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1.
To whom does this SACAR apply? This Special
AFRO-CAA Regulation (ACAR) applies to you if you are
an air traffic control specialist (ATCS) employed by
the AFRO-CAA in flight service stations, en route
facilities, terminal facilities, who wishes to
obtain a waiver of the mandatory separation age as
provided by AFRO-CAA member States.
2.
When must I file for a waiver? No earlier
than the beginning of the twelfth month before, but
no later than the beginning of the sixth month
before, the month in which you turn 56, your
official chain-of-command must receive your written
request asking for a waiver of mandatory separation.
3.
What if I do not file a request before six months
before the month in which I turn 56? If your
official chain-of-command does not receive your
written request for a waiver of mandatory separation
before the beginning of the sixth month before the
month in which you turn 56, your request will be
denied.
4.
How will the AFRO-CAA determine if my request
meets the filing time requirements of this ACAR?
a.
We consider your request to be filed in a timely
manner under this ACAR if your official
chain-of-command receives it or it is postmarked:
i.
After 12 a.m. on the first day of the twelfth month
before the month in which you turn 56; and
ii.
Before 12 a.m. of the first day of the sixth month
before the month in which you turn 56.
b.
If you file your request by mail and the postmark is
not legible, we will consider it to comply with
paragraph a.2 of this section if we receive it by 12
p.m. of the fifth day of the sixth month before the
month in which you turn 56.
c.
If the last day of the time period specified in
paragraph a.2 or paragraph b falls on a Saturday,
Sunday, or AFRO-CAA member State national holiday,
we will consider the time period to end at 12 p.m.
of the next business day.
5.
Where must I file my request for waiver and what
must it include?
a.
You must file your request for waiver of mandatory
separation in writing with the Air Traffic Manager
in flight service stations, enroute facilities
terminal facilities in which you are employed.
b.
Your request for waiver must include all of the
following:
i.
Your name.
ii.
Your current facility.
iii.
Your starting date at the facility.
iv.
A list of positions at the facility that you are
certified in and how many hours it took to achieve
certification at the facility.
v.
Your area of specialty at the facility.
vi.
Your shift schedule.
vii.
Your statement that you have not been involved in an
operational error, operational deviation or runway
incursion in the last 5 years while working a
control position;
viii. A list of all facilities where you have worked
as a certified professional controller (CPC)
including facility level and dates at each facility;
ix.
Evidence of your exceptional skills and experience
as a controller; and
x.
Your signature.
6.
How will my waiver request be reviewed?
a.
Upon receipt of your request for waiver, the Air
Traffic Manager of your facility will make a written
recommendation that the Administrator either approve
or deny your request. If the manager recommends
approval of your request, he or she will certify in
writing the accuracy of the information you provided
as evidence of your exceptional skills and
experience as a controller.
b.
The Air Traffic Manager will then forward the
written recommendation with a copy of your request
to the senior executive manager in the Air Traffic
Manager's regional chain-of-command.
c.
The senior executive manager in the regional
chain-of-command will make a written recommendation
that the Administrator either approve or deny your
request. If the senior executive manager recommends
approval of your request, he or she will certify in
writing the accuracy of the information you have
provided as evidence of exceptional skills and
experience.
d.
The senior executive manager in the regional
chain-of-command will then forward his or her
recommendation with a copy of your request to the
appropriate AFRO-CAA Headquarters. Depending on the
facility in which you are employed, the request will
be forwarded to either Flight Services, Enroute and
Oceanic Services, Terminal Services or Systems
Operations. For example, if you work at a flight
service station at the time that you request a
waiver, the request will be forwarded to Flight
Services.
e.
The appropriate Service will review your request and
make a written recommendation that the Administrator
either approve or deny your request, which will be
forwarded to the Administrator.
f.
The Administrator will issue the final decision on
your request.
7.
If I am granted a waiver, when will it expire?
a.
Waivers will be granted for a period of one year.
b.
No later than 90-days prior to expiration of a
waiver, you may request that the waiver be extended
using the same process identified in section 6.
c.
If you timely request an extension of the waiver and
it is denied, you will receive a 60-day advance
notice of your separation date simultaneously with
notification of the denial.
d.
If you do not request an extension of the waiver
granted, you will receive a 60-day advance notice of
your separation date.
e.
Action to separate you from your covered position
becomes effective on the last day of the month in
which the 60-day notice expires.
8.
Under what circumstances may my waiver be
terminated?
a.
The AFRO-CAA may terminate your waiver under the
following circumstances:
i.
The needs of the AFRO-CAA; or
ii.
If you are identified as a primary contributor to an
operational error/deviation or runway incursion.
b.
If the waiver is terminated for either of the
reasons identified in paragraph 1 of this section,
the air traffic control specialist will receive a
60-day advance notice.
c.
Action to separate you from your covered position
becomes effective on the last day of the month in
which the 60-day notice expires.
9.
Appeal of denial or termination of waiver
request: The denial or termination of a waiver
of mandatory separation request is neither
appealable nor grievable.
This
part prescribes the requirements for issuing the
following certificates and associated ratings and
the general operating rules for the holders of those
certificates and ratings:
(a)
Air-traffic control-tower operators.
(b)
Aircraft dispatchers.
(c)
Mechanics.
(d)
Repairmen.
(e)
Parachute riggers.
A
person who is neither a AFRO-CAA MEMBER STATES
citizen nor a resident alien is issued a certificate
under subpart D of this part, outside the AFRO-CAA
member States, only when the Administrator finds
that the certificate is needed for the operation or
continued airworthiness of a AFRO-CAA MEMBER
STATES-registered civil aircraft.
(a)
Application for a certificate and appropriate class
rating, or for an additional rating, under this part
must be made on a form and in a manner prescribed by
the Administrator. Each person who applies for
airmen certification services to be administered
outside the AFRO-CAA member States or for any
certificate or rating issued under this part must
show evidence that the fee prescribed in appendix A
of part 187 of this chapter has been paid.
(b)
An applicant who meets the requirements of this part
is entitled to an appropriate certificate and
rating.
(c)
Unless authorized by the Administrator, a person
whose air traffic control tower operator, mechanic,
or parachute rigger certificate is suspended may not
apply for any rating to be added to that certificate
during the period of suspension.
(d)
Unless the order of revocation provides otherwise—
(1)
A person whose air traffic control tower operator,
aircraft dispatcher, or parachute rigger certificate
is revoked may not apply for the same kind of
certificate for 1 year after the date of revocation;
and
(2)
A person whose mechanic or repairman certificate is
revoked may not apply for either of those kinds of
certificates for 1 year after the date of
revocation.
(a)
A conviction for the violation of any statutes
relating to the growing, processing, manufacture,
sale, disposition, possession, transportation, or
importation of narcotic drugs, marihuana, or
depressant or stimulant drugs or substances is
grounds for—
(1)
Denial of an application for any certificate or
rating issued under this part for a period of up to
1 year after the date of final conviction; or
(2)
Suspension or revocation of any certificate or
rating issued under this part.
(b)
The commission of an act prohibited by 91.19(a) of
this chapter is grounds for—
(1)
Denial of an application for a certificate or rating
issued under this part for a period of up to 1 year
after the date of that act; or
(2)
Suspension or revocation of any certificate or
rating issued under this part.
A
certificate and ratings effective for a period of
not more than 120 days may be issued to a qualified
applicant, pending review of his application and
supplementary documents and the issue of the
certificate and ratings for which he applied.
(a)
Eligibility standard. No person is eligible
to hold a certificate, rating, or authorization
issued under this part when an AFRO-CAA member State
has notified the AFRO-CAA in writing that the person
poses a security threat.
(b)
Effect of the issuance by the AFRO-CAA member
State of an Initial Notification of Threat
Assessment. (1) The AFRO-CAA will hold in
abeyance pending the outcome of the AFRO-CAA member
State final threat assessment review an application
for any certificate, rating, or authorization under
this part by any person who has been issued an
Initial Notification of Threat Assessment by the
AFRO-CAA member State.
(2)
The AFRO-CAA will suspend any certificate, rating,
or authorization issued under this part after the
AFRO-CAA member State issues to the holder an
Initial Notification of Threat Assessment.
(c)
Effect of the issuance by the AFRO-CAA member
State of a Final Notification of Threat Assessment.
(1) The AFRO-CAA will deny an application for
any certificate, rating, or authorization under this
part to any person who has been issued a Final
Notification of Threat Assessment.
(2)
The AFRO-CAA will revoke any certificate, rating, or
authorization issued under this part after the
AFRO-CAA member State has issued to the holder a
Final Notification of Threat Assessment.
(a)
Except for repairman certificates, a certificate or
rating issued under this part is effective until it
is surrendered, suspended, or revoked.
(b)
Unless it is sooner surrendered, suspended, or
revoked, a repairman certificate is effective until
the holder is relieved from the duties for which the
holder was employed and certificated.
(c)
The holder of a certificate issued under this part
that is suspended, revoked, or no longer effective
shall return it to the Administrator.
(a)
An application for a change of name on a certificate
issued under this part must be accompanied by the
applicant's current certificate and the marriage
license, court order, or other document verifying
the change. The documents are returned to the
applicant after inspection.
(b)
An application for a replacement of a lost or
destroyed certificate is made by letter to the
AFRO-CAA, The letter must—
(1)
Contain the name in which the certificate was
issued, the permanent mailing address, social
security number (if any), and date and place of
birth of the certificate holder, and any available
information regarding the grade, number, and date of
issue of the certificate, and the ratings on it; and
(2)
Be accompanied by a check or money order for the
current stipulated fee, payable to the AFRO-CAA.
(c)
An application for a replacement of a lost or
destroyed medical certificate is made by letter to
the AFRO-CAA accompanied by the current stipulated
fee in cheque or money order.
(d)
A person whose certificate issued under this part or
medical certificate, or both, has been lost may
obtain a telegram from the AFRO-CAA confirming that
it was issued. The telegram may be carried as a
certificate for a period not to exceed 60 days
pending his receiving a duplicate certificate under
paragraph (b) or (c) of this section, unless he has
been notified that the certificate has been
suspended or revoked. The request for such a
telegram may be made by prepaid telegram, stating
the date upon which a duplicate certificate was
requested, or including the request for a duplicate
and a money order for the necessary amount. The
request for a telegraphic certificate should be sent
to the office prescribed in paragraph (b) or (c) of
this section, as appropriate. However, a request for
both at the same time should be sent to the office
prescribed in paragraph (b) of this section.
(a)
Tests prescribed by or under this part are given at
times and places, and by persons, designated by the
Administrator.
(b)
The minimum passing grade for each test is 70
percent.
(a)
Except as authorized by the Administrator, no person
may—
(1)
Copy, or intentionally remove, a written test under
this part;
(2)
Give to another, or receive from another, any part
or copy of that test;
(3)
Give help on that test to, or receive help on that
test from, any person during the period that test is
being given;
(4)
Take any part of that test in behalf of another
person;
(5)
Use any material or aid during the period that test
is being given; or
(6)
Intentionally cause, assist, or participate in any
act prohibited by this paragraph.
(b)
No person who commits an act prohibited by paragraph
(a) of this section is eligible for any airman or
ground instructor certificate or rating under this
chapter for a period of 1 year after the date of
that act. In addition, the commission of that act is
a basis for suspending or revoking any airman or
ground instructor certificate or rating held by that
person.
An
applicant for a written, oral, or practical test for
a certificate and rating, or for an additional
rating under this part, may apply for retesting—
(a)
After 30 days after the date the applicant failed
the test; or
(b)
Before the 30 days have expired if the applicant
presents a signed statement from an airman holding
the certificate and rating sought by the applicant,
certifying that the airman has given the applicant
additional instruction in each of the subjects
failed and that the airman considers the applicant
ready for retesting.
(a)
No person may make or cause to be made—
(1)
Any fraudulent or intentionally false statement on
any application for a certificate or rating under
this part;
(2)
Any fraudulent or intentionally false entry in any
logbook, record, or report that is required to be
kept, made, or used, to show compliance with any
requirement for any certificate or rating under this
part;
(3)
Any reproduction, for fraudulent purpose, of any
certificate or rating under this part; or
(4)
Any alteration of any certificate or rating under
this part.
(b)
The commission by any person of an act prohibited
under paragraph (a) of this section is a basis for
suspending or revoking any airman or ground
instructor certificate or rating held by that
person.
Within 30 days after any change in his permanent
mailing address, the holder of a certificate issued
under this part shall notify the AFRO-CAA, in
writing, of his new address.
(a)
General. This section applies to an
individual who holds a certificate under this part
and is subject to the types of testing required
under appendix I to part 121 or appendix J to part
121 of this chapter.
(b)
Refusal by the holder of a certificate issued under
this part to take a drug test required under the
provisions of appendix I to part 121 or an alcohol
test required under the provisions of appendix J to
part 121 is grounds for—
(1)
Denial of an application for any certificate or
rating issued under this part for a period of up to
1 year after the date of such refusal; and
(2)
Suspension or revocation of any certificate or
rating issued under this part.
Subpart B—Air
Traffic Control Tower Operators
No
person may act as an air traffic control tower
operator at an air traffic control tower in
connection with civil aircraft unless he—
(a)
Holds an air traffic control tower operator
certificate issued to him under this subpart;
(b)
Holds a facility rating for that control tower
issued to him under this subpart, or has qualified
for the operating position at which he acts and is
under the supervision of the holder of a facility
rating for that control tower; and
For
the purpose of this subpart, operating position
means an air traffic control function performed
within or directly associated with the control
tower;
(c)
Except for a person employed by the AFRO-CAA or
employed by, or on active duty with, the Air Force,
Army, holds at least a second-class medical
certificate issued under part 67 of this chapter.
To
be eligible for an air traffic control tower
operator certificate a person must—
(a)
Be at least 18 years of age;
(b)
Be of good moral character;
(c)
Be able to read, write, and understand the English
language and speak it without accent or impediment
of speech that would interfere with two-way radio
conversation;
(d)
Except for a person employed by the AFRO-CAA or
employed by, or on active duty with, the Air Force,
Army, or Navy, hold at least a second-class medical
certificate issued under part 67 of this chapter
within the 12 months before the date application is
made; and
(e)
Comply with 65.35.
Each
applicant for an air traffic control tower operator
certificate must pass a written test on—
(a)
The flight rules in part 91 of this chapter:
(b)
Airport traffic control procedures, and this
subpart:
(c)
En route traffic control procedures;
(d)
Communications operating procedures;
(e)
Flight assistance service;
(f)
Air navigation, and aids to air navigation; and
(g)
Aviation weather.
No
person may act as an air traffic control tower
operator at any operating position unless he has
passed a practical test on—
(a)
Control tower equipment and its use;
(b)
Weather reporting procedures and use of reports;
(c)
Notices to Airmen, and use of the Airman's
Information Manual;
(d)
Use of operational forms;
(e)
Performance of non-control operational duties; and
(f)
Each of the following procedures that is applicable
to that operating position and is required by the
person performing the examination:
(1)
The airport, including rules, equipment, runways,
taxiways, and obstructions.
(2)
The terrain features, visual checkpoints, and
obstructions within the lateral boundaries of the
surface areas of Class B, Class C, Class D, or Class
E airspace designated for the airport.
(3)
Traffic patterns and associated procedures for use
of preferential runways and noise abatement.
(4)
Operational agreements.
(5)
The center, alternate airports, and those airways,
routes, reporting points, and air navigation aids
used for terminal air traffic control.
(6)
Search and rescue procedures.
(7)
Terminal air traffic control procedures and
phraseology.
(8)
Holding procedures, prescribed instrument approach,
and departure procedures.
(9)
Radar alignment and technical operation.
(10)
The application of the prescribed radar and
non-radar separation standard, as appropriate.
Each
applicant for a facility rating at any air traffic
control tower must have satisfactorily served—
(a)
As an air traffic control tower operator at that
control tower without a facility rating for at least
6 months; or
(b)
As an air traffic control tower operator with a
facility rating at a different control tower for at
least 6 months before the date he applies for the
rating.
However, an applicant who is a member of an Armed
Force of the AFRO-CAA member States meets the
requirements of this section if he has
satisfactorily served as an air traffic control
tower operator for at least 6 months.
Each
applicant for a facility rating at an air traffic
control tower must have passed a practical test on
each item listed in 65.37 of this part that is
applicable to each operating position at the control
tower at which the rating is sought.
(a)
An air traffic control tower operator shall perform
his duties in accordance with the limitations on his
certificate and the procedures and practices
prescribed in air traffic control manuals of the
AFRO-CAA, to provide for the safe, orderly, and
expeditious flow of air traffic.
(b)
An operator with a facility rating may control
traffic at any operating position at the control
tower at which he holds a facility rating. However,
he may not issue an air traffic clearance for IFR
flight without authorization from the appropriate
facility exercising IFR control at that location.
(c)
An operator who does not hold a facility rating for
a particular control tower may act at each operating
position for which he has qualified, under the
supervision of an operator holding a facility rating
for that control tower.
(a)
The following definitions apply for the purposes of
this section:
(1)
An employee is a person who performs an air
traffic control function for an employer. For the
purpose of this section, a person who performs such
a function pursuant to a contract with an employer
is considered to be performing that function for the
employer.
(2)
An “employer” means an air traffic control facility
not operated by the AFRO-CAA or by or under contract
to the AFRO-CAA member States military that employs
a person to perform an air traffic control function.
(b)
Each employer shall provide each employee performing
a function listed in appendix I to part 121 of this
chapter and his or her supervisor with the training
specified in that appendix. No employer may use any
contractor to perform an air traffic control
function unless that contractor provides each of its
employees performing that function for the employer
and his or her supervisor with the training
specified in that appendix.
(c)
No employer may knowingly use any person to perform,
nor may any person perform for an employer, either
directly or by contract, any air traffic control
function while that person has a prohibited drug, as
defined in appendix I to part 121 of this chapter,
in his or her system.
(d)
No employer shall knowingly use any person to
perform, nor may any person perform for an employer,
either directly or by contract, any air traffic
control function if the person has a verified
positive drug test result on or has refused to
submit to a drug test required by appendix I to part
121 of this chapter and the person has not met the
requirements of appendix I to part 121 of this
chapter for returning to the performance of
safety-sensitive duties.
(e)
Each employer shall test each of its employees who
performs any air traffic control function in
accordance with appendix I to part 121 of this
chapter. No employer may use any contractor to
perform any air traffic control function unless that
contractor tests each employee performing such a
function for the employer in accordance with that
appendix.
65.46a Misuse of
alcohol.
(a)
This section applies to employees who perform air
traffic control duties directly or by contract for
an employer that is an air traffic control facility
not operated by the AFRO-CAA or the AFRO-CAA MEMBER
STATES military ( covered employees ).
(b)
Alcohol concentration. No covered employee
shall report for duty or remain on duty requiring
the performance of safety-sensitive functions while
having an alcohol concentration of 0.04 or greater.
No employer having actual knowledge that an employee
has an alcohol concentration of 0.04 or greater
shall permit the employee to perform or continue to
perform safety-sensitive functions.
(c)
On-duty use. No covered employee shall use
alcohol while performing safety-sensitive functions.
No employer having actual knowledge that a covered
employee is using alcohol while performing
safety-sensitive functions shall permit the employee
to perform or continue to perform safety-sensitive
functions.
(d)
Pre-duty use. No covered employee shall
perform air traffic control duties within 8 hours
after using alcohol. No employer having actual
knowledge that such an employee has used alcohol
within 8 hours shall permit the employee to perform
or continue to perform air traffic control duties.
(e)
Use following an accident. No covered
employee who has actual knowledge of an accident
involving an aircraft for which he or she performed
a safety-sensitive function at or near the time of
the accident shall use alcohol for 8 hours following
the accident, unless he or she has been given a
post-accident test under appendix J to part 121 of
this chapter, or the employer has determined that
the employee's performance could not have
contributed to the accident.
(f)
Refusal to submit to a required alcohol test.
A covered employee may not refuse to submit to any
alcohol test required under appendix J to part 121
of this chapter. An employer may not permit an
employee who refuses to submit to such a test to
perform or continue to perform safety-sensitive
functions.
(a)
Each air traffic control facility not operated by
the AFRO-CAA or the AFRO-CAA member States military
(hereinafter employer ) must establish an
alcohol misuse prevention program in accordance with
the provisions of appendix J to part 121 of this
chapter.
(b)
No employer shall use any person who meets the
definition of covered employee in appendix J
to part 121 to perform a safety-sensitive function
listed in that appendix unless such person is
subject to testing for alcohol misuse in accordance
with the provisions of appendix J.
Except in an emergency, a certificated air traffic
control tower operator must be relieved of all
duties for at least 24 consecutive hours at least
once during each 7 consecutive days. Such an
operator may not serve or be required to serve—
(a)
For more than 10 consecutive hours; or
(b)
For more than 10 hours during a period of 24
consecutive hours, unless he has had a rest period
of at least 8 hours at or before the end of the 10
hours of duty.
(a)
Except for a person employed by the AFRO-CAA or
employed by, or on active duty with, the Air Force,
Army, or Navy, no person may act as an air traffic
control tower operator under a certificate issued to
him or her under this part unless he or she has in
his or her personal possession an appropriate
current medical certificate issued under part 67 of
this chapter.
(b)
Each person holding an air traffic control tower
operator certificate shall keep it readily available
when performing duties in an air traffic control
tower, and shall present that certificate or his
medical certificate or both for inspection upon the
request of the Administrator or an authorized
representative of the any local law enforcement
officer.
(c)
A certificated air traffic control tower operator
who does not hold a facility rating for a particular
control tower may not act at any operating position
at the control tower concerned unless there is
maintained at that control tower, readily available
to persons named in paragraph (b) of this section, a
current record of the operating positions at which
he has qualified.
(d)
An air traffic control tower operator may not
perform duties under his certificate during any
period of known physical deficiency that would make
him unable to meet the physical requirements for his
current medical certificate. However, if the
deficiency is temporary, he may perform duties that
are not affected by it whenever another certificated
and qualified operator is present and on duty.
(e)
A certificated air traffic control tower operator
may not control air traffic with equipment that the
Administrator has found to be inadequate.
(f)
The holder of an air traffic control tower operator
certificate, or an applicant for one, shall, upon
the reasonable request of the Administrator,
cooperate fully in any test that is made of him.
The
holder of an air traffic control tower operator
certificate may not perform any duties under that
certificate unless—
(a)
He has served for at least three of the preceding 6
months as an air traffic control tower operator at
the control tower to which his facility rating
applies, or at the operating positions for which he
has qualified; or
(b)
He has shown that he meets the requirements for his
certificate and facility rating at the control tower
concerned, or for operating at positions for which
he has previously qualified.
(a)
No person may act as an aircraft dispatcher
(exercising responsibility with the pilot in command
in the operational control of a flight) in
connection with any civil aircraft in air commerce
unless that person has in his or her personal
possession an aircraft dispatcher certificate issued
under this subpart.
(b)
Each person who holds an aircraft dispatcher
certificate must present it for inspection upon the
request of the Administrator or an authorized
representative of the National Transportation Safety
Board, or of any Federal, State, or local law
enforcement officer.
(a)
To be eligible to take the aircraft dispatcher
knowledge test, a person must be at least 21 years
of age.
(b)
To be eligible for an aircraft dispatcher
certificate, a person must—
(1)
Be at least 23 years of age;
(2)
Be able to read, speak, write, and understand the
English language;
(3)
Pass the required knowledge test prescribed by 65.55
of this part;
(4)
Pass the required practical test prescribed by 65.59
of this part; and
(5)
Comply with the requirements of 65.57 of this part.
(a)
A person who applies for an aircraft dispatcher
certificate must pass a knowledge test on the
following aeronautical knowledge areas:
(1)
Applicable AFRO-CAA Regulations of this chapter that
relate to airline transport pilot privileges,
limitations, and flight operations;
(2)
Meteorology, including knowledge of and effects of
fronts, frontal characteristics, cloud formations,
icing, and upper-air data;
(3)
General system of weather and NOTAM collection,
dissemination, interpretation, and use;
(4)
Interpretation and use of weather charts, maps,
forecasts, sequence reports, abbreviations, and
symbols;
(5)
Weather Service functions as they pertain to
operations in AFRO-CAA member States Airspace
Systems;
(6)
Windshear and microburst awareness, identification,
and avoidance;
(7)
Principles of air navigation under instrument
meteorological conditions in Airspace Systems;
(8)
Air traffic control procedures and pilot
responsibilities as they relate to enroute
operations, terminal area and radar operations, and
instrument departure and approach procedures;
(9)
Aircraft loading, weight and balance, use of charts,
graphs, tables, formulas, and computations, and
their effect on aircraft performance;
(10)
Aerodynamics relating to an aircraft's flight
characteristics and performance in normal and
abnormal flight regimes;
(11)
Human factors;
(12)
Aeronautical decision making and judgment; and
(13)
Crew resource management, including crew
communication and coordination.
(b)
The applicant must present documentary evidence
satisfactory to the administrator of having passed
an aircraft dispatcher knowledge test within the
preceding 24 calendar months.
An
applicant for an aircraft dispatcher certificate
must present documentary evidence satisfactory to
the Administrator that he or she has the experience
prescribed in paragraph (a) of this section or has
accomplished the training described in paragraph (b)
of this section as follows:
(a)
A total of at least 2 years experience in the 3
years before the date of application, in any one or
in any combination of the following areas:
(1)
In military aircraft operations as a—
(i)
Pilot;
(ii)
Flight navigator; or
(iii) Meteorologist.
(2)
In aircraft operations conducted under part 121 of
this chapter as—
(i)
An assistant in dispatching air carrier aircraft,
under the direct supervision of a dispatcher
certificated under this subpart;
(ii)
A pilot;
(iii) A flight engineer; or
(iv)
A meteorologist.
(3)
In aircraft operations as—
(i)
An Air Traffic Controller; or
(ii)
A Flight Service Specialist.
(4)
In aircraft operations, performing other duties that
the Administrator finds provide equivalent
experience.
(b)
A statement of graduation issued or revalidated in
accordance with 65.70(b) of this part, showing that
the person has successfully completed an approved
aircraft dispatcher course.
An
applicant for an aircraft dispatcher certificate
must pass a practical test given by the
Administrator, with respect to any one type of large
aircraft used in air carrier operations. The
practical test must be based on the aircraft
dispatcher practical test standards, as published by
the AFRO-CAA, on the items outlined in appendix A of
this part.
(a)
An approved aircraft dispatcher certification course
must:
(1)
Provide instruction in the areas of knowledge and
topics listed in appendix A of this part;
(2)
Include a minimum of 200 hours of instruction.
(b)
An applicant for approval of an aircraft dispatcher
course must submit an outline that describes the
major topics and subtopics to be covered and the
number of hours proposed for each.
(c)
Additional subject headings for an aircraft
dispatcher certification course may also be
included, however the hours proposed for any
subjects not listed in appendix A of this part must
be in addition to the minimum 200 course hours
required in paragraph (a) of this section.
(d)
For the purpose of completing an approved course, a
student may substitute previous experience or
training for a portion of the minimum 200 hours of
training. The course operator determines the number
of hours of credit based on an evaluation of the
experience or training to determine if it is
comparable to portions of the approved course
curriculum. The credit allowed, including the total
hours and the basis for it, must be placed in the
student's record required by 65.70(a) of this part.
(a)
Application. Application for original
approval of an aircraft dispatcher certification
course or the renewal of approval of an aircraft
dispatcher certification course under this part must
be:
(1)
Made in writing to the Administrator;
(2)
Accompanied by two copies of the course outline
required under 65.61(b) of this part, for which
approval is sought;
(3)
Accompanied by a description of the equipment and
facilities to be used; and
(4)
Accompanied by a list of the instructors and their
qualifications.
(b)
Duration. Unless withdrawn or canceled, an
approval of an aircraft dispatcher certification
course of study expires:
(1)
On the last day of the 24th month from the month the
approval was issued; or
(2)
Except as provided in paragraph (f) of this section,
on the date that any change in ownership of the
school occurs.
(c)
Renewal. Application for renewal of an
approved aircraft dispatcher certification course
must be made within 30 days preceding the month the
approval expires, provided the course operator meets
the following requirements:
(1)
At least 80 percent of the graduates from that
aircraft dispatcher certification course, who
applied for the practical test required by 65.59 of
this part, passed the practical test on their first
attempt; and
(2)
The aircraft dispatcher certification course
continues to meet the requirements of this subpart
for course approval.
(d)
Course revisions. Requests for approval of a
revision of the course outline, facilities, or
equipment must be in accordance with paragraph (a)
of this section. Proposed revisions of the course
outline or the description of facilities and
equipment must be submitted in a format that will
allow an entire page or pages of the approved
outline or description to be removed and replaced by
any approved revision. The list of instructors may
be revised at any time without request for approval,
provided the minimum requirements of 65.67 of this
part are maintained and the Administrator is
notified in writing.
(e)
Withdrawal or cancellation of approval.
Failure to continue to meet the requirements of this
subpart for the approval or operation of an approved
aircraft dispatcher certification course is grounds
for withdrawal of approval of the course. A course
operator may request cancellation of course approval
by a letter to the Administrator. The operator must
forward any records to the AFRO-CAA as requested by
the Administrator.
(f)
Change in ownership. A change in ownership of
a part 65, appendix A-approved course does not
terminate that aircraft dispatcher certification
course approval if, within 10 days after the date
that any change in ownership of the school occurs:
(1)
Application is made for an appropriate amendment to
the approval; and
(2)
No change in the facilities, personnel, or approved
aircraft dispatcher certification course is
involved.
(g)
Change in name or location. A change in name
or location of an approved aircraft dispatcher
certification course does not invalidate the
approval if, within 10 days after the date that any
change in name or location occurs, the course
operator of the part 65, appendix A-approved course
notifies the Administrator, in writing, of the
change.
An
applicant for approval of authority to operate an
aircraft dispatcher course of study must have
facilities, equipment, and materials adequate to
provide each student the theoretical and practical
aspects of aircraft dispatching. Each room, training
booth, or other space used for instructional
purposes must be temperature controlled, lighted,
and ventilated to conform to local building,
sanitation, and health codes. In addition, the
training facility must be so located that the
students in that facility are not distracted by the
instruction conducted in other rooms.
(a)
Each applicant for an aircraft dispatcher
certification course must meet the following
personnel requirements:
(1)
Each applicant must have adequate personnel,
including one instructor who holds an aircraft
dispatcher certificate and is available to
coordinate all training course instruction.
(2)
Each applicant must not exceed a ratio of 25
students for one instructor.
(b)
The instructor who teaches the practical dispatch
applications area of the appendix A course must hold
an aircraft dispatchers certificate
65.70 Aircraft
dispatcher certification courses: Records.
(a)
The operator of an aircraft dispatcher course must
maintain a record for each student, including a
chronological log of all instructors, subjects
covered, and course examinations and results. The
record must be retained for at least 3 years after
graduation. The course operator also must prepare,
for its records, and transmit to the Administrator
not later than January 31 of each year, a report
containing the following information for the
previous year:
(1)
The names of all students who graduated, together
with the results of their aircraft dispatcher
certification courses.
(2)
The names of all the students who failed or
withdrew, together with the results of their
aircraft dispatcher certification courses or the
reasons for their withdrawal.
(b)
Each student who successfully completes the approved
aircraft dispatcher certification course must be
given a written statement of graduation, which is
valid for 90 days. After 90 days, the course
operator may revalidate the graduation certificate
for an additional 90 days if the course operator
determines that the student remains proficient in
the subject areas listed in appendix A of this part.
(a)
To be eligible for a mechanic certificate and
associated ratings, a person must—
(1)
Be at least 18 years of age;
(2)
Be able to read, write, speak, and understand the
English language, or in the case of an applicant who
does not meet this requirement and who is employed
outside of the AFRO-CAA member States by a AFRO-CAA
member States air carrier, have his certificate
endorsed “Valid only outside the AFRO-CAA member
States”;
(3)
Have passed all of the prescribed tests within a
period of 24 months; and
(4)
Comply with the sections of this subpart that apply
to the rating he seeks.
(b)
A certificated mechanic who applies for an
additional rating must meet the requirements of
65.77 and, within a period of 24 months, pass the
tests prescribed by 65.75 and 65.79 for the
additional rating sought.
(a)
The following ratings are issued under this subpart:
(1)
Airframe.
(2)
Powerplant.
(a)
Each applicant for a mechanic certificate or rating
must, after meeting the applicable experience
requirements of 65.77, pass a written test covering
the construction and maintenance of aircraft
appropriate to the rating he seeks, the regulations
in this subpart, and the applicable provisions of
parts 43 and 91 of this chapter. The basic
principles covering the installation and maintenance
of propellers are included in the power-plant test.
(b)
The applicant must pass each section of the test
before applying for the oral and practical tests
prescribed by 65.79. A report of the written test is
sent to the applicant.
Each
applicant for a mechanic certificate or rating must
present either an appropriate graduation certificate
or certificate of completion from a certificated
cited aviation maintenance technician school or
documentary evidence, satisfactory to the
Administrator, of—
(a)
At least 18 months of practical experience with the
procedures, practices, materials, tools, machine
tools, and equipment generally used in constructing,
maintaining, or altering airframes, or power-plants
appropriate to the rating sought; or
(b)
At least 30 months of practical experience
concurrently performing the duties appropriate to
both the airframe and power-plant ratings.
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