AFS-10-143-E 

March 8, 2010 

 Exemption No. 6963F 

 Regulatory Docket No. FAA-2000-8463 

Robert E. Cohn, Esq. 

Counsel for Peninsula Airways, Inc. 

Hogan & Hartson LLP 

555 Thirteenth Street, NW. 

Washington, DC 20004 

Dear Mr. Cohn: 

This letter is to inform you that we have granted your petition to extend Exemption No. 6963, 

as amended. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated January 28, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Peninsula Airways, Inc. (PenAir), for an extension of Exemption No. 6963, as 

amended. That exemption from § 91.323(b)(4) allows PenAir to operate two Grumman 

Goose G-21A amphibian aircraft at a weight that exceeds the certificated weight at which the 

climb performance was demonstrated. 

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 because the requested extension of the exemption would not set a 

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

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 6963, 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. 40113 and 44701, which the FAA 
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Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations and all other sections of § 91.323. 

Conditions and Limitations

1. Before any operation is conducted under this exemption, the FAA principal operations 

inspector (POI) assigned to PenAir must amend PenAir’s operations specifications to 

include this exemption. 

2. Before any operation is conducted under this exemption, PenAir must provide the POI 

with acceptable documentation applicable to each route PenAir 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 PenAir 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. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 6963, as amended, to 

May 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service