UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

20591

In the matter of the petition of EMBRY-RIDDLE AERONAUTICAL UNIVERSITY for an 

exemption from §§61.160(b)(3)(i) and 61.160(b)(3)(ii) 

of Title 14, Code of Federal Regulations.

GRANT OF EXEMPTION

By letter dated June 17, 2014, Dr. Brent D. Bowen, Embry Riddle Aeronautical 

University (ERAU), 3700 Willow Creek Rd., Prescott, AZ 86301, petitioned the Federal 

Aviation Administration (FAA) on behalf of ERAU for an exemption from §§ 61.160(b)(3)(i)

and 61.160(b)(3)(ii) of Title 14, Code of Federal Regulations (14 CFR). The proposed 

exemption, if granted, would allow certain students that completed the instrument rating and/or 

commercial pilot training under part 142 at ERAU to be eligible for the restricted privileges 

airline transport pilot ( ATP) certificate in accordance with § 61.160(b) and (d).

The petitioner request relief from the following regulations:

Section 61.160(b)(3)(i) and (ii) prescribes, 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 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; and

(ii) The required flight training was completed as part of an approved part 141 curriculum 

at the institution of higher education or at a part 141 pilot school that has a training 

agreement under §141.26 of this chapter with the institution of higher education;

The petitioner supports its request with the following information:

ERAU notes that it is a university specializing in pilot training. It states that the 

university invested heavily in high-fidelity flight simulation training devices (FSTDs) which 

represented primary training aircraft. The university utilized these devices to provide training for 

all certificates and ratings under the university’s part 142 FAA air agency certificate number 

BF8X032Q. Citing the preamble to the final rule which promulgated part 142 (61 FR 34508), 

ERAU notes that the FAA encouraged part 141 pilot schools to apply for a part 142 air agency

certificate if the pilot school intended to employ the use of flight training devices. ERAU offers

that the preamble also stated that the approval of training programs would be considerably more 

detailed and that training center instructors would be subject to more demanding qualifications 

under part 142. ERAU cites specific part 142 regulations in support of this position. Finally, the 

university attests that the flight simulator and flight training devices described by §142.59 must 

be of higher fidelity and maintained to a higher standard than those allowed under part 141. 
ERAU states that it provided commercial pilot certificate and instrument rating training 

under part 142 between 2004 and 2009. This training has a since been phased out. 

ERAU states that its request for an exemption is within the public interest as it has issued 

over 1000 certificates under its part 142 training center. According to the petitioner, many of 

these individuals have a conditional offer of employment from a part 121 air carrier and are 

waiting on this exemption to be granted so that they may begin their career as an airline pilot.

A summary of the petition was published the Federal Register on September 19, 2013 

(78 FR 57676). The FAA received comments from 45 individuals; all commenters were 

supportive for the grant of exemption. The commenters cited that training accomplished in 

accordance with part 142 is more robust than that conducted under part 141 due to the including 

of simulator training. Many commenters cited the higher standard for personnel, curriculum, and 

equipment at a part 142 training center.

One commenter described additional experience they felt should be obtained by an airline 

pilot; however, these concerns are outside the scope of the exemption request.

The FAA’s Request for Additional Information:

Based on the FAA’s request for additional information that was sent to ERAU-Daytona 

Beach, ERAU-Prescott offers the following information:

1. When ERAU-Prescott changed from a part 142 to a part 141 training program in 2009, 

the part 141 training center program was identical to the part 142 training center program. 

Both the instrument rating and commercial pilot flight training programs were identical 

when the change from part 142 to part 141 was first initiated. The flight and ground 

training programs have changed over time to their current states. The current course 

descriptions can be found by referencing the LOA that was issued to ERAU-Prescott in 

2013/2014.

2. Students training under the part 142 certificate would have taken the following ground 

and flight training courses:

a. AS 232 (Intermediate Aeronautics) – This course will examine instrument flying in 

the National Airspace System below 18,000 feet, Federal Aviation Regulations, 

single-engine complex and light multi-engine aircraft performance, instrument 

approach procedures, weather related to instrument flying, and the elements of 

resource management. The student will also receive preparation to take the FAA 

Instrument Rating written test.

b. AS 272 (Advanced Aeronautics) – This course examines multi-engine flying in the 

IFR environment including the high-altitude en route structure, turbo-charged piston 

twin-engine airplane and turbo-prop airplane performance, winter flying phenomena, 

mountain flying, effective resource management, and safe flying practices. The 

student will also receive preparation to take the FAA Commercial Pilot written test.

c. FA 232 (Commercial Pilot Flight III) – The student will receive training in the 

maneuvers and procedures necessary for him/her to meet the standards contained in 

the FAA instrument rating practical test standards. Additionally, the student will

receive training in cockpit resource management and safe flying practices. At the 

successful completion of this course, the student will have gained the aeronautical 

experience necessary to apply for the addition of the FAA Instrument Airplane Rating 

to his/her Private Pilot Certificate.
d. FA 272 (Commercial Pilot Flight IV) – The student will receive training in the 

maneuvers and procedures necessary for him/her to meet the standards contained in 

the commercial pilot practical test standards. Additionally, the student will receive 

training in cockpit resource management and safe flying practices. At the successful 

completion of this course the student will have gained the aeronautical experience 

necessary to apply for the FAA Commercial Pilot Rating, Multi-Engine Certificate 

with Instrument Rating.

3. Approximately 2 students have requested the exemption for the training that they

received under part 142 at ERAU-Prescott.