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- 3353282 v1 Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 T +1 202 637 5600 F +1 202 637 5910 www.hoganlovells.com


### January 19, 2012


### By **Electronic Submission Robert E. Cohn, Partner**  +1.202.637.4999 (direct phone) +1. 202.637.5910 (main fax) recohn@hhlaw.com **Shery l R. Israel, Counsel**  +1.202.637.8898 (direct phone) +1.866.728.1992 (direct fax) srisrael@hhlaw.com U.S. Department of Transpo rtation Docket Operations We st Building Ground Floor, Room W1 2
- 140 1200 New Jersey Avenue, S.E. Wa shington, D.C. 20590 **Re: Petition of Peninsula A**  **irways, Inc. for an Extension of FA**  **A Exemption No. 6963F, Docket F**  **AA -**  **2000 -**  **8463** Dear Sir or Madam: Penin sula Airways, Inc. (“PenAir”) hereby petitions the Administrator of the Federal Aviation Adm inistration (“FAA”), pursuant to 14 C.F.R. Part 11, for an extension of Exemption No. 6963F, to continue to exempt PenAir from the requirements of 14 C.F.R. § 91.32 3(b)(4) to the extent necessary to allow PenAir to operate two Grumman Goose G
- 21A am phibian aircraft at a maximum weight of 8,920 pounds, subject to the conditions and limitations set forth in Exemption No. 6963F. Exemption No. 6963F terminates on May 3 1, 2012. PenAir respectfully requests that this exemption be extended for at least two additional years, through May 31, 2014. PenAir hereby incorporates by reference all relevant information previously submitted in its initial request (in Docket No. 292 15), as well as in its subsequent requests for extension and for amendment of the exemption as filed in Docket FAA
- 2000
- 8463. PenAir submits that extension of this exemption is in the public interest and will continue to provide an equivalent level of safety

– both findings that the FAA has continually ma de in granting, amending and extending this exemption since it was first issued on November 5, 1999. PenAir submits that good cause exists for the FAA to act on this petition without delay, and without p ublishing a summary

in the Federal Register or awaiting comments. 1 No new precedent will be established by extending the existing exemption, and the public interest will be served by ensuring ongoing access to the remote Alaska communities that rely on Pe nAir’s service with its G
- 21A am phibian aircraft.

1 PenAir respectfully requests a waiver of the publication and comment requirements of 14 C.F.R. §11.87. Nevertheless, in accordance with § 11.81(f), a summary of this petition for an extension for publication in the Federal Register is set forth in the Attachment.\\ DC

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PenAir is filing this petition in a timely manner, at least 120 days before the expiration of Exemption No. 6963F. PenAir hereby invokes and relies upon the automatic extension provisions of the Adm inist rative Procedure Act, 5 U.S.C. § 558(c), to continue the effectiveness of PenAir’s current exemption pending the FAA’s final determination on this request. In granting, amending and continuously extending Exemption 6963 since 1999, the FAA has consistent ly

determined that grant of the exemption ensures an equivalent level of safety and is in the public interest. Specifically, FAA recognized that the terrain of the remote locations in Alaska is not conducive to runway construction, which is why these comm unities must rely on the Grumman Goose G
- 21A fixed wing amphibian aircraft for the important air services provided by PenAir. If Exemption No. 6963F is not extended, PenAir will be forced to ground its G
- 21A aircraft, thereby isolating the communities tha t rely on PenAir’s service and causing serious hardship for the people who live and work in these areas. As a result, extension of Exemption No. 6963F remains in the public interest. Additionally, the FAA previously determined that compliance with the co nditions and limitations contained in the exemption would ensure an equivalent level of safety. PenAir will continue to comply with all of the conditions and limitations, thereby ensuring an equivalent level of safety for the continuation of all operation s covered by the exemption. There have been no material changes in the conditions and reasons relative to both public interest and safety that have been the basis for FAA granting, amending, and extending the exemption since 1999. WH EREFORE, for the fore going reasons, PenAir respectfully submits that extension of Exemption No. 6963F, to permit PenAir to operate two G
- 21A amphibian aircraft as described herein, for a period of at least two years, is in the public interest and will ensure an equivalent leve l of safety. Respectfully submitted,

Robert E. Cohn Sher yl R. Israel Counsel for Peninsula Airways, Inc. d/b/a PenAir
cc: Danny Seybert Scott BloomquistATTACHMENT

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- 3353282 v1 FEDERAL REGISTER SUMMARY As stated in the foregoing petition, PenAir respectfully requests a waiver of the publication and comment requirements of 14 C.F.R. § 11.87. Nevertheless, in accordance with § 11.81(f), a summary of this Petition for an Extension of Exemption No. 6963F, for publication in the Federal Register is as follows:

Docket No.: F AA
- 2000
- 8463 (formerly FAA Regulator y Docket 29515). Petitioner: Peninsula Airways, Inc. d/b/a PenAir. Section of the FAR Affected: 14 CFR 91.323(b)(4). Description of Relief Sought: To extend Exemption No. 6963F to permit PenAir to operate its Gr umman Goose G
- 21A amphibian aircraft at a maximum weight of 8,920 pounds, which exceeds the aircraft’s maximum certificated weight.