**BEFORE THE**

**UNITED STATES DEPARTMENT OF TRANSPORTATION**

**FEDERAL AVIATION ADMINISTRATION**

**WASHINGTON, D.C.**

In the matter of the petition of:

NORTHWEST SEAPLANES, INC.

for extension of an exemption

from §135.203 (a) (1) of the

Federal Aviation Regulations

Shane L. Carlson

Northwest Seaplanes, Inc.

P.O. Box 1845

Renton, Washington 98057

\(425\) 277-1590

**BEFORE THE**

**UNITED STATES DEPARTMENT OF TRANSPORTATION**

**FEDERAL AVIATION ADMINISTRATION**

**WASHINGTON, D.C.**

In the matter of the petition of:

NORTHWEST SEAPLANES, INC.

for extension of an exemption

from §135.203 (a) (1) of the

Federal Aviation Regulations

**[INTRODUCTION]{.underline}**

Exemption No. 6461F was issued to Northwest Seaplanes, Inc. ("Northwest
Seaplanes") and terminates on June 30, 2008. Pursuant to §11.25, of the
Federal Aviation Regulations ("FAR"), Northwest Seaplanes hereby
petitions the Administrator to issue to Northwest Seaplanes an extension
of Exemption No. 6461 from FAR §135.203 (a) (1).

Generally, FAR §135.203 (a) (1) specifies VFR minimum altitudes.
Specifically, it provides that the day VFR airplane minimum operating
altitude is 500 AGL. Northwest Seaplanes hereby proposes that it be
granted an extension of Exemption No. 6461F from this regulation.
Northwest Seaplanes believes that such an exemption extension would not
adversely affect safety and that operations under the proposed exemption
extension would provide a level of safety equal to that provided by the
regulation. Proof that a high level of safety can be maintained under
the proposed exemption is the performance record of Northwest Seaplanes
and other certificate holders in the region who together have
accumulated more that a decade of safe operating experience under
identical exemptions. Also, the proposed exemption extension is clearly
in the public interest because it permits the safe completion of flights
which otherwise would have to be canceled under existing limitations of
FAR §135.203 (a) (1).

**[REGULATION]{.underline}**

FAR §135.203 (a) (1) provides as follows:

Except when necessary for takeoff and landing, no person may operate
under VFR an airplane during the day below 500 feet above the surface or
less than 500 feet horizontally from any obstacle.

**[INTERESTS OF PETITIONER]{.underline}**

Northwest Seaplanes conducts operations as an air taxi/commercial
operator exclusively in seaplanes under its air carrier certificate No.
NWSA878B. Operations for which exemption is sought are day VFR at true
airspeeds not exceeding 130 knots, confined to an area including the
Puget Sound basin and the San Juan Islands in Washington State.

Weather conditions in the Puget Sound - San Juan Islands area often
consist of low stratus cloud layers or fog with ceilings over water of
300-500 feet and visibilities of 2 miles or more. Where low ceilings
occur, flight visibility is often in excess of 2 miles. The sheltered
inland waters of this area are nearly always calm and offer a safe
landing surface from departure to touchdown in the event of a power
failure. Also, VFR navigation is facilitated in this area by an
extensive system of marine beacons published on local aeronautical
charts.

All Northwest Seaplanes flights are conducted with visual reference to
landmarks and always within sight of land. All Northwest Seaplanes
aircraft are equipped with position and anticollision lights. All
Northwest Seaplanes flights are in continuous communication with ground
facilities via VHF radio and the company-operated UHF radio.
Petitioner's pilots are subject to flight training and familiarization
with all routes, destinations and procedures for the safe conduct of
flights in the area of intended operations.

Granting the exemption extension would benefit both the petitioner and
the public because it would permit the safe conduct of flights which
otherwise would have to be canceled under the minimum operating limits
of the subject regulation. Experience of Northwest Seaplanes and other
operators has demonstrated that flights can be conducted under the
proposed exemption without adverse impact on the safety level provided
by the subject regulation.

**[PRIOR EXEMPTIONS BY ADMINISTRATOR]{.underline}**

The high level of flight safety under the proposed exemption is
historical fact. Continuously since March 26, 1990, Northwest Seaplanes
has operated safely under Exemption Nos. 5166, 5166A, 5166B and 6461. In
addition, for over nineteen years, Kenmore Air Harbor, Inc. has safely
operated in the Puget Sound - San Juan Islands area under an exemption
identical to the one proposed herein. [See]{.underline} Exemption Nos.
2528, 2528A, 2528B, 2528C (Regulatory Docket No. 17681) et seq. Also,
Lake Union Air Service, Inc. had been granted an identical exemption
prior to is discontinuation of operations. [See]{.underline}, Exemption
Nos. 4953 (Regulatory Docket 25577 and 4953A). Because the high level of
safety for flights under the exemption has been established by the test
of time; and because petitioner\'s record of safe operations is
untarnished, there is no justification for failing to grant Northwest
Seaplane\'s request. Also, similar exemptions have been granted to at
least eight air taxi/commercial seaplane operators in Alaska.
[See]{.underline} Exemption No. 4265 (Regulatory Docket No. 24279).

**[EXEMPTION EXTENSION SOUGHT]{.underline}**

Petitioner seeks an extension of Exemption No. 6461 from FAR §135.203
(a) (1) identical to that which has been previously granted to it,
Kenmore Air Harbor, Inc. and Lake Union Air Service, Inc., permitting
the conduct of flight operations when necessary, an altitude below 500
feet over water outside of controlled airspace.

**[CONCLUSION]{.underline}**

Northwest Seaplanes should be granted the proposed exemption extension
which will permit its seaplanes to be operated safely below an altitude
of 500 feet AGL. Such an exemption extension does not adversely affect
safety because previous exemptions and extensions granted to other
operators have established an impressive safe flying record for more
than nineteen years. This successful performance record is based in part
on the unique, day VFR seaplane operating environment in the Puget

Sound - San Juan Islands area. Also, such an exemption extension
furthers the public interest in fair competition because, as stated
before, exemption extensions identical to the one proposed herein have
previously granted to other seaplane operators in the region. Finally,
the public\'s interest in safe, efficient air transportation is
furthered because granting the exemption extension will permit the
completion of flights which otherwise would have to be canceled under
the subject regulation. In conclusion therefore, it is clearly in the
public interest and not adverse to flight safety for the Administrator
to grant the exemption extension requested.

**[SUMMARY]{.underline}**

Pursuant to FAR §11.25 (d), a summary of this petition for exemption
which may be published in the [Federal Register]{.underline} is provided
as follows:

The extension of Exemption No. 6461 from FAR §135.203 (a) (1) is
requested to allow petitioner to conduct operations at an altitude below
500 feet over water outside of controlled airspace.

Dated this 29th day of January 29, 2008.

Respectfully submitted,

NORTHWEST SEAPLANES, INC.

[By]{.smallcaps}

Shane L. Carlson

Vice President