Lance Fisher

This is in reference to the proposed changes to 14 CFR 91.109 (Proposal 7 in Docket Number FAA–2008–0938) There are conflicting and/or confusing aspects of the rule change that I would like cleared up before adoption. First, the proposed rule requires "The pilot... must be qualified to, and serve as, pilot in command of the airplane." But it also says a single throwover wheel can be used for "Obtaining a recent flight experience as required by § 61.57" and since a pilot not already meeting 61.57 cannot legally act as PIC when a CFI is on board, it doesn't make sense. In addition, the phrase "and serve as" highlighted above implies that the pilot receiving instruction must be the legal PIC for the flight. This not only mean that the CFI cannot (yet must per 61.57) be PIC but also appears to preclude the possibility that the CFI may want/need to be the legal PIC for insurance and/or rental contract reasons. Second, the portion of the new rule detailing the CFI's requirements: "Have logged at least 25 hours... with a single, functioning throwover control wheel involved" could be interpreted to imply that the required 25 hours must be flown with a single wheel and throwover yoke. While the rule doesn't clearly state this the language is at least ambiguous. Also unclear is whether the 25 hours must be as acting PIC, or as logged PIC time e.g. as sole manipulator or CFI(I) providing dual instruction to a pilot acting as PIC. Finally, I believe that the exemption should be extended to any pilot who was qualified to act as PIC within the previous 90 days. This would provide a reasonable time period to re-qualify as PIC per 61.56 and 61.57 without putting a completely unqualified pilot at the only controls.