AFS-11-121-E August 17, 2011

Exemption No. 10331 Regulatory Docket No. FAA-2011-0013

Mr. Jason Kulbeth Director of Operations NorthStar Trekking, LLC 1910 Renshaw Way Juneau, AK 99801

Dear Mr. Kulbeth:

This letter is to inform you that we have denied your petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated Decem ber 21, 2010, Mr. Jason Kulbeth, Director of Operations, NorthStar Trekking, LLC (NorthStar), 1910 Renshaw Way, Juneau, Alaska 99801, petitioned the Federal Aviation Administration (FAA) on behalf of No rthStar for an exemption from §§ 136.9(a), 136.11(a), and 136.11(c)(2) of Title 14, C ode of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow NorthStar to operate its helicopters over bodies of water and beyond shorelines crossed during commercial air tour flights while equipped with a life preserver for each occupant but without each occupant wearing a life preserver and without its helicopters being float equipped.

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

in the Federal Register because this is not a precedent-setting petition.

The FAA previously issued a denial of exemption in circumstances similar in all material respects to those presented in your petition. In your previous Denial of Exemption No. 9934 (copy enclosed), the FAA found that:

 NorthStar operates single-engine helicopters.2

 When considering commercial passenger-carrying operations over water, in the event of a forced landing, the completion of a safe autorotational landing must be fully successful 100 percent of the time.

 The issues cited in your petition were considered during the development of the air tour rule. In reviewing of the preamble language of the rule with regard to floatation equipment and life preservers, the FAA must side with safety and can only operate under the current ruling that was established February 13, 2007. The preamble language reads as follows, “It is important for those required to wear life preservers to do so even if the flight is operated within power-off gliding distance of the shoreline. In an emergency, the pilot might not maneuver to get to an acceptable landing area beyond the shoreline. Also, the pilot might know the power-off glide distance, but might err [SIC] in estimating the actual distance to shore. In other words, pilots of both helicopters and airplanes may over-estimate gliding capability.” (72 FR February 13, 2007)

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

 they do not differ materially from those presented previously in the enclosed Denial of Exemption No. 9934;

 the reasons stated by the FAA for denying the enclosed Denial of Exemption No. 9934 continue to apply to the current situation you present; and

 a grant of exemption would not be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Adm inistrator has delegated to me, I hereby deny your petition for an exemption from 14 CFR §§ 136.9(a), 136.11(a), and136.11(c)(2).

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure