FAA Docket Management System 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 

To Whom It May 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 relief from 14 CFR § 136.9(a) which requires passengers and flight crew to wear 

life preservers for the duration of air tour flights under certain circumstances. Should relief be 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 of a forced landing in water with air tour 

passengers, well below the acceptable level of risk (10-6). By adhering to these measures, the petitioner assures a 

higher level of safety than that provided by existing regulations. 

Furthermore, the risk of entrapment in a helicopter underwater egress scenario for untrained tourists is unacceptably 

high. This, combined with the difficulty of survival in the frigid waters of Alaska, 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 of an emergency, the proper use of 

passenger restraints, and post-crash egress techniques. 

Turbomeca, the manufacturer of the Ariel model turbine engine which powers each ofTEMSCO's helicopters, 

asserts a mean-time between failures of 5 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 of 6.66 x 10 -

9, well less than the 

acceptable risk. (5,000,000 hour x 60 minutes divided by 2 minutes= .000000006666 or 6.66 x 10 -9) 

However, the intent of this exemption request is to guarantee that TEMSCO's helicopters are always operated in a 

manner that excludes the possibility of landing in the water, even considering the statistically negligible risk of 

engine failure. If approved, the level of operational discipline described in this exemption request will far exceed 

the level of safety currently afforded by operating in accordance with 14 CFR §§ 136.9 and 136.11. 
Conditions in Support of Exemption 

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 of Alaska 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 of this 

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 of wind 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 of these specific landing sites using an FAA approved training 

module added to its 14 CFR § 135 training program. The module will address the glide distance of the 

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 of single engine helicopters 

operated over water to wear life preservers by writing: 

It is important for those required to wear life preservers to do so even if the flight is operated within poweroff gliding distance of the shoreline. In an emergency, the pilot might not maneuver to get to an acceptable 

landing area beyond the shoreline. Also, the pilot might know the power-off glide distance, but might err in 

estimating the actual distance to shore. In other words, pilots of both helicopters and airplanes may 

overestimate gliding capability. 
This comment from the preamble was used by the FAA to justify its rejection of previous petitions 1 for relief from 

the life preserver mandate. However, the conditions offered in support of these 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, if approved, 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 of Certificate# HXSA004A 

Sections of 14 CFR §§ 136.9(a), 136.11(a), and 136.11 (c)(2) 

TEMSCO is seeking relief from the requirement that all occupants must wear life preservers on helicopter air tour 

flights that follow the routes depicted in this exemption request. If granted, relief is also requested from equipping 

its helicopters with floats that otherwise would not be required. 

TEMSCO proposes a higher level of safety than afforded by 14 CFR §§ 136.9 and 136.11 by virtually eliminating 

the risk of an emergency landing in the water by the self-imposition of the additional restrictions outlined in this 

exemption request. This plan will be augmented by the implementation of a training program that addresses the 

glide distance of the type of helicopters being operated and techniques for extending that glide. 

In the highly unlikely event of a TEMSCO helicopter landing in the water, TEMSCO asserts that entrapment is a 

more likely cause of death than survival in the water following a successful egress. Therefore, TEMSCO places 

emphasis on briefmg air tour passengers on egress procedures and, if necessary, proper utilization of life 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 of a 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 of this subpart if the 

Administrator fmds that the operation can be conducted with an equivalent level of safety under the terms of the 

deviation: § 136.3, Minimum altitudes;§ 136.5, Standoff distance; § 136.7, Visibility;§ 136.9, Cloud clearance; 

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

(b) For§ 136.13, Life preservers, and 

§ 136.15, Helicopter floats, the Administrator will consider the size and nature of the body of water and any 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 of single-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 of the deviation procedure outline in the NPRM. 

Additionally, this exemption request outlines procedures consistent with the NTSB recommendation cited above that 

served as a basis of this rule making, the exemption request is also in line with the currently approved GRANT OF 

EXEMTION of North 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 

= Minimum Autorotation,611de Distance AS-350 at 2,000ft: AGL w/ No Wind 

• • • • • • • • = Autorutatlon Glide Distance Given a 30kt Easterly Wind at 1700ft/mln 

rate of descent from 2,000ft: AGL with a 65kt allele speed 
Proposed Auke Bay Route- Easterly Wind 

= Minimum Autorotatlon Glide Distance AS-350 at 2,000ft: AGL w/ No Wind 

• • • • • • • • = Autorotatlon Glide Distance Given a 30kt Easterly Wind at 1700ft/mln 

rate of descent from 2,000ft AGL with a 65kt slide speed 
Proposed Auke Bay Route- Westerly Wind 

= Minimum Autorotatlon Glide Distance AS-350 at 2,oooft AGL w/ No Wind 

• • • • • • • • = Autorotatlon Glide Distance Given a 30kt Westerty Wind at 1700ft/mln 

rate of descent from 2,000ft: AGL with a 65kt allde speed 
Proposed Auke Bay Route- Westerly Wind 

= Minimum Autorotatlon Glide Distance AS-350 at 2,000ft: AGL w/ No Wind 

• • • • • • • • = Autorotatlon Glide Distance Given a 30kt Westerly Wind at 1700ft/mln 

rate of descent from 2,000ft: AGL with a 65kt 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 Distance AS-350 at 2,000ft AGL w/ No Wind 

• • • • • • • • = Autorotatlon Glide Distance Given a 30kt Westerly Wind at 1700ft/min 

rate of descent from 2,000ft AGL with a 65kt slide speed 
Proposed Auke Bay Route- Easterly Wind 

= Minimum Autorotatlon Glide Distance AS-350 at 2,000ft AGL w/ No Wind 

• • • • • • • • = Autorotatlon Glide Distance Given a 30kt Easterly Wind at 1700ft/mln 

rate of descent from 2,000ft AGL with a 65kt slide speed 

=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