### PETITION FOR EXTENSION OF EXEMPTION
Docket No. FAA

- 2008

- 0332

March 14, 2016

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

commercia l pilot certification courses. FAA granted the University’s original Petition for Exemption in May 2008 and has extended the exemption in March 2012 and May 2014. 1 The University’s exemption, which expires on May 31, 2016, allows both students applying for

comm ercial 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 Uni versity’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 existi ng 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.

1 See FAA Partial Grant of Exemption, Exemption No. 9704, Reg. Docket No. FAA

- 2008

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

- 2008

- 0332 (issued March 15, 2012) (Attachment 2) ; FAA Exemption No. 9704C, Reg. Docket FAA

- 2008

- 0332 (issued May 27, 2014) (Attachment 3)

.Page 2

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 includes one segment with a straight

- line distance of at least 250 nautical miles. Extending the exemption will allow the University’s commercial pilot certificat ion 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 15 0 nm “would significantly improve safety by removing much of the overwater flying time.” FAA Exemption at 3

- 4. In granting the University’s February 24 , 201 4 Petition for Extension of the Exemption, FAA found that the justification for the exemption “r emains valid” and is “in the public interest.” FAA Ma y 2014 Extension of Exemption at 2. The University requests that FAA extend the existing exemption to maintain this impro ved safety for its students.

The cross

- count r y flight path that University stu dents are currently using pursuant to the exemption (shown on Attachment 4 ) 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 exemp tion, the students’ flight path (shown on Attachment 5 ) 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 R educing 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 require d 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 req uire only a 150 nm straight

- line flight distance requirement. 4

2 University students cannot travel west to the Dominican Republic to satisfy the cross

- country requirement

because of administrative difficulties and har a ssment when landing in the Dominican Republic.

3 This multi

- step procedure would entail maneuvering the airplane t o the sea, reaching and accessing 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 f light requirements with an instructor on board. 5 This rule change does not eliminate the need for the exemption, which FAA extended in 201 0

, 2012

, and 2014 after FAA had revised its

rules. E ven with an instructor on board, students should not be subjecte d 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 opti on 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 pr eviously 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 ; FAA May 2014 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 Univers ity 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, stude nts 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 reas ons 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 the refore 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 wi ll not adversely affect or prejudice the public because th e exemption has no cost or implications to the general pu blic.

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 exemptio n 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 cro ss

- 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 tha t 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

Un iversity’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 fly ing 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).AFS

- 14

- 176

- E May 27, 2014

Exemption No. 9704 C Regulatory Docket No. FAA

- 200 8

- 0332

Mr. Ian A. Shavitz Counsel for Inter American University of Puerto Rico Akin, Gu mp, Strauss, Hauer & Feld, LLP 1333 New Hamp shire Ave nue, N W. Washington, DC 20036

Dear Mr. Shavitz :

This letter is to inform you that we have granted your petition to extend Exemption No. 9704

, as amended . It explains the basis for our decision

, describes its effect , lists the conditions and

li mitations, and includes the exemption’s expiration date

.

The Basis for Our Decision

By letter dated February 2 4 , 2014 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Inter American University of Puerto Rico (Inter American) for an e xtension of Exemption No. 9704 , as amended . That exemption from § 61.129(a)(4) and part 141, appendix D, paragraph 5(a) of Title 14, Code of Federal Regulations allows Inter American’s commercial pilot students to satisfy their cross

- country flight of no less than 300 nautical

miles (nm) total distance, with landings at a minimum of three points, one of which is a straight

- line distance of at least 150 nm from the original departure point.

In your petition, you indicate that there has been no change in th e conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the reques ted extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Inter American

.2

Our Decision

As noted in your petition, the FAA promulgated changes to § 61.129(a)(4) and part 141 Appendix D, Parag raph 5(a) to allow for the cross country requirements described by those regulations to be performed either solo or while performing the duties of pilot

- in

- command with an authorized instructor on board. While not specifically requested, we believe that th e reasons for th ese regulatory changes cited by the FAA in the final rule are applicable to flights conducted under this exemption. The FAA also notes th at Exemption No. 9704, as amended, specified relief from § 61.129(a)(4) and part 141 Appendix D, Paragr aph 5(a) , which in pertinent part cover t he general solo requirements for commercial pilot applicants.

Specifically, however, Inter American seeks relief from the requirements to include a straight

line distance of at least 250 nautical miles during a cr oss

- country flight . The FAA finds that it is appropriate to further specify the regulations that Inter American is granted relief from (§ 61.129(a)(4)(i) and part 141 Appendix D, Paragraph 5(a)(1) ) . Th e citation of these specific regulations is captured below.

The FAA has revised Condition and Limitation No. 1 to allow for the flights covered under this exemption to be completed either solo or while performing the duties of pilot

- in

command with an authorized instructor on board. Further, the relief g ranted by this exemption is only appropriate for flights conducted by Inter American that originate and

terminate in Puerto Rico , as specified in revised Condition and Limitation No. 1 below

.

The FAA has determined that the justification for the issuance of Exemption No. 9704 , as amended

, remains valid with respect to this exemption and is in the public interest.

Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegat ed to me, I grant you r petition for exemption from 14 CFR § 61.129(a)(4) (i) and part 141, appendix D, paragraph 5(a) (2) to the extent necessary to allow Inter American’s commercial pilot student applicants to satisfy their cross

- country flight of no

less than 300 nm total dist ance, with landings at a minimum of three points, one of which is a straight

- line distance of at least 150 nm from the original departure point , subject to the

conditions and limitations below.

Conditions and Limitations

1. This exemption applies to commerc ial pilot student flights performing cross

- country flights in which the original point of departure and final landing point are from an airport (or airports) located within Puerto Rico.

2. The commercial student’s logbook must be endorsed by the certifica ted flight instructor (CFI) as follows: “I certify that (INSERT STUDENT’S FIRST NAME, MIDDLE INITIAL, LAST NAME), (INSERT PILOT CERTIFICATE), (INSERT CERTIFICATE NUMBER), has satisfactorily completed the solo single

- engine cross

-3

country flight in Puerto Ri co in accordance with the provision of FAA Exemption

No. 9704 on (INSERT DATE). S/S (INSERT DATE) (INSERT CFI NAME), (INSERT CFI CERTIFICATE NUMBER), EXPIRATION DATE (INSERT DATE).

The Effect of Our Decision

Our decision extends the termination date of E xemption No. 9704 , as amended

, to May 3 0

, 201 6

, unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo Acting Deputy Director Flight Standards Service