AFS-14-150-E

Exemption No. 11197

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

NORTHSTAR TREKKING LLC Regulatory Docket No. FAA-2014-0063

 

for an exemption from §§ 136.9(a), 

136.11(a), and 136.11(c)(2) of 

Title 14, Code of Federal Regulations 

 

GRANT OF EXEMPTION

By letter dated January 30, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of NorthStar Trekking, LLC (NorthStar) for an exemption from §§ 136.9(a), 

136.11(a), and 136.11(c)(2) of Title 14, Code of Federal Regulations (14 CFR) to the extent 

necessary to allow NorthStar to operate helicopter commercial air tour flights over bodies of 

water and beyond shorelines crossed while equipped with a life preserver for each occupant 

but without each occupant wearing a life preserver and without its helicopters being float 

equipped. 

The petitioner requests relief from the following regulations:

Section 136.9(a), states, in pertinent part, that the operator and the pilot in command of 

helicopter commercial air tours over water beyond the shoreline must ensure that each 

occupant is wearing a life preserver from before takeoff until flight is no longer over water. 

Section 136.11(a) states, in pertinent part, that a helicopter used in commercial air tours over

water beyond the shoreline must be equipped with fixed floats or an inflatable flotation system 

adequate to accomplish a safe emergency ditching.

Section 136.11(c)(2) states, in pertinent part, that fixed floats or an inflatable flotation system 

is not required for a helicopter under this section if: the helicopter is operated within poweroff gliding distance to the shoreline for the duration of the flight and each occupant is wearing 

a life preserver from before takeoff until the aircraft is no longer over water.
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The petitioner supports its request with the following information:

The petitioner outlined measures that they believe will 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 the minimum

provided by compliance with existing regulations.

The petitioner states that the risk of untrained tourists being entrapped underwater in an 

overturned helicopter egress scenario is unacceptably high. This, combined with the difficulty 

of survival in the frigid waters of Alaska, leads the petitioner to a conviction that safety 

priorities should be focused on ensuring the operation of aircraft 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-touchdown egress techniques.

Turbomeca, the manufacturer of the Ariel model 1D1 turbine engine which powers each of 

the petitioner’s helicopters, asserts a mean-time between failures (MTBF) 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 based upon the following formula. The longest 

exposure time for NorthStar aircraft is the Auke Bay route (see the attached diagram). The 

total time over water on this route is less than 2 minutes. When factored into the FAA 

accepted risk formula, (5,000,000 hours MTBF x 60 minutes divided by 2 minutes) the 

resultant is an exposure risk of engine failure of .000000006666 or 6.66 x 10-9, well less than 

the acceptable risk.

If approved, the petitioner states, the level of operational discipline described in this 

exemption request will result in operations that far exceed the level of safety currently 

afforded by operating in accordance with 14 CFR §§ 136.9 and 136.11.

A summary of the petition was published in the Federal Register on June 4, 2014,

(79 FR 32357). The Helicopter Association International (HAI) submitted comments in 

support of the petition for exemption. HAI commented that, in consideration of the risk 

assessment and mitigation factors NorthStar articulated in its petition, it would exceed the 

safety intent of the rule. Further, HAI stated that the recently published Helicopter Air 

Ambulance, Commercial Helicopter and Part 91 Helicopter Operations rule clearly defines 

“autorotation” and “shoreline” and acknowledges that a helicopter can fly as far as 1⁄2 mile 

from the shoreline for every thousand feet of altitude and therefore occupants are only 

required to wear life preservers when beyond the autorotational glide distance from the 

shoreline. HAI contends that the intent of the rule is exceeded by the routes and altitudes for 

which NorthStar seeks exemption. 

The FAA’s analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that, 

subject to the conditions and limitations below, a grant of exemption would be in the public 
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interest and would provide a level of safety that meets or exceeds that provided by the current 

regulations.

The FAA finds that Northstar provides commercial air tour operations in Alaska within a 

unique operating environment which requires special consideration in operations, training, 

and standardization. Based on the drawings and photographs contained in the petition, 

“proposed tour routes” include an overwater transition.

The FAA recognizes that there may be instances in which a safe forced landing may not be 

possible due to environmental or other factors. The FAA notes that regulatory agencies 

worldwide have already applied risk management and permitted variations to specific 

operations, such as operations to over water and rough terrain where exposure to an engine 

failure is present without a safe forced landing area. Risk assessment is used to determine 

whether to permit these variations. When operations without suitable areas for safe forced 

landings are considered, all relevant factors should be evaluated. These factors include the 

likelihood of the event, the possible consequences, and any mitigating measures weighed 

against the potential benefits of the operation. Accident history and other relevant safety data 

and analysis are crucial to making the operational determination.

The FAA notes the petitioner’s statement that 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 the petitioner 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-touchdown egress 

techniques.

The petitioner has proposed measures that will further reduce the possibility of a forced

landing in water with air tour passengers through the use of specifically designed tour routes. 

These routes will reduce the exposure to water 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.

The petitioner states that the longest exposure time 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

).

The petitioner claims the intent of this exemption request is to guarantee that their 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. The petitioner contends 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.

The FAA accepts the risk assessment and mitigations presented by the petitioner. 

Additionally, as pointed out in HAI’s comments on the petition, the FAA’s publication of the 

Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final 

rule amended emergency equipment requirements for overwater rotorcraft operations found in 
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§ 135.168(b)(1) to require that an approved life preserver be worn by each occupant while the 

rotorcraft is beyond autorotational distance from the shoreline. 

The FAA’s Decision

In consideration of this fact, the mitigations proposed by the petitioner, and the conditions and 

limitations specified below, I find that a grant of exemption would provide a level of safety 

that meets or exceeds that provided by the current regulations and is, therefore, in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 

and 44701, delegated to me by the Administrator, NorthStar Trekking L.L.C. is granted an 

exemption from 14 CFR §§ 136.9(a), 136.11(a), and 136.11(c)(2) to the extent necessary to 

allow Northstar to conduct helicopter tour operations, over water, not requiring passengers to 

wear life preservers while overwater within autorotational distance of a suitable landing area 

in an aircraft without fixed or inflatable floats, subject to the conditions and limitations listed 

below.

Conditions and Limitations

1. NorthStar’s helicopters are always operated in a manner that precludes the 

possibility of landing in the water, unless meeting the requirements of 

 §§ 136.9(a), 136.11(a), and136.11(c)(2).

2. NorthStar will conduct annual training for pilots using an FAA approved training 

module added to its 14 CFR part 135 training program. This module will address 

the environmental aspects and autorotational technics unique to the specific 

approved routes used. Subjects must include specific tour routes and minimum 

altitudes, pre-flight analysis of winds, visibilities, and ceilings to pre-determine 

availability of minimum crossing altitudes along specific tour routes, appropriate 

diversion flight paths from those routes to several specific emergency landing 

sites surrounding the body of water to be crossed. The designated emergency 

landing sites for each flight will be chosen from sites that were previously 

identified, assessed, and approved by the operator.

3. NorthStar will incorporate into its General Operations Manuals a requirement for 

its pilots to operate at or above the altitude needed to maintain power-off 

autorotational glide capability to the designated site-specific emergency landing 

areas from any point on each of the subject routes.

4. NorthStar will continue to make life preservers readily available to each passenger 

on all air tour flights. Life preservers are mounted in NorthStar helicopters in an 

open slot located between each passenger’s legs. 

5. Any changes in engine type or helicopter make and model being operated by 

NorthStar Trekking will require the preparation of a detailed analysis 
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demonstrating the probability of engine failure does not exceed the 10-6

acceptable risk and designated minimum altitudes, routes, and designated 

emergency landing areas are suitable for the new helicopter.

6. As part of the preflight briefing, NorthStar will instruct passengers on the location 

of, and proper donning and use of life preservers following a successful egress 

from the aircraft in the event of a forced water landing as required by § 136.7.

This exemption terminates on March 16, 2017, unless sooner superseded or rescinded.

Issued in Washington, D.C., on March 4, 2015.

.

/s/ John Barbagallo

Acting Deputy Director, Flight Standards Service
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Project No.: AXX-xx-xxx-E

Project Officer: _______________

ARM-104:TAdams:xx/xx/xx:Doc#xxxx

ARM-1/100/104:Program Office [or specific OPR routing symbol]

JASON KULBETH

NORTHSTAR TREKKING LLC

PO BOX 32540

JUNEAU ALASKA

99803