UNITED STATES OF AMERI CA

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC 20591 In the matter of the petition of EMBRY

- RI DDLE AERONAUTICAL UNIVERSI TY 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 Fed er al Regulations (14 CFR). The proposed exemption, if granted, would allow certain student s that completed the instrument rating and/or commercial pilot tr aining 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) p rescribes, that a person may appl y for an airline transport pilot certificate with an airplane category multiengine class rating or an airline transport pilot certificate concurrently with an airplane t ype 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 c urriculum 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 p etitioner supports its request with the following information:**  ERAU n otes that it is a university specializing in pilot training. It states that the university invested heavily

in high

- fidelit y flight simul ation training devices (FSTDs) which represent ed primary

training aircraft. The university utilized these devices to provide training for all certificates and ratings under the universit y’s part 142 FAA air agency certificate number BF8X032Q. Citing the preamble to the final rule which promulgated par t 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 app roval of training programs would be considerably more detailed and that training center instructors would be subject to more demanding q ualifications under part 142. ERAU cites specific part 142 regulations in support of this position. Finally , the unive rsity 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 inst rument rating training under part 142 between 2004 and 2009 . This training has a since been phased out. ERAU states that its r equest for an exemption is within the public interest as it has issued over 1000 certificates under its part 142 training cent er. According to the petitioner, many of these individuals have a conditional offer of employ ment 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 petiti on 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

- Day tona 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 ratin g 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 cer tificate would have taken the following ground and flight training courses: a. AS 232 (Intermediate Aeronautics)

– This course will examine instrument flying in the Nati on al Airspace S ystem below 18,000 feet, Federal Aviation Regulations, single

- engine complex and light multi

- engine aircraft performance, instrument approach procedures, weather related to instrument fly ing, and the elements of resour ce 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 fl yi ng phenomena, mountain flying, effective resource management, and safe flying practices. The student will also receive preparation to take the FAA Commercial Pilot wr itten 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 fl yi ng 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 h is/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 appl y for the FAA Commercial Pilot Rating, Multi

- E ngine Certificate with Instrument Rating. 3. Approximately

2 students have requested the exemption for the training that they received under part 142 at ERAU

- Prescott.