AFS-10-184-E March 12, 2010 Exemption No. 10032 Regulatory Docket No. FAA-2005-22079

Mr. David Paul Doyon, Jr. Director of Operations Misty Fjords Air & Outfitting, LLC 1716 South Tongass Hwy Ketchikan, AK 99901

Dear Mr. Doyon:

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 posted March 3, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Misty Fjords Air & Outfitting, LLC (Misty Fjords), for an extension of Exemption No. 8685, as amended. That exemption from § 135.203(a)(1) of Title 14, Code of Federal Regulations (14 CFR) allowed Misty Fjords to conduct operations under visual flight rules (VFR) outside controlled airspace, over water, at an altitude below 500 feet above the surface. That exemption, however, expired on February 28, 2010. Therefore, we will treat your request as a new petition.

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

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8108 (copy enclosed), the FAA found that the weather phenomenon of good in-flight visibility beneath low cloud ceilings often exists over protected inland waterways, such as those in Southeast Alaska. The FAA2

has issued similar grants of exemption to operators in the Pacific Northwest that encounter similar topographic and meteorological conditions. The FAA has determined that operations under those grants of exemption have been conducted safely for a number of years.

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

• they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

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

• 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 Misty Fjords an exemption from 14 CFR § 135.203(a)(1) to the extent necessary to conduct operations under VFR outside controlled airspace, over water, at an altitude below 500 feet above the surface, subject to the conditions and
limitations described below.

Conditions and Limitations

1. Misty Fjords must conduct operations under this exemption—

a. Exclusively in seaplanes operated under its air carrier certificate;

b. 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. At true airspeeds not to exceed 130 knots;

d. Over open waterways, within sight of shore, and at minimum safe altitudes for emergency landing and separation clearance as set forth in 14 CFR § 91.119(a) and (c); and

e. Within U.S. airspace defined by a line from—

latitude 58°11 ́71 N. longitude 136°20 ́84 W. to latitude 59°14 ́09 N. longitude 135°26 ́44 W. to latitude 58°06 ́72 N. longitude 135°27 ́10 W. to latitude 55°28 ́89 N. longitude 132°38 ́76 W. to latitude 55°12 ́37 N. longitude 132°49 ́69 W. to latitude 58°17 ́98 N. longitude 134°26 ́10 W. to latitude 56°58 ́37 N. longitude 133°56 ́73 W. to latitude 55°33 ́27 N. longitude 133°06 ́10 W. to latitude 55°07 ́86 N. longitude 131°34 ́68 W. to latitude 56°48 ́67 N. longitude 132°57 ́60 W. to latitude 56°14 ́81 N. longitude 134°38 ́88 W. to latitude 57°03 ́12 N. longitude 135°20 ́77 W. to3

latitude 55°31 ́77 N. longitude 133°38 ́50 W. to latitude 56°27 ́97 N. longitude 132°22 ́80 W. to latitude 55°17 ́77 N. longitude 133°14 ́60 W. to latitude 59°33 ́74 N. longitude 139°44 ́46 W. back to latitude 58°11 ́71 N. longitude 136°20 ́84 W.

2. When Misty Fjords conducts operations under this exemption—

a. Sky obscuration must exceed five-tenths cloud coverage and must preclude VFR flight at or above 500 feet above the surface.

b. Aircraft position and anticollision lights must be on and functioning.

c. Aircraft may be operated below 500 feet above the surface down to an altitude of 400 feet above the surface only when the—

i. Flight visibility is at least 2 miles;

ii. Surface wind velocity along the approved route is 12 knots or less; and

iii. Height of the sea (waves) is 1 foot or less.

d. Aircraft may be operated below 400 feet above the surface down to an altitude of 200 feet above the surface only when the—

i. Flight visibility is at least 3 miles;

ii. Surface wind velocity along the approved route is 12 knots or less; and

iii. Height of the sea (waves) is 1 foot or less.

e. Wind and sea conditions must allow for the safe accomplishment of an unscheduled landing.

3. Misty Fjords is not authorized to conduct operations under this exemption within Canadian airspace.

4. Misty Fjords is not authorized to operate an aircraft under this exemption at an altitude
of less than 200 feet above the surface.

5. Misty Fjords must provide each pilot operating under this exemption with annual training on the conditions and limitations of this exemption.4

6. Before conducting operations under this exemption, Misty Fjords must obtain approval for the routes to be flown from its certificate holding district office.

This exemption terminates on March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/
John W. McGraw Acting Director, Flight Standards Service

Enclosure