December 9, 2011 

Mr. Daniel Detwiler 

10429 Highway 1063 

Independence, LA 70443 

Dear Mr. Detwiler: 

This letter is to inform you that we have denied your petition for rulemaking. It transmits our 

decision and explains its basis. 

By letter dated September 13, 2010, you petitioned the Federal Aviation Administration 

(FAA) to amend § 91.409(a) to allow registered aircraft owners, who hold a current airframe 

and powerplant (A&P) certificate, to perform annual inspections on their own aircraft, as 

long as the aircraft is not used for hire. You include proposed language as follows: 

Section 91.409(a)(2): An annual inspection in accordance with part 43 of this 

chapter and has been approved for return to service by a person whom [sic] is 

the registered owner of the aircraft and holds a current A&P certificate; or 

Section 91.409(1)(2)(i): No person may operate an aircraft carrying any 

person for hire while being maintained under the provisions of paragraph (a)(2) 

unless an annual inspection in accordance with part 43 of this chapter is 

performed and has been approved for return to service by a person authorized 

by § 43.7 of this chapter. 

We have reviewed your petition and have determined that further resources should not be 

expended to respond to your request. We use the following criteria to make a decision to 

amend aviation regulations: 

1) the immediacy of the safety concerns the petition raises; 

2) the priority of other FAA issues; and 

3) the resources we have available to address these issues. 

The FAA believes the current minimum eligibility requirements for an inspection 

authorization (IA) are necessary. The requirements for having an individual with an IA 

perform an annual inspection demonstrates to the FAA that the individual has sufficient 
2

knowledge, experience, equipment, facilities, and technical data necessary to exercise the 

additional privileges afforded to a mechanic with an IA. 

The FAA finds that your petition fails to address the additional authorizations or 

requirements afforded to an individual with an IA under § 43.7 or the general requirements 

imposed by §§ 65.91, 65.93, 65.95, and 91.403(b). Owners who hold a mechanic certificate 

with A&P ratings are not required by regulation to have the same level of experience or 

demonstrate knowledge standards in performing inspections on experimental or light sport 

aircraft, as is required of a mechanic with an IA. 

In addition, the FAA has determined that inspections performed by owners of experimental 

and/or light sport aircraft need not include a separate inspection to determine conformity to 

an FAA-issued type certificate. The owner performs conditional inspections, in accordance 

with part 43, Appendix D, and is only required to make a determination that the aircraft is in 

a condition for safe flight. The owner is not required to make a determination that the 

aircraft is airworthy. The owner does not have to possess the knowledge and skills required 

to conduct an annual type inspection performed on a type certificated aircraft, in accordance 

with § 91.409. Annual inspections performed in accordance with § 91.409(a)(1) require the 

scope of inspection in order to determine conformity to an FAA-issued type certificate, along 

with being in a condition for safe flight, i.e., airworthy. 

Finally, the FAA finds there are already sufficient numbers of FAA-certified mechanics with 

IA’s to perform inspections on the registered owner’s aircraft, as required by § 91.409. 

Based on the information above, we have determined that you have not raised a safety 

concern, and rulemaking is not necessary. 

In consideration of the foregoing and pursuant to the authority contained in 49 U.S.C. 

§§ 40113 and 44701, delegated to me by the Administrator, your petition for rulemaking is 

hereby denied. 

Accordingly, we will close Docket No. FAA-2010-0927. 

Sincerely, 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service