Embry-Riddle Aeronautical University Exemption Request

Petition for exemption requestor: Tim Brady

600 S. Clyde Morris Blvd

Daytona Beach, FL 32114

(386) 226-6457

bradyt@erau.edu

Embry-Riddle Aeronautical University is seeking an exemption from the following two 

sections of Title 14 of the Code of Federal Regulations (CFR):

61.160(b)(3)(i) – The required ground training was completed as part of an approved 

part 141 curriculum at the institution of higher education; and

61.160(b)(3)(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; and

Rational for the exemption request:

While the majority of current instrument and commercial training is completed under 

the university’s FAA 141 air agency certificate (NX4S404M), Embry-Riddle is unique as it 

is one of a few schools, if not the only school, that holds and has provided, instrument 

and commercial training under a part 142 FAA air agency certificate (NX4X404M). The 

university invested heavily in high fidelity, flight simulation training devices (FTSD) in 

2003. These FSTDs represent primary training aircraft such as Cessna 172, Piper 

Seminole, and Diamond Twin Star. 

Using these resources, the university provided training for all certificates and ratings 

(including instrument and commercial) under university’s part 142 FAA air agency 

certificate (NX4X404M). Specifically, the university provided instrument and commercial 

training to students who matriculated to the university between 2003 and 2011 under 

the 142 air agency certificate. In 2010, changes to the 8900 guidance resulted in the 

university making the decision to phase out instrument and commercial training under 

FAA part 142. However, the university still maintains its Part 142 certification as well as 

its part 142 instrument and commercial courses.

It is the university’s intent to seek approval, for students who matriculated into the 

university’s Aeronautical Science before the start of the 2012 academic year, who 

subsequently completed their instrument and/or commercial training under FAA part 
142, to be eligible for the restricted privileges airline transport pilot (ATP) certificate in 

accordance with 61.160 (b) or 61.160 (d).

The university assumes that this is a reasonable request for the following reasons:

1. The 142 preamble encouraged part 141 schools to apply for 142 training center 

certification if they intended to employ the use of advanced training devices (p. 

34510). 

2. The 142 preamble also contests that approved training programs are 

considerably more detailed and instructors are subject to more demanding 

qualifications under FAA part 142 (p. 34523).

3. The training program curriculum requirements under 142.39 are more stringent 

than those found under part 141.

4. The training center instructor eligibility requirements under part 142.47 are

more stringent than those found under part 141.

5. The training center instructor and evaluator privileges and limitations under part 

142.49 are more stringent than those found under part 141.

6. The training center instructor training and testing requirements under part 

142.53 are more stringent than those found under part 141.

7. The training center evaluator requirements under part 142.55 are more stringent 

than those found under part 141.

8. The flight simulators and flight training devices required under part 142.59 must 

be qualified and maintained to a high level than devices used under part 141. 

Summarizing the reasons above, training under conducted under 14 CFR part 142 

requires a higher standard for instructor and evaluator training, courses taught under 14 

CFR part 142 go through a more detailed approval process and have greater FAA 

oversight, and flight simulation training devices approved under 1 CFR part 142 have 

higher fidelity, must be maintained to a higher level, and require annual qualification.

Public benefit of exemption approval:

Embry-Riddle estimates that it issued over 2000 certificates and ratings under 14 CFR 

part 142. It is assumed that many of those students have already met the airline 

transport pilot requirements of 61.159 and are actively employed in part 91, 121, or 135 

operations. However, there is a cadre of Embry-Riddle graduates that have not met the 

1500 hour requirement under 61.159 but do meet the requirements of 61.160(b) or 

61.160(d) with the exception of 61.160(b)(3)(i) and 61.160(b)(3)(ii). Many of these 

individuals have a conditional offer from a part 121 carrier and are simply waiting for 

this exemption to be granted so that they can begin their career. Not granting this 
request will slow our graduates’ entry in the pilot workforce, hindering both their career 

and the airline industry’s ability to serve the public. 

Impact on safety:

Since 14 CFR part 142 requires higher personnel, curriculum, and equipment standards 

approval of this request will not impact safety.

Summary for Federal Register:

Embry-Riddle Aeronautical University is seeking an exemption from 14 CFR part 

61.160(b)(3)(i) and 61.160(b)(3)(ii).

It is the university’s intent to seek approval, for students who matriculated into the 

university’s Aeronautical Science degree program before the start of the 2012 academic 

year, who subsequently completed their instrument and/or commercial training under 

FAA part 142 at Embry-Riddle Aeronautical University, to be eligible for the restricted 

privileges airline transport pilot (ATP) certificate in accordance with 61.160 (b) or 61.160 

(d).

The university assumes that this is a reasonable request for the following reasons:

9. The 142 preamble encouraged part 141 schools to apply for 142 training center 

certification if they intended to employ the use of advanced training devices (p. 34510). 

10. The 142 preamble also contests that approved training programs are considerably more 

detailed and instructors are subject to more demanding qualifications under FAA part 

142 (p. 34523).

11. The training program curriculum requirements under 142.39 are more stringent than 

those found under part 141.

12. The training center instructor eligibility requirements under part 142.47 are more 

stringent than those found under part 141.

13. The training center instructor and evaluator privileges and limitations under part 142.49 

are more stringent than those found under part 141.

14. The training center instructor training and testing requirements under part 142.53 are 

more stringent than those found under part 141.

15. The training center evaluator requirements under part 142.55 are more stringent than 

those found under part 141.

16. The flight simulators and flight training devices required under part 142.59 must be 

qualified and maintained to a high level than devices used under part 141. 
Summarizing the reasons above, training under conducted under 14 CFR part 142 requires a 

higher standard for instructor and evaluator training, courses taught under 14 CFR part 142 go 

through a more detailed approval process and have greater FAA oversight, and flight simulation 

training devices approved under 1 CFR part 142 have higher fidelity, must be maintained to a 

higher level, and require annual requalification.

Sincerely,

Tim Brady

Dean of the College of Aviation

Embry-Riddle Aeronautical University