Florence, D.K. Petition for Exemption 14 CFR Part 61.159 (a)(5)

Sir/Ma’am, My name is Major Daniel K. Florence. I am an active duty O - 4 in the United States Air Force. I have served in the Armed Forces since 1999 . I am an Air Force Academy graduate and currentl y a Formal Training Unit Instructor Pilot at Kirtland Air Force Base, Albuquerque, New Mexico. I have completed six combat deploy ments in support of Operation’s Iraqi Freedom and Enduring Freedom and have over 1,57 0 hours of flight time in the following aircraft: DA - 20, T - 37B, UH 1H, MH - 53J, MH - 53M, MV - 22A, and CV - 22B. My current aircraft is the CV - 22B. M y job at this time is to provide CV - 22B combat read y crews to Air F orce Special Operations Command in support of United States Special Operations Command. I am in pursuit of an Airline Transport Pilot (ATP) airplane category certificate. I am leaving active dut y and have applied to numerous major US airlines in hopes of starting a new career in the airline industry . The ATP certificate is required in order to operat e as an airline pilot under Title 14 CFR Part 121. I am exercising m y right under 14 CFR Part 11, “General Rulemak ing Procedures” and Part 11.81, “What information must Iinclude in m y petition for an exemption”. According to Part 11.15, “a petition for exemption is a request to FAA by an individual or entity asking for relief from the requir ements of a current regul ation.” Specificall y, I am asking for relief from 14 CFR Part 61.159 - Aeronautical experience: Airplane category rating - , subsection (a) , (5) ; “ 250 hours of flight time in an airplane as a pilot in command, or as second in command performing the duties of pilot in command while under the supervision of a pilot in command, or an y combination thereof...”. Bottom line, Ihave 144.1 hours of “airplane” time (DA - 20/T - 37B). Per Part 61.159 (a)(5), I need 105.9 more hours in an “airplane” in order to reach 250 . Airplane, per 14 CFR Part 1.1, “ means an engine - driven fixed - wing aircraft heavier than air, that is supported in flight b y the dy namic reaction of the air against its wings.” I have 909.3 hours in “powered - lift” aircraft (MV - 22A/CV - 22B). Over 500 hours of m y CV - 22B time is pilot in command, including 118 instructor pilot hours . Per Part 1.1, “Powered - lift means a heavier - than - air aircraft capable of vertical takeoff, vertical landing, and low spee d flight that depends principally on engine - driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight .” I am requesting the ability to credit m y powered - lift time in order to meet the minimum 250 airplane hour requirement of Part 61.159 (a)(5). Per Part 11.81, I have listed the required information below outlining further details of my petition for exemption. (a) Daniel K. Florence, Major, United States Air Force. 6905 Sweetbriar Ave NW, Albuquerque, NM, 87120. Cell: 719 - 930 - 3083, Wife: 719 - 231 - 0051, Work: 505 - 853 - 3376. Work Email: daniel.florence@us.af.mil , Private Email: dkflorence04@gmail.com (b) S ubsection (a) (5) of 14 CFR Part 61.159.Florence, D.K. Petition for Exemption 14 CFR Part 61.159 (a)(5)

(c) Requesting the ability to use my p owered - lift hours toward s ubsection (a)(5) of 14 CFR Part 61.159 in order to meet the 250 airplane hour requirement of ATP airplane category certification . I am seeking this relief for multiple reasons. 1) By the FAA definition of “ airplane ” , a V - 22 has engi ne - drive n proprotors and fixed wings

—the wings do not move regardless of configuratio n . Furthermore, during airplane mode flight with the engines and proprotors in the horizontal plane, the V - 22 continues to meet the definition of “ airplane ” with wings using air in order to create lift. Generated lift in airplane mode is created b y the dyn amic reaction of air over the V - 22’s fixed wings. The proprotors in this flight regime operate just like traditional turbo - props. 2) An estimated 90% of flight time in a V - 22 is done in airplane mode. The V - 22 can take - off and land verticall y, thereb y satisfying the powered - lift definition. However, the V - 22 can also do rolling take - off and landings like an airplane if required due to power limitations. During airplane mode flight in a V - 22, the airplane flies and handles just like a traditional fixe d wing aircraft. A traditional airplane pilot would be able to intuitively fl y a V - 22 while in airplane mode. 3) I am a proven combat aviator and veteran of the United States. Ihave 12 y ears of military aviation experience. If the intent of this regul ation is for a powered lift combat veteran to spend his/her hard earned money

and free time away

from his/her famil y at a local airport flying a 100 horse power Cessna for 105.9 hours at $100 an hour , I would argue this as a huge loss of time and money for a veteran . There would be very little pay - off in aviation experience as compared to the time and money

spent. Iwould have to spend several months and over $10,000 dollars to gain 105.9 hours of “airplane” time. This seems entirely unnecessary

give n my experience level and service to this country. (d) Granting m y request would be in the public interest due to the following: 1) Supporting our troops; the public takes a keen interest in the support and praise of combat veteran’s since 9 - 11. Military competency

with regard to military

flight time and subsequent translation to civilian flight time is a perfect way to reward military

aviation veterans by

helping them succeed in the corporate industry

after military

service is honorably

completed. 2) There is arguabl y a huge shortage of qualified pilots in the airline industry . Experienced Captains and First Officers in the major airline industry

are retiring b y the thousands, y earl y, over the next decade. Regional airlines cannot keep pilots long en ough due to poor quality of life and substandard pay

— more regional pilots are quitting in order to find other careers or leaving for the major airlines . There is very little incentive for high school and college graduates to pursue a career in the airline industry due to the expensive cost of training and the entry level pay at a Regional Carrier not coming close to comparable to the initial investment . Allowing military competency

or minor exemptions such as my

request means the public gains experienced m ilitary pilots transitioning to the airline industry

at a much quicker rate. The public pay - off eventually means more experienced pilots on commercial flight decks as experience is fleeting, less cancelled flights due to more pilot availability , and more incentive for military pilots to transition to the airline industry after successful completion of military service. (e) Granting this exemption would not adversel y affect safet y and would still provide a level of safet y at least equal to that provided b y the rule from which I seek the exemption. 1) The CV 22B is an extremel y complicated fl yi ng machine. It is inappropriate to compare 100 hours in a light fixed - wing airplane such as a Cessna 150 to 100 hours in a turbo - prop airplane that can convert into a heav y - lift helicopter and drop off Special Operations Forces in the middle of austere and hostile environments. Please don’t take me as arrogant. T he request of ATP schoolsFlorence, D.K. Petition for Exemption 14 CFR Part 61.159 (a)(5)

for me to “rent a Ce ssna and get your remaining hours” seems futile. The experience I have gained over 1,570 hours of military aviation have fostered superb airmanship, sound decision making, refined crew resource management, assertiveness, precision, meticulous attention to detail, operational risk management experience, and superior fl yi ng skills that outweigh the necessit y to spend dozens of weekends and thousands of dollars on logging time, just for the sake of logging time. 2) Allowing this one - time exemption does not mean I get right into a commercial airliner and start flying with real passengers. Allowing this exemption simply permits me to continue professional level training at the FAA’s highest level of competency

— airline transport pilot . There are still several safe - guards in place that will confirm my ability to fly safel y and professionally. This exemption allows me to attend the ATP and Boeing 737 type rating course at Higher Power Aviation. If I am unfit for ATP certification, this course will tell me. If I pass the course and receive ATP certification and a 737 ty pe rating, Iwould still need to get hired b y a major airline. If I pass the airline application screening and interview process, I would still need to pass numerous check rides and training eve nts at the airline. Furthermore, if I graduated an airline’s training course, I would fl y with a very experienced Captain/Instructor Pilot during my

Initial Operating Experience. (f) Below is a summary

y ou can publish in the F EDERAL REGISTER : (1) D aniel K. Florence, Major, United States Air Force, CV - 22B Instructor Pilot, is seeking exemption from subsection “(a)(5)” of “14 CFR Part 61.159 Aeronautical Experience: airplane category rating” in order to be immediately eligible for training programs of which the ultimate goal is to achieve “Airline Transport Pilot airplane category certificate”. (2) Major Florence has previously logged 144.1 hours of military flight time in fixed wing airplanes. Major Florence needs 105.9 more hours of fixed wing a irplane time in order to meet 14 CFR Part 61.159 (a)(5) requirement of 250 “ airplane ” hours. Major Florence has 1,570 hours of military

flight time. Over 900 hours of this flight time is in powered - lift aircraft. Major Florence is asking for a one - time exemption in order to use his powered - lift time toward the 250 hour airplane requirement. (g) Please reference my three letters of recommendations testifying my pilot competency . They are attached to a similar pe tition to exemption under Comment Tracking Number: 1jz - 8hph - fj13. I am currently

using these recommendations for my airline applications. Upon request, I can submit detailed flight log books, USAF Fl yi ng History Reports, and/or Aviation Service Summaries . (h) I have no desire to exercise the privileges of my exemption outside the United States . I cannot thank you enough for your time and consideration for m y petition for exemption of subsection (a)(5) of 14 CFR Part 61.159. Very Respectfully , //s igned// DANIEL K. FLORENCE MAJOR, USAF