NOTICE

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

N 8900.421

 

National Policy

Effective Date: 5/11/17

 

 

Cancellation Date: 5/11/18

 

SUBJ:

Reexamination of Airmen Tested by Designated Pilot Examiner Bruce Kalashian

1.    Purpose of This Notice. This notice provides current guidance to Federal Aviation Administration (FAA) aviation safety inspectors (ASI) on program policies and procedures for reexamining individuals holding pilot certificates with various ratings who were tested by Designated Pilot Examiner (DPE) Bruce Kalashian of Fresno, CA. Notice N 8900.274, Reexamination of Airmen Tested by Designated Pilot Examiner Bruce Kalashian, issued on September 11, 2014, described the purpose of the reexaminations were to ensure that the individuals meet the standards of Title 14 of the Code of Federal Regulations (14 CFR) part 61 to hold their certificates and/or ratings. N 8900.274 was canceled on September 11, 2015, and the reexamination program is not complete.

Note: This guidance is considered to be supplemental to FAA orders and Federal regulations.

2.    Audience. The primary audience for this notice is Flight Standards District Office (FSDO) ASIs. The secondary audience includes Flight Standards branches and divisions in the regions and in headquarters (HQ).

3.    Where You Can Find This Notice. You can find this notice on the MyFAA employee website at https://employees.faa.gov/tools_resources/orders_notices. Inspectors can access this notice through the Flight Standards Information Management System (FSIMS) at http://fsims.avs.faa.gov. Operators can find this notice on the FAA website at http://fsims.faa.gov. This notice is available to the public at http://www.faa.gov/regulations_policies/orders_notices.

4.    Authority. Title 49 of the United States Code (49 U.S.C.) § 44709 is the authority for the reexamination of a certificated pilot. The law in part states, “The Administrator of the Federal Aviation Administration may…reexamine an airman holding a certificate issued under section 44703 of this title.”

5.    Purpose of the Reexamination. As a result of a Special Emphasis Evaluation Designee (SEED) of DPE Kalashian and subsequent investigation by the FAA of the certification activities of DPE Kalashian, the Administrator determined that there is reason to believe that the competency of the airmen examined by DPE Kalashian from the period of January 2012 through January 2014 is in doubt. As a result of the evidence obtained during the investigation, the FAA determined that these airmen will require reexamination of their competency pursuant with 49 U.S.C. § 44709 to ensure safety in air commerce.

6.    Airmen to be Reexamined.

a.    Tested by Bruce Kalashian. All airmen that were tested by and received certificates and/or ratings from DPE Kalashian during the respective time period (January 2012 through January 2014) will be reexamined by an FAA inspector. An airman may be exempted from the reexamination requirement only under the following specific conditions:

(1)    After having received certificates and/or ratings from DPE Kalashian, the airman was subsequently tested and received a higher-level U.S. certificate and/or rating in the same category and class as the certificate and/or rating received from DPE Kalashian. Exemption is specifically limited to the following:

Certificate or Rating issued by DPE Kalashian

Subsequent certificate or rating issued that would exempt airman from reexamination requirement (Same Category and Class)

Recreational Pilot

Private Pilot or Commercial Pilot

Private Pilot

Commercial Pilot (NOT Airline Transport Pilot)

Instrument Rating

Airline Transport Pilot

Additional Class Rating at the Private Pilot Grade

Testing for that same class rating at the Commercial Pilot Grade

Flight Instructor Initial Certification

No Relief

Flight Instructor Additional Ratings

No Relief

Airline Transport Pilot

No Relief

(2)    The airman must have taken the subsequent practical test before receipt of a letter from the FAA requesting a reexamination of his or her certificate or rating.

b.    Assigned Outside the United States and its Trust Territories. Relief for U.S. military and civilian personnel who are assigned outside the United States and its trust territories in support of U.S. Armed Forces operations will be applied to airmen requiring reexamination. The criteria for this relief will be the same as is offered in Special Federal Aviation Regulation (SFAR) 100‑2; relief includes the opportunity to complete reexamination within 6 calendar‑months after returning to the United States.

c.    Foreign Airmen. Foreign airmen issued certificates or ratings by DPE Kalashian during the cited time period are to be reexamined in the same manner as airmen in the United States. In many instances, the foreign airmen will have been issued foreign licenses based on their U.S. certificates. This notice does not authorize reexamination activity outside the United States. In order to be reexamined, foreign airmen will have to appear in the United States at their own expense. A current verification letter will be required for either of the following actions:

(1)    Downgrade to remove the certificate or rating issued by DPE Kalashian, if that certificate or rating states “U.S. Test Passed.” (The original certificate was foreign based.)
(2)    The airman to be reexamined is in need of a replacement FAA certificate based on a foreign license (part 61, § 61.75).

7.    Title 49 U.S.C. § 44709 Notification Letter (See Appendix E). Airmen requiring reexamination will be notified by mail sent to the airman’s address of record (obtained from the FAA’s Civil Aviation Registry (AFS‑700)). The Fresno FSDO point of contact (POC) will issue each notification letter. The letter will notify the airman of the decision to reexamine and require the airman to contact the Fresno FSDO POC (referenced in the letter) within 10 business-days of receipt of the letter to schedule a reexamination. The letter will enumerate each certificate and/or rating that is subject to reexamination. The Fresno FSDO will maintain the records of the notifications to the airmen and the records of the administration of the reexaminations.

a.    Domestic Addresses. The Fresno FSDO will mail two copies of the notification letter to each airman via the U.S. Postal Service; one copy will be sent via certified mail/return receipt requested (proof of service), and the other by regular mail. Lack of a return of the regular mail letter raises a presumption that the airman received the letter; in such cases, the Fresno FSDO will document that the regular mail letter was not returned. The Fresno FSDO will keep copies of the mailing receipts and proof of receipt for the letter sent via certified mail. The Fresno FSDO will maintain any letters that are returned with the file.

b.    Foreign Addresses. The Fresno FSDO will mail two copies of the notification letter to each airman; one copy will be sent via DHL (proof of service), and the other copy will be sent by First‑Class Mail International. The Fresno FSDO will keep copies of the mailing receipts and proof of receipt for the letter sent certified mail. The Fresno FSDO will maintain any letters that are returned with the file.

8.    Scheduling a Reexamination. When the Fresno FSDO is contacted by the airman, they will allow the airman to choose from available dates and times to schedule the reexamination. The reexamination should normally take place within 15 days of receipt of the letter of notification; however, there may be exceptions that delay the reexamination in accordance with FAA Order 8900.1, Volume 5, Chapter 7, Section 1, Conduct a Reexamination Test of an Airman Under Title 49 of the United States Code, subparagraph 5‑1419C. The inspector should accommodate the airman as deemed necessary and appropriate to the situation, but may not allow the airman to postpone the reexamination indefinitely. If the airman does not intend to operate aircraft for a short period of time, or needs time to practice and cannot meet the 15‑day deadline, the airman must temporarily deposit their airman certificate at the FSDO for a maximum of 30 days in accordance with the temporary deposit and reissue policy (refer to Order 8900.1 Volume 5, Chapter 2, Section 5, Miscellaneous Part 61 Certification Information). If the airman has made arrangements to have the reexamination administered at another FSDO, the same standards should be applied.

9.    Test Procedure. The inspector conducting the 49 U.S.C. § 44709 reexamination of the airman will request and review the airman’s § 44709 letter. This letter will determine the applicable practical test standards (PTS) or Airman Certification Standards (ACS) to be used for the reexamination. The reexamination will consist of all Areas of Operation and Tasks for the applicable PTS or ACS, as appropriate. If more than one reexamination is required of a single airman, each reexamination will require a separate FAA Form 8710‑1, Airman Certification and/or Rating Application.

10.    Test Standard. The reexamination will cover the highest grade of certificate and rating that the airman received from DPE Kalashian. In the event that DPE Kalashian conducted more than one test for that grade of certificate, the reexamination will cover all ratings conducted by DPE Kalashian at that certificate level.

Example 1: An applicant took both the Commercial Airplane Single-Engine Land (ASEL) and Commercial Airplane Multiengine Land (AMEL) practical tests with DPE Kalashian. The reexamination request would be for both ratings on his or her Commercial Pilot Certificate.

Example 2: An applicant received his or her initial Private Pilot ASEL Certificate with DPE Kalashian, and was subsequently also tested with DPE Kalashian for the Instrument Rating. The reexamination will consist of a complete practical test as set forth in the appropriate PTS or ACS for the Private Pilot ASEL, as well as the Instrument Rating Airplane (IRA) practical test. If this same airman subsequently also tested for the Commercial Pilot ASEL practical test with DPE Kalashian, the reexamination would consist of the Commercial Pilot (highest grade) ASEL, as well as the IRA practical test. The current PTS or ACS, as appropriate, will be used.

11.    Test Outcomes.

a.    Successful Reexamination. If the airman successfully completes the reexamination with an ASI:

(1)    Review the front of FAA Form 8710‑1 for accuracy, completeness, and signatures. Complete the back side of FAA Form 8710‑1, indicating the successful outcome.
(2)    Issue a letter of satisfactory results to the airman.
(3)    Photocopy both the letter and FAA Form 8710‑1 (front and back).
(4)    Mail the original application and a copy of the letter of results to Mary Snyder in the Airmen Certification Branch (AFS-760), as outlined in paragraph 12. (Please note the additional documentation requirements outlined in that paragraph.)
(5)    A copy of the entire package (letter and FAA Form 8710‑1) will also be forwarded to the Fresno FSDO.
(6)    The ASI completes a Program Tracking and Reporting Subsystem (PTRS) entry using activity code 1534.
(a)    Enter “P” in the P/F field.
(b)    In the National Use field, enter “KALASHIAN” (without quotation marks or spaces).
(c)    Enter the airman name and certificate number.
(d)    Enter the LOC (location of reexamination).

b.    Unsuccessful Reexamination. If the airman is unsuccessful at completing the reexamination:

(1)    The airman must be informed in detail of each deficiency. The individual should be offered the opportunity to surrender for cancellation or downgrade in lieu of a second reexamination. (See the procedures in subparagraph 11e.)
(2)    If the airman accepts the offer to take a second reexamination, he or she must temporarily deposit his or her certificate at the FSDO.
(3)    Review the front of FAA Form 8710‑1 for accuracy, completeness, and signatures. Complete the back side of FAA Form 8710‑1, indicating the unsuccessful outcome.
(4)    Photocopy the front and back of FAA Form 8710‑1.
(5)    Prepare a Temporary Airman Certificate for student pilot privileges only. (See the guidance in Order 8900.1, Volume 5, Chapter 7, Section 1, subparagraph 5‑1424B.)
(6)    Collect the airman’s certificate for a period not to exceed 30 days.
(7)    Have the applicant complete and sign the surrender for temporary deposit form. See Appendix B, Letter of Temporary Deposit.
(8)    Mail the original application, a copy of the surrender letter, and a copy of the temporary airman certificate to Mary Snyder in AFS-760, as outlined in paragraph 12. (Please note the additional documentation requirements outlined in that paragraph.)
(9)    A copy of the entire package will also be forwarded to the Fresno FSDO.
(10)    The ASI completes a PTRS entry using activity code 1534.
(a)    Enter “F” in the P/F field.
(b)    In the “National Use” field, enter “KALASHIAN” (without quotation marks or spaces).
(c)    Enter the airman name and certificate number.
(d)    Enter the LOC (location of reexamination).

c.    Certificate Nearing Expiration. If the temporary deposit certificate term is nearing expiration, a decision must be made to either suspend the certificate in accordance with FAA Order 2150.3, FAA Compliance and Enforcement Program, or extend the temporary deposit certificate for another 30 days.

d.    Second Reexamination. If the airman attempts the reexamination for a second time:

(1)    If the airman fails the second reexamination, he or she should be offered the opportunity to surrender for cancellation or downgrade (follow the procedures outlined in subparagraph 11e). If the airman chooses not to surrender or exchange the certificate, forward all documentation to the Fresno FSDO, which will proceed with enforcement action to revoke the certificate or rating based on lack of qualifications.
(2)    If the airman successfully completes the second reexamination, the airman’s certificate will be returned and the airman will be provided with an official letter of successful completion of reexamination, closing the matter. (Follow the procedures outlined in subparagraph 11a.)

e.    Voluntary Surrender or Exchange. If an airman elects to not complete the reexamination (or fails a reexamination and chooses not to attempt the reexamination for the second time), he or she may elect to voluntarily surrender or exchange their certificate for cancellation or downgrade pursuant with § 61.27. The airman may surrender a certificate for downgrade only if the practical test for the lower grade of certificate was not administered by DPE Kalashian. For this reason, it is imperative that before processing a downgrade or surrender, the inspector contacts Mary Snyder or the Fresno FSDO. If the reexamination is for the purpose of demonstrating qualification for a rating (e.g., Instrument Airplane), the airman may surrender his or her certificate for the purpose of having it reissued without the rating. An airman who offers to voluntarily surrender their airman certificate for cancellation or exchange will be provided a statement to sign that records voluntary surrender. (See Appendix C, Voluntary Surrender for Cancellation, or Appendix D, Voluntary Downgrade, as applicable.)

(1)    Contact the Fresno FSDO POC or Mary Snyder in AFS-760 to verify that the applicant is eligible to downgrade the certificate.
(2)    Have the applicant surrender the certificate to an ASI.
(3)     Have the applicant complete and sign the surrender for cancellation or surrender for downgrade form, as appropriate. (See Appendix C or D, as appropriate.)
(4)    Have the applicant complete and sign FAA Form 8710‑1, indicating “Downgrade to ___ level of certificate” or “Remove ___ rating” in the “Other Information/Requests” box of section I.
(5)    Issue the applicant a Temporary Airman Certificate (if applicable) at the downgraded level (or omitting the rating, as appropriate).
(6)    Photocopy the entire package (surrender letter, FAA Form 8710‑1, and the Temporary Airman Certificate).
(7)    Mail the original package (FAA Form 8710‑1, downgrade/surrender letter, copy of Temporary Airman Certificate issued (if applicable), and the original pilot certificate) to Mary Snyder, AFS‑760, as outlined in paragraph 12.
(8)    Provide the Fresno FSDO POC a copy of the entire package.
(9)    The ASI completes a PTRS entry using activity code 1570.
(a)    Enter into the “National Use” field “KALASHIAN” (without quotation marks or spaces).
(b)    Enter the airman’s name and certificate number.

12.    Additional Documentation Requirements. FAA Form 8710‑1 will be used to document the reexamination, surrender, downgrade, etc. Order 8900.1, Volume 5, Chapter 1, Section 3, Phases of Certification, provides appropriate instructions to document the reexamination. Additionally, in the upper margin, print “DPE KALASHIAN REEXAMINATION UNDER 49 U.S.C.”, and in the lower margin, print “REEXAMINATION UNDER 49 U.S.C.” (see Appendix A). It is important that the FSDOs and Regional Counsel offices mail the original documents to AFS-760 in two sealed envelopes.

a.    Both the inner sealed envelope and the outer mailing envelope should be addressed as follows:

For your eyes only:

Mary Snyder (405‑954‑3794)

FAA Airmen Certification Branch

Mike Monroney Aeronautical Center

Civil Aviation Registry

PO Box 25082

Oklahoma City, OK 73125

b.    For project tracking purposes, the Fresno FSDO POC (Bjorn Beijens) must be provided with copies of the packages sent to AFS-760. Please send to Bjorn Beijens by one of the following:

·    Fax: 559‑454‑8808;

·    Email: Bjorn.R.Beijens@faa.gov;

·    Or mail:     Bjorn Beijens

Fresno Flight Standards District Office

4955 E. Anderson Avenue

Suite 110

Fresno, CA 93727

13.    Legal Enforcement Action. If the airman does not respond, or does not successfully complete reexamination and does not voluntarily surrender their certificate(s) and/or rating(s) for cancellation or downgrade, legal enforcement action must be taken in accordance with Order 2150.3. In accordance with that order, the Enforcement Investigation Report (EIR) must reflect whether the legal enforcement action should be on an emergency basis; thus, evidence of the airman’s current ability to operate is necessary, including current status of FAA medical certification.

Note: All supporting documentation will be forwarded to the Fresno FSDO, who will be responsible for processing all enforcement cases.

a.    No Response. If the airman does not respond to the 49 U.S.C. § 44709 letter within 30 days of the date of receipt of the letter, the Fresno FSDO will compile an EIR, including the § 44709 letter, proof of service, certificate(s) and rating(s) held, which certificate(s) and/or rating(s) DPE Kalashian issued, and other evidence. The Fresno FSDO will forward the EIR to the Western‑Pacific Region Flight Standards Division (AWP‑200). After review, AWP‑200 will forward the EIR to the FAA Office of Chief Counsel, Enforcement Division (AGC‑300) for legal enforcement action to suspend the certificate(s) and/or rating(s) issued by DPE Kalashian.

b.    After Issuance of an Order of Suspension. If the airman presents himself or herself to a FSDO after the issuance of an order suspending his or her certificate, and the airman successfully completes the reexamination, that FSDO will forward documentation of the success of the reexamination to AGC-300. If the airman fails the reexamination, the ASI will submit all required documentation to the Fresno FSDO, who will compile an EIR with a new EIR number for revocation of the certificate(s) and/or rating(s) and forward the EIR to the AWP‑200. If the airman surrenders his or her certificate for cancellation or downgrade, the FSDO accepts the certificate and forwards the certificate to AFS-760, in accordance with paragraphs 11e and 12. A copy of the package will be scanned and emailed to the AGC-300 POC, Adam Runkel.

14.    Bruce Kalashian Reexamination Program Team. The Fresno FSDO will be responsible for sending the reexamination letters to the airmen who are subject to the reexamination process and for tracking the progress of each to its conclusion. However, the AWP Technical Branch – General Aviation (AWP‑230) has overall responsibility for coordination of all the activities being conducted as part of this program.

a.    Fresno FSDO POC. The Fresno FSDO has identified the POC as Bjorn Beijens, principal operations inspector (POI), as well as a team to oversee the reexamination program. This team will track the administration of the reexaminations and process the tracking records created for this program to record its progression toward completion of the requirements for the airman.

b.    AWP‑230 POC. AWP‑200 has identified the POC as Alvaro Gil, regional specialist. The AWP‑230 POC will help facilitate the tracking of the program, receive enforcement reports, and forward them to AGC‑300 for processing.

c.    AGC-300 POC. AGC-300 has identified the POC as Adam Runkel, Manager, Enforcement Division – Western Team. The AGC-300 POC will coordinate the processing of any certificates that an airman chooses to surrender for cancellation or downgrade. He will be available to answer any legal questions pertaining to this notice, and will be responsible for assigning the attorneys to any enforcement cases that may result from airmen failing to comply with reexamination requests or who demonstrate lack of qualifications.

15.    Disposition. We will not incorporate the information in this notice into Order 8900.1. Direct questions or comments concerning the information in this notice to Alvaro Gil, AWP‑230 POC for this program, at 562‑420‑1755 ext. 161 or Alvaro.Gil@faa.gov.

ORIGINAL SIGNED by

/s/ John Barbagallo

Deputy Director, Flight Standards Service

Appendix A. DPE Kalashian Reexamination Under 49 U.S.C.

FAA Form 8710-1 for DPE Kalashian Reexamination Under 49 U.S.C.

Appendix A. DPE Kalashian Reexamination Under 49 U.S.C., FAA Form 8710-1, page 2

Appendix B. Letter of Temporary Deposit

Letter of Temporary Deposit

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

______[Insert Name of FAA Office]_______

_______[Insert Address]_______

Due to [ENTER EITHER “the unsatisfactory results of a reexamination on” OR “my inability to complete the requested reexamination by”] [Insert Date], I hereby voluntarily surrender my pilot certificate [number] for temporary deposit in the [Name of FSDO] Flight Standards District Office of the FAA until [date+up to 30 days]. If, by that date, I have not demonstrated the airman competence to hold that/those rating(s) to the FAA or received an extension of time within which to take the reexamination, I understand that legal enforcement action will be taken to suspend the privileges of my [grade of] certificate until I demonstrate the competence prescribed in the Federal aviation regulations for its original issuance.

Signed, [printed and signed name]

on this [date].

[address]

[witness A, date]

[witness B, date]

Attach Certificate

Appendix C. Voluntary Surrender for Cancellation

Voluntary Surrender for Cancellation

TO:

_______

XXX Flight Standards District Office

FSDO Street Address

FSDO City, State and ZIP Code

FROM:

Airman’s Name

Airman’s Street Address

Airman’s City, State and ZIP Code

I hereby voluntarily surrender my ______ Certificate, number XXXXXXX, for cancellation. I understand that this constitutes unequivocal abandonment of the ____________ (Certificate or Rating) and that a Federal Aviation Administration (FAA) airman certificate or rating may not be reissued to me again unless I pass all the tests prescribed for its issue.

My rights to be heard as to why my certificate should not be amended, suspended, or revoked have been fully explained to me and by affixing my signature hereto are hereby waived.

                                                                                                                       

Signature                                                                     Date

ACKNOWLEDGMENT OF ACCEPTANCE AND COORDINATION

I, _________________, an Aviation Safety Inspector, accept the specified certificate and acknowledge that Mr./Ms. __________ freely and voluntarily surrendered the specified FAA certificate to the FAA on __________ (Date). I further acknowledge that this certificate holder’s request for this voluntary surrender has been coordinated and concurred with, by other FAA offices, as appropriate.

                                                                                                                        

ASI Name                                                                    Date

Appendix D. Voluntary Downgrade

Voluntary Downgrade

TO:

_______

XXX Flight Standards District Office

FSDO Street Address

FSDO City, State and ZIP Code

FROM:

Airman’s Name

Airman’s Street Address

Airman’s City, State and ZIP Code

I, [pilot’s name], holder of [grade/rating] certificate No. [number], freely and voluntarily surrender my specified Federal Aviation Administration (FAA) certificate to the FAA on [date of surrender], for downgrade to a [grade/rating] certificate. I understand that this constitutes unequivocal abandonment of the ____________ (Certificate or Rating) and that a Federal Aviation Administration (FAA) airman certificate or rating may not be reissued to me again unless I pass all the tests prescribed for its issue.

My rights to be heard as to why my certificate should not be amended, suspended, or revoked have been fully explained to me and by affixing my signature hereto are hereby waived.

                                                                                                                        

Signature                                                                      Date

ACKNOWLEDGMENT OF ACCEPTANCE AND COORDINATION

I, _________________, an Aviation Safety Inspector, accept the specified certificate and acknowledge that Mr./Ms. __________ freely and voluntarily surrendered the specified FAA certificate to the FAA on __________ (Date). I further acknowledge that this certificate holder’s request for this voluntary surrender has been coordinated and concurred with, by other FAA offices, as appropriate.

                                                                                                                        

ASI Name                                                                    Date

Appendix E. Sample 49 U.S.C. § 44709 Reexamination Letter

Sample 49 U.S.C. § 44709 Reexamination Letter

CERTIFIED MAIL—RETURN RECEIPT REQUESTED (OR DHL, if not a U.S. address)

_________________________

_________________________

_________________________

_________________________

Dear [Airman’s Name]:

The FAA has conducted an investigation of the practical tests administered by Designated Pilot Examiner (DPE) Bruce Kalashian between January 2012 and January 2014. Based on that investigation, the FAA has reason to believe that DPE Kalashian issued certificates and/or ratings to airmen when the airmen did not demonstrate the qualifications to hold the certificate and/or rating for which they were tested. Thus, the competence of the airmen tested by DPE Kalashian during that time period is in question, and reexamination of the airmen’s qualifications to hold their certificates and/or ratings is necessary in the interest of safety.

FAA records indicate that on February 15, 2013, you took a Private Pilot Airplane Single Engine Land practical test with DPE Kalashian and received a Temporary Airman Certificate.

Therefore, under the authority of Title 49 U.S.C., § 44709, the FAA requests that you call or appear at this office or a Flight Standards District Office (FSDO) more conveniently located near you, within 10 days of receipt of this letter, to make an appointment for a reexamination. The reexamination will be a complete practical test for the Private Pilot certificate with Airplane Single Engine Land rating. The current Airman Certification Standards (ACS) will be used. Please note that you must supply an appropriate, Airworthy aircraft for the test.

If you make an appointment with a FSDO in another area, please advise this office.

If you do not accept the opportunity for reexamination by the date set forth above, we will begin proceedings to suspend your airman certificate until such time as you demonstrate your competence to exercise its privileges. If, for reasons beyond your control, you are unable to be reexamined at this time, please contact me prior to [add 15 days to date of letter] so that the FAA can determine whether to grant an extension of time to you.

In accordance with the Pilot’s Bill of Rights, we also inform you that:

(1) The nature of this investigation is to reexamine your qualifications to be the holder of an airman certificate in the interest of air safety pursuant to the Administrator’s authority under 49 U.S.C. § 44709.

(2) Any response to an inquiry made by a representative of the FAA Administrator by you in connection with the reexamination of your qualifications described above may be used as evidence against you.

(3) If the reexamination of your qualifications results in a legal enforcement action against your certificate, the releasable portions of the Administrator’s investigative report will be made available to you upon your written request addressed to the FAA’s legal counsel handling the enforcement action.

We will be pleased to discuss this matter with you and provide any further information that may assist you. Our office is open from 7 a.m. to 4:30 p.m., and our telephone number is (559) 454-0286.

Your cooperation in this matter will be appreciated.

Sincerely,

Bjorn Beijens

Fresno Flight Standards District Office

(559) 454-0286 ext. 223