## AKIN GUMP STRAUSS HAUER & 

### FELDLLP Attorneys at Law



### PETITION FOR EXTENSION OF EXEMPTION February 12,2010
Federal Aviation Administration Docket Management Facility U.S. Department of Transportation 1200New Jersey Avenue, S.E. West Building Ground Floor Room W12-140 Washington, D.C. 20590 SUBJECT: PETITION FOR EXTENSION OF EXEMPTION Pursuantto 14CFR 

## 5 11.61,the undersigned,on behalf of Inter American UniversityofPuerto Rico (the University), petitions the Federal Aviation Administration 

### (FAA) to extend the University's exemption from certain requirements of 14 CFR 

## 8 61.129(a)(4) and 14CFR $ 141, Appendix D, Paragraph 5(a) governing single engine airplanepilot certifications and approved commercialpilot certification courses. 

### See FAA Partial Grant of Exemption, Exemption No. 9704, Reg. Docket No. FAA-2008-0332 (issued May 29,2008) (Attachment 1). The University's exemption, which expires on May 31,2010, allows both students applying for commercial certification and the University's commercial pilot certification course to satisfythe cross-country flight requirement by flying a straight line distance of at least 150 nautical miles (nm) rather than 250 nm as otherwiserequired under FAAregulations. This exemption was necessary because of safety risks associated with students in Puerto Rico flying extended distances over U.S. and international waters. Although FAA recently amended its rules to allow a flight instructor to accompany students on cross-country flights,the current exemption is still needed because of the risks associated with lengthy overwater flight in the Caribbean that would make landing difficult in the event of an emergency. NATURE AND EXTENT OF RELIEF Petitioner requests that FAA extend the University's exemption from certain requirements under 14 CFR 

## 5 61.129(a)(4) and 14 CFR 

## 5 141,Appendix D, Paragraph 5(a), as follows: 14 CFR 

## 5 61.129(a)(4) states, in pertinentpart, that a person who applies 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 continueto satisfy this regulation with a cross-country flight with a straight-line distance of at least 150 nm. 14 CFR 

## 8 141,Appendix 

### D, Paragraph 5(a) states, 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. ExtendingtheAKIN GUMP STRAUSS HAUER & FELDLLP *tonmr.tUv Page

### 2 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 100miles wide that is surroundedby international waters. Students cannot complete the 250 

### nm straight-line flight required by the regulations without flying for an extendedperiod 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 significantlyimprove safety by removing much of the overwater flyingtime." FAA Exemption at 3 

## - 4. The University requests that FAA extend the existingexemption to maintain this improved safety for its flight school students. The cross-county flight path that University students are currently using pursuant to the exemption (shown on Attachment 2) requires studentsto 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 onAttachment 3)' would includemore 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 maneu~er.~ FAAhas found that reducing the cross-country distanceleg to 150 nm would "lessen concern[s]regarding students executinga ditchingmaneuver over water." FAA Exemption at 

### 4. The exemption also avoids hardships that students in Puerto Rico would experienceunder 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 

### nrn requirement. The exemption also makes the requirements for single engine airplane pilot certifications in Puerto Rico the same as in Hawaii, where the geographyis similar and FAA has promulgated rules that require only a 150

### nrn straight-line flight distancerequirement3 In August 2009, 

### FAA revised 14 CFR 

## 6 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 

## ' University students cannottravel west from Puerto Rico to the Dominican Republic to satisfythe crosscountry requirementbecause of administrative difficultiesand harassment that students encounter when landingin the DominicanRepublic. This multi-step procedure would entailmaneuvering the airplane to the sea, and thereafter reaching the baggage compartmentwhere 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. 'See 14CFR 

### 4 61.129(a)(4)(i)and 14CFR 8 141, Appendix D, Paragraph 5(a)(l).AKIN GUMP STRAUSS HAUER & FELDLLP /UBma/setLaw Page 3 solo flight requirements with an instructor on board.4 This recent rule does not eliminate the need for the current exemption, which allows students to satisfy the cross-country requirement by flying a straight line distance of at least 150nautical miles 

### (nm) rather than the 250 nm otherwise required under FAA regulations, because, 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 governingflight distance when it revised its regulations to allow instructors on board during solo cross-country flights. Puerto Rico shouldbe 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 continuing the currentpractice 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 

### nrn to 150

### nm "is 

### in the public interest." See FAA Exemption at 5. Extending 

### thd exemption is in the public interestbecause it will significantly enhanck safety without diminishing the ability of the studentto obtain the experienceto 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 similarto the certificationrequirements on the 

### U.S. mainland and in Hawaii. Given the geography of the United Statesmainland 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 enhancesthe level of safety for students seeking certificationin Puerto Rico. FAA has expressly found that the exemption "increases safety" and "maintain[s] a level of safety equivalentto" 14CFR 

### 5 61.129(a)(4) and 14CFR 

## 5 141,Appendix D, Paragraph 5(a). See FAA Exemption at 4. EXCEPTIONS TO PUBLICATION OF 

### SUMMARYOFPETITION In accordancewith 14 CFR 

### 5 11.87, good cause exists for FAA to waive publication in the Federal Register. First, two ofthe factors that FAA considers in decidingnot to request comment are present here; the reliefrequested is identical to the exemption that FAA has previously granted and the exemption isunique to certification flights in Puerto Rico and thereforewill not

See 74 Fed. Reg. 44779 (August 31,2009).AKIN GUMP STRAUSS HAUER & FELDLLP Anaw at Law Page 4

set a negativeprecedent.5 Second,the public has already had notice and an opportunity to comment on the exemptionbecause FAA published the original exemption Petition in the Federal Register (73 FR 19278 (Apr. 11,2008)). FAAreceived no comments on the original exemption. Finally, FAA can waivepublication without adversely affecting or prejudicingthe public because the exemptionhas no cost or other implicationsto the general public. 

### SUMMARY As required by 14 CFR § 11.81(f), a summary of thepetition 

### is as follows: Pursuant to 14 CFR 

### 5 11.61, InterAmerican University ofPuerto Rico petitions the Federal AviationAdministration 

### (FAA) to extend the University's existing exemption from certain requirements of 14CFR § 61.129(a)(4) and 14 CFR 

### 8 141,Appendix 

### D, Paragraph 5(a). Section 61.129(a)(4) requires a person applying for a commercialpilot certificatewith an airplane category and single-engineclass 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 10hours of solo trainingin a single engine airplanethat includes one segment with a straight-line distance of at least 250 nautical miles. Petitionerrequests that FAA extend InterAmerican University of Puerto Rico's exemption to allowboth studentsto satisfythe cross-country flight requirement and the University's commercial pilot certification course to satisfythe cross-country flight requirement by flying a straight-linedistance of at least 150

### nmrather than 250 

### nm. This exemption is necessary because ofthe safetyrisks associated with studentsflying extended distances over open internationalwater. It is thereforein the public interest to grant the University's Petition.

IanA. Shavitz Akin Gump Strauss Hauer & Feld LLP Counsel for Petitioner
1333New HampshireAvenue, 

### N.W. Washington, 

### D.C. 20036 (202) 887-4558 slent@akingump.com ishavitz@akingump.com

See 14 CFR $8 11.87(a) and (b).