AFS

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- E Exemption No. 11197

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

N ORTHSTAR 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, Cod e 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 occupa nt 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 a ir 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.

S ection 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

.

S ection 136.11(c)(2) stat es , in pertinent part, that f ixed floats or an inflatable flotation system

is not required for a helicopter under this section if: t he helicopter is operated within power

off 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.2

The petitioner supports its request with the following information:

The petitioner outline d 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 th e minimum provided by compliance with existing regulations.

The petitioner states that the risk of untrained tourists being entrap ped underwater in a n 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 specif ied 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 publish ed 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 form ula

, ( 5,000,000 hour s 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, 20 14, ( 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 wou ld 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 helicopte r 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 preserve rs when beyond the auto rotational glide distance from the

shoreline. HAI contends that t he intent of the rule i s 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 g rant of exemption would be in the public3

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 ins tances 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 ov er 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 consi dered, 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 d ata and analysis are crucial to making the operational determination.

The FAA notes the petitioner ’s state ment that the risk of entrapment in a helicopter underwater egress scenario for untrained tourists is unacceptably high. This, combined with

the diffi culty 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 passenge rs through the use of speci fic ally 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 e xisting 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. T he petitioner contends t he 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 assessme nt 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 e quipment requirements for overwater rotorcraft operations found in4

§ 13 5.168(b)(1) to require that a n approved life preserver be worn by each occupant while the rotorcraft is beyond autorotational distance from the shoreline

.

The FAA’s Decision

In consi deration 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, t herefore, 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 136.1 1(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 pre cludes 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 train ing 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 autorotati onal 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 previousl y identified, assessed

, and approved by the operator

.

3. NorthStar will incorporate into its General Operation s Manuals a requirement for its pilots to operate at or above the altitude needed to maintain power

- off

autorotational glide capability to the de signated 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 helicopte rs 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 analysis5

demonstrating the probability of engine failure does not exceed the 10 - 6
acceptable risk and designated minimum altitude s , route s, and designated emergency landing areas are suitable for the new helicopter

.

6. A s 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 Was hington, D

. C

. , o n March 4, 2015

.

.

/s/ John Barbagallo Acting Deput y Director, Flight Standards Service6

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