AFS-10-160-E March 12, 2010 Exemption No. 9698A Regulatory Docket No. FAA-2008-0335

Mr. Ryan McCue President RdM Pilot/Guide, Ltd. 420 Front Street Ketchikan, AK 99901

Dear Mr. McCue:

This letter is to inform you that we have granted your petition to extend Exemption No. 9698. It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision By letter dated February 1, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of RdM Pilot/Guide, Ltd. (RdM Pilo t/Guide), for an extension of Exemption No. 9698. That exemption from § 135.203(a)(1) of Title 14, Code of Federal Regulations (14 CFR) allows RdM Pilot/Guide to operate seaplanes inside the Ketchikan, Alaska, Class E airspace special visual flight rules (SVFR) below 500 feet above the surface.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to RdM Pilot/Guide.2

Our Decision The FAA has determined that the justification for the issuance of Exemption No. 9698 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Each pilot in command employed by RdM Pilot/Guide shall comply with the following conditions and limitations:

a. Operations are limited to seaplanes and amphibious aircraft being operated over water within an approved seaplane/amphibian SVFR corridor encompassing the Tongass Narrows and Ketchikan Harbor and underlying the Ketchikan Class E airspace. b. Operations are authorized only 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. Sky obscuration must exceed five-tenths cloud coverage and must preclude VFR flight at or above 500 feet above the surface before operations are authorized under the exemption. d. Aircraft may be operated below 500 feet above the surface down to an altitude of 400 feet above the surface only when the flight visibility is at least 2 miles, the surface wind velocity along the approved route is 12 knots or less, and the height of the sea (waves) is 1 foot or less. e. Aircraft may be operated below 400 feet above the surface down to an altitude of 200 feet above the surface only when the flight visibility is at least 3 miles, the surface wind velocity along the approved route is 12 knots or less, and the height of the sea (waves) is 1 foot or less. f. Operations are authorized only over open waterways, and operators must observe the minimum safe altitudes for emergency landings and separation clearance set forth in 14 CFR § 91.119(a) and (c). g. Operations are authorized only when wind and sea conditions allow for the safe accomplishment of an unscheduled landing. h. Aircraft position and anticollision lights must be on and functioning when operations are conducted under this exemption. i. No aircraft may be operated under this exemption at an altitude of less than 200 feet above the surface.

2. RdM Pilot/Guide is authorized to enter into a written agreement with the manager of the Ketchikan Flight Service Station (FSS) and the manager of the Anchorage Air Route Traffic Control Center to allow simu ltaneous instrument flight rules (IFR) and SVFR operations in the Ketchikan Class E airspace, subject to the following conditions and limitations:

a. The agreement must establish a corridor for SVFR seaplane operations that is sufficiently separated laterally and vertically from IFR arrival and departure route profiles to allow concurrent IFR and SVFR flight within the Class E airspace.3

b. The corridor will encompass the Tongass Narrows and Ketchikan Harbor. c. Airspace within the corridor boundaries will extend from the surface of the water to 500 feet above the surface. d. Authorization to use the corridor is dependent on each certificate holder having on file with the Ketchikan FSS a current and valid letter of agreement. e. SVFR operations in the corridor may be suspended by the FAA without prior notice, when necessary, in the interest of safety. f. An SVFR clearance will be issued for each flight conducted under the terms specified in each certificate holder's letter of agreement and this exemption.

g. Air traffic advisories will be provided to IFR and SVFR traffic at any time the SVFR corridor is in use under the terms specified in each certificate holder's letter of agreement.

3. Operations are only authorized when the operator has determined that the weather outside of Class E airspace will allow compliance with 14 CFR § 135.203.

4. RdM Pilot/Guide’s pilots must receive annual training on the conditions and limitations of this exemption.

The Effect of Our Decision Our decision extends the termination date of Exemption No. 9698 to May 31, 2012, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 9698 remain the same. This letter must be attached to, and is a part of, Exemption No. 9698.

Sincerely,

/s/ John W. McGraw Acting Director, Flight Standards Service