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 currently 

a Formal Training Unit Instructor Pilot at Kirtland Air Force Base, Albuquerque, New Mexico. I 

have completed six combat deployments in support of Operation’s Iraqi Freedom and Enduring 

Freedom and have over 1,570 hours of flight time in the following aircraft: DA-20, T-37B, UH1H, MH-53J, MH-53M, MV-22A, and CV-22B. My current aircraft is the CV-22B. My job at 

this time is to provide CV-22B combat ready crews to Air Force 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 duty 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 operate as an airline pilot under 

Title 14 CFR Part 121.

I am exercising my right under 14 CFR Part 11, “General Rulemaking Procedures” and Part 

11.81, “What information must I include in my 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 requirements of a current regulation.”

Specifically, 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 any combination thereof...”.

Bottom line, I have 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 by the 

dynamic reaction of the air against its wings.” I have 909.3 hours in “powered-lift” aircraft 

(MV-22A/CV-22B). Over 500 hours of my 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 speed 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 105.9 hours of my 909.3 hours 

of powered-lift time for airplane time thereby satisfying the 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) Subsection (a)(5) of 14 CFR Part 61.159.
Florence, D.K. Petition for Exemption 14 CFR Part 61.159 (a)(5)

(c) Requesting 105.9 of my 909.3 powered-lift hours be credited toward subsection (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 engine-driven proprotors and fixed wings—the wings do not move 

regardless of configuration. 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 by the dynamic 

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 vertically, thereby 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 fixed wing aircraft. A traditional airplane pilot would be able to intuitively fly a V22 while in airplane mode. 3) I am a proven combat aviator and veteran of the United States. I 

have 12 years of military aviation experience. If the intent of this regulation is for a powered lift 

combat veteran to spend his/her hard earned money and free time away from his/her family 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. I would have to spend several months and 

over $10,000 dollars to gain 105.9 hours of “airplane” time. This seems entirely unnecessary

given my experience level and service to this country.

(d) Granting my 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 arguably a huge 

shortage of qualified pilots in the airline industry. Experienced Captains and First Officers in the 

major airline industry are retiring by the thousands, yearly, over the next decade. Regional 

airlines cannot keep pilots long enough 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 military 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 adversely affect safety and would still provide a level of 

safety at least equal to that provided by the rule from which I seek the exemption. 1) The CV22B is an extremely complicated flying 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 heavy-lift helicopter and drop off Special Operations Forces in the middle of 
Florence, D.K. Petition for Exemption 14 CFR Part 61.159 (a)(5)

austere and hostile environments. Please don’t take me as arrogant. The request of ATP schools 

for me to “rent a Cessna 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 flying skills that outweigh the 

necessity 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 safely 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 type rating, I would still need to 

get hired by a major airline. If I pass the airline application screening and interview process, I 

would still need to pass numerous check rides and training events at the airline. Furthermore, if I 

graduated an airline’s training course, I would fly with a very experienced Captain/Instructor 

Pilot during my Initial Operating Experience. 

(f) Below is a summary you can publish in the FEDERAL REGISTER: 

(1) Daniel 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 airplane 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 credit 105.9 hours of his powered-lift 

time toward the 250 hour airplane requirement. 

(g) I have attached three letters of recommendations testifying my pilot competency. I am 

currently using these recommendations for my airline applications. Upon request, I can submit 

detailed flight log books, USAF Flying 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 my petition for exemption of 

subsection (a)(5) of 14 CFR Part 61.159. 

Very Respectfully,

//signed//

DANIEL K. FLORENCE

MAJOR, USAF