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. (Adventure 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 and recommended at least 10 different people for 

a knowledge or practical test nor having graduated 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 over 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 additional 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 .