AFS-13-544-E

Exemption No. 11022

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of

 

PURDUE UNIVERSITY’S 

DEPARTMENT OF AVIATION Regulatory Docket No. FAA-2013-0769

TECHNOLOGY

 

for an exemption from § 61.160(b)(3)(i) 

and (ii) and § 61.169(b) 

of Title 14, Code of Federal Regulations 

GRANT OF EXEMPTION

By letter dated September 11, 2013, Ms. Lisa Lewis, Purdue University’s Department of 

Aviation Technology (Purdue), 1401 Aviation Drive, West Lafayette, IN 47907 petitioned the 

Federal Aviation Administration (FAA) on behalf of Purdue for an exemption from 

§ 61.160(b)(3)(i) and 61.160(b)(3)(ii) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would allow certain Purdue graduates who completed their 

instrument rating and/or commercial pilot certificate training under part 61 while enrolled at 

Purdue to be eligible for the restricted privileges airline transport pilot (ATP) certificate in 

accordance with § 61.160(b). The FAA is also construing the petition for exemption as a 

request for relief from the requirements of § 61.169(b).

The petitioners request relief from the following regulations:

Section 61.160(b)(3)(i) and (ii) prescribes, in pertinent part, that a person may apply 

for an airline transport pilot certificate with an airplane category multiengine class 

rating or an airline transport pilot certificate concurrently with an airplane type rating 

with a minimum of 1,000 hours of total time as a pilot if the person:

(3) Holds a commercial pilot certificate with an airplane category and instrument 

rating if:

(i) The required ground training was completed as part of an approved part 141 

curriculum at the institution of higher education; and
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(ii) The required flight training was completed as part of an approved part 141 

curriculum at the institution of higher education or at a part 141 pilot school that has a 

training agreement under § 141.26 of this chapter with the institution of higher 

education.

Section 61.169(b) states, in pertinent part, that an institution of higher education may 

not certify a graduate for an airline transport pilot certificate under the requirements of 

§ 61.160 unless it determines that the graduate has satisfied the requirements of 

§ 61.160.

The petitioner supports their request with the following information:

Purdue is a university that is nationally-recognized by the Aviation Accreditation Board 

International (AABI) which offers a Bachelor of Science degree in Professional Flight 

Technology. Purdue states its graduates of the Professional Flight Technology degree 

program develop strong technical skills supported by critical thinking, decision-making, and 

communication abilities. Purdue is requesting relief for the allowance to certify current 

students who expect to graduate in the year 2014, 2015, or 2016 and those who have 

graduated in 2009, 2010, 2011, 2012, and 2013. The relief would allow Purdue to issue a 

certifying statement to those students that have completed the integrated commercial and 

instrument courses under 14 CFR part 61 but otherwise have met the requirements for the 

ATP certificate with reduced aeronautical experience. This certificate would be issued based 

on the academic coursework completed through its Bachelor’s degree program with an 

aviation major.

To support the petitioner’s request, Purdue asserts that its part 61 training program is based on 

the requirements prescribed in part 141. Purdue provided a table comparing its part 61 

training program and the training course outline (TCO) that the FAA approved on 

September 27, 2013, in accordance with part 141 certification. Furthermore, Purdue attested 

that its safety program and training course content was not altered since the approval of its 

part 141 courses. Rather, the primary difference between the content of the training programs 

was a decrease in the total flight time requirement, namely, the solo cross country pilot time in

the approved part 141 TCO.

Purdue states that its request for exemption is within the public interest as it will add 450 

young aviators to the work force; thereby providing economic benefit and helping to support 

and maintain an industry that offers an invaluable service to the public.

A summary of the petition was published in the Federal Register on November 21, 2013 

(78 FR 69929). The FAA was compelled to publish an additional summary of the petition on 

January 21, 2014, in the Federal Register due to an inaccurate description of the relief sought 

by the petitioner in the initial notice (79 FR 3453). The FAA received comments from 19 

individuals; all commenters were supportive for the grant of exemption. The commenters 
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cited the training accomplished at Purdue meets an equivalent level of safety as the training 

conducted in accordance with part 141. Many commenters attested to personal experience 

with Purdue’s Professional Flight Technology program and the high standard for which 

Purdue graduates are held.

The FAA’s analysis is as follows:

The FAA has fully considered the petitioner’s supporting information and the comments to 

the petition and determined that the relief requested meets an equivalent level of safety and is 

in the public interest.

Public Law 111-216 requires all pilots in part 121 to have an ATP certificate. It also states the 

minimum flight time to obtain an ATP certificate is 1,500 hours. The statute did allow for a 

credit towards the 1,500 hours only if the FAA determined that allowing a pilot to take 

“specific academic training courses will enhance safety more than requiring the pilot to fully 

comply” with the flight time requirement.

In the Pilot Certification and Qualification Requirements for Air Carrier Operations notice of 

proposed rulemaking (NPRM) (77 FR 12374, February 29, 2012), the FAA proposed to allow 

a reduction in total time for graduates of an “aviation degree program” who also completed 

ground and flight training for the instrument rating and commercial certificate at an 

“associated part 141 pilot school.” Based on the comments received and further consideration 

of the statutory language, the FAA further defined what was meant by an “aviation degree 

program” to include some analysis of how completing specific academic training courses 

would, as required by the statute, “enhance safety more than requiring the pilot to fully 

comply” with the flight time requirement. The FAA issued the final rule, Pilot Certification 

and Qualification Requirements for Air Carrier Operations (78FR 42324, July 15, 2013) and 

in the preamble stated: 

“... the most critical element for determining whether a graduate should be eligible 

for an R–ATP certificate is the body of coursework completed prior to graduating with 

a degree in an aviation major. Establishing more specific program criteria for 

eligibility for an R–ATP certificate will better ensure that academic training courses 

enhance safety such that a reduction in flight hours is consistent with the Act.” 

(78 FR 42347-8).

Section 61.160 was revised to account for the specific program criteria necessary to meet the 

intent of the statute. The FAA considered not only how to determine if an institution of 

higher education and its’ program would qualify, but how to evaluate specific academic 

courses, and then how to oversee such a program.

One of the key components of the degree program is having the ground and flight training for 

the instrument rating and commercial pilot certificate integrated with a student’s broader 

aviation academic curriculum. The FAA concluded the established training standards and 
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quality provided by an institution of higher education that holds a part 141 pilot school 

certificate are necessary to ensure this integration of the pilot ground training and broader 

academic curriculum is performed to a suitable standard. Accordingly, 

“[u]nder § 61.160, a graduate must have completed all ground training for the 

commercial pilot certificate and instrument rating at the institution of higher 

education... [and] the academic institution must, at a minimum, hold a part 141 pilot 

school certificate for ground training. This requirement will ensure that the ground 

training for certification is integrated into the institution’s broader academic 

curriculum. (78 FR 42348). [In addition], the FAA has oversight of the training 

conducted through part 141 program approval. Those pilot schools must renew their 

certificates every 24 months and demonstrate the quality of the training through an 

established training standard.” (78 FR 41352)

Purdue is seeking relief for the period of time for which it did not hold a part 141 pilot school 

certificate. The FAA notes Purdue initiated the process to become a part 141 pilot school 

following publication of the NPRM and received its part 141 pilot school certificate on 

September 27, 2013. By becoming certificated as a part 141 pilot school with approved TCOs 

to conduct training for the instrument rating and commercial pilot certificate, Purdue has 

taken the appropriate actions to become compliant with § 61.160. This action to become fully 

compliant with the regulation will enable Purdue to certify graduates of its aviation degree 

program for an ATP certificate with reduced aeronautical experience after the year 2016 

without the need for an exemption provided those graduates complete the part 141instrument 

rating and commercial pilot certificate ground and flight training courses.

After receiving a part 141 pilot school certificate, Purdue applied for and was issued a letter of 

authorization (LOA) granting authority to certify graduates of an authorized aviation degree 

program for a restricted privileges ATP certificate with reduced aeronautical experience. 

Purdue may certify these graduates if they meet all of the criteria contained within the LOA, to 

include having received ground and flight training for the instrument rating and commercial 

pilot certificate under part 141. Purdue’s authorized aviation degree program has been found, 

through the FAA’s approval process, to satisfy the requirements prescribed in AC 61-139:

Institution of Higher Education’s Application for Authority to Certify its Graduates for an 

Airline Transport Pilot Certificate with Reduced Aeronautical Experience. As such, Purdue

provides students within the authorized aviation degree program training courses designed to 

improve and enhance the knowledge and skills of a person seeking a career as a professional 

pilot. Given the recent issuance of the part 141 pilot school certificate to Purdue, the LOA 

will only enable Purdue to certify those students who graduate after 2016 based on the timing 

of when the instrument rating and commercial pilot certificate ground and flight training 

typically occur. As a result, Purdue is seeking relief for those students who completed their 

instrument rating and commercial pilot certificate ground and flight training under part 61 and 

graduated in 2009 through 2013 and those that will graduate in 2014 through 2016.
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In view of the petitioner’s detailed documentation of its safety program, the comparison of the 

previous part 61 training program with the current part 141 training program, and information 

on its training programs to include the specific course requirements for the instrument rating 

and commercial pilot certificate, the FAA has determined the ground training a student

previously received under part 61 is no different than the ground training a Purdue student 

will be taking under its FAA approved part 141 training courses. In addition, as part of the 

recent part 141 pilot school certification, the FAA evaluated Purdue’s key personnel, 

facilities, aircraft, equipment, and training syllabus and found these items to meet the 

standards of part 141. With the minimal changes to its program, the FAA finds that these key 

components to a part 141 program also existed when Purdue conducted training under part 61. 

The FAA also finds that Purdue’s students were continuously evaluated through academic 

testing and flight observations under part 61 as is currently accomplished under Purdue’s part 

141 program. This training and testing, which may have led to an FAA commercial pilot 

certificate and instrument rating, would have been integrated into the broader academic 

curriculum within the aviation degree program offered by Purdue. This integration is 

consistent with the rationale articulated in the preamble of Pilot Certification and 

Qualification Requirements for Air Carrier Operations final rule (78 FR 42324) for the 

requirements under § 61.160.

While FAA continues to believe that direct FAA oversight of part 141 pilot schools is 

essential for ensuring that a university establishes and continues to maintain the necessary 

quality of training, Purdue has demonstrated that it was subject to some form of external 

evaluation through programmatic accreditation by an independent organization. In addition to 

this external review of Purdue’s curriculum, facilities, and faculty, Purdue’s students were 

subject to evaluation by independent FAA designated pilot examiners (DPEs) or FAA 

inspectors. The FAA finds that Purdue’s external evaluation combined with the minimal 

changes made in its transition from part 61 training to its current part 141 training meets an 

equivalent level of safety and the intent of the regulation for those who previously completed 

their ground and flight training under Purdue’s part 61 training program.

The FAA agrees with Purdue that a grant of this petition is in the public interest and would 

enable graduates to enter the airline industry sooner. Purdue has indicated it has 450

graduates who have completed their commercial pilot certificate and instrument rating ground 

and flight training under part 61 training provide by Purdue, and that a grant of exemption 

may allow these graduates to enter airline employment.

The FAA has determined that Purdue may certify a graduate for an ATP certificate with 

reduced aeronautical experience only after that graduate has been found to meet the criteria 

noted in Purdue’s LOA, which the FAA notes in Condition/Limitation #1. 

The FAA has considered Purdue’s request for exemption as a request to revise its LOA. 

Concurrent with issuing this grant of exemption, the FAA has amended the LOA to permit 

Purdue to certify graduates that have completed the requisite ground and flight training under

part 61 training provided by Purdue. Purdue must revise its certifying statement for these 

graduates to indicate they are eligible for an ATP certificate with reduced aeronautical 
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experience as a result of the relief provided by this exemption. This requirement is reflected 

in Condition/Limitation #2.

Purdue must also provide a copy of this exemption to each student for whom the relief is 

necessary and direct that student to provide a copy of the exemption along with the official 

transcript and certifying statement at the time of application for the practical test for the ATP 

certificate with restricted privileges under § 61.160. This is reflected in 

Condition/Limitation #3.

Since Purdue has received certification under part 141 to conduct commercial pilot and 

instrument training, the relief for this exemption is only applicable to students that have 

graduated in 2009, 2010, 2011, 2012, and 2013, and for those that expect to graduate in the 

year 2014, 2015, or 2016. As such, the relief provided in this exemption is limited to only 

those students that have graduated, or expect to graduate, during these years. This limitation 

is reflected in Condition/Limitation #4. 

Any students who graduate after the year 2016 must have accomplished their commercial pilot 

certificate and instrument rating flight and ground training under Purdue’s approved part 141 

pilot school certificate to meet the requirements of § 61.160(b)(3). This limitation is reflected 

in Condition/Limitation #5. The FAA has issued this exemption for a three year period in 

order to provide Purdue adequate time to certify those students that graduate in the year 2016.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption meets an equivalent level of 

safety and is in the public interest. Therefore, pursuant to the authority contained in 49 

U.S.C. §§ 106(f), 40113, 44701, and 44703, delegated to me by the Administrator, Purdue 

University’s Department of Aviation Technology (Purdue) is granted an exemption from 

14 CFR §§ 61.160(b)(3)(i) and (ii) and § 61.169(b) to the extent necessary to allow students 

who expect to graduate in the year 2014, 2015, or 2016 and those who have graduated in 

2009, 2010, 2011, 2012, and 2013, who have completed the integrated commercial and 

instrument courses at Purdue under 14 CFR part 61, to be eligible for the airline transport 

pilot certificate with restricted privileges in accordance with § 61.160(b) or (d), subject to the 

conditions and limitations listed below:

Conditions and Limitations

1) Purdue must adhere to all the conditions and limitations listed within its letter of 

authorization (LOA) granting authorization for Purdue to certify its graduates for an 

airline transport pilot (ATP) certificate with reduced aeronautical experience.

2) In exercising the relief provided in this exemption, Purdue must reference 

Exemption No. 11022 on the certifying statement issued to its graduates for an ATP 

certificate with reduced aeronautical experience. The certifying statement must note that 
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the requirements of § 61.160[(b) or (d)] are met in conjunction with the relief provided in 

this exemption. 

3) Purdue must provide a copy of this exemption to each student for whom the relief is 

necessary and direct that student to provide a copy of the exemption along with the official 

transcript and certifying statement at the time of application for the practical test for the 

ATP certificate under § 61.160.

4) Purdue may utilize this grant of exemption only for students who have graduated between 

January 1, 2009, and December 31, 2016, and completed the integrated commercial and 

instrument courses under part 61at Purdue for an ATP certificate with reduced 

aeronautical experience. 

5) The authority (in the LOA) to certify graduates who received training from Purdue

under part 61 terminates upon expiration of this exemption.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Issued in Washington, D.C., on July 8, 2014.

/s/

Rick Domingo

Acting Deputy Director, Flight Standards Service