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 sufficient2

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 suffici ent 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

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