AFS-10-070-E March 2, 2010 Exemption No. 10014 Regulatory Docket No. FAA-2009-1078

Ms. Michelle Masden Island Wings Air Service

P.O. Box 7432 Ketchikan, AK 99902

Dear Ms. Masden:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated November 4, 2009, you petitioned the Federal Aviation Administration (FAA) on behalf of Island Wings Air Service (IWAS) for an exemption from § 135.203 (a)(1) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow IWAS to conduct operations under visual flight rules (VFR) outside controlled airspace, over water,

at an altitude below 500 feet above the surface.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to IWAS.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8685 (copy enclosed), the FAA found that the weather phenomenon of good in-flight visibility beneath low cloud ceilings often exists over protected inland waterways, such as those in Southeast Alaska. The FAA has issued similar grants of exemption to operators in the Pacific Northwest that encounter similar topographic and meteorological conditions. The FAA has determined that operations under those grants of exemption have been conducted safely for a number of years.2

Having reviewed your reasons for requesting an exemption, I find that—

• they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Island Wings Air Service an exemption from 14 CFR § 135.203 (a)(1) to the extent necessary to conduct operations under VFR outside controlled airspace, over water, at an altitude below 500 feet above the surface, subject to the

conditions and limits described below.

Conditions and Limitations

1. IWAS must conduct operations under this exemption—

a. Exclusively in seaplanes operated under its air carrier certificate;

b. During the hours of daylight or during the hours of Alaskan Civil Twilight when the sun is not more than 6 degrees below the horizon;

c. At true airspeed not to exceed 130 knots;

d. Over open waterways, within sight of shore, and at minimum safe altitudes for emergency landing and separation clearance as set forth in 14 CFR § 91.119(a) and (c); and

e. Within U.S. airspace defined by a line from—

Latitude 58°11 ́71 N. longitude 136°20 ́84 W. to Latitude 59°14 ́09 N. longitude 135°26 ́44 W. to Latitude 58°06 ́72 N. longitude 135°27 ́10 W. to Latitude 55°28 ́89 N. longitude 132°38 ́76 W. to Latitude 55°12 ́37 N. longitude 132°49 ́69 W. to Latitude 58°17 ́98 N. longitude 134°26 ́10 W. to Latitude 56°58 ́37 N. longitude 133°56 ́73 W. to Latitude 55°33 ́27 N. longitude 133°06 ́10 W. to Latitude 55°07 ́86 N. longitude 131°34 ́68 W. to Latitude 56°48 ́67 N. longitude 132°57 ́60 W. to Latitude 56°14 ́81 N. longitude 134°38 ́88 W. to Latitude 57°03 ́12 N. longitude 135°20 ́77 W. to Latitude 55°31 ́77 N. longitude 133°38 ́50 W. to Latitude 56°27 ́97 N. longitude 132°22 ́80 W. to Latitude 55°17 ́77 N. longitude 133°14 ́60 W. to Latitude 59°33 ́74 N. longitude 139°44 ́46 W. back to3

Latitude 58°11 ́71 N. longitude 136°20 ́84 W.

2. When IWAS conducts operations under this exemption—

a. Sky obscuration must exceed five-tenths cloud coverage and must preclude VFR flight at or above 500 feet above the surface;

b. Aircraft position and anti-collision lights must be on and functioning;

c. Aircraft may be operated below 500 feet above the surface down to an altitude of 400 feet above the surface only when the—

i. Flight visibility is at least 2 miles;

ii. Surface wind velocity along the approved route is 12 knots or less; and

iii. Height of the sea (waves) is 1 foot or less; and

d. Aircraft may be operated below 400 feet above the surface down to an altitude of 200 feet above the surface only when the—

i. Flight visibility is at least 3 miles;

ii. Surface wind velocity along the approved route is 12 knots or less; and

iii. Height of sea waves is 1 foot or less; and

e. Wind and sea conditions must allow for the safe accomplishment of an unscheduled landing.

3. IWAS is not authorized to conduct operations under this exemption within Canadian airspace.

4. IWAS is not authorized to operate an aircraft under this exemption at an altitude of

less than 200 feet above the surface.

5. IWAS must provide each pilot operating under this exemption with annual training on the conditions and limitations of this exemption.

6. Before conducting operations under this exemption, IWAS must obtain approval for

the routes to be flown from its certificate holding district office.4

This exemption terminates on March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure