AFS-14-399-E 

October 8, 2014 

 Exemption No. 10177E 

 Regulatory Docket No. FAA-2010-0970 

Mr. Garry Foss 

President/ Chief Executive Officer 

Seaborne Virgin Islands, Inc., d.b.a. Seaborne Airlines 

World Plaza Building, 9th Floor 

268 Avenida Luis Munoz Rivera 

San Juan, PR 00918 

Dear Mr. Foss: 

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

No. 10177, as amended. It explains the basis for our decision, describes its effect, and lists 

the conditions and limitations. 

The Basis for Our Decision 

By letter dated June 25, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Seaborne Virgin Islands, Inc., d.b.a. Seaborne Airlines (Seaborne Airlines) for an 

extension of Exemption No. 10177, as amended. That exemption from part 121, appendix K, 

paragraph 5a of Title 14, Code of Federal Regulations (14 CFR) allows Seaborne Airlines to 

continue to operate DHC-6-300 float-equipped airplanes without meeting certain aircraft 

performance requirements. 

In your petition, you requested that this exemption be reclassified as permanent. The FAA, 

however, finds it in the best interest of safety to review most exemptions every 2 years. This 

allows the FAA to ensure that there has been no change in circumstances or regulations from 

which the exemption is granted. 

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. 
 2

In your previous grant of an exemption letter dated June 13, 2014, the FAA required Seaborne 

Airlines to provide additional information that included pilot checklists, policy, and 

procedures. On August 18, 2014, the FAA received and accepted the additional information 

from Seaborne Airlines. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Seaborne Airlines. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10177, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the 

FAA Administrator has delegated to me, Seaborne Virgin Islands, Inc., d.b.a. Seaborne 

Airlines is granted an extension to its exemption which allows Seaborne Airlines to continue 

to operate DHC-6-300 float-equipped airplanes without meeting certain aircraft performance 

requirements, subject to the following conditions and limitations. 

Conditions and Limitations 

1. Before conducting operations under this exemption, Seaborne Airlines must obtain an 

updated operations specifications A005 (Exemptions and Deviations) that provides for 

operations under this exemption. 

2. Seaborne Airlines must keep the checklist of ‘takeoff area cleared’ in their float plane 

normal checklist. 

3. Seaborne Airlines must maintain single engine operations instructions for its pilots. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 10177, as amended to June 30, 

2016, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service