AFS-13-566-E 

Exemption No. 10948

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

MR. ARIEL WEISS Regulatory Docket No. FAA-2003-14850

 

for an exemption from§§ 61.89(a)(5)

and 61.111(b) of Title 14, Code of 

Federal Regulations

DENIAL OF EXEMPTION

By correspondence posted to the Federal Docket on September 24, 2013, Mr. Ariel 

Weiss, P.O. Box 317, Bisbee, AZ 85603 petitioned the Federal Aviation Administration 

(FAA) for an extension to Exemption No. 8686, as amended. That exemption, from 

§§ 61.89(a)(5) and 61.111(b) of Title 14, Code of Federal Regulations (14 CFR) allows 

Mr. Weiss’s student pilots to conduct solo flights between certain Caribbean islands while 

fulfilling the cross-country requirements for an FAA private pilot certificate.

The petitioner requests relief from the following regulations:

Section 61.89(a)(5) prescribes, in pertinent part, that a student pilot may not act as pilot 

in command on an international flight, except that a student pilot may make solo 

training flights from Haines, Gustavus, or Juneau, Alaska, to White Horse, Yukon, 

Canada, and return, over the province of British Columbia.

Section 61.111 prescribes, in pertinent part, that for cross-country flights for pilots 

based on small islands, that for an applicant who cannot accomplish required crosscountry solo flight without flying over water for more than 10 nautical miles from the 

nearest shoreline, need not comply with the requirements of that section; if other 

airports that permit civil operations are available to which a flight may be made without 

flying over water for more than 10 nautical miles from the nearest shoreline, the 

applicant must show completion of two round-trip solo flights between those two 

airports that are farthest apart, including a landing at each airport on both flights.
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The petitioner supports the request with the following information:

The petitioner is an FAA-certificated flight instructor conducting flight training in a 

United States (U.S.)-registered aircraft in the Caribbean. In his original petition for 

exemption (March 18, 2003), the petitioner stated that he operates out of the Princess 

Juliana Airport, Sint Maarten, Netherlands Antilles in the Eastern Caribbean. He uses 

his own aircraft for flight training and provides flight training mostly to U.S. citizens in 

the region. 

For insurance reasons, the petitioner cannot have his students fly their required 

cross-country flights between the U.S. Virgin Islands and throughout Puerto Rico,

therefore cannot offer complete private pilot certification courses. In some cases, he 

has to ferry the student and airplane to Puerto Rico, at expense to student and 

instructor. 

The islands of Sint Maarten/Saint-Martin, Anguilla, Saba, St. Eustatius, and St. Kitts 

and Nevis offer an alternative to Puerto Rico and are in class C airspace. Students can 

complete their cross-country training flying between these islands and be only 14 miles 

from shore at the furthest point. The petitioner stated that all the airports in this region 

are under air traffic control (ATC) requiring two-way radio communication with 

position reporting and mandatory flight plans. Further, his students are familiarized 

with the general declarations and other documents for immigration and customs of the 

neighboring countries, as well as how to file the required domestic and international 

flight plans. 

The petitioner asserted that his aircraft (a Piper Aircraft (PA)-28) is equipped with 

redundant communication and navigation radios, along with GPS equipment and 

flotation gear for all occupants in case of emergencies. The flights are in controlled 

airspace, requiring two-way radio communications at all times with a mandatory 

written flight plan at all times to ensure that flights are continuously monitored for

safety of the flight. The additional distance needed to fly from the nearest shore is only 

four nautical miles more than the existing regulatory limit. The petitioner stated the 

relief is in the public interest because of the costs to him and his students for ferrying 

the aircraft to Puerto Rico.

Mr. Weiss added that he struggles with obtaining insurance for his activities because of 

the location of where his aircraft is based, and he stated in his petition that he has an 

unblemished insurance record.

The FAA granted Mr. Weiss’s petition in 2003 and has granted three extensions, the 

third having a January 31, 2014 expiration date. In his September 24, 2013 petition to 

extend his exemption, Mr. Weiss stated that all the information about the relief he 

needs remains the same. For the extended exemption, the petitioner asked that the FAA

correct an error in its listing the applicable countries under the exempted relief.
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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 the petitioner.

The FAA’s analysis is as follows:

In reviewing Mr. Weiss’ petition to extend Exemption No. 8686, the FAA conducted a 

routine assessment for compliance with the requirements for granting exemptions for 

operations outside the United States. We found that 14 CFR § 11.83 requires 

compliance with the requirements of the International Civil Aviation Organization 

(ICAO). ICAO Annex 1, Chapter 2, paragraph 2.2.2.1 states "A student pilot shall not 

fly solo in an aircraft on an international flight unless by special or general 

arrangement between the Contracting States concerned." Unfortunately, the FAA does 

not hold special or general arrangements with the jurisdictions included in the relief 

granted in Exemption No. 8686. 

We conclude that the previous exemptions were issued in error, and the FAA cannot 

extend Exemption No. 8686.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 

40113 and 44701, delegated to me by the Administrator, the petition of Mr. Ariel 

Weiss for an exemption from 14 CFR from §§ 61.89(a)(5) and 61.111(b) is hereby 

denied.

Issued in Washington, D.C., on February 28, 2014.

/s/

John Barbagallo

Acting Deputy Director, Flight Standard Service