4848-3546-1909.3.

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. 11.61 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 higher 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 training 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 

school 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 with 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 Colorado 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 7thStreet, Box 30, P.O. 173362

Denver, CO 80217-3362

303-556-4380

forrestj@msudenver.edu
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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, under 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 160 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 facilitated 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 and 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, MSU 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 the 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 and 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 Denver 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 students 
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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 have 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 Association 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 flight 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 both 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 Denver 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 mountain 

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 interest 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:
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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 hours “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 aviation 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 agrees. 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 University 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 ground 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 commercial 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 associate 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 ground 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 training could be completed as a Part 141 

pilot school associated with a four-year institution of higher education under a training 

agreement.
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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 students 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 

enable 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 certificate 

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. Additional 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 find 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 submit 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

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