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 December 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 NorthStar for an exemption from 

§§ 136.9(a), 136.11(a), and 136.11(c)(2) of Title 14, Code 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 Administrator 

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