AFS

- 14

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- E November 21, 2014

Exemption No. 11107 Regulatory Docket No. FAA

- 2014

- 0415

Dr. Brent D. Bowen Embry

- Riddle Aeronautical University

3700 Willow Creek Rd.
Prescott, AZ 86301

Dear Dr. Bowen :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated June 17, 2014 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Embry

- Riddle Aeronautical University , Prescott Campus ( ERAU

- Prescott ) for an exemption from § § 61

. 160(b)(3(i ) and 61.160(b)(3)(ii) of Tit le 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow ERAU

- Prescott to issue certifying

statements that would allow students to be eligible for the restricted privileges airline transport pilot (ATP) certificate in accordance with § § 61.160(b) and (d). The FAA is also construing

your petition for exemption as a request for relief from the requirements of § 61.169(b). Section 61.169(b) states, in pertinent part, that an institution of higher education may not certify a graduate for an ATP certificate under the requirements of § 61.160 unless it determines that the graduate has satisfied the requirements of § 61.160.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your peti tion. In Grant of Exemption No. 10957 (copy enclosed), the FAA

found that that ERAU, Daytona Beach Campus, students were continuously evaluated through academic testing and flight observations as is accomplished under part 141. 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 ERAU Daytona Beach . This integration is consistent with the ratio nale2

articulated in the Pilot Certification and Qualification Requirements for Air Carrier Operations final rule preamble (78 FR 42324) for the requirements of § 61.160

.

In its petition for exemption, ERAU

- Prescott specified that it provided commercial pilot and instrument rating training under it s part 142 training center certificate between 2004 and 2009. As such, the relief provided in this exemption is limited to only those students who were

enrolled in an ERAU

- Prescott degree program, listed on its letter of authorization (LOA),

between 2004 and 2009. This limitation is reflected in Condition/Limitation #4. Any students

who enrolled in ERAU

- Prescott degree program after December 31, 2009

, must have accomplished their commercial certificate and inst rument rating ground and flight training

under ERAU

- Prescott’s approved part 141 pilot school certificate to meet the requirements of § 61.160(b)(3).

In addition, the FAA will consider ERAU

- Prescott’s request for exemption as a request to

revise its lette r of authorization (LOA) that provides authority to certify graduates for an ATP certificate with reduced aeronautical experience. Concurrent with issuing this grant of exemption, the FAA has amended the LOA to permit ERAU

- Prescott to certify graduates tha t have completed the requisite ground and flight training under its part 142 training center

certificate.

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the e nclosed Grant of Exemption No

. 10957 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10957 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority c ontained in 49 U.S.C. 106(f), 40113 , 44701, and 4470 3

, which the FAA Administrator has delegated to me, I hereby grant Embry

- Rid dle Aeronautical University

, Prescott Campus (ERAU

- Prescott) an exemption from 14 CFR § 61.160(b)(3)(i)

, § 61.160(b)(3)(i i ) , a nd § 61.169(b) to the extent necessary to allow students who matriculated into the university's Aeronautical Science degree program before the start of the 201 0 academic year, and who subsequently completed their instrument rating and/or commercial pilot t raining under part 142 at ERAU

- Prescott , to be eligible for the restricted privileges ATP certificate in accordance with § § 61.160(b) or (d), subject to the conditions and limitations

listed below :3

Conditions and Limitations

1. ERAU

- Prescott must adher e to all the conditions and limitations listed within its letter of authorization (LOA) granting authorization for ERAU

- Prescott to certify its graduates for an ATP certificate with reduced aeronautical experience.

2. In exercising the relief provided in th is exemption, ERAU

- Prescott must include the following certifying statement on the graduate’s transcript: “Embry

- Riddle Aeronautical University certifies that, in conjunction with the relief provided in Exemption No. 10957, the requirements of § 61.160[(b) or (d)] for an Airline Transport Pilot Certificate with Reduced Aeronautical Experience have been met.”

3. ERAU

- Prescott 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 a pplication for the practical test for the ATP certificate under § 61.160.

4. ERAU

- Prescott can only exercise this exemption for its students who initially enrolled

in the following Bachelor of Science degree program between 2003 and 2011

, and subsequently completed the commercial certificate and instrument rating ground and flight training under ERAU

- Prescott ’s part 142 training center certificate :

a. Aeronautical Science

b. Aer onautics

5. The authority (in the LOA) to certify students who received training under ERAU

Prescott ’s part 142 training center certificate terminates upon expiration of this exemption.

Th is exemption terminates on November 30, 2016, unless sooner supersede d or rescinded.

Sincerely,

//s//

John S. Duncan Director, Flight Standards Service

Enclosure[s]