June 13, 2008

Exemption No. 9714

Regulatory Docket No. FAA-2008-0436

Ms. Michelle Masden

Island Wings Air Service

PO Box 7432

Ketchikan, AK 99901

Dear Ms. Masden:

This letter is to inform you that we have granted your request for
exemption. It transmits our decision, explains its basis, and gives you
the conditions and limitations of the exemption, including the date it
ends.

**The Basis for Our Decision**

By letter dated May 12, 2008, you petitioned the Federal Aviation
Administration (FAA) on behalf of Island Wings Air Service (Island) for
an exemption from § 135.203(a)(1) of Title 14, Code of Federal
Regulations (14 CFR) to the extent necessary to operate seaplanes inside
the Ketchikan, Alaska, Class E airspace Special Visual Flight Rules
(SVFR) below 500 feet above the surface.

The FAA has determined that good cause exists for not publishing a
summary of the petition in the [Federal Register]{.underline} because
the requested exemption would not set a precedent, and any delay in
acting on this petition would be detrimental to Island.

The FAA has issued grants of exemption in circumstances similar in all
material respects to those presented in your petition. In Grant of
Exemption Nos. 4760 and 8108 (copies enclosed), the FAA examined the
benefits to be gained by the traveling public and those methods found
acceptable by the FAA by which the petitioner proposed to achieve an
equivalent level of safety. The FAA was convinced that a safe operating
environment would be established by permitting visual flight rules (VFR)
operations at altitudes below 500 feet above the surface over open
waterways when weather conditions might otherwise prohibit VFR
operations.

Having reviewed your reasons for requesting an exemption, I find that---

-   they do not differ materially from those presented by the
    petitioners in the enclosed grants of exemption;

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-   the reasons stated by the FAA for granting the enclosed exemptions
    also apply to the situation you present; and

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-   a grant of exemption is in the public interest.

**Our Decision**

Under the authority contained in 49 U.S.C. 40113 and 44701, which the
FAA Administrator has delegated to me, I hereby grant Island Wings Air
Service an exemption from 14 CFR § 135.203(a)(1) to operate seaplanes
inside the Ketchikan, Alaska, Class E airspace Special Visual Flight
Rules (SVFR) below 500 feet above the surface, subject to the revised
conditions and limitations.

# Conditions and Limitations

1.  Each pilot in command employed by Island shall comply with the
    following conditions and limitations:

> a\. Operations are limited to seaplanes and amphibious aircraft being
> operated over water within an approved seaplane/amphibian SVFR
> corridor encompassing the Tongass Narrows and Ketchikan Harbor and
> underlying the Ketchikan Class E airspace.
>
> b\. Operations are authorized only during the hours of daylight or
> during the hours of Alaskan Civil Twilight when the sun is not more
> than 6 degrees below the horizon.
>
> c\. Sky obscuration must exceed five-tenths cloud coverage and must
> preclude VFR flight at or above 500 feet above the surface before
> operations are authorized under the exemption.
>
> d\. Aircraft may be operated below 500 feet above the surface down to
> an altitude of 400 feet above the surface only when the flight
> visibility is at least 2 miles, the surface wind velocity along the
> approved route is 12 knots or less, and the height of the sea (waves)
> is 1 foot or less.
>
> e\. Aircraft may be operated below 400 feet above the surface down to
> an altitude of 200 feet above the surface only when the flight
> visibility is at least 3 miles, the surface wind velocity along the
> approved route is 12 knots or less, and the height of the sea (waves)
> is 1 foot or less.
>
> f\. Operations are authorized only over open waterways, and operators
> must observe the minimum safe altitudes for emergency landings and
> separation clearance set forth in 14 CFR § 91.119(a) and (c).
>
> g\. Operations are authorized only when wind and sea conditions allow
> for the safe accomplishment of an unscheduled landing.
>
> h\. Aircraft position and anticollision lights must be on and
> functioning when operations are conducted under this exemption.
>
> i\. No aircraft may be operated under this exemption at an altitude of
> less than 200 feet above the surface.

2.  Island is authorized to enter into a written agreement with the
    manager of the Ketchikan Flight Service Station (FSS) and the
    manager of the Anchorage Air Route Traffic Control Center to allow
    simultaneous instrument flight rules (IFR) and SVFR operations in
    the Ketchikan Class E airspace, subject to the following conditions
    and limitations:

> a\. The agreement must establish a corridor for SVFR seaplane
> operations that is sufficiently separated laterally and vertically
> from IFR arrival and departure route profiles to allow concurrent IFR
> and SVFR flight within the Class E airspace.
>
> b\. The corridor will encompass the Tongass Narrows and Ketchikan
> Harbor.
>
> c\. Airspace within the corridor boundaries will extend from the
> surface of the water to 500 feet above the surface.
>
> d\. Authorization to use the corridor is dependent on each certificate
> holder having on file with the Ketchikan FSS a current and valid
> letter of agreement.
>
> e\. SVFR operations in the corridor may be suspended by the FAA
> without prior notice, when necessary, in the interest of safety.
>
> f\. An SVFR clearance will be issued for each flight conducted under
> the terms specified in each certificate holder\'s letter of agreement
> and this exemption.

g.  Air traffic advisories will be provided to IFR and SVFR traffic at
    any time the SVFR corridor is in use under the terms specified in
    each certificate holder\'s letter of agreement.

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3.  Operations are only authorized when the operator has determined that
    the weather outside of Class E airspace will allow compliance with
    § 135.203.

4.  Island's pilots must receive annual training on the conditions and
    limitations of this exemption.

This exemption terminates on June 30, 2010, unless sooner superseded or
rescinded.

Sincerely,

/s/

James J. Ballough

Director, Flight Standards Service

Enclosures