April 27, 2015

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 20590

Re: Request for Exemption; 14 CFR 61.159(a)(3)

Petitioner:

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

by its Vice President of Operations John B. Guest

Petitioner’s Contact Information:

268 Muñoz Rivera Ave., 9th floor

San Juan, PR 00918

(787) 946-7800

bguest@seaborneairlines.com

Background:

Seaborne Virgin Islands, Inc., doing business as Seaborne Airlines, holds Air Carrier Certificate Number: 

S9BA675J and has operations specifications authorizing it to conduct domestic, flag and supplemental 

operations in the islands of the Caribbean. Seaborne Airlines provides vital and essential passenger service 

from Puerto Rico to 16 destinations in the Caribbean using the Saab 340 Turbo Prop.

In addition, Seaborne Airlines provides scheduled passenger operations using the seaplane configuration of 

the DeHavilland DHC-6-300 between St. Thomas, VI (SPB) Charlotte Amalie Harbor and St Croix, VI (SSB) 

Christiansted Harbor. This seaplane operation provides essential air service to the people of the U.S. Virgin 

Islands. In the year 2014, Seaborne Airlines carried 70,000 passengers between these two stations. 

Seaborne Airlines is the only Part 121 air carrier using seaplane operations in the United States and, to our 

knowledge, the world.

Nature and Extent of the Requested Relief:

After August 2014, certain regulatory changes now require Part 121 first officers to hold an Airline 

Transport Pilot certificate with the appropriate category, class and type rating (when applicable). In 

addition, 14 CFR 61.159, “Aeronautical Experience: Airplane Category Rating,” now requires, in part, that 

an applicant for an Airline Transport Pilot certificate must have 50 hours of flight time in the class of 

airplane for the rating sought.

Seaborne Airline is easily able to staff the ATP pilot needs for the Saab 340 aircraft (landplane). However, 

the new requirement in Part 61.159(a)(3) for an applicant for an Airline Transport Pilot certificate, 

Airplane Multi-engine Sea to have 50 hours of experience in multi-engine seaplanes reduces the available 

pool of qualified ATP multi-engine seaplane applicants to almost nil. Simply put, there are not enough ATP 

qualified multi-engine seaplane pilots available for Seaborne Airlines to staff its seaplane operation with 

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ATP first officers. The effect has been that Seaborne Airlines has had to reduce its essential seaplane air 

service to the seaplane ports named above because of the unavailability of ATP rated seaplane pilots.

As a result, Seaborne Airline is requesting relief from the regulatory requirement listed in the next 

paragraph.

Relief Sought from Regulatory Sections:

Seaborne Airlines is requesting partial relief from 14 CFR 61.159(a)(3) “50 hours of flight time in 

the class of airplane for the rating sought.” (The provisions of the exemption request apply only to 

the applicants for an ATP Multi-Engine Sea certificate.)

Seaborne Airlines proposes to hire appropriately rated pilots and qualify them in our DeHavilland DHC-6-

300 seaplane using the FAA Approved Seaplane Training Program. This training would include no less 

than (10) ten hours of actual flight time in the DeHavilland DHC-6-300 seaplane. Then under the terms of 

the exemption, ATP candidates for Airplane Multi-engine Sea could apply for the practical test with a 

minimum of (10) ten hours of Multi-Engine Sea flight time.

Seaborne Airlines proposes that the exemption relief from 61.159(a)(3) would allow in part; 

“10 hours of flight time in the DeHavilland Seaplane.”

Once the airman has successfully completed training under the terms of the exemption, the pilot would

then apply to the FAA or Examiner to take the practical test for an Air Transport Pilot certificate – MultiEngine Sea. Upon successful completion of the test, the applicant would be issued an ATP Multi-Engine Sea

certificate that contains the following restrictions:

1. ATP Multi-Engine Seaplane privileges limited to VFR Day operations.

2. Holder is prohibited from serving as Pilot-in-Command in air carrier operations.

The exemption would allow Seaborne Airlines to assign the holder of this restricted ATP Multi-Engine Sea

certificate as First Officer. This airman would then complete the Operational Experience requirement of 14 

CFR Part 121.434 under the supervision of a Check Airman in accordance with Seaborne Airlines’ FAA 

Approved Training Program consisting of not less than (50) fifty hours of seaplane time.

The exemption would contain a provision that the holder of the restricted ATP certificate could make 

application to have the restriction removed by presenting acceptable documentation to the FAA that 

he/she had obtained (50) fifty hour of flight time in multi-engine seaplanes.

Equivalent Level of Safety:

The Equivalent Level of Safety will be provided in two (2) areas.

Firstly, seaplane activities have unique characteristics that substantially reduce the complexity of flight 

operations that are normally associated with the all-weather and cold weather operations typical of most 

air carrier’s environment. The most notable are:

• All seaplane operations are limited to daylight hours.

• There are no instrument approach capabilities to the seadromes Seaborne Airlines serves.

• All takeoffs, approaches and landings must made in visual meteorological conditions (VMC).

• The seaplane activity is limited to the two (2) seadromes listed in the “Background” paragraph.

• The two (2) seadromes listed are not subject to ground or inflight icing conditions.

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The second factor in providing the Equivalent Level of Safety involves the limitations placed on the holder 

of the restricted Airline Transport Certificate and Seaborne Airlines’ pilot training plan involving these 

airmen as first officers. These factors are as follows:

• ATP Applicants will receive a restricted ATP Multi-Engine Sea certificate.

• Airman’s restricted ATP Multi-Engine Sea certificate is limited to VFR, Day.

• Airman’s restricted ATP Multi-Engine Sea certificate prohibits him/her from serving as Pilot-inCommand in air carrier operations.

• First Officers with a restricted ATP Multi-Engine Sea must fly under the supervision a Seaborne 

Airlines’ Check Airman.

Analysis:

In the wake of the United States Congress passing Regulations and Laws affecting the Safety of Flight for 

121 airlines in the United States, created a set of rules that, in part, included experience and time in aircraft 

for ratings sought for 121 airlines. Unfortunately, the rulemaking did not envision the pilot shortage for 

the only Part 121 scheduled seaplane operations in the United States.

Seaborne Airlines has been the leading authority on 121 scheduled seaplane flying for the last 21 plus 

years. Given Seaborne Airlines’ vast experience, our assessment is the 50-hour flight time limit placed on 

an airman prior to being eligible to obtain an ATP add-on seaplane rating has created an extreme hardship 

for prospective 121 seaplane pilots and Seaborne Airlines. Furthermore, we believe that in this instance, 

the rule as Congress had intended had an unanticipated effect on our ability to crew our seaplanes.

Benefit to the Public Interest:

Should Seaborne Airlines fail to obtain an exemption as requested, the airline will be forced to conduct 

operations in accordance with regulatory requirements with lesser safety standards, specifically Part 135. 

This will create a significant hardship for the passengers and would impact operations on the lifeline 

between the U.S. Virgin Islands. If Seaborne Airlines is unsuccessful in obtaining the requested exemption, 

the shortage of qualified aircrew members will force a major reduction in scheduled service on the 

seaplane. Ultimately many of our passengers would be forced to fly on Part 135 "9 or less" piston powered 

aircraft or worse, single pilot/single engine aircraft over open water. This would be an unintended 

consequence of the requirement of this regulation.

Seaborne Airlines' seaplane operation between St. Thomas and St. Croix is one of extreme importance to 

the economy of the Virgin Islands. Currently, Seaborne Airlines carries approximately 70,000 passengers

annually between St. Croix, VI and St. Thomas, VI. Without our frequent and convenient flights operating 

safely under Part 121 - many aspects of this strategically vital part of the United States would grind to a 

halt. This matter is one of grave importance to air commerce in the Virgin Islands. Therefore, we believe 

that granting of this exemption, which provides passengers with continued access to turbo-propeller 

powered twin engine aircraft operating at the highest level of safety, is in the public interest.

Summary for Publication in the Federal Register:

Seaborne Virgin Islands, Inc., doing business as Seaborne Airlines, holds Air Carrier Certificate Number: 

S9BA675J and has operations specifications authorizing it to conduct domestic, flag and supplemental 

operations in the islands of the Caribbean. Seaborne Airlines provides vital and essential passenger service 

from Puerto Rico to 16 destinations in the Caribbean the Saab 340 Turbo Prop.

In addition, Seaborne Airlines provides scheduled passenger operations using the seaplane configuration of 

the DeHavilland DHC-6-300 between St. Thomas, VI (SPB) Charlotte Amalie Harbor and St Croix, VI (SSB) 

Christiansted Harbor. This seaplane operation provides essential air service to the people of the U.S. Virgin 

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Islands. Seaborne Airlines is the only Part 121 air carrier using seaplane operator in the United States and,

to our knowledge, the world.

Seaborne Airlines is easily able to staff the ATP pilot needs for the Saab 340 aircraft (landplane). However, 

the new requirement in Part 61.159(a)(3) for an applicant for an Airline Transport Pilot certificate, 

Airplane Multi-Engine Sea to have 50 hours of experience in multi-engine seaplanes reduces the available 

pool of qualified ATP multi-engine seaplane pilots to almost nil. Simply put, there are not enough ATP 

qualified multi-engine seaplane pilots available for Seaborne Airlines to staff its seaplane operation with 

ATP first officers. The affect has been that Seaborne Airlines has had to reduce its essential seaplane air 

service to the seaplane ports named above because the unavailability of ATP seaplane pilots.

As a result, Seaborne Airlines is requesting partial relief from the flight experience requirements of 14 CFR 

61.159(a)(3).

Conclusion:

Seaborne Airlines believes that the level of safety that was intended by the United States Congress and FAA 

can be maintained by the restrictions and limitations provided in the exemption request.

Seaborne Airlines cannot over emphasize the importance of this issue to the government and citizens of the 

United States Virgin Islands. On behalf of our employees, customers and the peoples of the Virgin Islands,

I wish to thank you in advance for your careful consideration of this request for exemption.

John B. Guest

Seaborne Airlines – Vice President of Operations

(787)946-7800

bguest@seaborneairlines.com

John B. Guest | Vice President of Operations

Seaborne Airlines | 268 Muñoz Rivera Avenue, 9th Floor | Hato Rey, Puerto Rico 00918

(e) bguest@seaborneairlines.com |787-946-8403

(w) www.seaborneairlines.com

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