Exem ption No. 10259

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

SKYWARRIOR, INC. Regulatory Docket No. FAA-2010-1226

for an exemption from § 141.5(e), 141.27(b), 141.45, 141.55(c)(1), and 141.81 of Title 14, Code of Federal Regulations

DENIAL OF EXEMPTION

By letter dated Novem ber 24, 2010, Mr. Lou Toth, Chief Pilot, Skywarrior, Inc. (Skywarrior), 12301 Airport Road, Bay Minette, Alabama 36507, petitioned the Federal Aviation Administration (FAA) on behalf of S kywarrior for an exemption from §§ 141.5(e), 141.27(b), 141.45, 141.55(c), and 141.81 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Skywarrior to renew its part 141 provisional pilot school certificate and ratings without havi ng graduated at least 10 different people from the school’s approved training courses within the preceding 24 months as prescribed in § 141.5. The exemption would also allow Skywarrior to amend its previously approved training course outline (TCO) to permit the use of online, computer-based ground school training programs in lieu of classroom-based ground instruction. Additionally, the exemption would permit instructors who are not FAA certified or part 141 pilot school supervised to assist those students using online, computer-based training programs.

The petitioner requests relief from the following regulations:

Section 141.5(e) prescribes, in pertinent part, that the FAA may issue a pilot school certificate with the appropriate ratings if, within the 24 calendar months before the date application is made, the applicant has graduated at least 10 different people from the school’s approved training courses.

AFS-11-070-E Section 141.27(b) prescribes, in pertinent part, that a provisional pilot school m ay not have its provisional pilot school certificate or the ratings on that certificate renewed, except as provided in § 141.27(b)(3). Paragraph (b)(3) of this section requires a2

180-day grace period after the provisional pilot school certificate has expired before a school can apply for a new provisional pilot school certificate.

Section 141.45 prescribes that an applicant for a pilot school or provisional pilot school certificate must show that: (a) each room, training booth, or other space used for instructional purposes is heated, lighted, and ventilated to conform to local building, sanitation, and health codes; and (b) the training facility is so located that students in that facility are not distracted by the traini ng conducted in other rooms, or by flight and maintenance operations on the airport.

Section 141.55(c)(1) prescribes, in pertinent part, that each training course for which approval is requested must contain a descri ption of each room used for ground training, including the room’s size and the maximum number of students that may be trained in

the room at one time.

Section 141.81 prescribes, in pertinent part, that each instructor who is assigned to a ground training course must hold a flight or ground instructor certificate, or a commercial pilot certificate with a lighter-than-air rating, with the appropriate rating for that course of training.

The petitioner supports its request with the following information:

The petitioner states that Skywarrior was formed to engage in introductory flight screening (IFS) contracts for the United States military. According to the petitioner, the school began operations in October 2007 and earned FAA provisional pilot school certification on July 2, 2009. The petitioner states that certification as a part 141 pilot school is required as a condition of its military contracts. Additionally, while part 141 certification is mandatory under the terms of the military contracts, the IFS program does not include a requirement for students to complete training leading to an FAA certificate.

The petitioner states that in March 2010 the military began using the Jeppesen Private Pilot Online Course as a standardized basis for ground instruction of its IFS students, rendering previously approved TCOs obsolete. The petitioner notes that while rulemaking action in progress (Docket No. FAA-2008-0938, Notice of Proposed Rulemaking (NPRM) proposal numbers 8 and 9) will provide some relief from the requirements of §§ 141.45 and 141.55(c)(1), at this time these proposals have not been implemented in the regulations.

The petitioner also states that it would like to use highly qualified military instructors, but not necessarily FAA certificated or part 141 school supervised ground instructors, to assist military students utilizing the Jepessen Private Pilot Online Course.

Additionally, the petitioner states that it has established a pass rate of 100 percent for all part 141 students on the first attempt for all knowledge and practical tests leading to an FAA certificate. However, although it completes 30 to over 50 IFS screenings per month, only a3

very small number of non-pilot naval flight officers voluntarily continue their training at Skywarrior for an FAA pilot certificate. The petitioner states that as a result of these circumstances, it struggles to meet the minimum requirement to graduate at least 10 different people from its approved training courses as prescribed in § 141.5(e).

The petitioner states that as a result of the above issues, it has been unable to amend or replace its previously approved TCO. The petitioner argues that given the highly unusual and unique requirements imposed on it as part of its military contracts, the school should be exempt from the aforementioned requirements imposed under part 141. The petitioner states that it is the largest Navy IFS training school in the Nation and that if the requested exemptions are not approved, a substantial capacity to continue the IFS program for military students may be lost. The petitioner argues that this will result in training backlogs and increased taxpayer cost.

A summary of the petition was published in the Federal Register on December 21, 2010 (75 FR 31958). No comments were received.

The FAA’s analysis is as follows:

The FAA finds that the requirement to gra duate at least 10 different people from the school’s approved training courses in the preceding 24 calendar months is a critical metric in determining a pilot school’s quality of instruction. The FAA requires this period of evaluation to determine that the school’s TCOs have been adequately developed and are being properly implemented. The FAA believes this requirement is an important basis for part 141 pilot school certification, and granting this exemption would allow other similarly situated pilot schools to apply for the same exemption, thus reducing the overall level of safety.

The FAA finds that Skywarrior’s “highly unusual and unique requirements” to fulfill a military contract for flight training do not represent extenuating circumstances, such that its provisional pilot school certificate should be renewed beyond the 24-month window as specified in § 141.5. All flight schools holding a provisional pilot school certificate are given the same period of time to fulfill the requirements for a full pilot school certificate, including those schools conducting IFS training under military

contract.

Skywarrior has failed to demonstrate how it is unique from the general class of regulated persons so as to justify relief by way of an exemption rather than through the general rulemaking process. The FAA has limited resources and must prioritize how it expends those resources in the interest of aviation safety.

In light of the FAA’s decision to deny the petitioner an exemption from the § 141.5(e) threshold requirement that the school have graduated 10 students from its approved training courses, it is not necessary to address the remaining sections from which the petitioner seeks exemption.4

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exem ption would not be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, the petition of Skywarrior, Inc., for an exemption from 14 CFR §§ 141.5(e), 141.27(b), 141.45, 141.55(c)(1), and 141.81 is hereby

denied.

Issued in Washington, D.C., on May 3, 2011.

/s/ Raymond Towles Acting Director, Flight Standards

Service .