AFS-15-3561-E

Exemption No. 14579

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

ROBERT J. PONTI Regulatory Docket No. FAA-2015-3493

 

for an exemption from § 61.73(g) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION

By letter dated June 27, 2015, Mr. Robert J. Ponti (Mr. Ponti), 16843 Village Lane, Dallas 

TX, 75248 petitioned the Federal Aviation Administration (FAA) for an exemption from 

§ 61.73(g) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if 

granted, would allow the petitioner to obtain a flight instructor certificate based on his U.S. 

military documentation as a U.S. military co-pilot instructor.

The petitioner requests relief from the following regulation:

Section 61.73(g) prescribes, in pertinent part, that a person who can show official U.S. 

military documentation of being a U.S. military instructor pilot or U.S. military pilot 

examiner, or a former instructor pilot or pilot examiner may apply for and be issued a flight 

instructor certificate with the appropriate ratings.

The petitioner supports its request with the following information:

The petitioner states during the 1960’s, the Strategic Air Command (SAC) was rapidly 

building a fleet of flight simulators for training and checking programs to offset the 

deployment of many resources that were required for the operations in South East Asia. SAC 

was the only Major Command that launched a program to select certain high time copilots to 

be trained to USAF instructor pilot standards and assigned to instructor duties, i.e. Instructor 

Copilots. As required by USAF standards and as outlined in AF Manual 50-9, these selected 

copilots were trained and certified as pilot instructors, certified as First Pilots in the KC-135 
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flight simulators, and put on orders as pilot Instructors to perform the training and evaluations 

for fellow pilots.

The petitioner believes his instructor qualifications in both first pilot and copilot positions in 

the KC-135 flight simulator and aircraft meet the necessary requirements to obtain the flight 

instructor certificate under part 61.73(g) on the basis of his military pilot experience. The 

petitioner provided documents including USAF Form 8s showing check rides he performed; 

USAF Form 5 showing instructor co-pilot time logged; and, USAF Special Orders, M-37, 

designating co-pilot instructor status after completion of training.

Mr. Ponti states that his personal need for an exemption is based on his intent to train and 

mentor individuals with various levels of pilot experience, and help them reach their goals as 

professional pilots.

The petitioner believes that granting his request would be in the public interest because the 

training would encourage providing the highest level of safety and professionalism.

The petitioner contends that granting his request would not adversely affect safety because his 

goal would be to enhance flight safety philosophies that he learned in his 50 years of accident 

free flying. His background as a pilot and instructor provided him a path to American 

Airlines where he experienced a 33 year career of line flying and many years of check airman 

and FAA designee status on several aircraft types. After retirement he continued with 

instructional duties for Boeing, Flight Safety International, and the FAA Technical Center in

Atlantic City, New Jersey, where he was involved with training development projects for the 

FAA.

A summary of the petition was published in the Federal Register on October 1, 2015 in 

80 FR 59223. No comments were received. 

The FAA’s analysis is as follows:

Section 61.73 contains special pilot certification rules whereby military pilots or former 

military pilots may apply for pilot certificates or ratings on the basis of their military flight 

training and pilot status rather than on a showing that they meet the specific certification

requirements of part 61.

Section 61.73(g) in part requires that a rated military pilot or former military pilot who can 

show official U.S. military documentation of being a U.S. military instructor pilot or U.S. 

military pilot examiner, or a former instructor pilot or pilot examiner may apply for and be 

issued a flight instructor certificate with the appropriate ratings. That person can present 

official U.S. Armed Forces records or orders that shows the person is or was qualified as a 

U.S. Armed Forces military instructor pilot or pilot examiner and completed a U.S. Armed 

Forces' instructor pilot or pilot examiner training course and received an aircraft rating 
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qualification as a military instructor pilot or pilot examiner that is appropriate to the flight 

instructor rating sought.

The FAA understands that each military command is responsible for the selection and 

assignment of qualified individuals for instructor pilot duties within the command. The FAA 

has established general eligibility criteria or a pathway whereby military pilots may apply for 

pilot certifications based on military flight training and experience if he/she presents proper 

documentation as listed in § 61.73(g)(3). None of the documentation submitted by the 

petitioner meets established criteria for granting a flight instructor certificate based on military 

competency under § 61.73(g)(3).

The FAA does not recognize the “instructor copilot rating” as an FAA certificate nor has 

established any practical test standards for proficiency checks in an aircraft or flight simulator. 

Additionally, the petitioner has no documentation that shows he logged any instructor pilot 

hours in any military aircraft. 

The FAA does not agree that a grant of the petitioner's request would provide a level of safety 

equal to that provided by the rule. The special pilot certification rules whereby military pilots 

or former military pilots may apply for pilot certificates or ratings is based on their military 

flight training experience and aeronautical skill requirements for that rating.

The FAA does not agree with the petitioner that the public interest would be served by 

granting his request. While there may be merit to his argument, the FAA considers it to be of 

greater public interest to ensure that the level of safety provided by Section 61.73(g) is 

maintained.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 

and 44701, delegated to me by the Administrator, the petition of Mr. Robert J. Ponti for an 

exemption from 14 CFR § 61.73(g) is hereby denied. 

Issued in Washington, D.C., on January 19, 2016.

John S. Duncan

Director Flight Standards Service .