## DeskofAlex C. Anderegg

Date: March 18,.2014 From: Alex C. Anderegg 2261 N. HilltopDr. Muskegon MI, 49441 Mobile: (231) 215-0293 E-Mail: alex.c.anderegg@wmich.edu To: DocketManagementFacility US Department ofTransportation 1200 New Jersey Avenue, SEWest Building Ground FloorRoomW12-140 Washington; DC 20590 RE: ExemptionFromTitle 14 ofthe Code ofFederal Regulation 

## ISection 61.160 [14 CFR 61.1601 DearReviewing Officer: 

### Executive Summary An exemption to Title 14: Code ofFederal Regulation, Part 61.160 (14 CFR 61.160) is sought with appropriate justification. An apparentgap in codifying restrictive privileges hasbeen identified with an appropriate corrective action resulting in a de minimus effect with regard to aviation safety. Although the corrective action has been specified as a clarifying change to 14 CFR 61.160; the**immedia~e** reliefsought is a simple exception relieving aspiring professional pilots ofundue hardship consequently setin motion by an apparent oversight in addressing realistic extenuating circumstances. · Thefollowingjustification supports relief [exemption] specific to 14 CFR 61.160(b)(3)(i) and (ii): §61.160 Aeronautical experience-airplane category restricted privileges.

(b) 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: (1) Holds a Bachelor's degree with an aviation majorfrom an institution of higher education, as defined in §61.1, that has been issued a letter of authorization by the Administrator under §61.169; (2) Completes 60 semester credit hours of aviation and aviation-related coursework that has been recognized by the Administrator as coursework designed to improve and enhance the knowledge and skills of a person seeking a career as a professional pilot; (3) Holds a commercial pilot certificate with an airplane categoryand 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 · (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; and (4) Presents official transcripts or other documentation acceptable to the Administrator from the institution of higher education certifying that the graduate has satisfied the requirements in paragraphs (b)(1) through (3) of this section. (g) An airline transport pilot certificate obtained under this section is subject to the pilot in command limitations set forth in §61.167(b) and must contain the following limitation, "Restricted in accordance with 14 CFR 61.167." The pilot is entitled to an airline transport pilot certificate without the limitation specified in this**pa~agraph** when the applicant presents satisfactory evidence of having met the aeronautical experience requirements of §61.159 and the age requirement of §61.153(a)(1).The specific reliefI seek is to qe declared eligible to apply for the restricted Airline TransportPilot (ATP) · certificate in accordance with 14 CFR 61.160(b) upon my graduation from Western Michigan University's (WMU) College ofAviation on April26, 2014 with a BachelorofScience-AviationFlight Science. WMU's College of Aviation is an FAA approved Part 141 institution ofhighereducation and holds a current letterofauthorization (LOA) by the Administrator under §61.169 [FAA school numberJX8S258Q]. (See WMU College ofAviation transcript attached).
. Background I completed iny full instrument ground and flight training at BakerCollege'sProfessional PilotProgram located in Muskegon, Michigan (see attached certificate and letterfrom BakerCollege's ChiefFlight Instructor DouglasE. Purdue). Baker College is accredited by The HigherLearning Commission ofthe North Central Association of Colleges and Schools. Although BakerCollege's flight program is an FAA approvedPart 141 institution (FAA school numberECJS463D), their administration has not yet pursued an LOAby the Administrator under §61.169 to issue the restricted ATP certificate. I fully meet all requirements as stated in 14 CFR 61.160(b) with my pending graduation from WMU's College of Aviation, with the sole exception ofcompleting instrument ground and flight coursework. The confounding issue surrounds**"~here"** I completed instrument ground and flight course work, which was Baker College'sProfessional PilotProgram. I have been informed by WMUthat because BakerCollege does not hold an LOA, WMU is unable to consider the coursework and training taken at BakerCollege, and therefore cannot issue a statement certifying · my compliance with 14 CFR 61.160(b). Without this certifying statement, itnegates my ability to apply for a restricted ATP certificate at the reduced aeronautical experience minimum of 1,000 total flight hours.

. . The aeronautical experience I currently holdfully meets the spirit and intent ofthe restrictive privileges outlined in 14 CFR 61.160 ensuring an appropriate level oftraining to "improve and enhance the knowledge [base] and skills ofa person seeking a career as a professional pilot" [14 CFR 61.160 (b)(2)]. (See attached transcript for substantiation ofa minimum of60-semester credit hours ofaviation related coursework). In addition, I have further enhanced my knowledge and skills by attaining certified flight instructor (CFI), certified flight instructorinstrument (CFII) and multi-engine instructor (MEl) status. Furthermore, I amemployed atWMU and have subsequently instructed visual flight rules (VFR) student pilots and instrument flight rules (IFR) student pilots-in essence, I am teachingthe aviation knowledge and skills specified in 14 CFR 61.160(b)(i) and (ii) at WMU's College ofAviaiion. A reasonable person would conclude I have not only met but exceeded the spirit and intent of 14 CFR 61.160(b)(i) and (ii). Itis my contention the constraint "where the instrument ground and flight coursework" was completed is overridden by the fact that I currently am certified to teach (and currently teach) instrument flight coursework at an approved Part 141 institution ofhigher education which also holds a currentLOAby the Administrator under §61.169 [FAA school numberJX8S258Q] to issue a restricted ATPcertificate. The proposed stipulation below to 14 CFR 61.160(b)(3) would relieve the undue hardship placed onthose professional pilots who clearly meet the spirit and intent of 14 CFR 61.160(b). (iii) Or, the required flight training was completed as part of an approved part 141 curriculum at the institution of higher education absent approval to issue a letter of authorization by the Administrator under §61.169; however achieves and maintains a certified flight instructor (CFI) and certified flight instructor-instrument (CFII) ratings at an institution of higher education so authorized to also issue a letter of authorization as outlined by the Administrator under §61.169; and receives a written recommendation from the Chief Flight Instructor. The approval ofthis exception does not deviate from the spirit and intent of 14 CFR 61.160(b). As well, it rectifies a gap in the federal regulation

- and the additional requirement ofreceiving a written recommendation from the Part 141 institution's ChiefFlight Instructor standardizes and substantiates the 

### de minimus impact on aviation safety.

2

### JustificationForException Ifgranted anexception to 14 CFR 61.160, safety would notbe adversely affecteddue to the following reasons: 1. I completed my full instrument ground and flight training atBakerCollege's Professional PilotProgram; an FAA approved Part 141 program (FAA school numberECJS463D). (See attached certificate and letter from BakerCollege's ChiefFlightInstructorDouglasE. Purdue). 2. Since August of2012, I have been qualified and responsible for safely teaching students enrolled in WMU's College ofAviation (FAA school numberJX8S258Q), an institution thatholds a LOAto issue the restricted ATPcertificate that I seek. The instrumentflight course that I teach is the exactFAAauthorized aviation courseworkthat I would have completed at WMU. In fact, one ofthe students atWMU, under my instruction from start to finish, successfully completedhis instrument flight course through WMU. 3. I have undergone extensive training while earning my FlightInstructor Airplane Single and Multi-Engine; and Instrument InstructorAirplane ratings which contribute to alevel ofsafety no less than equal to that of my graduating peers atWMU who are eligible for the restricted ATPcertificate by meeting the requirements of 14 CFR 61.160(b)
.. 4. I have received full support and a written recommendation affirmingjustification in this exception from WMU's College ofAviation (FAA school numberJX8S258Q) ChiefFlight Instructor (See attached recommendation letterfrom Mr. Thomas C. Grossman). As evidenced above, I have demonstrated that I fully meet the equivalent level ofsafety a11d proficiency a graduate ofan FAA approved part 141 program is required to attain in accordance with 14 CFR 61.160(b). I have presented evidence ofa gap in the spirit and intent of 14 CFR 61.160(b)(3). As well, I have presented appropriate justification in granting this exemption with a de minimus effecton safety. Specific to my point, approval ofthis exception corrects an undue hardship to aspiring professional pilots. 

### Additional Information 

## IViews orArguments The undue hardship entails the interpretation that I am currently declared ineligible to apply for a restricted Airline TransportPilotcertificate absent "retaking as a student" an aviation related course that I am certifiedto teach. I believe the aeronautical knowledge and practical experiencerequired to be a successful instructorofthis FAA approved part 141 instrument flight course, at an institution that holds a LOA, should qualify me for the restricted ATPcertificate along with my peers. I believe that my training at BakerCollege, the earning ofmultiple flight instructor certificates, and my experience as aflight instructor at WMU demonstrate a level ofknowledge and safety atleast equivalent to that ofother students completing their instrument ground and flight training at WMU
.. Forcing me to retake these ground and flight courses to qualify for the restricted ATP certificate wouldnotresult in an increased level ofsafety and would result in undue expense and an unnecessary waste oftime. Thankyou for yourtime and consideration. I shall lookforward to yourresponse. Sincerely, 

# A-£4---e

Alex C. Anderegg CertifiedFlight Instructor Western Michigan University

3The Graduate has completedthe cross-country Trait:ting specified inFARPart 141.
. 

# 1 InstrumentRating Course- Appendix C, Paragraph4(cXIXii) ·Commercial PilotCertification CourseAppendixD, Paragraphs 4 &5

_ Multi EngineRating CourseAppendix I,Paragraph4 

# !

ChiefInstructor AirAgency CertificateNumberECJS463D

# ~bL~~March 6, 2014 To whom it may concern:

# ~er College

"-..._/;ince 1911 Baker College 1903 Marquette Avenue Muskegon, Michigan 49442-1490 Telephone (231) 777-8800 Fax (231) 777-5265

The records of Baker College indicate that Alex C. Anderegg, Pilot Cert# 3421703, satisfactorily completed the following coursework at Baker College of Muskegon: Program: Associate ofApplied Science, Professional Pilot/Aviation Technology, Version 2008A UIN 104-55158:

• Private Pilot Ground School, AVT 111,4quarter hours • Instrument Ground School, AVT112, 4 quarter hours • Commercial Ground School, AVT113, 2 quarter hours
The above ground training courses were completed underthe FAR141 Approved school certificate held by Executive AirTransport, Inc., Muskegon Ml, Certificate #ECJS463D; Executive Air is the exclusive ground and flighttraining partner of Baker College of Muskegon.
In addition, Alex satisfactorily completed and holds graduation certificates forthe following courses in accordance with Executive AirTransport's Approved Flight School #ECJS463D:

• Private Pilot Flight Training: FAR141 Graduation July 7, 2009 • Instrument Rating FlightTraining: FAR141 Graduation July 7, 2010 Please feel free to contact me ifyou have any questions.

Douglas E. Purdue Program Director, Aviation, Baker College of Muskegon, (231) 777-5282 Chief Flight Instructor, Executive AirTransport, Muskegon, Ml, (231) 798-2126 Email: dpurdu01@baker.edu

Baker College I Allen Park•Auburn Hills • Cadillac• Cass City• Clinton Township • Flint• Fremont•Jackson • Muskegon • Owosso • PortHuron Accreditedby The HigherLearning Commission anda memberofthe North Central Association 30 North LaSalle Street, Suite 2400, Chicago, IL 60602-2504/800-621-7440 I www.ncahigherlearningcommission.org

# WESTERN 

# MICHIGAN UNIVERSITY

.. 

# •••
•• ,, ,,

. .

# . College of Aviation

March 10, 2014

To whom it may concern, Mr. Alex Conner Anderegg, pilot certificate 3421703, is petitioningthe FAA for exemption from 14 CFR 61.160. As the Chief Flight Instructorfor Western Michigan University (WMU) and the responsible person for WMU's Letter of Authority (LOA) authorizing WMU to certify its graduates for an Airline Transport Pilot Certificate with reduced Aeronautical Experience, I can offeryou the following factual information.

• Mr. Alex Conner Anderegg is currently a student and flight instructor at Western Michigan University; • Upon successful completion ofthe coursework Mr.Anderegg is registered for this semester he will meet all the degree requirements and will be issued a Bachelor ofScience degree in Aviation Flight Science, one ofWMU's approved degree programs underthe LOA; • Upon successful completion ofthe coursework Mr. Anderegg is registered forthis semester he will have completed 60 credit hours of FAA approved aviation related coursework at WMU; • Mr. Anderegg has completed his commercial pilot ground and flight training atWMU's FAA approved Part 141 training program (Approved School JX8S258Q); • Upon successful completion of his current registered coursework, Mr. Anderegg will have met all ofthe requirements to make him eligible for WMU to issue a statement certifying he meets all ofthe requirements of 14 CFR 61.160(b) except forthe fact that he completed his instrumenttraining elsewhere; • Mr. Anderegg completed his instrument pilot training at Baker College in Muskegon, Ml and their flight training partner, Executive AirTransport, Inc., under their Part 141 approved curriculum (Approved School ECJS463D); and • Mr. Anderegg's employment responsibilities as aflight instructor at WMU include the responsibility to teach the instrumentflight course, AVS 2520. From a personal perspective, I feel that Mr. Anderegg has obtained credentials and has demonstrated a level of safety that outweighs his lack ofcompleting the instrument training at WMU. This includes the following.

• Mr. Anderegg has acquired his flight instructor certificate with airplane single engine, airplane multi engine and instrument airplane ratings; • Mr. Anderegg has completed his instrumenttrainingthrough an accredited university in adherence to an FAA approved curriculum; and • Mr. Anderegg has demonstrated through a combination ofWMU course AVS 4970 and flight instructor employee standardization that he meets the aeronautical knowledge and skill that he would have acquired atWMU ifhe had completed his instrument training at WMU. Based on the above, I fully support Mr. Anderegg's petition for relieffrom 14 CFR 61.160. Please feel free to contact me at (269) 964-4029 or thomas.grossman@wmich.edu ifyou have any questions concerning this letter of support. Sincerely,

# ~~~,__ Thomas

## c. Grossman Chief Flight Instructor Western Michigan University 237 Helmer Rd N, Battle Creek, Ml49037 PHONE: (269) 964-6375 FAX: (269) 964-6473