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Hogan Lovells US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

T +1 202 637 5600

F +1 202 637 5910

www.hoganlovells.com

January 29, 2016

By Electronic Submission

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

Re: Petition of Fresh Water Adventures, Inc. for an Extension of

FAA Exemption No. 9692C, Regulatory Docket No. FAA-2001-10875

Dear Sir or Madam:

Fresh Water Adventures, Inc. (“Fresh Water”) hereby petitions the Administrator of the Federal

Aviation Administration (“FAA”) pursuant to 14 C.F.R. Part 11 for an extension of Exemption

No. 9692C, issued to Fresh Water on May 12, 2014, to continue to exempt Fresh Water from the

requirements of 14 C.F.R. § 91.323(b)(4) to the extent necessary to allow Fresh Water to operate its

Grumman Goose G-21A amphibian aircraft at a maximum weight of 8,920 pounds, subject to the

conditions and limitations set forth in Exemption 9692C.

Exemption No. 9692C terminates on May 31, 2016. Fresh Water respectfully requests that this

exemption be extended for at least two additional years, through May 31, 2018. Fresh Water hereby

incorporates by reference all relevant information previously submitted in its initial request dated

April 8, 1999 (Regulatory Docket No. 29534), and it’s Petitions for an Extension dated October 19,

2001, July 31, 2003, May 11, 2005, July 30, 2007, February 19, 2010, January 13, 2012, and

January 31, 2014 in the instant docket. Fresh Water submits that further extension of this exemption

is in the public interest and will continue to provide an equivalent level of safety – both findings that

the FAA has continually made in granting and extending this exemption since it was first issued on

November 5, 1999.1

Good cause exists for the FAA to act on this petition without delay, and without publishing a

summary in the Federal Register or awaiting comments. 2 No new precedent will be established by

extending the existing exemption, and the public interest will be served by ensuring continued

access to the remote locations served by Fresh Water’s G-21A amphibian aircraft.

1

The FAA has also made similar findings in granting and extending an exemption for a similarly situated

applicant. See Petitions of Peninsula Airways, Inc. (“PenAir”), Regulatory Docket No. FAA-2000-8463,

Exemption No. 6963G, last issued on March 21, 2012 extending Exemption No. 6963, as amended, through

May 31, 2014. In December 2012, Fresh Water acquired the last G-21A aircraft (N22932) that had been

operated by PenAir under FAA Exemption No. 6963G.

2

Fresh Water respectfully requests a waiver of the publication and comment requirements of 14 C.F.R.

§11.87. Nevertheless, in accordance with § 11.81(f), a summary of this petition for an extension for publication

in the Federal Register is set forth in the Attachment.
Docket FAA-2001-10875

January 29, 2016

Page 2

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Fresh Water urges the FAA to grant this non-controversial request for an extension of Exemption

No. 9692B prior to the May 31, 2016 expiration date. In the event that the FAA does not act on this

petition prior to that date, Fresh Water hereby invokes and relies upon the automatic extension

provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), to continue the effectiveness of

Fresh Water’s current exemption pending the FAA’s final determination on this petition.

In granting and continuously extending this exemption since 1999, the FAA has consistently

determined that grant of the exemption ensures an equivalent level of safety and is in the public

interest. Fresh Water currently has two G-21A fixed wing amphibian aircraft on its FAA Operations

Specifications, and has provided on-demand charter services on a seasonal basis (primarily from

June through September) to remote rivers and lakes in the Bristol Bay and Kuskokwim areas of

Alaska, and serving the 1.6 million acre Tikchik State Park and the 4.2 million acre Togiak National

Wildlife Refuge. In addition to serving campers, rafters, and fishing enthusiasts, Fresh Water

provides air transportation services to assist Federal and State park authorities in carrying out park

management duties. Without Fresh Water’s G-21A aircraft operations, these areas would be

completely cut off, creating serious hardship for the businesses in, and people who travel to and

from these areas. The G-21A is the only type of aircraft in Fresh Water’s fleet capable of serving

these isolated locations because, due to the absence of runways, these locations are accessible

only by air through water landings. In light of these factors, extension of Exemption 9692C remains

in the public interest.

Additionally, the FAA previously determined that compliance with the conditions and limitations

contained in Exemption No. 9692C would ensure an equivalent level of safety. Fresh Water will

continue to comply with all of the conditions and limitations, thereby ensuring an equivalent level of

safety for the continuation of all operations covered by the exemption. There have been no material

changes in the conditions and reasons relative to both public interest and safety that have been the

basis for FAA granting and extending this exemption since 1999.

WHEREFORE, for the foregoing reasons, Fresh Water respectfully requests that prior to the May 31,

2016 expiration date, the FAA extend Exemption No. 9692C for a minimum period of two years,

through May 31, 2018.

Respectfully Submitted,

Sheryl Israel

Counsel for Fresh Water Adventures, Inc.

sheryl.israel@hoganlovells.com

Direct phone +1 202.637.8898

Direct fax +1 866.728.1992

Attachment

cc: Jerry Ball
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ATTACHMENT

FEDERAL REGISTER SUMMARY

As stated in the foregoing petition, Fresh Water respectfully requests a waiver of the publication and

comment requirements under 14 C.F.R. § 11.87. Nevertheless, in accordance with § 11.81(f), a

summary of this Petition for an Extension of Exemption 9692C, for publication in the Federal

Register is as follows:

Docket No.: FAA-2001-10875

Petitioner: Fresh Water Adventures, Inc.

Section of the FAR Affected: 14 CFR 91.323(b)(4)

Description of Relief Sought: To extend Exemption No. 9692C to permit Fresh Water

Adventures, Inc. to continue to operate its Grumman Goose G-21A amphibian

aircraft at a maximum weight of 8,920 pounds, which exceeds the aircraft’s maximum

certificated weight.