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 

commercial 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 

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. 

 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 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 February 24, 2014 Petition for Extension of the 

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

public interest.” FAA May 2014 Extension of Exemption at 2. The University requests that FAA 

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

The cross-country flight path that University students 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 exemption, 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

 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 to the Dominican Republic to satisfy the cross-country requirement 

because of administrative difficulties and harassment when landing in the Dominican Republic. 3 This multi-step procedure would entail maneuvering the airplane to 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 flight requirements with an instructor on board.5

 This rule change does not eliminate the 

need for the exemption, which FAA extended in 2010, 2012, and 2014 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; 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 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).







AFS-14-176-E

May 27, 2014

 Exemption No. 9704C

 Regulatory Docket No. FAA-2008-0332

Mr. Ian A. Shavitz

Counsel for Inter American University of Puerto Rico

Akin, Gump, Strauss, Hauer & Feld, LLP

1333 New Hampshire Avenue, NW.

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 

limitations, and includes the exemption’s expiration date.

The Basis for Our Decision

By letter dated February 24, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Inter American University of Puerto Rico (Inter American) for an extension 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 the 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 requested 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, Paragraph 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 the 

reasons for these regulatory changes cited by the FAA in the final rule are applicable to flights

conducted under this exemption. The FAA also notes that Exemption No. 9704, as amended, 

specified relief from § 61.129(a)(4) and part 141 Appendix D, Paragraph 5(a), which in 

pertinent part cover the general solo requirements for commercial pilot applicants. 

Specifically, however, Inter American seeks relief from the requirements to include a straightline distance of at least 250 nautical miles during a cross-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)). The 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-incommand with an authorized instructor on board. Further, the relief granted 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 delegated to me, I grant your 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 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, subject to the 

conditions and limitations below.

Conditions and Limitations

1. This exemption applies to commercial 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 certificated 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 Rico 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 Exemption No. 9704, as amended, to 

May 30, 2016, unless sooner superseded or rescinded. 

Sincerely,

//s//

John Barbagallo

Acting Deputy Director

Flight Standards Service