FAA Docket Management System U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, DC
To Whom ItMay Concern, KETCHIKAN: ;)**~AX:'** ' PETERSBURGi 

### SKAGWAY: JUNEAU: (907) 225-5141**~-** c(907) 225-2340

- (907) 772-4780 (907) 983-2909 (907) 789-9501

TEMSCO Helicopters Inc., henceforth TEMSCO, hereby submits the following petition for exemption from the requirements 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 TEMSCO's glacier tours in Juneau, Alaska. 

### Pertinent Regulations This petition for exemption seeks relieffrom 14 CFR 

### § 136.9(a) which requires passengers and flight crew to wear life preservers for the duration ofair tour flights under certain circumstances. Should reliefbe granted from 14 CFR 136.9(a), TEMSCO 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 ofa forced landing in water with air tour passengers, well below the acceptable level ofrisk (10-6). By adhering to these measures, the petitioner assures a higher level ofsafety than that provided by existing regulations. Furthermore, the risk ofentrapment in a helicopter underwater egress scenario for untrained tourists is unacceptably high. This, combined with the difficulty ofsurvival in the frigid waters ofAlaska, leads TEMSCO to a conviction that safety priorities should 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 ofan emergency, the proper use of passenger restraints, and post-crash egress techniques. Turbomeca, the manufacturer ofthe Ariel model turbine engine which powers each ofTEMSCO's helicopters, asserts a mean-time between failures of5 million hours. Notwithstanding the mitigating measures that follow in this petition, this factor alone is within the acceptable risk published by the FAA following the following formula. The longest exposure time for TEMSCO 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 of6.66 x 10

- 9
, well less than the acceptable risk. (5,000,000 hourx 60 minutes divided

### by 2 minutes= .000000006666 or 6.66x 10

- 9 ) However, the intent ofthis exemption request is to guarantee that TEMSCO's helicopters are always operated in a manner that excludes the possibility oflanding in the water, even considering the statistically negligible risk of engine failure. Ifapproved, the level ofoperational discipline described in this exemption request will far exceed the level ofsafety currently afforded by operating in accordance with 14 CFR 

### §§ 136.9 and 136.11.

### Conditions in Support ofExemption 1. Attached to this request for exemption are graphical depictions ofTEMSCO's intended routes beyond the shoreline, minimum altitudes and pre-designated suitable landing areas for which TEMSCO is requesting inspection and approval by their Principal Operations Inspector {POl) 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 TEMSCO will be required to demonstrate this capability to their POl using TEMSCO 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 ofAlaska is 8.43 MPH {7 knots) as established by the National 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 excess of 30 knots. TEMSCO will not perform helicopter tour flights with winds above 30 knots while exercising the privileges ofthis 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 ofwind from the most prevalent directions in the Juneau area (easterly and westerly). An additional overlay indicates a 20% reduction in the glide distance accounting for delays in pilot reaction and the penalty for changing direction. 4. TEMSCO will train pilots annually in the use ofthese specific landing sites using an FAA approved training module added to its 14 CFR § 135 training program. The module will address the glide distance ofthe AS350 as affected by weight and variable wind conditions. Additionally, TEMSCO will train pilots in techniques for extending glide distances significantly further than those depicted on the graphical depictions. 5. Any changes in engine type being operated by TEMSCO will require that TEMSCO prepare an analysis demonstrating the acceptable exposure risk due to engine failure. 6. TEMSCO will incorporate into its Operation Specifications a requirement for its pilots to operate at or above the altitude needed to maintain power-off glide capability to the site-specific emergency landing areas from any point on each of the subject routes. 7. TEMSCO will continue to make life preservers readily available to each passenger on all air tour flights. Life preservers are mounted in TEMSCO 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. TEMSCO 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 ofsingle engine helicopters operated over water to wear life preservers by writing: It is important for those required to wear lifepreservers to do so even if the flight is operatedwithinpoweroff gliding distance of the shoreline. In an emergency, thepilot might not maneuver to get to an acceptable landing area beyondthe shoreline. Also, thepilot might know thepower-off glide distance, but might err in estimating the actual distance to shore. In other words, pilots of both helicopters andairplanes may overestimate gliding capability.This comment from the preamble was used by the FAA tojustify its rejection ofprevious petitions 1 for relieffrom the life preserver mandate. However, the conditions offered in support ofthese proposed exemptions address each objection raised by the FAA in the preamble to the final rule. Annual pilot training on the site-specific, preapproved 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, ifapproved, these exemptions will carry with 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 routes 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: TEMSCO Helicopters Inc., holder ofCertificate# HXSA004A Sections of 14 CFR §§ 136.9(a), 136.11(a), and 136.11 (c)(2) TEMSCO is seeking relieffrom the requirement that all occupants must wear life preservers on helicopter air tour flights that follow the routes depicted in this exemption request. Ifgranted, reliefis also requested from equipping its helicopters with floats that otherwise would not be required. TEMSCO proposes a higher level ofsafety than afforded by 14 CFR §§ 136.9 and 136.11 by virtually eliminating the risk ofan emergency landing in the water by the self-imposition ofthe additional restrictions outlined in this exemption request. This plan will be augmented by the implementation ofa training program that addresses the glide distance ofthe type ofhelicopters being operated and techniques for extending that glide. In the highly unlikely event ofa TEMSCO helicopter landing in the water, TEMSCO asserts that entrapment is a more likely cause ofdeath than survival in the water following a successful egress. Therefore, TEMSCO places emphasis on briefmg air tour passengers on egress procedures and, ifnecessary, proper utilization oflife preservers. TEMSCO's life preservers are stowed for immediate access in open slots between each 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 ofa passenger prematurely inflating the life preserver while still 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 ofthis subpart ifthe Administrator fmds that the operation can be conducted with an equivalent level ofsafety under the terms ofthe deviation: § 136.3, Minimum altitudes;§ 136.5, Standoffdistance; § 136.7, Visibility;§ 136.9, Cloud clearance;

1 Papillon's renewal request [exemption 9491(A)] and NorthStar requests [exemption 9934 and 10331]§ 136.13, Lifepreservers; and§ 136.15, Helicopter floats. 

### (b) For§ 136.13, Lifepreservers, and § 136.15, Helicopter floats, the Administrator will consider the size andnature of the body of water andany other factors, as appropriate, when determining whether a deviation will be approved (Italics added for emphasis) NTSB Recommendation Number A-99-57 (cited in NPRM) Require all occupants ofsingle-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, unless 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) NOTE: This exemption request is consistent with the exact intent ofthe deviation procedure outline in the NPRM. Additionally, this exemption request outlines procedures consistent with the NTSB recommendation cited above that served as a basis ofthis rule making, the exemption request is also in line with the currently approved GRANT OF EXEMTION ofNorth Star Trekking LLC., who is also under the same ownership ofTEMSCO Helicopters Inc.
Respectfully Submitted,

# ~#l;:iL Sr. vice President TEMSCO Helicopters Inc. Office: 907-225-5141 Fax: 907-225-2340

# Proposed Auke Bay Route- Easterly 

# Wind 

# =

MinimumAutorotation,611de 

## DistanceAS-350 

# at 2,000ft:AGL 

# w/ No

## Wind


# •••••••• = Autorutatlon 

## Glide Distance Given a30kt 

## EasterlyWind 

# at 1700ft/mln rate 

## of

## descent

# from 2,000ft:AGL

# with a65kt

# allele speed

# Proposed Auke Bay Route- Easterly

# Wind 

# =

Minimum Autorotatlon 

## Glide DistanceAS-350 

# at2,000ft:AGL 

# w/ No

## Wind


# •••••••• = Autorotatlon 

## Glide 

## Distance Given a

# 30ktEasterly

## Wind 

# at 1700ft/mln 

# rate of

# descentfrom 2,000ft

## AGL

# with a65kt

# slide speed

# Proposed Auke Bay Route- 

# Westerly Wind
=

Minimum 

## Autorotatlon Glide DistanceAS-350 

# at 2,oooftAGL 

# w/ No

## Wind


# •••••••• = Autorotatlon Glide DistanceGiven a

# 30ktWesterty

## Wind 

# at 1700ft/mln 

# rate ofdescent

# from 2,000ft:AGL

# with a65kt allde 

## speed

# Proposed Auke Bay Route- WesterlyWind
=Minimum Autorotatlon 

## Glide DistanceAS-350 

# at 2,000ft:AGL 

# w/ No Wind



# • • • • • • • • = Autorotatlon 

## Glide Distance Given a30kt 

## WesterlyWind 

# at 1700ft/mln 

## rate ofdescent

## from 2,000ft:AGL

# with a65kt slide speed 

## =Proposed Landlns Site

# Proposed Auke Bay Route



# = Minimum Autorotation Glide Distance AS-350 at 

# 2,000 AGL =Proposed Landing Site

# Proposed Auke Bay Route- Westerly Wind 

# =

Minimum Autorotatlon 

## Glide DistanceAS-350 

# at 2,000ftAGL 

# w/No Wind


# •••••••• = Autorotatlon Glide Distance Given a30kt

## WesterlyWind 

# at 1700ft/min 

# rate of

## descentfrom 

## 2,000ftAGL

# with a65ktslide speed

# Proposed Auke Bay 

# Route- Easterly

# Wind 

# =

MinimumAutorotatlon 

## Glide DistanceAS-350 

# at2,000ft

## AGL 

# w/No Wind 

# •••••••• = Autorotatlon 

## Glide Distance Given a30kt 

## EasterlyWind 

# at 1700ft/mln rate 

## of

# descentfrom 2,000ft

## AGL

# with a65ktslidespeed 

## =Proposed 

## Landll'tl Site

# Proposed Auke Bay 

# Route

=Minimum Autorotation Glide Distance AS-350 at 2,000 AGL =Proposed Landing Site

# Proposed Auke Bay Route

=Minimum Autorotation Glide Distance AS-350 at 2,000 AGL =Proposed Landing Site