Congress Issues Part 147 Directive: What Now?

 When the FAA Reauthorization Bill H.R. 302 is signed into law, ATEC and its industry allies will have successfully secured a congressional mandate for a fast-tracked new part 147.
 
The directive in section 624 of the reauthorization bill currently reads:
​
(a) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule to modernize training programs at aviation maintenance technician schools governed by part 147 of title 14, Code of Federal Regulations.
(b) GUIDANCE.—Not later than 180 days after the date of enactment of this Act, the Administrator shall coordinate with government, educational institutions, labor organizations representing aviation maintenance workers, and businesses to develop and publish guidance or model curricula for aviation maintenance technician schools referred to in subsection (a) to ensure workforce readiness for industry needs, including curricula related to training in avionics, troubleshooting, and other areas of industry needs.
(c) REVIEW AND PERIODIC UPDATES.—The Administrator shall--
(1) ensure training programs referred to in subsection (a) are revised and updated in correlation with aviation maintenance technician airman certification standards as necessary to reflect current technology and maintenance practices; and
(2) publish updates to the guidance or model curricula required under subsection (b) at least once every 2 years, as necessary, from the date of initial publication.
(d) REPORT TO CONGRESS.—If the Administrator does not issue such final rule by the deadline specified in subsection (a), the Administrator shall, not later than 30 days after such deadline, submit to the appropriate committees of Congress a report containing--
(1) an explanation as to why such final rule was not issued by such deadline; and
(2) a schedule for issuing such final rule.

In November 2015, the FAA issued a part 147 notice of proposed rulemaking. ATEC submitted extensive comments, supported by a coalition of allies, calling for a less-prescriptive rule that would allow for competency-based programs and the freedom to cater training to industry needs.
 
In September 2017, the FAA announced its intention to issue a Supplemental Notice of Proposed Rulemaking (SNPRM), which suggests that the proposed rule had been substantially changed in response to comments received. The public is still awaiting publication of the supplement. Government officials have indicated it will be published by year end.
 
Once the supplement is published, the public will have 2-3 months to comment, and the agency will take some time to adjudicate those comments before issuing a final rule.
 
Given what still needs to be done before a new part 147 is promulgated, it is unlikely that industry will see a new part 147 in six months as the law will direct. However, the congressional directive should ensure that the agency makes the rulemaking a high priority and help fast-track it through the regulatory process.
 
Given the law will also direct the agency to consider imminent mechanic airman certification standards (ACS) for program development; it would behoove program administrators to begin reviewing that draft document with an eye toward curriculum revision (the latest and future revisions of the draft document will be available at www.atec-amt.org/airman-certification-standards).
 
The final ACS is expected to publish in June 2019, with a June 2020 implementation date. The agency will work with industry representatives to revise the document periodically thereafter. Once published, the working group will make recommendation that the ACS not be revised for at least two years to give schools time to adapt to the change.
 
Since it is possible that we will not have a new part 147 before the ACS is published—even with the congressional mandate—schools will need to ensure compliance with the regulation while also adequately preparing A&P grads for the FAA mechanic test, which will be based on the ACS.
 
The legislation also calls for the agency to develop guidance material or model curriculum to aid program development. ATEC expects draft guidance will be issued along with the SNPRM and look forward to making extensive comment to that document to ensure alignment with the ACS.