October 5, 2011

Mr. William R. Wallace

201 Lone Man Overlook Wimberley, Texas 78676

Dear Mr. Wallace:

In your April 12, 2011 letter, you petitioned the Federal Aviation Administration (FAA) to amend § 61.197(2)(ii) of Title 14, Code of Federal Regulations (CFR).

You have made some good points. However, when the FAA responds to petitions for rulemaking, it must follow the requirements of 14 CFR part 11, particularly those guidelines for processing petitions for rulemaking found in § 11.73. As stated in that section, the FAA uses the following criteria when making a decision as to whether or not to amend current regulations based on a petition for rulemaking:

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

2) the priority of other FAA issues; and

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

That petition for rulemaking, if amended, would specifically allow training center flight instructors to renew their flight instructor certificate on the basis of having instructed air carrier pilots pursuant to an approved part 121 or part 135 training program.

The current regulation, in pertinent part, provides for renewal of a flight instructor certificate

on the basis of the holder of that certificate be ing able to produce a record of having served within the preceding 24 calendar months as a “company check pilot, chief flight instructor, company check airman, or flight instructor in a part 121 or part 135 operation, or in a position involving the regular evaluation of pilots.”

The FAA notes that parts 121 and 135 operators must specifically qualify and designate each person used as an instructor for that operator. This includes those instructors associated with a part 142 training center or another air carrier under the same CFR part (“contract flight instructors”). Such instructors who can provide evidence that they served as a flight instructor for a part 121 or 135 carrier would meet the provision found in § 61.197(a)(2)(ii).2 The existing regulation is, therefore, adequate and already provides a basis for flight instructor certificate renewal for current air carrier contract flight instructors.

The FAA notes that the petitioner has also included those training center flight instructors who give flight instruction in a part 91K operation. While the petitioner makes multiple references to part 91K in the letter, the examples and arguments that the petitioner provides focus on those instructors who teach for entities operating under parts 121 and 135. The FAA does not believe that the petitioner has provided sufficient evidence to support a need to amend § 61.197(a)(2)(ii). However, instructors who are only teaching courses for entities that do not operate under part 121 or 135 may, depending on their specific job duties, still be in a position of regularly evaluating pilots. If the instructor is in such a position, then again the holder of the flight instructor certificate w ould be able to renew his or her certificate in accordance with the current regulation.

For the reasons above, we are unable to consider and thereby deny your petition for rulemaking in accordance with 14 CFR § 11.73

Accordingly, Docket No. FAA-2011-0440 is being closed.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

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