### PETITION FOR EXTENS ION 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 beha lf of Inter American University of Puerto Rico (the University), petitions the Federa l Aviation Administration (FAA) to extend the University’s exemption from certain require ments of 14 CFR § 61.129(a)(4) and 14 CFR § 141, Appendix D, Paragraph 5(a) govern ing single engine airplane p ilot certifications and approved commercial pilot certification courses. FAA gr anted 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 comme rcial pilot certification course to satisfy the cross-country flight requirement by flying a strai ght 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 pe rson applying for a commercial pilot certificate with an airplane categor y and single-engine class rating mu st perform a solo flight that includes a cross-country flight w ith 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-count ry 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 strai ght-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 w ith a straight-line dist ance 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-lin e flight required by th e 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 lin e distance from 250 nm to 150 nm “would significantly improve safety by removi ng much of the overwater flying time.” FAA Exemption at 3 - 4. In granting the University ’s January 23, 2012 Petiti on for Extension of the Exemption, FAA found that the just ification for the exemption “remains valid” and is “in the public interest.” FAA March 2012 Extension of Ex emption at 2. The University requests that FAA extend the existing exemption to maintain this improved safety for its students.

The cross-county flight path th at University students are cu rrently using pursuant to the exemption (shown on Attachment 3) requires stud ents to fly only 25 – 30 miles over open water, and includes eight island air ports along the route where stude nts can land in case of an emergency. Without the exemption, the stude nts’ 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 emerge ncy. In such an emergency, a student flying beyond a point from which it could reach land woul d 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 stude nts executing a ditching maneuver over water.” FAA Exemption at 4.

The exemption also avoids hardships that stude nts in Puerto Rico w ould 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 certificat ion flight. By comparison, with the exemption stud ents are only required to fly 321 nm to satisfy the 300 nm requirement. The exemption also makes the requirements for single engine airpla ne pilot certifications in Puerto Rico the same as in Hawaii, where the geography is similar and FAA has pr omulgated 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 th e airplane to the sea, and thereafter reaching the baggage compartment where a life raft is stowed, removi ng the heavy raft (weighing approximately 50 pounds), exiting the airplane and opening the ra ft 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 p ilot in command to satisfy the solo flight requirements w ith 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 flyi ng extended distances over open inte rnational waters. FAA did not eliminate Hawaii’s exception governing flight dist ance when it revised it s regulations to allow instructors on board during solo cross-country fli ghts. Puerto Rico shoul d be treated like Hawaii since it has similar geographic cha llenges. In fact, Puerto Rico has additional challenges because of the different languages spoken in the Caribbe an. Retaining the exemption would also allow students the option of flying their cross-country flight w ithout 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 dist ance 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 ex emption is in the public interest because it will significantly enhance safety without diminish ing the ability of the student to obtain the experience to be derived from cross-country flights. It is also in the publi c interest for University students to be subject to certi fication 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 th e 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 exis ts 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 identi cal to the exemption that FAA has previously granted and previously extended, and the exempti on is unique to certificat ion 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, wa iving publication will not adversely affect or prejudice the public because the exemption has no cost or implicat ions to the general public.

SUMMARY

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

Pursuant to 14 CFR § 11.61, Inter American Univer sity of Puerto Rico petitions the Federal Aviation Administration (FAA) to extend the Un iversity’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 commer cial pilot certificat e with an airplane category and single-engine class rating to perfor m 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 pilo t certification course include 10 hours of solo training in a single engine airplane that incl udes 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 th e 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).