Adventure Flights, Inc 

July?, 2010 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Dear Representative, 

Please find the attached Petition for Exemption. Please expedite the handling of the 

Petition as it is of an emergency nature. Thank you. 

Sincerely, 

(L</nu DJLHAO^J 

Jim Bilbrey 

19301 Jasmine Court, Lake Elsinore, Ca 92530 

(951) 678-4334 Fax (951) 678-2011 Cellular (951) 232-3025 

iirn007@advfliqhts.com 
Petition for Exemption 

Name: Jim Bilbrey DBA: Adventure Flights 

Address: 19301 Jasmine Court, Lake Elsinore, California 92530 

Phone: Office: 951-678-4334 Mobile: 951-232-3025 Email: iim009(a),ibgn.com 

Regarding CFR 141.5 

Reason for Request: 

Since 1975 Adventure Flights, Inc. (AF) has trained over 200 Lighter-Than-Air balloon pilots 

who have earned their private or commercial Lighter-Than-Air balloon rating. Since 1993, AF 

has trained over 150 students under CFR 141, who have earned their private or commercial 

Lighter-Than-Air Ratings. The school's FAA certification number is QJBV584K. 

To date, AF has enjoyed a 100% pass rate. Under contract with the FAA, we have trained many 

FAA Lighter-Than-Air Balloon Designated Examiners, who are currently deployed all over the 

United States. AF has assisted in setting up many Lighter-Than-Air training facilities in foreign 

countries that had no Lighter-Than-Air training facilities or regulations. Since 1978, AF has 

operated an FAA Certified Lighter-Than-Air Repair Station (QJBR584K) in California and has 

set up similar Lighter-Than-Air repair stfitions in foreign countries that had no Lighter-Than-Air 

repair stations facilities. 

FAR 141.5(d) was written to address training requirements primarily for fixed vving and 

helicopter schools and not Part 141 Lighter-Than-Air schools. The pool of 

Lighter-Than-Air students in the United States that a Part 141 Lighter-Than-Air school has to 

draw from is far less than 1% of the size available to a fixed wing or helicopter Part 141 school. 

Yet, FAR 141 requires the same minimujm number of students to be trained at a Lighter-ThanAir school as compared to fixed wing or helicopter schools. 

For the past 20 years, the FAA has interpreted FAR 141.5(d) to mean at least 10 courses must be 

completed with an 80% pass rate. AF and several other Lighter-Than-Air part 141 schools have 

been able to achieve this minimum requirement. It appears that after October 20,2009, the FAA 

is interpreting this regulation to mean thait the minimum requirement is now 10 different 

individuals rather than training courses. 

The effect that this new "interpretation" of 141.5 has on the 6 existing Lighter-Than-Air 

schools is catastrophic. It appears that no existing Lighter-Than-Air Part 141 pilot school can 

meet the "new requirements" of FAR 141.5(d) and (e). Therefore, when a Lighter-Than-Air 

school certificate comes up for renewal as it does every 24 months, it will not be renewed. The 

effect that the new interpretation has on eill Lighter-Than-Air schools is that they will cease to 

exist. AF's Lighter-Than-Air Part 141 School has aheady been denied renewal of our certificate 

and has effectively been put out of business. AF has had to refimd training deposits to 5 students 

and has suffered the loss of income fi-om Lighter-Than-Air pilot training. 

i i ,"\ 1 i u 1 

Page 1 of5 
The way in which this new interpretation of 141.5 was implemented also was detrimental to the 

existing fixed wing and helicopter Part 141 Schools. In ajffect the new rule interpretation was 

made and then applied retroactively to the past 24 months. Lighter-Than-Air Part 141 Schools 

were not even given a chance to implement the new rule interpretation because the FAA applied 

the rule to the previous 24 months, insteeid of implementing the rule interpretation beginning 

fi-om October 20,2009.1 believe this is l:>oth illegal and unfair. It is bad enough that the economy 

has put many Part 141 Schools out of business. Then the FAA comes along with a "new" rule 

interpretation that effectively closes all remaining Lighter-Than-Air Part 141 Schools. 

The public is not served by forcing all Lighter-Than-Air Part 141 Pilot Schools out of business. 

There is no CFI rating for Lighter-Than-Air pilots and therefore no professional training other 

than under Part 61. Under Part 61, any commercial Lighter-Than-Air pilot has instructor 

privileges. Very few commercial balloon pilots have the level of knowledge and experience of a 

Lighter-Than-Air Part 141 balloon instructor. Also, under Part 141, there is 18 minimum flight 

hours required to earn a commercial Lighter-Than-Air rating. Under Part 61, 35 hours are 

required. If no Lighter-Than-Air Part 141 Schools are available to students, the quality of 

Lighter-Than-Air training will greatly decrease at the same time the cost of training will greatly 

increase due to the fact that an additional 17 hours of flight training are required under Part 61. 

A hypothetical example of the inequitable results of the retroactive implementation of the new 

method of calculating qualification for a Part 141 Pilot School Certification follows: 

The school's Part 141 Certificate was issued on November 1,2007 and expires twenty-four (24) 

months thereafter on October 30,2009. As of October 15,2009, the school had nine (9) students, 

each of whom had received a Private Pilot and a Commercial Pilot airmen certificate. No more 

students enrolled in the school until January 10*, 2010. Under the prior FAA method of "score 

keeping", the school exceeded the Part 141 (d) requirements. Under the new and retroactive 

method of calculating, the school does not meet the requirements of Part 141.5(d) or (e). 

This is clearly an unjust ex post facto application of the new law 

Extent of Relief 

I request that: 

1) As an expeditious emergency measure to protect existing L-T-A Part 141 Schools fi-om 

closure, the new interpretation of FAR 141.5 not be implemented retroactively. 

2) All affected Part 141 Schools have their certificates renewed if they have met the minimum 

training requirements of Part 141.5 undei- the previous FAA interpretation of the rule for the 

previous 24 months fi"om the expiration date of their certificate. 

3) As a long term solution, FAR 141.5 be amended to included the following language as 

indicated in red: 

Recommended FAR 141.5: 

Page 2 of 5 
141.5 Requirements for a pilot schooi certificate. 

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— 

(a) Completes the application for a pilot school certificate on the form and in the manner prescribed by the 

FAA; 

(b) Has held a provisional pilot school certificate; 

(c) Meets the applicable requirements under subparts A through C of this part for the school certificate 

and associated ratings sought; 

(d) Has trained and recommended at least 10 different people, or in the case of L-T-A schools 4 different 

people, for a knowledge test or a practical test, or any combination thereof, and at least 80 percent of 

those persons passed their tests on the first attempt; and 

(e) Has graduated at least 10 different people, or in the case of L-T-A schools 4 different people, from the 

school's approved training courses. 

I respectfully request that this Petition for Exemption be granted expeditiously due to the fact 

that our L-T-A Part 141 School was forced to cease operations on May 1, 2010 due to the new 

"interpretation" of FAR 141.5. 

Sincerely, 

(Lc/nu DAJ^AO^ 

Jim Bilbrey 

Page 3 of 5 
Chronology of AF Part 141 Lighter-Than-Air School Certification 

1992 -1993 

Adventure Flights, Inc. obtains Part 141 School Certification for Private and Commercial Pilot 

L-T-A Ratings. 6 individuals completed a total of 16 separate courses. 100% pass rate, 

1994-1995 

School Certificate Renewed. 16 individuals completed a total of 42 separate courses. 100% pass 

rate. 

1996-1997 

Application for Renewal of Part 141 Certificate submitted in person by Jim Bilbrey to Tony 

Costanza (FAA School Inspector) at the IRiverside FSDO. Tony Constanza lost school certificate 

renewal application causing an 8-month delay in renewing the certificate. AF Part 141 School 

forced to close for 8 months. Certificate finally renewed as a certified Part 141 pilot school after 

repeated requests and finally demands by Jim Bilbrey, owner of school. 12 individuals 

completed a total of 34 courses. 100% pass rate. 

1998-1999 

Application for Renewal of Part 141 Certificate submitted in person by Jim Bilbrey to Tony 

Costanza (FAA School Inspector) at the Ifliverside FSDO. Certificate renewed. Two new courses 

added to school. Private and commercial pilot add-on courses added to school syllabi. 13 

individuals completed a total of 34 courses. 100% pass rate. 

2000-2001 

Application for Renewal of Part 141 Certificate submitted in person by Jim Bilbrey to Tony 

Costanza (FAA School Inspector) at the Ifliverside FSDO, and sent by U.S. mail. Tony 

Constanza again lost both copies of the school certificate renewal application and syllabi, 

causing a 7-month delay in renewing the certificate. AF Part 141 School forced to close for 7-

months. Standard Part 141 School Certificate finally renewed after repeated requests and finally 

demands by Jim Bilbrey, owner of school. 10 Individuals completed a total of 28 courses. 100% 

pass rate. 

2002 - 2003 

Application for Renewal of Part 141 Certificate submitted in person by Jim Bilbrey to Tony 

Costanza and Brad Howard (FAA School Inspectors) at the Riverside FSDO, and sent by U.S. 

mail. Brad Howard explained how FAR 141.5 counted "courses" given and not individual 

students. He required that we produce two more syllabi. In addition to the private and 

commercial training courses, we were required to also offer private and commercial add-on 

rating courses with separate syllabi. AF explained to Brad Howard that the private and 

commercial courses are identical to the private and commercial add-on courses, therefore, the 

extra two syllabi were not necessary. 

Page 4 of 5 
AF produced two more syllabi for private and commercial add-on ratings that were identical to 

the private and commercial rating syllabi, except for the title page. AF produced the two new 

syllabi in less than an hour after the request was made by Brad Howard, FAA School Inspector. 

This was easy to do because it only required the title of the syllabi to be changed. It took 9-

months to have the two "new" syllabi approved by Brad Howard. Meanwhile, the school was 

forced to shut down for 9-months while it waited for "approval" of the two "new" syllabi. 

The Certificate was finally renewed as a standard Part 141 school after repeated requests and 

demands by Jim Bilbrey, owner of school. 9-individuals completed a total of 26 courses. 100% 

pass rate. 

2004-2005 

Application for Renewal of Part 141 Certificate submitted in person by Jim Bilbrey to Brad 

Howard (FAA School Inspector) at the Riverside FSDO. In addition, it was notarized and sent by 

certified mail to Brad Howard at the Riverside FSDO. Brad Howard lost both copies of the 

school certificate renewal application and syllabi, causing a 2-month delay in renewing the 

certificate. 

The school was renewed as a standard Part 141 school after a 2-month delay after AF presented 

evidence (certified mail return receipt) to Bob Blanton, Manager of the Riverside FSDO. AF Part 

141 School was forced to close for 2-months due to the loss of the renewal application and 

syllabi copies. The school certificate was finally renewed after repeated requests by Jim Bilbrey, 

owner of school. 14 individuals completed a total of 38 courses. 100% pass rate. 

2006-2007 

Application for Renewal of Part 141 Certificate was submitted in person by Jim Bilbrey to Gabe 

Serrano (FAA School Inspector) at the Riiverside FSDO. In addition, it was notarized and sent by 

certified mail to the Riverside FSDO. The Riverside FSDO lost both copies of the school 

renewal application and syllabi, causing a 1-month delay in renewing the certificate. By the time 

the Riverside FSDO renewed the school application, it was past the school certificate expiration 

date, therefore, unlike is past cases, the Riverside FSDO renewed the school as a "provisional 

school". 10 individuals completed a total of 24 courses. 100% pass rate. 

2008-2010 

Nathan Dickinson (FAA School Inspector) called AF to remind them to submit their school 

renewal application. The application was submitted and the school syllabi were updated per his 

request. He then informed AF that Part 141.5 had been changed. Later he indicated that the 

school would not be eligible for renewal as the method of counting had changed from "courses" 

to "individuals" and that the change would be implemented retroactively, 

I informed him that AF has no way to comply with a requirement that is retroactive for 24 

months, and that the implementation of a rule change retroactively is both unfair and illegal. He 

contacted LA Region legal coimcil for cLirification and was informed that the rule will stand and 

AF would have to take it up with "Washington". AF has now been closed since May 1,2010 and 

is accumulating losses from loss of training income. 9-individuals completed a total of 22 

courses. 100% pass rate. 

Page 5 of 5