AFS-10-328-E Exemption No. 10155

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

ADVENTURE FLIGHTS, INC. Regulatory Docket No. FAA-2010-0715

for an exemption from § 141.5(d), and (e) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated July 9, 2010, Mr. Jim Bilbrey, Chief Executive Officer and Chief Flight Instructor, Adventure Flights, Inc. (Adventur e Flights), 19301 Jasmine Court, Lake Elsinore, California 92530, petitioned the Federal Aviation Administration (FAA) on behalf of Adventure Flights for an exemption from § 141.5(d) and (e) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would permit issuance of a pilot school certificate despite not having trained a nd recommended at least 10 different people for a knowledge or practical test nor having gra duated at least 10 different people from the school’s approved training courses.

The petitioner requests relief from the following regulations:

Section 141.5(d) and (e) provides, in pertinent part, that the FAA may issue a pilot school certificate with the appropriate ratings if, within the 24 calendar months before the application is made, the applicant has trained and recommended at least 10 different people for a knowledge test or any combination thereof and at least 80 percent of those persons passed their tests on the first attempt, and has graduated at least 10 different people from the school’s approved training course.2

The petitioner supports its request with the following information:

The petitioner states that it has not been able to renew its pilot school certificate because it graduated fewer than 10 different students ove r the 24-month period preceding expiration of its pilot school certificate. The petitioner states that nine students had been trained during that period; these nine individuals completed a total of 22 courses with a 100 percent pass rate. The petitioner states that since 1993 it has trained over 150 students under part 141, including several current FAA lighter-than-air balloon designated examiners.

The petitioner contends that there is no provision in § 141.5 that permits a pilot school providing training in smaller segments of general aviation, such as hot air ballooning, to reduce the required number of graduates needed to qualify for renewal of a pilot school certificate. The petitioner asserts that it is not in the best interest of the public to deny renewal to part 141 lighter-than-air pilot schools that do not train enough students under § 141.5 because those instructors can offer a higher level of knowledge and experience.

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any further delay in acting on this petition would be detrimental to Adventure Flights.

The FAA’s analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that a grant of exemption would be in the public interest and would not provide a level of safety equivalent to that provided by the current regulations.

The FAA has considered the past operating history of the petitioner’s certificated pilot school in addition to the unique situation of low enrollment numbers in balloon training courses as compared to certain other types of aircraft training courses. Since there is a continuing need for an FAA-certificated balloon school, the FAA has determined that the public interest will be served by a grant of the requested exemption. The stringent requirements imposed by part 141 for course approvals and the conduct of training should ensure a level of safety equivalent to, or higher than, the training that would be conducted under part 61 if the exemption were not granted. The FAA notes that Adventure Flights has been operating a pilot school since 1975 and therefore is providing add itional relief from holding a provisional pilot school certificate as a requirement for applying for a pilot school certificate.3

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Adventure Flights, Inc., is granted an exemption from 14 CFR § 141.5(d) and (e) to the extent necessary to allow Adventure Flights to be issued a pilot school certificate with associated rating for free balloons.

This exemption terminates on October 31, 2012, unless sooner superseded or rescinded.

Issued in Washington, D.C., on Oct 19 2010.

/s/ Raymond Towles Acting Director, Flight Standards

Service .