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September 30, 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 petition for exemption from Seaborne Airlines relating to relief from the 

specified provisions of 14CFR Part 12]305(j), Flight and Navigational Equipment, requiring 

Seaborne Airlines to install a third gyroscopic bank and pitch indicator in our seaplane aircraft. 

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

the Seaborne's continued seaplane operations. As a result, we are asking that our request be 

processed as a matter of serious urgency." 

Most sincerely, 

Omer ErSelcuk 

President & CEO 

"Flying YOU with the Power of TWO" 
September 24, 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 

Chrjstiansted, VI 00820 

(340) 773-5991 extension 23 

oerselcuk(a>seaborneairlines.com 

Background: 

Seaborne Virgin Islands, Inc., doing business as Seaborne Airlines 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. 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 Amalie Harbor and St Croix, VI (SBB) Christiansted Harbor. 

After December 20, 2010, 14CFR Part 121305G), Flight and Navigational Equipment, requires 

Seaborne Airlines to install a third gyroscopic bank and pitch indicator. 

Relief Sought from Reoulatorv Sections: 

14CFR Part 121305G), Flight and Navigational Equipment; Third Gyroscopic Bank and Pitch 

Indicator 

Nature and Extent of the Requested Relief 

Seaborne Airline is requesting to be exempt from 14 CFR Part 121.305(j) whicli requires 

the Installation of an independently powered third gyroscopic banl( and pitch indicator. 

Page 1 of 4 
Analysis 

Final rulemaking on this requirement was published In the Federal Register as FR Vol. 60, NO. 

244, 65832 dated December 20, 1995. This rulemaking expanded the scope of the third gyro to 

certain turbopropeller power airplanes including the DHC-6 aircraft. 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, 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 Airlines feel that due to the operational restrictions placed on It float plane fleet, that 

there Is little public benefit In view of the compliance cost. Seaborne Airlines has determined 

that each gyro unit will cost between 8,000 and 10,000 dollars and will require 35 to 40 man 

hours ($2000.00) 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. 

Equivalent Level of Safety 

On-water flight operations Involve certain obvious constraints that do not apply to aircraft 

operating at airports. The most notable are: 

• On-water operations are limited to daylight hours. 

• Since there are no Instrument approach capabilities associated with seadromes, all 

take-offs, approaches and landings must me accomplished In visual meteorological 

conditions (VMC). 

Another factor In evaluating an equivalent level of safety lies In Seaborne Airlines' limited area 

of operations defined as the Islands of the Caribbean. Unlike the wide spread IMC weather 

conditions that are prevalent in areas such as the eastern United States, the weather in the 

Caribbean is predominantly visual meteorological conditions (VMC). 

Seaborne Airlines 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. 

Seaborne Airlines believes that accepting an exemption with the following limitations and 

conditions as part of this exemption relief would provide an equivalent level of safety: 

• Applicable only to DHC-6 aircraft in the float plane configuration 

• Operations limited to Day time VMC 

• Operations will not be conducted into known or forecast over-the-top conditions 

• No MEL deferment of any gyroscopic flight Instrument or flight Instrument power source 

• Float plane operations will be limited to the Islands of the Caribbean 

Page 2 of 4 
Benefit to the Public Interest 

If Seaborne Airlines 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. If Seaborne Airlines was unable to absorb the 

financial Impact of this cost, many of our passengers would then be forced to fly on "9 or less" 

piston powered aircraft or worse, single pilot/single engine aircraft over open water to the ports 

we currently serve. As the FAA stated In the rulemaking, this would be and unintended 

consequence of adoption of this regulation 

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

one of extreme Importance economically as well as politically. Currently, Seaborne Airlines 

carries approximately 85% of the local passenger traffic between St. Croix, VI and St. Thomas, 

VI. Without our frequent and convenient flights 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 air commerce In the 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 Airlines 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. 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 Amalie Harbor and St Croix, VI (SBB) Christiansted Harbor. 

After December 20, 2010, 14CFR Part 121305G), Flight and Navigational Equipment, requires 

Seaborne Airlines to install a third gyroscopic bank and pitch indicator. 

Seaborne Airlines seeks exemption relief from Installing the third gyroscopic bank and pitch 

indicator in its aircraft that are In the float plane configuration. In order to maintain an equivalent 

level of safety. Seaborne Airlines will accept the following limitations In this exemption: 

• Applicable only to DHC-6 aircraft in the float plane configuration 

• Operations limited to Day time VMC 

• No MEL deferment of any gyroscopic flight Instrument or flight Instrument power source 

• Float plane operations will be limited to the Islands of the Caribbean 

Seaborne Airlines 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. 

Technical Support - Contact Information 

Seaborne Airlines - Airplane Performance Project Leader 

Mr. Ladd Lewis 

(954) 683-4786 

captainladd@hotmall.com 

Page 3 of 4 
Seaborne Airlines - Chief Operating Officer 

Mr. David Zlemer 

(340) 773-5991 extension 23 

dzlemer@.seabornealrlines.com 

Conclusion 

Seaborne Airlines cannot over emphasize the Importance of this Issue to the people of the 

United States Virgin Islands thousands of 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, 

Omer ErSelcuk 

President/Chief Executive Officer 

Seaborne Airlines 

Page 4 of 4