P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

June 17, 2011

John Allen

Director, Flight Standards Service, AFS-1

Federal Aviation Administration

800 Independence Ave., S.W.

Washington, DC 20591-0001

Dear Mr. Allen:

Reference: Proposed 14 CFR Part 61.213(b) Rule Change.

EAA (Experimental Aircraft Association) is the world leader in recreational aviation. With an 

international membership of 168,000 people in more than 112 nations, EAA brings together aviation 

enthusiasts, pilots and aircraft owners who are dedicated to Sharing the Spirit of Aviation by promoting 

the continued growth of aviation, the preservation of its history and a commitment to aviation’s future. 

EAA programs, activities and events are known throughout the world for Preserving the heritage of 

aviation, Promoting access to flight, Protecting the right to fly, Preparing the future of aviation, and of 

our Passion for aviation safety and education.

Because safety of flight is not a critical concern with this request, EAA recommends this request for 

rulemaking be tabled for inclusion in the next scheduled 14 CFR Part 61 rulemaking change process. 

EAA periodically reviews the Federal Aviation Regulations (FARs) to determine if any specific 

regulations need to be changed to enable a stronger and more vibrant future for aviation. During the most 

recent review, EAA’s Youth Education department noticed that a specific reference to an existing ground 

instructor qualifying exclusion in §61.213(b)(2) allows an individual with a teachers certificate that 

authorizes that individual to teach at the 7th grade level or higher to be exempted from taking the 

Fundamentals of Instruction (FOI) written test. 

EAA believes this change, when incorporated, will allow additional highly qualified individuals to apply 

to become 14 CFR Part 61 ground instructors, thus enabling the next generation of airmen to have 

additional training opportunities available to them.

After an in-depth review, which involved researching the issue with the FAA Office of Rulemaking and a 

survey of EAA members (attached) experienced as teachers, flight instructors, and ground instructors, we 

have concluded the 7th grade exclusion can be eliminated without an adverse on safety, but with a 

favorable impact on the number and quality of instructors available.

The FAA Office of Rulemaking determined that the 7th grade exclusion was added in the late 1970’s. 

Teacher education and certification requirements have evolved significantly since the 1970’s and what 

may have been applicable then, e.g., the 7th grade exemption, does not meet any qualifying standard in 

today’s society. In today’s teaching environment, in order to receive a state, county, city, or municipality 

teacher’s certificate to instruct at any level at and below High School, all individuals are both well-trained 

and well-versed in the Fundamentals of Instructions. 

This recommended change would continue to require the successful passing of the aeronautical 

knowledge written test.
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

May 30, 2011

Proposed 14 CFR Part 61.213(b) Rule Change

Page 2

EAA is therefore recommending the following change be incorporated into the next scheduled 14 CFR 

Part 61 change document:

• Delete the regulatory requirement in §61.213(b)(2) which currently reads: “...that authorizes the 

person to teach at an education level of the 7th grade or higher.” 

• The recommended terminology of the revised §61.213(b)(2) would be: “Holds a current teacher’s 

certificate issued by a State, county, city, or Municipality; or.”

In addition, EAA recommends adding a new §61.213(b)(4) to provide relief to hundreds of U.S. military 

instructor pilots and pilot examiners. 

All U.S. military instructor pilots and pilot examiners are required to take in-depth FOI training as a 

major component of their basic instructor pilot and pilot examiner courses of instruction. These 

individuals therefore have an equal, if not greater, understanding of FOI than the other individuals 

authorized a FOI knowledge test exemption in §61.213(b). This knowledge, plus their demonstrated 

flight instruction qualification, should be sufficient to authorize this exemption.

The existing §61.73(g) recognizes that base experience as the authority for a U.S. military instructor pilot 

or pilot examiner to be issued an FAA Flight Instructor Certificate. But, §61.73(g)(3)(i) mandates the 

individual must take both the FOI and the aeronautical knowledge written tests. This recommended 

change would continue to require the successful passing of the aeronautical knowledge written test.

EAA is therefore recommending the following change be incorporated into the next scheduled 14 CFR 

Part 61 change document:

• Adopt a new §61.213(b)(4) that would read: “(4) Meets §61.73(g) U.S. military instructor pilot or 

U.S. military pilot examiner, or former instructor pilot or pilot examiner documentation 

requirements.”

EAA would like to thank the FAA Flight Standards Service (AFS) for accepting this proposed rule 

change. Again, EAA recommends this requested change be tabled until the next scheduled 14 CFR Part 

61 rule action as it does not involve flight safety concerns. 

Please contact me with any questions you may have concerning these comments at 920-426-6522 or 

govt@eaa.org. 

Sincerely,

Randy Hansen

EAA Government Relations Director

Attachment: EAA Survey of Members
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

EAA Survey of Members

Extracted comments

a. The following quote is from Jim Rickey, an eminent flight and ground instructor. It provides 

a real-life personal experience on this subject:

“I have a Basic and Instrument Ground Instructor Certificate, had a Flight 

Instructor Certificate (until I let it lapse), and taught kindergarten through 5th grade 

for 24 years. My California State issued credential is good for "Multiple Subjects, K12 and Adult."

My opinion would be that putting a lower limit at 7th grade is arbitrary.

• One could argue that high-school students are more similar to the adults that a 

ground instructor would encounter. However, 7th, 8th, 9th, and 10th grade 

students are a different breed. The maturity of many at that age group is lower 

than that of many 4th graders. Things do not get better until 11th and 12th grades. 

• The main difference for a teaching credential for 7th grade and above is that those 

teaching certificates are for specialists in single subjects. K-6 teachers typically 

have to teach all subjects. 7th and above teachers typically only teach a very 

narrow range of subjects. 

o If the single subject credential happens to be closely related to aviation, great, 

but if it is far away, a person with a multiple subjects credential ought to be 

just as well "trained" as someone with a single subject credential that is only 

distantly related to flying.

• A teaching credential for upper grades only means that person has specialized in a 

certain content area--as far as I know it says nothing about delivery of instruction. 

• I would think that an elementary teacher could just as well meet the F.O.I. listed in 

61.213 (a)(3)(i through iv) just as well as a teacher with a single subject 

credential. Maybe better. 

• Good teaching is good teaching. A person who can get the subject matter across 

to the student is what is important. 

So, I would say that the "7th grade or higher" provision ought to be struck from 

61.213 (b)(2).”

b. The following quote is from Hunter Heath, MD, an eminent professional/medical 

postgraduate instructor. It provides a real-life personal experience on this subject:

“Having been a teacher at various levels, including professional postgraduate, for most 

of my adult life, I had to smile at the 7th grade cutoff. Some might argue that it ought 

be the other way around—that teaching experience BELOW the 7th grade should be 

highly qualifying! Pilots never grow up, you know.

But seriously, I can’t imagine that the agency has any data to support such a cutoff—it 

sounds quite arbitrary and unsupportable. It’s not clear what grade level cutoff would 

be appropriate, and since there is surely no strong evidence for a particular cutoff, I 

suggest that anyone licensed to teach in grade school or above would be exempt from 

the Fundamental of Instruction course and test.”
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

c. The following quote is from Bill Motsinger, an eminent flight and ground instructor. It 

provides a real-life personal experience on this subject:

“I believe the exclusion could be lower. All teachers regardless of the class age taught 

must meet the same requirements. I have a private pilot student that is preparing to be 

a teacher and she has covered the same material contained in the FOI as part of her 

courses, not knowing the grade level she will be teaching.”

d. The following quote is from Dr. Val Larsen, an eminent professional graduate / postgraduate 

instructor. It provides a real-life personal experience on this subject:

“I am a college professor, so I have no axe to grind since I already receive the waiver. 

I believe that teachers who teach at any level should not be excluded. While 

elementary school teachers work with a different set of students, they face the same 

challenges (and use the same skills) as college teachers when it comes to breaking 

concepts down into logical and intelligible segments. They will know how to plan a 

lesson, how to adjust content when the student doesn't seem to be learning it. They 

will have more educational theory training than college professors have. I really can't 

see any reason why they should be excluded from the exemption.”

e. The following quote is from Sandy and JoAnn Hill, two of the aviation industries most 

eminent flight and ground instructors. It provides real-life personal experience in this very 

subject:

“We don't understand the 7th grade cutoff either. We both went to college in the late 

1960s and early 1970s to "learn" how to be teachers because that's what was required 

at the time. JoAnn was certified to teach elementary education (K thru 6th grade) & 

secondary / elementary special education (K thru 12th grade) while I was certified in 

secondary level (9th thru 12th grade) mathematics, biological science, earth science, 

general science & physical science.

That said, we both had to take essentially the same education and "teacher training" 

college courses. Over her 30+ years of teaching, she taught everything from preschool 

through adults. I, on the other hand, taught high school students through adults during 

my 25+ years. Although our two "student teaching" experiences were quite different, 

we both agree that very little we were taught about educational theory and how to be a 

teacher during our collective 11 or 12 years of college contributed to our success as 

public school educators and aviation educators. It's also interesting to note that no 

formal teaching training is required for those acting as college / university instructors.

Given her formal college training, JoAnn is really the best example. She successfully 

taught preschoolers, grade schoolers, high schoolers and adults, as well as working as 

an AOPA staff instructor teaching wannabe private, commercial, instrument and VFR 

/ IFR updater students. 

Although JoAnn and I were both longtime public school educators, we both had to 

take the FOI back in the early 1970s. After we launched a campaign to have the FAA 

change that requirement for certificated teachers, it was, in fact, changed to its current 

state in the late 1970s.”
P.O. BOX 3086 OSHKOSH, WI 54903-3086 • Tel 920.426.6522 • Fax 920.426.6560 • WWW.EAA.ORG

f. The following quote is from Aaron Dabney, M.S.Ed., an eminent flight and ground instructor 

It provides a real-life personal experience on this subject:

“My opinion is that the 7th grade limitation is in fact excessive. My rationale follows:

1. In order to obtain teaching credentials, one must (in every state I’m familiar with) 

pass a state-administered examination. That examination covers most of the 

pertinent ideas, even if phrased differently, found in the Aviation Instructor’s 

Handbook. Although the licensing examinations probably differ from level to 

level, the basics are still the basics. They’re just applied differently.

2. As a trained educator (Master of Science in Education), I find the Aviation 

Instructor’s Handbook to be a reasonably useful text.

3. My suggestion: excise the 7th grade language completely and exempt anyone who 

has a state or municipality-issued and recognized teaching certificate. We need 

more good people in the flight instruction industry. Some barriers are necessary; 

this one just lends a sense of exclusivity that doesn’t really exist.”