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.2

(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 providi ng 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 wh ile 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.3

Seaborne stated there were certain constraint s 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