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 1 4 , 2013, M r

. Gregory

Walden

, Patton Boggs LLP

, 1250 7 th 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

co mmercial 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) certi ficate 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).

T he petitioner s request relief from the following regulation s :

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, 00 0

hours of to tal 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 educati on

.2

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 requ irements of § 61.160.

The petitioner support s 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 de gree 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 s tates the out

- of

- classroom assignments include student participation in labs, stage exams, and re viewing the online ground school training program that is facilitated by Jeppesen

- Boeing

. Th is ground school training program is a pproved 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 claim s the ground training provision of § 61.1 60(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 woul d 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 the ir graduates re ceive 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 a n 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 1 41.26 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 De nver additionally proposes to list3

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 ins titutions 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 reques t for exemption is within the public interest as it will add approximately 5 50 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

. Further more, if MSU Denver is unable to offer its graduates the opportunity to apply for a n 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 programm ing 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 comment s 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 Divisio n 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 aviatio n 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 i s 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 preferred

university status through its commitment to Color ado 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

.4

The FAA’ s analysis is as follows:

The FAA has fully considered the petitioners ’ supporting information and the comment s 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 consider ed 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 trainin g 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 pilo t5

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

conducte d 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 Denve r provided of the proposed arrangement with CNCC for the ground and flight training of students enrolled in the Aviation Technology Bachelor degree program. The d escription highlight ed some of the aspects articulated by the FAA in the rationale for the integration of flight and ground training

with the broader academic curriculum , h owever, t he 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 certific ate 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 outlin e s for the c ommercial p ilot

c ertificate and the i nstrument r ating. 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 over see 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

stand ards 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

ra ting 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 gr aduates.

The FAA ha s 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 a n air agency certificate issue d in

accordance with part 141 nor attempting to regain such certifica tion. 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 inter est

.6

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 i n 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, the petition of M etropolitan S tate

U niversity of Denver for an exempt ion 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