SEABORNE AIRLINES 

1210 VVatcrgut. Chrislianstcd. LISVI 00820 

I' 340.773.5')9I y 3'10.773.i,f,7| .MI H scaborncjiiiim-s o.iii 

September 21, 2010 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Dear Sir or Madam, 

Please find enclosed an original and two copies of a petition for exemption from Seaborne 

Airlines relating to relief from specified provisions of 14CFR Part 121, Appendix K, Paragraph 5. 

Information in support of this request is contained in the petition in electronic format on compact 

disks (CDs). 

This petition concerns a regulatory compliance deadline of December 20, 2010, is critical to the 

Seaborne's float plane operation which is the only seaplane service in the US Virgin Islands. 

Seaborne provides a critical air bridge between St. Thomas and St. Croix connecting vital Federal 

and Local government functions, commerce, and tourism. The inability to utilize this specific 

aircraft - which is the ONLY aircraft which can safely and effectively provide float plane service 

due to the over water distances involved would result in the closure of this operation and a severe 

negative impact to the United States Virgin Islands. 

Most sincerely, 

Omer ErSelcuk 

President & CEO 

"Flying YOU with the Power of TWO" 
•crViRTMENTOF 

:^'-i OPERATIONS 

\i^: i 1 ?^ A iO: 18 

September 21, 2010 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Re: Request for Exemption 

Petitioner: 

Seaborne Virgin Islands, Inc., d.b.a. Seaborne Airlines 

by its President/CEO, Mr. Omer ErSelcuk 

Petitioner's Contact Information: 

1210Watergut 

Christiansted, VI 00820 

(340) 773-5991 extension 23 

oerselcuk@seaborneairlines.com 

Background: 

Seaborne Virgin Islands, Inc., doing business as Seaborne Airtines holds Air Carrier Certificate 

Number: S9BA675J and has operations specifications authorizing it to conduct domestic, flag 

and supplemental operations in the islands of the Caribbean. Seaborne Airlines primarily 

provides passenger service to Puerto Rico and the Virgin Islands using DeHavilland DHC-6-300 

wheel planes. Seaborne Airlines also conducts scheduled passenger operations using the 

FLOAT plane configuration between St. Thomas, VI (SPB) Chartotte Amalie Harbor and St 

Croix, VI (SBB) Christiansted Harbor. Seaborne Airtines has safely conducted scheduled 

passenger service in float planes for over 15 years. 

On December 20, 2010, certain regulatory provisions in 14CFR Part 121, Appendix K regarding 

Part 23 certification and performance requirements that will, in the absence of exemption relief, 

prohibit the airtine from conducting further float plane operations in accordance with Part 121. 

Relief Sought from Regulatory Sections: 

14CFR Part 121, Appendix K, Paragraph 5, Final Airplane Perfonnance Operating Limitations. 

Nature and Extent of the Requested Relief 

In part, the provisions of 14CFR Part 121, Appendix K, require that, after December 20, 2010, 

the DeHavilland DHC-6-300 aircraft operated by Seaborne Airtines show compliance with the 

commuter category performance requirements specified in Appendix K. Seaborne Airtines can 

show compliance with performance requirements through STC #SA2CH, dated September 21, 

2007, "Wipaire Airplane Flight Manual Supplement for Seaplane Operations" and the 

DeHavilland DHC-6-300 Aircraft Flight Manual, document number PSM 1-63-1A, dated June 30, 

Page 1 of 4 
2005; document number PSM 1-63-1, dated November 16, 2005. Each of these documents is 

FAA approved. 

Through the supplemental type certification program described above. Seaborne Airtines can 

show compliance with each Part 23 performance requirement specified in 14CFR Part 121, 

Appendix K. However, many of the certification specifications in Part 23 simply cannot be 

applied to airplanes equipped with fixed floats and operated on the water. Examples such as 

the certification requirements for performance charts that account for the effects of runway 

slope/gradient and charts that contain penalties for standing water, slush or snow on the runway 

are not applicable. In addition, all certification requirements related to landing gear operation is 

not applicable since the float assemblies are fixed. 

As a result, Seaborne Airlines is asking the FAA to accept the following documents that 

are already FAA approved to show compliance with 14CFR Part 121, Appendix K, 

Paragraph 5(a): 

• STC #SA2CH, dated September 21, 2007, "Wipaire Airplane Flight Manual 

Supplement for Seaplane Operations" 

• DeHavilland OHC-6-300 Aircraft Flight Manual, document number PSM 1-63-1 A, 

dated June 30, 2005; 

• DeHavilland DHC-6-300 Aircraft Flight Manual, document number PSM 1-63-1, 

dated November 16, 2005. 

Secondly, Seaborne Airline is requesting to be exempt from the performance certification 

requirements that are not applicable to DHC-6 aircraft in the float plane configuration 

required by 14CFR Part 121, Appendix K, Paragraph 5(b). 

Seaborne Airtines is not requesting relief from any performance requirement such as maximum 

certificated weight, runway length, takeoff speeds, accelerate stop distance, takeoff distance 

and takeoff run, takeoff flight path, climb: one engine inoperative, landing distance and balked 

landing climb that are contained in part 23 or part 121. 

Analysis 

Although float plane operations were briefly mentioned in the publication of the final rule (FR 

Vol. 60, NO. 244, 65832 dated Decemiber 20, 1995), no specific provisions for float plane 

certification were included in the final rule. On page 65840 of this rulemaking, one commenter 

stated that; "Because there is no cost-effective replacement aircraft available for float operations 

that offers the same capacity as the Otter (DHC-6 Twin Otter), replacing them is not an option." 

The FAA response that followed offered the option to petition for exemption relief. As a result. 

Seaborne Airtines believes that its request for exemption is proper and consistent with the intent 

of this rulemaking. 

Unigue and Critical Safety Attribute 

Due to its STOL performance and robust engineering, the DHC-6-300 is the safest aircraft 

available to operate between St. Thomas and St. Croix on floats. It is the only aircraft available 

up to 19 seats (there is nothing below or above this capacity either) with the durability necessary 

to withstand harsh sea-state conditions located in departure/arrival areas. The DHC-6-300 is 

also the only float equipped aircraft with the redundancy of two engines and two pilots 

necessary to safely and consistently make the approximately 50 mile journey over some of the 

roughest and deepest waters anywhere in the Caribbean. 

Page 2 of 4 
Eguivalent Level of Safety 

Since Seaborne Airtines is not requesting relief from any performance requirement of part 23 or 

part 121 and has FAA approved data to demonstrate compliance with each and every 

applicable performance requirement imposed by part 23 and part 121, we feel that the exact 

same level of safety that was envisioned in the original rule making is present. 

Benefit to the Public Interest 

If Seaborne Airiines is not provided the relief describe in this request, Seaborne Airtines will be 

forced to conduct operations in accordance with regulatory requirements with lesser safety 

standards after December 20. As Seaborne Airiines would be unable to absorb the financial 

impact of this restriction, many of our passengers would be forced to fly on significantly less 

safe "9 passengers or less" piston powered aircraft or worse, single engine aircraft over long 

reaches of open water we currently serve. Currently, Seaborne Airtines carries approximately 

100 percent of all seaplane passenger traffic between St. Croix, VI and St. Thomas, VI. 

We believe that the FAA spoke to this concern in the publication of the final rule (FR Vol. 60, 

NO. 244, 65832 dated December 20, 1995) by stating that some carriers 

"...might replace their equipment with airplanes configured for fewer than 10 

passengers. This airplane group is not covered by this rulemaking and has a higher 

accident rate than the 10-19 passenger airplanes. Therefore, an unintended effect of 

this rule could be an increase in the accident rate." (FR 65857) 

In addition to this unintended consequence, an unforeseen situation occurred well after this rule 

was adopted. There was a presumption by the rulemaking that the 15 year compliance period 

contained in the rule would; 

"... allow operators sufficient time to plan for the replacement of these airplanes without 

incurring an enormous economic loss. It also will allow manufacturers time to develop 

better substitutes for these airplanes." (FR 65893) 

Contrary to this presumption. Seaborne Airtines is not aware of any replacement aircraft that is 

now available that will replace the DHC-6-300 Float Plane in the market we currently serve. 

Seaborne's seaplane operation between the US Virgin Islands of St. Thomas and St. Croix is 

one of extreme importance both economically as well as politically. Without our frequent and 

convenient air bridge operating safely under Part 121 - many aspects of this strategically vital 

part of the United States would grind to a halt. This matter is one of grave importance to the US 

Virgin Islands. Therefore, we believe that granting of this exemption which provides passengers 

with continued access to turbopropeller powered twin engine aircraft is in the public interest. 

Summary for Publication in the Federal Register 

Seaborne Virgin Islands, Inc., doing business as Seaborne Airiines holds Air Carrier Certificate 

Number: S9BA675J and has operations specifications authorizing it to conduct domestic, flag 

and supplemental passenger carrying operations in Puerto Rico and the Virgin Islands. In 

addition to land based operations at airports. Seaborne Airiines conducts water operations using 

DeHavilland DHC-6-300 float planes in scheduled passenger service between St. Thomas, VI 

(SPB) Chartotte Amalie Harbor and St Croix, VI (SBB) Christiansted Harbor. Seaborne Airiines 

has safely conducted scheduled passenger service in float planes for over 15 years. 

Page 3 of 4 
On December 20, 2010, certain regulatory provisions specified in 14CFR Part 121, Appendix K, 

Paragraph 5(a) require the airtine to demonstrate compliance certain certification provisions of 

part 23 in order to show compliance with part 121 aircraft performance standards. 

Seaborne Airiines seeks exemption relief from certain certification requirements of part 23 that 

are not applicable to aircraft operated and equipped with floats. Secondly, that the FAA accept 

FAA approved data contained in the Wipline STC and the AFM data to show compliance with 

part 121 performance requirements. 

In the absence of this exemption relief. Seaborne Airtines could no longer conduct operations in 

accordance with Part 121 with this aircraft and would be forced to provide service to its 

customers in accordance with regulatory requirements with lesser safety standards. 

Technical Support - Contact Information 

Seaborne Airtines - Airplane Performance Project Leader 

Mr. Ladd Lewis 

(954) 683-4786 

captainladd(@hotmail.com 

Seaborne Airiines - Chief Operating Officer 

Mr. David Ziemer 

(340) 773-5991 extension 23 

dziemerOiseaborneairtines.com 

Conclusion 

Seaborne Airiines cannot over emphasize the importance of this issue to the people of the 

United States Virgin Islands on behalf of the 200,000 passengers that we will transport this 

year. On behalf of our employees, customers and the peoples of the Virgin Islands I wish to 

thank you in advance for your careful consideration of this request for exemption. 

Sincerely, 

^^^-ci^ 

Omer ErSelcuk 

President/Chief Executive Officer 

Seaborne Airtines 

Page 4 of 4