PETITION FOR EXTENSION OF EXEMPTION 

Docket No. FAA-2008-0332 

February 21, 2014 

Federal Aviation Administration 

U.S. Department of Transportation 

Docket Operations M-30 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

SUBJECT: PETITION FOR EXTENSION OF EXEMPTION

Pursuant to 14 CFR § 11.61, the undersigned, on behalf of Inter American University of Puerto 

Rico (the University), petitions the Federal Aviation Administration (FAA) to extend the 

University’s exemption from certain requirements of 14 CFR § 61.129(a)(4) and 14 CFR § 141, 

Appendix D, Paragraph 5(a) governing single engine airplane pilot certifications and approved 

commercial pilot certification courses. FAA granted the University’s original Petition for 

Exemption in May 2008 and most recently extended the exemption in March 2012.1 The 

University’s exemption, which expires on May 31, 2014, allows both students applying for 

commercial certification and the University’s commercial pilot certification course to satisfy the 

cross-country flight requirement by flying a straight line distance of at least 150 nautical miles 

(nm) rather than 250 nm as otherwise required under FAA regulations. This exemption remains 

necessary because of safety risks associated with students in Puerto Rico flying extended 

distances over U.S. and international waters. 

NATURE AND EXTENT OF RELIEF

Petitioner requests that FAA extend the University’s exemption from the following requirements: 

14 CFR § 61.129(a)(4). Stating in pertinent part that a person applying for a commercial pilot 

certificate with an airplane category and single-engine class rating must perform a solo flight that 

includes a cross-country flight with a straight-line distance of at least 250 nm from the point of 

departure. Extending the existing exemption will allow University students to continue to satisfy 

this regulation with a cross-country flight with a straight-line distance of at least 150 nm. 

14 CFR § 141, Appendix D, Paragraph 5(a). Stating in pertinent part that a commercial pilot 

certification course must include 10 hours of solo training in a single engine airplane that 

 1 See FAA Partial Grant of Exemption, Exemption No. 9704, Reg. Docket No. FAA-2008-0332 (issued 

May 29, 2008) (Attachment 1) and FAA Exemption No. 9704B, Reg. Docket No. FAA-2008-0332 (issued March 

15, 2012) (Attachment 2). 
Page 2 

includes one segment with a straight-line distance of at least 250 nautical miles. Extending the 

exemption will allow the University’s commercial pilot certification course to continue to satisfy 

this regulation with a cross-country flight with a straight-line distance of at least 150 nm. 

Puerto Rico is an island approximately 100 miles wide that is surrounded by international waters. 

Students cannot complete the 250 nm straight-line flight required by the regulations without 

flying for an extended period over open water. In granting the University’s original Petition for 

Exemption, FAA found that reducing the cross-country straight line distance from 250 nm to 150 

nm “would significantly improve safety by removing much of the overwater flying time.” FAA 

Exemption at 3 - 4. In granting the University’s January 23, 2012 Petition for Extension of the 

Exemption, FAA found that the justification for the exemption “remains valid” and is “in the 

public interest.” FAA March 2012 Extension of Exemption at 2. The University requests that 

FAA extend the existing exemption to maintain this improved safety for its students. 

The cross-county flight path that University students are currently using pursuant to the 

exemption (shown on Attachment 3) requires students to fly only 25 – 30 miles over open water, 

and includes eight island airports along the route where students can land in case of an 

emergency. Without the exemption, the students’ flight path (shown on Attachment 4)2

 would 

include more than 100 nm of open water without an island near enough for students to land on or 

maneuver the aircraft close to in a power-off emergency. In such an emergency, a student flying 

beyond a point from which it could reach land would be required to execute a dangerous and 

difficult ditching maneuver.3 FAA has found that reducing the cross-country distance leg to 150 

nm would “lessen concern[s] regarding students executing a ditching maneuver over water.” 

FAA Exemption at 4. 

The exemption also avoids hardships that students in Puerto Rico would experience under the 

existing regulations. For example, given Puerto Rico’s unique geography, without an exemption 

students would be required to fly more than 565 nm to satisfy the 300 nm total distance 

requirement, which adds approximately 2.1 hours (assuming a ground speed of 115 knots) to the 

student’s cross-country certification flight. By comparison, with the exemption students are only 

required to fly 321 nm to satisfy the 300 nm requirement. The exemption also makes the 

requirements for single engine airplane pilot certifications in Puerto Rico the same as in Hawaii, 

where the geography is similar and FAA has promulgated rules that require only a 150 nm 

straight-line flight distance requirement.4

 

 2

 University students cannot travel west from Puerto Rico to the Dominican Republic to satisfy the crosscountry requirement because of administrative difficulties and harassment that students encounter when landing in 

the Dominican Republic. 3

 This multi-step procedure would entail maneuvering the airplane to the sea, and thereafter reaching the 

baggage compartment where a life raft is stowed, removing the heavy raft (weighing approximately 50 pounds), 

exiting the airplane and opening the raft outside the airplane, all before the plane submerges in the water. 4 See 14 CFR § 61.129(a)(4)(i) and 14 CFR § 141, Appendix D, Paragraph 5(a)(1). 
Page 3 

In August 2009, FAA revised 14 CFR § 61.129(a)(4) and 14 CFR § 141, Appendix D, Paragraph 

5(a) to allow students in Puerto Rico performing the duties of pilot in command to satisfy the 

solo flight requirements with an instructor on board.5

 This rule change does not eliminate the 

need for the exemption, which FAA extended in March 2010 and March 2012, after FAA had 

revised its rules. Even with an instructor on board, students should not be subjected to the 

heightened safety risk of flying extended distances over open international waters. FAA did not 

eliminate Hawaii’s exception governing flight distance when it revised its regulations to allow 

instructors on board during solo cross-country flights. Puerto Rico should be treated like Hawaii 

since it has similar geographic challenges. In fact, Puerto Rico has additional challenges because 

of the different languages spoken in the Caribbean. Retaining the exemption would also allow 

students the option of flying their cross-country flight without an instructor on board. Without an 

exemption, students would no longer have this option due to the significant safety risks of flying 

alone over more than 100 miles of open water. 

PUBLIC INTEREST

FAA has previously found that reducing the distance leg required on long distance cross-country 

flights from 250 nm to 150 nm “is in the public interest.” See FAA Exemption at 5; FAA March 

2012 Extension of Exemption at 2. Extending the exemption is in the public interest because it 

will significantly enhance safety without diminishing the ability of the student to obtain the 

experience to be derived from cross-country flights. It is also in the public interest for University 

students to be subject to certification requirements in Puerto Rico that are similar to the 

certification requirements on the U.S. mainland and in Hawaii. Given the geography of the 

United States mainland and the regulatory exception for Hawaii, students training on the 

mainland and in Hawaii are not required to fly extended distances over open water to meet 

certification requirements. Students in Puerto Rico should not be subject to different 

certification requirements. 

LEVEL OF SAFETY

For the reasons stated above, the requested exemption enhances the level of safety for students 

seeking certification in Puerto Rico. FAA has expressly found that the exemption “increases 

safety” and “maintain[s] a level of safety equivalent to” 14 CFR § 61.129(a)(4) and 14 CFR § 

141, Appendix D, Paragraph 5(a). See FAA Exemption at 4. 

EXCEPTIONS TO PUBLICATION OF SUMMARY OF PETITION 

In accordance with 14 CFR § 11.87, good cause exists for FAA to waive publication in the 

Federal Register. First, two of the factors that FAA considers in deciding not to request comment 

are present here; the relief requested is identical to the exemption that FAA has previously 

granted and previously extended, and the exemption is unique to certification flights in Puerto 

 5 See 74 Fed. Reg. 44779 (August 31, 2009).
Page 4 

Rico and therefore will not set a negative precedent.6

 Second, in extending the original 

exemption, FAA “determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent.” See FAA March 2012 Extension of Exemption at 2. Third, the public has already 

had notice and an opportunity to comment on the exemption because FAA published the original 

exemption Petition in the Federal Register (73 FR 19278 (Apr. 11, 2008)). FAA received no 

comments on the original exemption. Finally, waiving publication will not adversely affect or 

prejudice the public because the exemption has no cost or implications to the general public. 

SUMMARY 

As required by 14 CFR § 11.81(f), a summary of the petition is as follows: 

Pursuant to 14 CFR § 11.61, Inter American University of Puerto Rico petitions the Federal 

Aviation Administration (FAA) to extend the University’s existing exemption from certain 

requirements of 14 CFR § 61.129(a)(4) and 14 CFR § 141, Appendix D, Paragraph 5(a). Section 

61.129(a)(4) requires a person applying for a commercial pilot certificate with an airplane 

category and single-engine class rating to perform a cross-country flight with a straight-line 

distance of at least 250 nm from the point of departure. Section 141, Appendix. D, Paragraph 

5(a) requires that a commercial pilot certification course include 10 hours of solo training in a 

single engine airplane that includes one segment with a straight-line distance of at least 250 

nautical miles. Petitioner requests that FAA extend Inter American University of Puerto Rico’s 

exemption to allow both students to satisfy the cross-country flight requirement and the 

University’s commercial pilot certification course to satisfy the cross-country flight requirement 

by flying a straight-line distance of at least 150 nm rather than 250 nm. This exemption is 

necessary because of the safety risks associated with students flying extended distances over 

open international water. It is therefore in the public interest to grant the University’s Petition. 

 Respectfully submitted, 

 Ian A. Shavitz 

Akin Gump Strauss Hauer & Feld LLP 

Counsel for Petitioner 

 1333 New Hampshire Avenue, N.W. 

Washington, D.C. 20036 

(202) 887-4590 

ishavitz@akingump.com 

 6 See 14 CFR §§ 11.87(a) and (b).