May 9, 2008

Exemption No. 9692

##  Regulatory Docket No. FAA-2001-10875

Sheryl R. Israel, Esq.

Counsel for Fresh Water Adventures, Inc.

Hogan & Hartson, LLP

555 13^th^ Street, NW.

Washington, DC 20004

Dear Ms. Israel:

This letter is to inform you that we have granted your petition to
extend Exemption

No. 7070, as amended. It explains the basis for our decision, describes
its effect, and lists the conditions and limitations.

# The Basis for Our Decision

On July 30, 2007, you petitioned the Federal Aviation Administration
(FAA) on behalf of Fresh Water Adventures, Inc. (FWA), for an extension
of Exemption No. 7070, as amended. That exemption from § 91.323(b)(4) of
Title 14, Code of Federal Regulations allows FWA to operate its Gruman
Goose G-21A amphibian aircraft at a weight that exceeds the certificated
weight at which the climb performance was demonstrated. FWA must comply
with all other sections of § 91.323. That exemption, however, expired on
November 30, 2007; therefore, we will treat your request as a new
petition.

In your petition, you indicate that there has been no change in the
conditions and reasons relative to public interest and safety that were
the basis for granting the original exemption.

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

# Our Decision

In consideration of the foregoing, I find that a grant of exemption is
in the public interest. Therefore, pursuant to the authority contained
in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator,
Freshwater Adventures, Inc., is granted an exemption from 14 CFR

from § 91.323(b)(4) to allow FWA to operate its Gruman Goose G-21A
amphibian aircraft at a weight that exceeds the certificated weight at
which the climb performance was demonstrated. FWA must comply with all
other sections of § 91.323, subject to the following conditions and
limitations.

**Conditions and Limitations**

1.  Before any operation is conducted under this exemption, the FAA
    principal operations inspector (POI) assigned to FWA must amend
    FWA's Ops Specs to include this exemption.

2.  Before any operation is conducted under this exemption, FWA must
    provide the POI with acceptable documentation applicable to each
    route FWA proposes to operate, demonstrating to the POI's
    satisfaction that suitable alternative landing areas that would
    permit a safe landing by the affected aircraft in the event of the
    failure of one engine are available at all times.

    a.  This documentation must establish to the POI's satisfaction that
        the proposed landing area is free of hazards including, but not
        limited to, ice, logs, any living being, or any other substance
        that could endanger a safe landing.

    b.  This documentation must establish to the POI's satisfaction that
        the proposed route to each landing area is free of any
        obstruction that extends above the surface that could endanger
        the descent to the landing area.

3.  Each FWA pilot in command must be trained in the provisions
    contained in this exemption before conducting operations under this
    exemption.

4.  All operations under this exemption are limited to visual flight
    rules conditions.

This exemption terminates on May 31, 2010, unless sooner superseded or
rescinded.

# 

Sincerely,

James J. Ballough

Director, Flight Standards

Service