to the note for FAA Order 8900.1 section 7 (A) 5-1279:

“Note: Actively engaged means:

1. Exercising the privileges of an airframe and powerplant mechanic certificate in the maintenance of civil aircraft – ref 14CFR65.83
2. Applicants who are employed full-time in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft.
3. Applicants who are employed or participate in inspecting, overhauling, repairing, preserving, or replacing parts on aircraft on a part-time or occasional basis will be evaluated by the ASI to determine whether the applicant is actively engaged. The ASI will evaluate the scope of part-time or occasional activity based on the type of maintenance activity, including any special expertise required, and the quantity of maintenance activity performed. To evaluate the scope of the part-time or occasional maintenance activity, the ASI will use evidence or documentation provided by the applicant showing inspection, overhauling, repairing, preserving, or replacing parts on aircraft.
4. Full-time instruction in technical training or training under 14CFR147.
5. Employment directly related to the airworthiness of aircraft (employment could have titles such as Technical Representative, Maintenance Sales, Maintenance Coordinator, or Maintenance Auditor).
6. Combination of any of the above functions.