Jared Testa

jared.testa@erau.edu

Chief Flight Instructor

Flight Department

T: 928-777-4358

F: 928-777-4328

August 29th, 2013

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590

To Whom It May Concern:

Embry-Riddle Aeronautical University, holder of Air Agency Certificate Number BF8S032Q, is 

requesting a 24 month exemption from 14 CFR Part 141 Appendix C 4.(b)(5).

Embry-Riddle recently acquired Paradigm Aviation Training devices. During the requisition process, 

Embry-Riddle verified the FAA authorization of the training devices. Please see the attached letter of 

authorization from the FAA to Paradigm Shift Solutions dated May 11 2012. In this letter, the FAA 

authorizes the device for use in Part 141 operations in accordance with §141.41(b). Specifically the letter 

authorized up to 40% of the total instrument rating flight training time requirements as outlined in 

Appendix C.

Embry-Riddle requested an enclosed aircraft shell and a continuous wrap-around visual system for our 

devices, enhancing the training experience and quality substantially. Paradigm submitted a request to the 

FAA for an additional configuration approval. The FAA provided approval of the additional 

configuration via letter of authorization dated Aug 22 2013. The letter is attached to this petition. In this 

new letter, the FAA authorizes the device for use in Part 141 operations in accordance with §141.41(b), 

however the FAA restricts the device to 10% of the instrument rating flight training as allowed under 

4.(b)(5) of Appendix C.

In an additional letter dated Aug 22 2013, Mr. James Viola of the FAA explains the legal rationale for the 

change in authorization as mandated by the Office of the Chief Counsel. This letter is also attached. 

The change imposed by the Office of the Chief Counsel was both drastic and immediate. Embry-Riddle 

requests this exemption to reduce the impact on students and allow for a smooth transition to operations 

with the additional restriction or to increase the certification level of our training devices.

Embry-Riddle feels authorizing this exemption would provide a level of safety consistent with or greater 

than current regulations and operations. The training devices built by Paradigm Shift Solutions are 

leading edge training devices built to exceed the requirements of FSTD Level 5. Prior to purchase, 

Embry-Riddle conducted an exhaustive evaluation of training devices and determined Paradigm to 

provide the best training solution available. In qualifying our flight instructors to operate and teach in the 

devices, it became obvious the training quality of these devices exceeds that of our previous FSTD Level 

6 devices.

As indicated in both letters of authorization, the devices meet the requirements of §141.41(b). According 

to Appendix C 4.(b)(3) the device (meeting the requirements of §141.41(b)) may be used for up to 40% of 

the total flight training hour requirements of the appendix. The Office of the Chief Counsel states that the 

restrictions of Appendix C 4.(b)(5) take precedent and limit the useful percentage to 10% based on the 

vague wording of “aviation training device.”

Research of the “aviation training device” market yields a substantial variation in the quality of available 

devices, ranging from a simple desktop personal computer with yoke and rudder pedals up to the devices 
U.S. Department of Transportation, Docket Operations

August 29th, 2013

Page 2

provided by Paradigm Shift Solutions. Obviously the devices are not created equal and the credit 

available from each device should not be equal; though that is exactly what the Office of Chief Counsel is 

stating.

Embry-Riddle believes the Paradigm devices exceed the requirements of §141.41(b) and therefore should 

be allowed for use up to 40% in accordance with Appendix C 4.(b)(3). However, Embry-Riddle does 

concede the statement in Appendix C 4.(b)(5) adds a level of confusion. Embry-Riddle feels an 

exemption is necessary to seamlessly bridge the gap between what has been the operational standard at 

the FAA and the newly imposed standard from the Office of Chief Counsel. 

Please do not hesitate to contact me at 928.777.4358 or testaj@erau.edu if you have any questions.

Thank you,

Jared Testa

Chief Instructor