4848

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- 1909.3. BEFORE THE DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

PILOT CERTIFICATION AND QUALIFICATION REQUIREMENTS FOR AIR

CARRIER OPERATIONS, DOCKET NO. FAA

- 2010

- 0100

PETITION FOR EXEMPTION FROM 14 C.F.R. 61.160(b)(3)(i)

Pursuant to 14 C.F.R. 1 1.61 et seq., Metropolitan State University of Denver (“MSU Denver” or “Petitioner”) hereby submits its petition for an exemption from the requirement in 14 C.F.R. 61.160(b)(3)(i) that, in order for a person to obtain a restricted airline transport pilot ( “ATP”) certificate with a minimum of 1,000 hours of total time as a pilot, rather than the 1,500 hours generally required, the person must, among other things, complete the required ground training “as part of a part 141 curriculum at [an] institution of h igher education.” Under 14 C.F.R, 61.160(b)(3)(ii), however, the person may complete the required flight training not only as part of an approved Part 141 curriculum at an institution of higher education, but also “at a part 141 pilot school that has a tra ining agreement under 141.26 of this chapter with the institution of higher education.” The ground training provision, which was not included in the proposed rule, provides no public benefits that would not also be provided by a four

- year education at MSU Denver, where the Part 141 ground training certificate will be provided by MSU Denver’s partner institution, Colorado Northwestern Community College (“CNCC”), a nationally accredited 2

- year associates degree program in aviation and Part 141 pilot/ground

sc hool under a training agreement with MSU Denver. (CNCC will also provide the Part 141 approved flight training certificate under this training agreement, as the new rules allow.) Without the requested exemption:

 MSU Denver will be unable to offer the 1,000 hour restricted ATP to its approximate 550 degree

- seeking students (of which approximately 70 are graduated each academic year);

 MSU Denver will no longer be able to support industry needs and educational programming to highly diverse populations wi th the same viability it has sustained for over 45 years; and

 The ability of two institutions of higher learning in Colorado to offer educational programming that serves the airline industry and populace of the Front Range and Western Slope areas of Colora do will be adversely affected.

In support of this petition, MSU Denver submits the following information:

1. Contact name and address :

Jeffrey Forrest, Ph.D. Chair and Professor, Aviation & Aerospace Science Metropolitan State University of Denver

1250 7 t h Street, Box 30, P.O. 173362 Denver, CO 80217

- 3362

303

- 556

- 4380 forrestj@msudenver.edu4848

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- 1909.3. 2

2. Specific section of the 14 CFR from which an exemption is sought : 61.160(b)(3)(i)

3. The extent of the relief sought :

To allow students completing a four

- year Bachelor of Science (“B.S.”) degree from MSU Denver with an aviation major to complete the required Part 141 ground (and flight) training from Colorado Northwestern Community College, a nationally accredited 2

- year associates degree collegiate Part 141 program, un der a training agreement between CNCC and MSU Denver, thereby allowing MSU Denver graduates to obtain a restricted ATP certificate after accumulating 1,000 hours of total pilot time provided in section 61.160, rather than the 1,500 hours generally required

.

4. The reason for the relief sought :

MSU Denver provides Part 61 ground instruction for academic credit for the commercial certificate and instrument rating as part of its required classwork for its BS in Aviation Technology. MSU Denver does not operate a flight line: it does not own aircraft or operate a flight school. Our Part 61 instrument and commercial ground school classes represent approximately 117 hours of direct classroom hours per semester for each student enrolled (exclusive of approximately 16 0 hours of expected time spent working

on out

- of

- classroom assignments per term for the instrument and commercial classes; this “homework time” includes working on related labs, stage exams, and reviewing our online ground school training program as facili tated by Jeppesen

- Boeing). MSU Denver has continuously provided Part 61 Instrument and Commercial classes for academic credit since 1968. Our instrument and commercial classes are supported by over $14M of associated FTD equipment, ATC training lab, CRJ an d B

- 1900 in

- doc labs, and weather analysis lab. MSU Denver utilizes the Jeppesen

- Boeing Part 141 curriculum (as approved for use in a Part 141 ground school) for the instrument and commercial ground school classes as required for academic credit. Again, MS U Denver facilitates this material under Part 61 training. During the nearly two decades when the FAA allowed third party academic institutions to facilitate conducting written exams for the private, commercial, and instrument knowledge exams, over 90% of MSU Denver Aviation Technology students consistently earned over an 80% score for all exams we administered.

MSU Denver will continue to require its instrument and commercial Part 61 ground school classes as part of our degree programming regardless of t he flight training or ground training programs our students may select for pilot certification. Many of the FBO flight training centers require their pilots to take Part 141 ground school from their organization in order to participate in flight training a nd eventual certification conducted in association with the respective FBO flight school. This is typically required by MSU Denver students that have also completed MSU Denver’s instrument and commercial ground school classes (for academic credit).

MSU De nver will partner with CNCC. CNCC holds Part 141 certification for its ground school courses and flight training facility. MSU Denver will require all of its students4848

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- 1909.3. 3

seeking the restricted ATP certification to take cross

- listed classes with CNCC for Part 141 ground school as applied to the instrument rating and commercial certificate. It also will require students seeking the restricted ATP to conduct flight training with CNCC for the instrument rating and commercial certificate.

MSU Denver and CNCC hav e established several proven and existing strategies for facilitating Part 141 ground school and flight training sessions to both CNCC and MSU Denver students. As both intuitions are accredited by The Higher Learning Commission

of the North Central Associa tion of Colleges and Schools and have an existing reciprocal agreement for transfer credit, we will cross

- list our Part 141 program classes for registration at both institutions. MSU Denver will also list on CNCC’s Part 141

certificate our FAA

- certified f light and ground instructors such that they may facilitate Part 141 training at both intuitions. MSU Denver and CNCC plan to cover all student needs by offering combinations of 100% online, hybrid, and traditional campus

- based

classes to all students at b oth institutions. In regards to Part 141 flight training, MSU Denver plans to offer at CNCC summer and weekend training programs (with dormitories) to both student populations. We will also locate CNCC aircraft at Front Range Airport (in the metropolitan D enver area) for use by MSU Denver students during

other times each academic term.

The partnership will offer students the prospect to operate aircraft and seek flight training in a variety of flight areas and airports, and with extensive opportunity for m ountain flight training.

MSU Denver also plans to collaborate with CNCC on National Intercollegiate Flying Association Flight Team (“NIFA”) operations. NIFA was formed for the purposes of developing and advancing aviation education; to promote, encourage and foster safety in aviation; to promote and foster communications and cooperation between aviation students, educators, educational institutions and the aviation industry; and to provide an arena for collegiate aviation competition.

In combination with the remaining academic coursework as specified in 61.160, the instrument and commercial ground school classes at CNCC and MSU Denver and CNCC’s Part 141 flight training program will exceed the conditions to be eligible for the reduced minimum flight hour time for graduates of four

- year universities with an aviation major and therefore should qualify MSU Denver’s students for the 1,000 hour reduced

minimum hours for the restricted ATP certification.

5. The reasons why granting the exemption is in the public i nterest or will benefit the public:

MSU Denver is one of the largest undergraduate collegiate aviation degree programs in the U.S. It is the only B.S. Aviation Technology program in Colorado and in the Front Range area of the western U.S. CNCC offers an Associates Degree in Applied Science in Aviation. Both institutions serve diverse and minority

- based populations. The requested exemption, predicated on a training agreement between CNCC and MSU Denver, will:4848

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 greatly leverage the ability of two Colorado institutions of higher education to recruit and retain students seeking careers as airline pilots under Part 121 operations;

 create a pathway for CNCC students to earn the B.S. degree while subsequently qualifying for the reduced 1000 hour restricted ATP certificate;

 qualify MSU Denver students for the same reduction flight time as applied to the restricted ATP certificate; and

 vastly improve the ability of CNCC to support its Part 141 flight line as a service to the Front Range and Western Slope areas.

6. The reasons why granting the exemption would not adversely affect safety or will provide an equivalent level of safety

.

In the preamble to the final pilot training rule, the FAA based its decision to reduce the minimum total hours of pilot time to 1,000 h ours “on the fact that the academic coursework completed as part of an aviation major generally exceeds the time a pilot might spend in ground school outside of that environment[.] Over the course of several years, these graduates complete significant avi ation coursework well above the hours of ground training required for commercial pilot certification. In addition, a student’s knowledge and flight proficiency are continuously evaluated throughout the degree program.” 78 Fed. Reg. at 42346. MSU Denver agr ees. MSU Denver’s aviation B.S. degree programs require students to take 68 to 86 semester credit hours of coursework directly related to professional airmanship, aeronautical science, and airline flight operations. MSU Denver is also a member of the Unive rsity Aviation Association and past recipient of the NIFA 2011 Loening Trophy award for outstanding aviation collegiate program of the year.

MSU Denver believes there will be no diminution in safety for a pilot graduating from MSU Denver to receive a grou nd training certificate from CNCC

– a Part 141 certificated pilot school

– under a training agreement with MSU Denver. MSU Denver’s curriculum is modeled after Part 141, and fully utilizes the Jeppesen

- Boeing Part 141 curriculum for

the instrument and comm ercial ground school classes as required for academic credit. If anything, an exemption will enhance safety be encouraging would

- be pilots to go through

a four

- year university program. The partnership between CNCC and MSU Denver will also encourage CNCC as sociate degree students to continue their aviation educational program with another two years at MSU Denver.

There is no principled basis to impose a more restrictive protocol for ground school training than for flight training, at least insofar as the gr ound school training will be provided in cross

- listed courses offered by a four

- year institution of higher education. While the final rule differentiates ground school and flight school training, the FAA suggested in the preamble that both types of trainin g could be completed as a Part 141 pilot school associated with a four

- year institution of higher education under a training
agreement.4848

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- 1909.3. 5 FAA continues to support a reduction of flight hours for graduates with an aviation major from a four

- year institution of higher education who complete ground and flight training as part of approved training courses at a Part 141 pilot school that is associated with the institution of higher education.

Id. (emphasis added). Under the requested exemption, MSU Denver stud ents would complete the required ground and flight training program with CNCC under a training agreement with MSU Denver.

7. Summary for publication in the Federal Register :

Metropolitan State University of Denver (“MSU Denver”) is seeking an exemption to

e nable graduates of MSU Denver’s Aviation Technology program to qualify for the 1,000 hour restricted ATP certificate by enabling its students to take Part 141 cross

- listed ground school classes for the instrument rating and commercial ground school certifi cate held by Colorado Northwest Community College (“CNCC”), and require its students seeking the restricted certificate to conduct flight training under CNCC’s Part 141 flight training program, under a training agreement between MSU Denver and CNCC.

8. Ad ditional information :

In light of the fact that the effective date of the pilot training rule was August 1, MSU Denver immediately faces the prospect of severe economic burden if the requested relief is not granted by the start of MSU Denver’s fall term August 19, 2013 or soon thereafter. Because the provision from which MSU Denver seeks an exemption was not included in the proposed rule, Petitioner had no prior notice of this restriction. For these reasons, Petitioner respectfully requests that the FAA f ind good cause for waiver of the 120

- day requirement in 14 C.F.R. 11.63(d) and the Federal Register publication requirement in 14 C.F.R. 11.85.

A letter of support from CNCC is attached. If the exemption is granted, MSU Denver and CNCC will separately s ubmit an appropriate training agreement to the FAA as set forth in the final pilot training rule with respect to flight training as expressly allowed in the final rule and with respect to ground school as requested in this petition.

Sincerely,

JEFFREY FORREST, Ph.D. Chair & Professor, Aviation & Aerospace Science Metropolitan State University of Denver

August 9, 2013

Attachment