### NorthStar Trekking LLC

PO Box 32540  Juneau, Alaska 99803 Phone (907) 790

- 4530  Fax (907) 790

- 4419 www.northstartrekking.com info@northstartrekking.com January, 30, 2014

FAA Docket Management System U.S. Department of Transportation 1200 New Jersey Avenue, S.E.

To Whom It May Concern,

NorthStar Trekking L.L.C. , henceforth NorthStar, hereby submits the following petition for exemption from the requirem ents of 14 CFR §§136.9(a), 136.11(a) and 136.11(c)(2) as they apply to three specific flight routes that are used in conjunction with NorthStar’s glacier trekking tours in Juneau, Alaska.

Pertinent Regulations This petition for exemption seeks relief fr om 14 CFR § 136.9(a) which requires passengers and flight crew to wear life preservers for the duration of air tour flights under certain circumstances. Should relief be granted from 14 CFR 136.9(a), NorthStar further requests exemption from 14 CFR § 136. 11, which requires fixed or inflatable floats under certain circumstances, because the mitigating conditions described within 14 CFR § 136.11(c)(2) would no longer apply.

Basis for this Exemption This petition will outline measures that will further reduce the possibility of a forced landing in water with air tour passengers, well below the acceptable level of risk (10 - 6 ). By adhering to these measures, the petitioner assures a higher level of safety than that provided by existing regulations.

Furtherm ore, the risk of entrapment in a helicopter underwater egress scenario for untrained tourists is unacceptably high. This, combined with the difficulty of survival in the frigid waters of Alaska, leads NorthStar to a conviction that safety priorities shoul d be focused on ensuring that aircraft are operated over specified and approved routes at an airspeed and altitude that enable the helicopter to reach dry land in the event of an emergency, the proper use of passenger restraints, and post

- crash egress tech niques.

Turbomeca, the manufacturer of the Ariel model 1D1 turbine engine which powers each of NorthStar Trekking’s helicopters, asserts a mean

- time between failures of 5 million hours. Notwithstanding the mitigating measures that follow in this petitio n, this factor alone is within the acceptable risk published by the FAA following the following

formula.

The longest exposure time for NorthStar Trekking is the Auke Bay route (see the attached diagram). The total time

over water on this route is less than 2 minutes which results in an exposure risk of 6.66 x 10 - 9 , well less than the acceptable risk. (5,000,000 hour x 60 minutes divided by 2 minutes = .000000006666 or 6.66 x 10 - 9 )

However, the intent of this exemption request is to guarantee that N orthStar’s helicopters are always operated in a manner that excludes the possibility of landing in the water, even considering the statistically negligible risk of engine failure. If approved, the level of operational discipline described in this exemptio n request will far exceed the level of safety currently afforded by operating in accordance with 14 CFR §§ 136.9 and 136.11.

### NorthStar Trekking LLC

PO Box 32540  Juneau, Alaska 99803 Phone (907) 790

- 4530  Fax (907) 790

- 4419 www.northstartrekking.com info@northstartrekking.com 2 Conditions in Support of Exemption

1. Attached to this request for exemption are graphical depictions of NorthStar’s intended routes beyond the shoreline, minimum altitudes and pre

- designated suitable landing areas for which NorthStar is requesting inspection and approval by their Principal Operations Inspector (POI) for inclusion into their 14 CFR §135 Operations Specifications.

2. These graphical depictions contain an overlay of aircraft manufacturer’s autorotative glide data which will prove that the pre

- designated landing areas are realistically reachable with a wide margin of safety. It is expected that NorthStar will be required to demonstrate this capability to their POI using NorthStar aircraft loaded as if conducting typical air tour operations.

3. Wind Effects on Depicted Routes:

a. The average wind speed in the Auke Bay region of Alaska is 8.43 MPH (7 knots) as established by the

Nati onal Weather Service with prevailing winds from approximately 090 and 270 degrees depending on the meteorological pattern.

b. Glide distances to the specific landing areas in the graphical route depictions can be demonstrated with winds from any azimuth in ex cess of 30 knots. NorthStar will not perform helicopter tour flights with winds above 30 knots while exercising the privileges of this exemption.

c. The Auke Bay route is the only intended route where glide distances to suitable landing areas can possibly be compromised due to high winds. Therefore, an overlay has been made indicating the effects on glide distances of 30 knots of wind from the most prevalent directions in the Juneau area (easterly and westerly). An additional overlay indicates a 20% redu ction in the glide distance accounting for delays in pilot reaction and the penalty for changing direction.

4. NorthStar will train pilots annually in the use of these specific landing sites using an FAA approved training
module added to its 14 CFR § 135 trai ning program. The module will address the glide distance of the AS350 as affected by weight and variable wind conditions. Additionally, NorthStar will train pilots in techniques for extending glide distances significantly further than those depicted on t he graphical depictions.

5. Any changes in engine type being operated by NorthStar Trekking will require that NorthStar Trekking prepare an analysis demonstrating the acceptable exposure risk of due to engine failure.

6. NorthStar will incorporate into its Opera tion Specifications a requirement for its p ilots to operate at or above the altitude needed to maintain power

- off glide cap ability to the site

- specific emergency landing areas from any point on each of the subject routes.

7. NorthStar will continue to mak e life preservers readily available to each passenger on all air tour flights. Life preservers are mounted in NorthStar helicopters in an open slot located between each passenger’s legs. This location is entirely free from interfering with the passenger’ s lap or shoulder harness and virtually eliminates the chance of an entanglement during an underwater egress scenario.

8. NorthStar will instruct passengers on the location of, and proper donning and use of life preservers following a successful egress from the aircraft in the unlikely event of a forced water landing.

In the preamble to the Final Air Tour Rule, the FAA defended its mandate for occupants of single engine helicopters operated over water to wear life preservers by writing:

It is important for those required to wear life preservers to do so even if the flight is operated within power

- off gliding distance of the shoreline. In an emergency, the pilot might not maneuver to get to an acceptable landing area beyond the shoreline. Also, the pilot might know the power

- off glide distance, but might err in estimating the actual distance to shore. In other words, pilots of both helicopters and airplanes may overestimate gliding capability.

### NorthStar Trekking LLC

PO Box 32540  Juneau, Alaska 99803 Phone (907) 790

- 4530  Fax (907) 790

- 4419 www.northstartrekking.com info@northstartrekking.com 3 This comment from the preamble was used by the FAA to justify its rejection of previous petitions 1 for relief from the life preserver mandate. However, the conditions offered in support of these proposed exemptions address each objection raised by the FAA in the preamble to the final rule. Annual pilot training on the site

- specific, pre

- approved landing areas will ensure there will be no confusion, no reason for overestimating gliding capability, or being unable to maneuver to an acceptable landing area.

Additionally, if approved, these exemptions will carry wit h them the following safety advantages:

1. Improvement of crash survivability due to less complicated use of aircraft restraint devices and elimination of inadvertently intertwining restraint devices and life preserver straps

2. Elimination of entanglement and entrapment hazards due to unintentional or premature inflation of life vests which could create impediments to expeditious evacuation in the event of an emergency landing

3. Decongestion and consequent reduced risk of mid

- air collision on current air tour ro utes designed for strict compliance with 14 CFR§§136.9 and 136.11

4. Improvement of current air tour routes over extreme terrain and heavily forested areas designed for strict compliance with 14 CFR§§136.9 and 136.11 Summary Petitioner: NorthStar Trekking LLC , holder of Certificate # N5JA943I Sections of 14 CFR §§ 136.9(a), 136.11(a), and 136.11 (c)(2)

NorthStar is seeking relief from the requirement that all occupants must wear life preservers on helicopter air tour flights that follow the routes depicted in this exemption request. If granted, relief is also requested from equipping its helicopters with floats that otherwise would not be required.

NorthStar proposes a higher level of safety than afforded by 14 CFR §§ 136.9 and 136.11 by virtually eliminati ng the risk of an emergency landing in the water by the self

- imposition of the additional restrictions outlined in this exemption request. This plan will be augmented by the implementation of a training program that addresses the glide distance of the ty pe of helicopters being operated and techniques for extending that glide.

In the highly unlikely event of a NorthStar helicopter landing in the water, NorthStar asserts that entrapment is a more likely cause of death than survival in the water following a successful egress. Therefore, NorthStar places emphasis on briefing air tour passengers on egress procedures and, if necessary, proper utilization of life preservers. NorthStar’s life preservers are stowed for immediate access in open slots between eac h passenger’s legs. This storage technique eliminates any potential for the life preserver to become entangled with the aircraft’s seatbelts or shoulder harnesses and it decreases the chance of a passenger prematurely inflating the life preserver while st ill inside the aircraft.

REFERENCES: 136.21 Deviation procedures (from NPRM) An air tour operator may be issued a deviation by the Administrator from the following sections of this subpart if the Administrator finds that the operation can be conducted w ith an equivalent level of safety under the terms of the deviation: § 136.3, Minimum altitudes; § 136.5, Standoff distance; § 136.7, Visibility; § 136.9, Cloud clearance; § 136.13, Life preservers; and § 136.15, Helicopter floats. (b) For § 136.13, Life pr eservers, and § 136.15, Helicopter floats, the Administrator will consider the size and nature of the body of water and any other factors, as appropriate, when determining whether a deviation will be approved. (Italics added for emphasis)

NTSB Recommendat ion Number A

– 99

– 57 (cited in NPRM) Require all occupants of single

- engine airplanes and single

- engine helicopters operated for hire (air taxi and air tour) to wear life preservers when the aircraft is operating over water, whether float

- equipped or not, u nless it is operated at an altitude that allows it to reach a suitable landing area in the case of an engine failure. ( Italics added for emphasis )

1 Papillon’s renewal request [exemption 9491(A)] and NorthStar requests [exemption 9934 a nd 10331]

### NorthStar Trekking LLC

PO Box 32540  Juneau, Alaska 99803 Phone (907) 790

- 4530  Fax (907) 790

- 4419 www.northstartrekking.com info@northstartrekking.com 4 NOTE: This exemption request is consistent with the exact intent of the deviation procedure outline in the N PRM. Additionally, this exemption request outlines procedures consistent with the NTSB recommendation cited above that served as a basis of this rule making.