AFS-13-503-E

Exemption No. 11025

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of

 

METROPOLITAN STATE

UNIVERSITY OF DENVER Regulatory Docket No. FAA-2013-0743

 

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

and § 61.169(b) 

of Title 14, Code of Federal Regulations 

DENIAL OF EXEMPTION

By correspondence entered into the Federal Docket on August 14, 2013, Mr. Gregory 

Walden, Patton Boggs LLP, 1250 7th Street, Box 30, P.O. 17362, Denver, CO 80217-3362

petitioned the Federal Aviation Administration (FAA) on behalf of Metropolitan State 

University of Denver (MSU Denver) for an exemption from § 61.160(b)(3)(i) of Title 14, 

Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow 

MSU Denver Aviation Technology students who completed their instrument rating and 

commercial pilot certificate ground and flight training in accordance with part 141 through a 

formal training agreement with the Colorado Northwestern Community College (CNCC) 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) 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.
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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 its request with the following information:

MSU Denver is a university accredited by the Higher Learning Commission of the North 

Central Association of Colleges and Schools that offers a Bachelor of Science degree in 

Aviation Technology. MSU Denver is a member of the University Aviation Association and 

past recipient of the National Intercollegiate Flying Association Loening Trophy award for 

outstanding aviation collegiate program of the year. The petitioner states the university has 

provided part 61 ground instruction for the FAA commercial pilot certificate and instrument 

rating for academic credit towards the aviation degree major since 1968. The academic credit 

represents approximately 117 hours of direct classroom instruction and 160 hours of expected 

time spent working on out-of classroom assignments per semester for each student. MSU 

Denver states the out-of-classroom assignments include student participation in labs, stage 

exams, and reviewing the online ground school training program that is facilitated by 

Jeppesen-Boeing. This ground school training program is approved for use by a part 141 

ground school; MSU Denver administers this training material under part 61. MSU Denver’s 

labs are supported by flight training devices, air traffic control training, Canadair Regional Jet 

and Beechcraft 1900 indoctrination, and weather analysis.

To further support the petitioner’s request, MSU Denver claims the ground training provision 

of § 61.160(b)(3)(i), was not proposed in the Pilot Certification and Qualification 

Requirements for Air Carrier Operations notice of proposed rulemaking (NPRM) 

(77 FR 12374, February 29, 2012). MSU Denver stated the requirement provides no public 

benefit that would not also be provided by a four-year education at its institution of higher 

education. Furthermore, the petitioner claims there is no principled basis to impose a more 

restrictive protocol for ground school training than for flight training, at least insofar as the 

ground school training will be provided in cross-listed courses offered by an institution of 

higher education.

MSU Denver believes that safety will not be adversely affected or an equivalent level of 

safety will exist if their graduates receive a graduation certificate for the required part 141 

pilot school ground training from CNCC. CNCC is an institution of higher education 

accredited by the Higher Learning Commission of the North Central Association of Colleges 

and Schools that offers an Associate’s degree of Applied Science in Aviation. CNCC holds a 

part 141 pilot school certificate with an approved training course outline (TCO), in pertinent 

part, for ground and flight training on the commercial pilot certificate and instrument rating.

In order to achieve an equivalent level of safety, MSU Denver proposes to have a formal 

training agreement in place with CNCC in accordance with § 141.26 to provide flight training 

for their students in addition to the required ground training. Section 141.26 allows an 

institution of higher education to enter into a formal training agreement with a part 141 pilot 

school that has an approved training course outline (TCO) for flight training on the 

commercial pilot certificate and instrument rating. MSU Denver additionally proposes to list 
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its certified ground and flight instructors on CNCC’s part 141 pilot school certificate to 

facilitate the training at both institutions of higher education. However, MSU Denver will 

continue to require its instrument and commercial ground school classes, which are conducted 

outside of part 141, as part of the degree program regardless of the ground or flight training 

that their students may select for pilot certification. MSU Denver states the partnership 

between the institutions of higher education will encourage CNCC graduates to continue their 

aviation education thereby increasing a graduate’s exposure related to professional 

airmanship, aeronautical science, and airline flight operations.

Additionally, a letter signed by the Aviation Technology Program Director at CNCC was 

submitted with the petitioner’s request to substantiate equal interest in the training 

arrangement that MSU Denver outlined in its petition.

MSU Denver states its request for exemption is within the public interest as it will add 

approximately 550 degree-seeking students to the aviation industry; thereby providing 

economic benefit and support of the populace of the Front Range and Western Slope areas of 

Colorado. Furthermore, if MSU Denver is unable to offer its graduates the opportunity to 

apply for an ATP certificate with restricted privileges at 1,000 hours of total time as a pilot, 

the institution will no longer be able to support industry needs and education programming to 

highly diverse populations.

A summary of the petition published in the Federal Register on September 13, 2013 

(78 FR 56768). The FAA received five comments from the Mayor of Denver, the Denver 

International Airport manager, the Colorado Division of Aeronautics, the Governor of 

Colorado, and an individual. All commenters were supportive of granting the exemption.

The Governor of Colorado and the Colorado Division of Aeronautics stated they support the 

grant of exemption to MSU Denver and similar efforts that seek to improve and enhance 

aviation education programs available within the State of Colorado. Both commenters added 

there is a tangible benefit to aviation safety through the expanded availability of the enhanced 

training through both institutions of higher education.

The Mayor of Denver, the Denver International Airport manager, and the Governor of 

Colorado reinforced their support by citing MSU Denver is the only Bachelor of Science 

degree in Aviation Technology in the State of Colorado and Front Range Area of the West.

Additionally, MSU Denver stated the institution of higher education achieved preferreduniversity status through its commitment to Colorado students and its longstanding 

community partnerships. The Mayor of Denver added that MSU Denver serves more 

undergraduate Coloradans than any other school in the state which includes a diverse and 

minority-based population. Furthermore, the Mayor of Denver added that MSU Denver 

surrendered its part 141 pilot school certificate earlier in the year (2013) after the FAA 

advised the institution of higher education that such a certificate was not necessary to conduct 

ground school training that would allow students to take the FAA knowledge test required 

before taking the practical test for a pilot certificate or rating.
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The FAA’s analysis is as follows:

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

the petition and determined the relief requested is not in the public interest and would 

adversely affect safety.

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 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 

had to further define 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 

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 
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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)

The FAA reviewed the detailed description MSU Denver provided of the proposed 

arrangement with CNCC for the ground and flight training of students enrolled in the 

Aviation Technology Bachelor degree program. The description highlighted some of the 

aspects articulated by the FAA in the rationale for the integration of flight and ground training 

with the broader academic curriculum, however, the proposed arrangement does not meet the 

intent of having the ground training integrated with the broader academic curriculum. MSU 

Denver does not have any control over the curriculum provided by CNCC and the FAA would 

have no oversight responsibilities with MSU Denver because it does not hold a part 141 pilot 

school certificate. 

The FAA notes that MSU Denver voluntarily surrendered its air agency certificate on 

April 19, 2013, and stated in its petition that it will continue to conduct training via part 61 

vice part 141. Prior to the voluntary surrender of its part 141 pilot school certificate, MSU 

Denver held approved ground school training course outlines for the commercial pilot 

certificate and the instrument rating. Without a part 141 certificate, the FAA will not be able 

to determine if MSU Denver’s key personnel, facilities, aircraft, equipment, and training 

syllabus maintain a training standard that is equivalent to part 141. As stated above, the FAA 

has determined that meeting the part 141 standards are a necessary component to ensuring 

proper integration of the ground training with the broader academic curriculum and it enables 

the FAA to oversee the program and ensure continued compliance with the letter of 

authorization issued on an established 24-month schedule that coincides with the part 141 

pilot school renewal. The FAA has concluded this oversight is critical for assuring that the 

standards set forth by Congress for a reduction in flight time continue to be met. 

The FAA also notes that because MSU Denver previously held a part 141 pilot school 

certificate, graduates who completed their ground and flight training for their instrument 

rating and commercial pilot certificate under that training program could be eligible for a 

restricted privileges ATP certificate with reduced aeronautical experience without an 

exemption. MSU Denver has not yet applied for the authority to certify those graduates.

The FAA has determined that MSU Denver’s aviation degree program does not meet the

minimum level of integration of its pilot ground training with its broader academic curriculum

of an aviation degree program by virtue of neither holding an air agency certificate issued in 

accordance with part 141 nor attempting to regain such certification. Therefore, the FAA 

finds that an approval of MSU Denver’s petition for a grant of exemption from 

§§ 61.160(b)(3)(i) and 61.169(b) is not in the public interest.
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The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 

and 44701, delegated to me by the Administrator, the petition of Metropolitan State 

University of Denver for an exemption from 14 CFR § 61.160(b)(3)(i) and § 61.169(b) is 

hereby denied.

Issued in Washington, D.C., on July 11, 2014.

/s/

John S. Duncan

Director, Flight Standards Service