> October 10, 2007

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue S.E.

West Building Ground Floor

Room W12-140

Washington, D.C. 20590

Subject: Request for exemption for 14 CFR 121.313 (k)

Amendment 1 -- The purpose of this amendment is to support the original
request with additional information, to apply "Emergency Attention" to
the request, update and clarify information.

14 CFR 121.313(k) becomes effective October 15, 2007. It basically
requires visually determining from the flight deck any suspicious person
attempting entry. This can be accomplished by either a video camera or
peep hole. The door installed on company aircraft has neither. We are
unable to comply with this regulation therefore the Company SD3 aircraft
in both the Mariana Islands and Samoa will be grounded for FAR 121
operations.

**History**

There are two doors installed on the aircraft, one providing separate
entry for the copilot and pilot. The door was certified under ST01835NY
issued November 26, 2003. Installation of the doors was accomplished for
two air carriers, Pacific Island Aviation and Aviation Services, Ltd.,
Since that time Pacific Island Aviation has gone out of business. The
doors were installed on our aircraft and been in service to the present
date.

These doors were manufactured in accordance with all applicable FARs
including 14 CFR 25.795. These doors were inspected by numerous FAA
inspectors (maintenance and operations) in the normal course of their
duties and found to be in compliance with the STC.

A Notice of Proposed Rulemaking was opened in 2005 for public comment
and closed November, 2005. Aviation Services, Ltd., did not make comment
at that time. An Amendment in final form was issued August 15, 2007 with
a compliance date established 60 days later (October 14, 2007). 14 CFR
121.31(k), 121.582 and 121.584 were to be implemented by that day.

During a normal inspection by the Honolulu Flight Standards Office, the
issue was discussed, and it appeared that compliance with the new
regulations could be accomplished by keeping the door closed during the
flight. The first week of October the company determined it could comply
with 121.582 and 121.584. This was accomplished by keeping the door
closed during flight. No entry would be permitted in the cockpit once
the aircraft starts to taxi.

This is a very reasonable action. The routes are short. The aircraft is
never more than 20 minutes from landing in Samoa and 14 minutes in the
Mariana Islands. If an emergency exists in the cabin, the pilots can not
assist, as the best method of assisting the emergency is to land. Two
pilots are required in the cockpit, so physically assisting in the cabin
is out of the question, regardless of the nature of the emergency.
Visual identification of person desiring entry to the cockpit would not
be used as no one would enter the cockpit. If a viewing device were
installed it would not be used.

However, it was determined that closing the door would not permit
compliance with FAR 212.313(k). This regulation is an equipment
regulation. An exemption request was submitted hurriedly on October 5,
2007 electronically (Tracking number 802f947d) and mail via US Postal
Service the next day.

There was next a series of telephone calls, both individual and
conference, with the FAA Honolulu Flight Standards Office. These calls
were very helpful and supportive. They recommended that an amendment to
the Exemption Petition be submitted to use the words "Emergency
Attention". They also explained their research in the NPRM. At the
latest conference call, we received a list of appropriate individuals
who may help and provide us with insight concerning which words to use
and not use to assist in the exemption process. We are following their
advice.

**Equivalent Level of Safety**

In the NPRM, under **E Compliance Dates**, it states in part, "If a Part
121 passenger-carrying operator does not have a means to monitor the
flight deck door area, the operator can: (1) Operate without opening the
flight deck door until the aircraft is retrofitted; or (2) seek relief
by applying to the FAA for exemption from this rule".

\(1\) A memo was issued instructing all pilots and flight attendants not
to open the cockpit door from the time the aircraft first taxis (block
out) until the aircraft comes to a final stop at its destination (block
in). This procedure will ensure that no entry to the cockpit is
possible.

The current cockpit doors (two -- one on each side) cannot be opened
from the cabin but only from the flight deck. Because the routes are of
such short duration, there is no reason for entry into or exit from the
flight deck. There is no passageway between the cockpit doors and the
passenger seating area; the doors open directly into the front row
seats. Since there is no reason to enter the flight deck, the equivalent
level of safety can be achieved without a viewing device or any type.

\(2\) Additionally, relief is sought by applying for an exemption, based
on the time-consuming process of obtaining an STC modification and
humanitarian reasons.

**Public Interest**

This area of the Pacific is remote. The cultural and flying environment
is not similar to the contiguous 48 States. Hawaii has many similarities
but the populations in the Mariana and Samoan Islands have less. Rural
Alaska is closer to the island culture, if you exclude obvious climate
differences. Air transportation has become integrated into the culture.
It is not uncommon to fly a person to either Guam or Saipan for the
birth of a child then return to Rota. The child's introduction to the
world is an airplane. This has continued for generations. It seems that
most of the passengers have more hours flying than the pilots.

In the Mariana Islands, our SD3 is the only daily scheduled U.S. carrier
that connects Rota to Guam to Saipan. It is also the only turbo prop
aircraft to fly to Tinian on a regular basis. Rota is a small island
about 30 miles (50 miles airport to airport) northeast of Guam. Travel
by sea is not an option. Families have relatives living on other
islands. These family bonds can be maintained only by air service.
Reliable transportation is important especially in times of family
emergencies.

Likewise, in our American Samoa operation, our SD3 carrier provides
service between Pago Pago and Apia. Many families work on one island and
maintain a family on the other island. Travel between the islands is a
part of the culture.

**Uniqueness of Operation**

The FAA has applied the Regulation to all FAR 121 operations, but FAR
135 and 125 operations are not required to meet these requirements. We
operate an SD3 in the cargo configuration under FAR 135. The SD3 may be
flown under either 121 or 135 Regulation. FAR 121 requires compliance
with the rule; FAR 135, however, does not require operator compliance
with the rule. This aircraft is split between the two worlds.

The isolation of these island communities requires regular air service
as a vital part of their life. Without connections to the rest of the
world, the culture and family life would be negatively impacted,
families separated; and basic necessities greatly diminished if not
altogether cut off.

Correction - The manufacturer of the door, being out of business was a
misstatement. More accurately, when the door manufacturer was contacted
regarding modifications of the door, they no longer manufacture the
door.

> Sincerely,
>
> Joaquin L. Flores
>
> General Manager

(Submitted via US Regulation Web and via US Mail)

Amended to Exemption Petition

CC: Congresswoman Madeline Z. Bordallo, Congressional Delegate from Guam

> Congressman Faleomavaega Eni Hunkin, Congressional Delegate from
> American Samoa

FAA: AFS-1, AFS-200, AWP-200, AWP-201, AWP-230, HNL-FSDO

Vince Hallack