Petition for Exemption

Western Michigan University

September 19, 2014

Contact Information:

Thomas C. Grossman

Chief Flight Instructor

Western Michigan University College of Aviation

237 N Helmer Rd.

Battle Creek, MI 49037

Office Phone: (269) 964-4029

Office Fax: (269) 964-4676

Email: thomas.grossman@wmich.edu

The specific section or sections of Title 14 of the Code of Federal Regulations (CFR) from which you 

seek an exemption:

On behalf of Western Michigan University I am respectfully requesting an exemption from 14 CFR 141

Appendix B 4, 14 CFR 141 Appendix C 4 and 14 CFR 141 Appendix D 4.

The extent of relief you seek and the reason you seek the relief:

On behalf of Western Michigan University (WMU) I am requesting a temporary exemption from the 

minimum flight training time requirements as listed in 14 CFR 141 Appendix B 4, 14 CFR 141 Appendix C 

4 and 14 CFR 141 Appendix D 4 up to the extent that will allow WMU students to use WMU’s Frasca 

training devices as approved in WMU’s current FAA issued Letter of Authorization. This exemption is 

requested until WMU’s Frasca training devices are upgraded and approved as Level 5 FTDs but not to 

exceed December 31, 2015.

Western Michigan University owns and operates two Frasca model 241/Cirrus SR20 training devices that 

are currently approved as Conferred Level 1 Status. In accordance with the FAA’s FTD policy change 

published in the Federal Register January 2, 2014, these devices will no longer be approved as Conferred 

Level 1 Status effective January 1, 2015. WMU is working with Frasca International to have these 

devices approved as Aviation Training Devices and Frasca fully expects that a new Letter of 

Authorization (LOA) authorizing the devices to be operated as Advanced-Aviation Training Devices will 

be received from the FAA before the end of 2014. In addition to the above, WMU has contracted with 

Frasca International for the purchase of a third Frasca model 241/Cirrus SR20 training device that is to 

be built and certified to Level 5 FTD standards. It is anticipated that the delivery of this device will occur 

by April 2015. Once this new device is delivered, the purchase contact also calls for the upgrade and

certification of WMU’s two existing training devices to Level 5 FTD standards. Unfortunately, Frasca has 

indicated the upgrade to the two existing devices cannot occur until after the manufacture and 
certification of the new device which has a lead time of nine months. As such, the upgrade and 

certification is not anticipated to be complete until mid-2015. In summary, WMU currently operates 

two FTD approved at Conferred Status Level 1, which will drop to Advanced-ATD status on January 1, 

2015 and then be upgraded to Level 5 FTD by mid-2015.

WMU currently holds an FAA issued LOA for the two Frasca devices that allows WMU to use these 

devices, in part, in accordance with “section 141.41 (b) – As allowed within the FAA-approved part 141 

training course”, “section 141.55 (d) & (e) – As allowed within the FAA-approved part 141 reduced hours 

training course” and “section 141.57 – As allowed within the FAA-approved part 141 special training 

curricula”. A scan of this LOA is attached to this petition. This petition seeks authorization for WMU to 

continue to use their Frasca training devices up to the extent permitted in the most recent FAA issued 

LOA and the currently approved Part 141 approved Training Course Outline during the period that the 

devices are classified as Aviation Training Devices.

WMU realizes that an alternative solution to this petition is that WMU modify their currently approved 

part 141 Training Course Outline and request that the affected courses be approved under 14 CFR 

141.55 (d) & (e), thus allowing the affected curriculums to be approved without meeting minimum 

training time requirements. WMU does not believe this to be the best solution as a re-write of the 

curriculum would require a substantial investment of work along with the challenges of transitioning 

over 250 students from one curriculum to another. Additionally, WMU uses a web-based computer 

program to maintain training records along with TCO compliance and transitioning them from one 

curriculum to the new would compromise the integrity of the checks and balances of TCO compliance. 

Seeing as the training device status is anticipated to be a temporary problem, WMU believes a 

temporary exemption is the best solution.

How your request would benefit the public as a whole?

Currently WMU’s part 141 training curriculum allows for 3.0 hours of FTD time in the private pilot 

course, 14.0 hours of FTD time in the instrument course and 9.5 hours of training device time in the 

commercial course (2.7 hours FTD and 6.8 hours A-ATD). Performing training in a quality training device 

allows for a reduction in training cost, more efficient scheduling of training resources and improved 

training outcomes by allowing high risk scenario based training activities to be accomplished in the 

safety of a training device. Allowing WMU to continue to train to the standards currently set forth in 

their FAA part 141 approved training course outline will save the students training costs, allow them to 

train in a more condensed time schedule and allow them to be trained to a higher level of skill, 

knowledge and safety. Preparing quality pilots to a higher standard and more efficiently, in both time 

and money, will benefit the entire aviation industry and general public as a whole.

Reasons why the exemption would not adversely affect safety, or how the exemption would provide a 

level of safety at least equal to the existing rule:

This exemption, if granted, would allow WMU to continue to train students in the same devices and to 

the same standard that is currently allowed. Granting this exemption will not adversely affect safety 

and would not degrade the quality of training that students receive. On the contrary, reducing the 

number of hours that can be taught in a quality training device and forcing certain training elements to 

the aircraft, or omitting them from the training curriculum altogether, could compromise the level of 
skill, knowledge and safety to which students are trained. Many of the scenario based training activities 

and subsequent abnormal and emergency training activities cannot be safely accomplished in the 

aircraft. Allowing the continued use of the Frasca training devices as currently allowed will permit WMU 

to continue to train their students to the level of quality that exists today.

A summary to be published in the Federal Register: 

Western Michigan University (WMU) is requesting a temporary exemption from 14 CFR 141 Appendix B 

4, 14 CFR 141 Appendix C 4 and Appendix D 4. When granted, this exemption will allow WMU to 

continue to utilize their Frasca model 241/Cirrus SR20 training devices in their private, instrument and 

commercial courses as currently authorized by their FAA approved part 141 Training Course Outline and 

FAA issued Letter of Authorization. This temporary exemption would not extend beyond December 31, 

2015.

Additional information, views, or arguments to support this request:

Concerned about the change in FAA policy and the impact it would have on student training, on 

February 21, 2014, sent an email to their Principal Operations Inspector (POI), Marc Webber, asking 

about the future use of WMU’s devices. In an email response on March 7, 2014, Marcel Bernard, AFS810, stated that the devices “will have [the] same authorizations for logging time for private, 

instrument, and commercial as provided by the current letters of authorization. (LOA)”. A copy of this 

email is attached to this petition.

After conversing with Jeremy Brown of Frasca International in early August, an email was sent on August 

18, 2014 to Marc Webber asking for clarification of whether final LOAs would grant levels of use as 

stated in Marcel’s March 7 email or if the level of use would be limited to those stated in current 

regulation. Marc Webber responded indicating that effective January 1, 2015, WMU’s devices, 

assuming they had a new LOA approving them as an A-ATD or B-ATD, would be limited by the hours as 

published in current regulations.

In light of Mr. Bernard’s assurance that WMU’s current devices would be able to be used to the extent 

as permitted in the current LOAs along with the understanding that WMU’s existing devices will be 

upgraded and approved at Level 5 FTD, WMU respectfully requests this exemption, thus allowing WMU 

to continue to use its devices in accordance with the current LOA until such time that the existing 

devices are approved at Level 5 FTD status, but not to exceed December 31, 2015.