Exemption 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 November 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 Skywarrior 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 having 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 may 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 a 
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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 training 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 description 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 a 
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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 graduate 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. 
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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. §§ 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 .