AFS-11-005-E 

 Exemption No. 10178 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

SEABORNE VIRGIN ISLANDS, INC. 

 D.B.A. SEABORNE AIRLINES 

 Regulatory Docket No. FAA-2010-1012 

for an exemption from § 121.305(j) 

of Title 14, Code of Federal Regulations 

 

 

GRANT OF EXEMPTION 

 By letter dated September 30, 2010, Mr. Omer ErSelcuk, President and Chief Executive 

Officer, Seaborne Virgin Islands, Inc. d.b.a. Seaborne Airlines (Seaborne Airlines), 1210 

Watergut, Christiansed, Virgin Islands 00820, petitioned the Federal Aviation Administration 

(FAA) on behalf of Seaborne Airlines for an exemption from § 121.305(j) of Title 14, Code 

of Federal Regulations (14 CFR), which after December 20, 2010 would require Seaborne 

Airlines to install a third gyroscopic bank and pitch indicator. The proposed exemption, if 

granted, would continue to allow Seaborne to conduct domestic, flag and supplemental 

operations in the islands of the Caribbean. 

On December 2, 2010, Seaborne Airlines submitted supplemental information requesting an 

extension of the December 20, 2010, compliance date. 

The petitioner requests relief from the following regulation:

§ 121.305(j) states in pertinent part that: 

Flight and Navigational Equipment. 

(j) On the airplane described in this paragraph, in addition to two gyroscopic bank 

and pitch indicators (artificial horizons) for use at the pilot stations, a third such 

instrument is installed in accordance with paragraph (k) of this section: 

(1) On each turbojet powered airplane. 
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(2) On each turbopropeller powered airplane having a passenger-seat 

configuration of more than 30 seats, excluding each crewmember seat, 

or a payload capacity of more than 7,500 pounds. 

(3) On each turbopropeller powered airplane having a passenger-seat 

configuration of 30 seats or fewer, excluding each crewmember seat, 

and a payload capacity of 7,500 pounds or less that is manufactured on 

or after March 20, 1997. 

(4) After December 20, 2010, on each turbopropeller powered airplane 

having a passenger seat configuration of 10-30 seats and a payload 

capacity of 7,500 pounds or less that was manufactured before March 

20, 1997. 

The petitioner supports its request with the following information:

Seaborne Airlines states that it primarily provides passenger service to Puerto Rico and 

the Virgin Islands using DeHavilland DHC-6-300 wheel planes. A portion of Seaborne 

Airlines’ route structure involves providing scheduled passenger operations using the 

FLOAT plane configuration of the DHC-6 between St. Thomas VI (SPB) Charlotte 

Amailie Harbor and St. Croix, VI (SBB) Christiansted Harbor. 

Final rulemaking on this requirement was published in the Federal Register as at 

60 FR 65832 (Dec. 20, 1995). This rulemaking expanded the scope of the third 

gyroscopic bank and pitch indicator to certain turbopropeller powered airplanes 

including DHC-6 aircraft. The petitioner states that the obvious concerns that this 

requirement addresses is the possibility that in the absence of a third independently 

powered gyroscopic bank and pitch indicator, a failure of the captain’s and first 

officer’s primary flight instruments while flying in instrument meteorological 

conditions (IMC) would render the airplane uncontrollable. 

However, the petitioner states that this rulemaking recognized that certain operators 

“may need to be exempted from certain requirements that are not applicable to the type 

of operations being conducted and should go through the standard exemption request 

procedures in such cases.” Since the FAA offered the option to petition for exemption 

relief in this rulemaking, Seaborne Airlines believes that its request for exemption is 

proper and consistent with the intent of this rulemaking. 

Seaborne feels that due to the operational restrictions placed on its float plane fleet, 

there is little public benefit in view of the compliance cost. Seaborne has determined 

that each gyroscopic bank and pitch indicator unit will cost 8,000 and 10,000 dollars 

and will require 35 to 40 man hours ($2,000.00) to install. In addition, the aircraft must 

be taken out of service for approximately 5 days with the associated loss of use for 

revenue service. 
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Seaborne stated there were certain constraints that did not apply to aircraft operating at 

airports and that the equivalent level of safety lies in their limited area of operations 

defined as the islands of the Caribbean. Seaborne believes that the chances of suffering 

a simultaneous failure of both independently powered attitude indicators currently 

installed while at the same time inadvertent encounter with IMC weather is 

astronomically remote. 

If Seaborne is not able to control its cost while providing its services under Part 121 

rules, the airline will be forced to conduct operations in accordance with regulatory 

requirements with lesser safety standards after December 20, 2010. Seaborne’s 

seaplane operation between the U.S. Virgin Islands of St. Thomas and St. Croix is one 

of extreme importance economically, as well as, politically. Therefore, they believe the 

granting of this exemption, which provides passengers with continued access to 

turbopropeller powered twin engine aircraft, is in the public interest. 

A summary of the petition was published in the Federal Register on November 19, 2010 

(75 FR 70965). No comments were received. 

The FAA's analysis is as follows:

The FAA has reviewed the petitioner’s supportive information and has not yet 

determined whether these airplanes can meet the final airplane performance operating 

limitations in § 121.305(j), by the December 20, 2010 compliance date. This is due to 

the time needed for the FAA’s New York Aircraft Certification Office and the 

Canadian Civil Aviation Authority to determine if the aircraft in question will be able 

to meet certification requirements. Therefore, the FAA will grant an exemption to 

extend the compliance date to April 30, 2011, before which time the FAA will review 

any additional information provided by Seaborne Airlines. 

The FAA’s Decision 

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, Seaborne Virgin Islands, Inc. d.b.a. Seaborne Airlines is granted an 

exemption from 14 CFR § 121.305(j) to the extent necessary to allow Seaborne to continue 

conducting domestic, flag and supplemental operations in the islands of the Caribbean. 

This exemption terminates on April 30, 2011, unless sooner superseded or rescinded. 

Issued in Washington, DC, on December 16, 2010. 

/s/ 

John M. Allen 

Director, Flight Standards Service