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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

Sheryl R. Israel, Counsel

+1.202.637.8898 (direct phone)

+1.866.728.1992 (direct fax)

srisrael@hhlaw.com

U.S. Department of Transportation

Docket Operations 

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590

Re: Petition of Peninsula Airways, Inc. for an Extension of 

FAA Exemption No. 6963F, Docket FAA-2000-8463

Dear Sir or Madam:

Peninsula Airways, Inc. (“PenAir”) hereby petitions the Administrator of the Federal Aviation 

Administration (“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. § 91.323(b)(4) to the extent necessary 

to allow PenAir to operate two Grumman Goose G-21A amphibian 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 31, 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. 29215), 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 

made 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 

publishing 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 PenAir’s service with its G-21A 

amphibian 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.
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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 

Administrative 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 

consistently 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 communities 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 that 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 conditions 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 operations 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. 

WHEREFORE, for the foregoing 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 level of safety. 

Respectfully submitted,

Robert E. Cohn

Sheryl R. Israel

Counsel for Peninsula Airways, Inc.

d/b/a PenAir

cc: Danny Seybert

Scott Bloomquist
ATTACHMENT

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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.: FAA-2000-8463

 (formerly FAA Regulatory 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 Grumman Goose G-21A amphibian aircraft at a maximum weight of 8,920 

pounds, which exceeds the aircraft’s maximum certificated weight.