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In order to provide safe, quality and expedient flight instruction, the Federal Administration requires flight instructors teaching other to be flight instructors to have been flight instructors for at least two years and have given at least 200 hours of flight instruction. In the typical spirit of disregard for regulations, safety and quality of instruction, UND attempted to get around this minimal requirement.  The Federal Aviation Administration denied UND’s ridiculous request.




                                          Exemption No. 6163







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In the matter of the petition of    *


UNIVERSITY OF NORTH DAKOTA          *     Regulatory Docket No. 27721


for an exemption from § 61.187(b)   *

of Title 14, Code of Federal        *

Regulations                         *


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          By letter dated March 28, 1994, and supplementary information dated January 3, 1995, Mr. Donald M. Dubuque, Chief Flight Instructor, University of North Dakota (UND), Center for Aerospace Sciences, Mark Andrews International Airport, Grand Forks, North Dakota 58202-9007, petitioned  for an exemption from § 61.187(b) of Title 14, Code of Federal Regulations (14 CFR).  The proposed exemption, if granted, would permit UND to utilize flight instructors in their flight instructor course who have held a flight instructor certificate for less than 24 months preceding the date of instruction given.


The petitioner requests relief from the following regulation:


          Section 61.187(b) provides, in pertinent part, that an applicant for a  flight instructor certificate must be instructed by a person who has held a flight instructor certificate during the 24 months immediately preceding the date the instruction is given, who meets the general requirements for a flight instructor certificate prescribed in 14 CFR § 61.183, and who has given at least 200 hours of flight instruction, or 80 hours in the case of glider instruction, as a certificated flight instructor. 


The petitioner supports its request with the following information:


          The petitioner states that flight instructors, who are working full time, will generally accumulate 800 to 1,000 hours of flight instruction time per year.  The petitioner further states that, upon accumulating 1,000 to 1,500 hours of flight time, instructors become candidates to enter training as commuter copilots or airline second officers.  According to the petitioner, this creates a large turnover in the flight instructor work force 1 to 2 years after a flight instructor begins working.  The petitioner states that, as a result, flight instructors who meet the requirements of § 61.187(b) are becoming increasingly difficult to find. 


          The petitioner states that UND has 153 flight instructors on its teaching staff.  Out of the 153, only 82 have held CFI certificates for 2 years or more and have 200 hours or more CFI experience.  The petitioner further states that it expects 48 students to participate in its initial flight instructor certification ground school and 30 students in its instrument flight instructor certification ground school during the spring semester 1995.  According to the petitioner, during the fall semester 1994, a total of 45 students participated in initial instructor certification training, and 31 students participated in instrument flight instructor certification training.


          The petitioner also states that UND instructors use only its own highly structured and well-regarded part 141-approved teaching materials in the petitioner's flight instructor certification courses.  The petitioner believes that its flight operations enjoy an excellent reputation for safety and instructional quality. 


          The petitioner believes that the exemption it requests would serve the public interest because it could have a positive impact on the civil flight instructor contingent, keeping safety and instructor competence at a maximum.


          The petitioner offers two proposals in support of its request.  First, the petitioner proposes to require its CFIs who teach pursuant to this request to have a minimum of 1 year and 500 hours of flight instruction experience.  Second, the petitioner proposes to allow only instructors who meet the requirements of § 61.187(b) and who have completed the Federal Aviation Administration (FAA)'s Initial Designated Examiner Standardization course to conduct final phase checks. 


          A summary of the petition was published in the Federal Register on October 18, 1994 (59 FR 52580).  No comments were received.


The FAA's analysis is as follows:


          The FAA has evaluated this request and has determined that UND has not adequately justified a need for this exemption and is not unique when compared with other pilot schools that must comply with the rule.


          The FAA has evaluated the staffing needs of UND.  The result of this evaluation is that, of the 153 UND flight instructors, 82 meet the requirements of § 61.187(b).  In the fall semester of 1994, UND had 45 initial flight instructor students enrolled.  In the spring semester of 1995, UND has 48 initial flight instructor students enrolled.  Since UND has almost two flight instructors qualified under § 61.187(b) for each student, UND has not justified a need for this exemption.


          Finally, the petitioner fails to establish a unique operational situation of the petitioner's flight school that warrants a grant of exemption.


          In consideration of the foregoing, I find that a grant of exemption  would not be in the public interest.  Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(g), 40109, 40113, and 44701-44703, delegated to me by the Administrator (14 CFR § 11.53), the petition of Mr. Donald M. Dubuque, on behalf of the University of North Dakota, for an exemption from 14 CFR § 61.187(b) is hereby denied.


/S/ William J. White

Acting Director, Flight Standards Service



Issued in Washington, DC, on September 15, 1995.


Source: US Federal Aviation Administration