SEABORNE AIRLINES 

12 10 VVatcrgul, Christianslcd. LISVl 00820 

P 540.773.-^JVI I i4(l.77_j.6f>7i ii„.,v..ojboriit;(iiiines...n, 

September 20, 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 an original and two copies of a petition for exemption from Seaborne 

Airlines relating to relief from specified provisions of 14CFR Part 121, Appendix K, Paragraph 5. 

Information in support of this request is contained in the petition in electronic format on compact 

disks (CDs). 

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

the Seaborne's continued operations. Unfortunately, the information and data (this supplement is 

now on file with AEG Kansas City and our CMO in Miami) we used as to support this request has 

only been available to us in the last 60 days. As a result, we are asking that our request be 

processed as a matter of serious urgency." 

Most sincerely, 

^ • > 

Omer ErSelcuk 

President & CEO 

"Flying YfflU with the Power of TWO" 
jemRTMENT OF 

:tANSP0RW10N 

;:KbT OPERATIONS 

ir' 22 A 10=50 

September 20, 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 

Christiansted, VI 00820 

(340) 773-5991 extension 23 

oerse!cuk(5),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 primarily provides passenger service to Puerto Rico 

and the Virgin Islands. Seaborne's fleet consists exclusively of DeHavilland DHC-6-300 aircraft. On 

December 20, 2010, certain regulatory provisions in 14CFR Part 121, Appendix K regarding the source 

of performance data that will in the absence of exemption relief, prohibit further operations in accordance 

with Part 121. 

Relief Sought from Regulatory Sections: 

14CFR Part 121, Appendix K, Paragraph 5(a), FINAL AIRPLANE PERFORMANCE OPERATING 

LIMITATIONS. Through an amended type certification program or a supplemental type certification 

program, each airplane described in paragraph La and l.b.ii of this appendix must be shown to comply 

with the commuter category performance requirements specified in this appendix, which are included in 

part 23 of this chapter. 

Nature and Extent of the Requested Relief 

In part, the provisions of 14CFR Part 121, Appendix K, require that, after December 20, 2010, the 

DeHavilland DHC-6-300 aircraft operated by Seaborne Airlines show compliance with the commuter 

category performance requirements specified in Appendix K. Furthermore, this appendix states that this 

compliance must be demonstrated by either an amended type certification program or a supplemental 

type certification program. Seaborne Airlines is requesting relief from the restriction specified by the 

statement; ^'Through an amended type certification program or a supplemental type certification 

program." 
In lieu of this requirement. Seaborne Airlines is asking that it be able to demonstrate compliance with the 

commuter category performance requirements of this Appendix by using Supplement 37 to the 

DeHavilland DHC-6-300 Aircraft Flight Manual, dated June 25, 2010. This Supplement was prepared by 

the manufacturer and approved by Transport Canada on June 25, 2010. 

Analysis 

Seaborne Airlines believes that the requirement to demonstrate compliance through an amended type 

certif cation program or a supplemental type certification program should have also included the option 

to use data provided by the manufacturer as supplements to the AFM. We believe that the FAA's 

language in this provision was based on the FAA's understanding at the time the final rule was published 

that no manufacturer had developed performance data that would meet the specified criteria. In 

researching the matter, we have been informed that the manufacturer had, in fact, developed performance 

data that would meet these criteria. The manufacturer states in paragraph 9-37.1.3 of Supplement 37; 

"In the 1970s, de Havilland investigated the possibility of certifying the DHC-6 Series 300 

landplane in compliance with FAR 25 standards. Although the aircraft was never certified to this 

standard, the necessary performance data required to comply with FAR 25 certification at 

amendment level 23 was collected, <malyzed, and approved for use with 6 specially constructed 

'300S' aircraft. Since the performance requirements at FAR 25 amendment level 23 are almost 

identical to the commuter category requirements of FAR Part 23 at amendment level 57, this data 

has been used as the basis for aircraft performance presented in this supplement. The performance 

data generated to meet these certification requirements is suitable to be used if compliance with 

the operational performance requirements of EU OPS 1/CAR 704/FAR 121 is required. It may 

also be suitable for use where other operational rules are in effect." 

As a result. Seaborne Airlines is requesting that, in addition to an amended type certification program or 

a supplemental type certification program, the Federal Aviation Administration recognize Supplement 37 

as a third option to demonstration compliance with the commuter category performance requirements 

specified in this appendix, (14CFR Part 121, Appendix K) which are included in part 23 of this chapter. 

Equivalent Level of Safety 

It is imperative that all parties understand that Seaborne Airlines is not requesting relief from any 

performance requirement of part 121 but rather is requesting that Federal Aviation Administration 

recognize Supplement 37 as an approved method to demonstration compliance. 

Since this supplement was prepared by the manufacture and approved by Transport Canada, we believe 

that the data is as accurate as could be obtained from any other source. As a result, Seaborne Airlines 

believes that the same or possibly a greater level of safety would exist by granting the use of the 

manufacture's supplement data to meet performance requirements. 

Benefit to the Public Interest 

If Seaborne Airlines is unable to use the manufacture's data to demonstrate compliance with performance 

requirements. Seaborne Airlines will be forced to conduct operations in accordance with regulatory 

requirements with lesser safety standards after December. If Seaborne Airlines was unable to absorb the 

financial impact of this restriction, many of our passengers would be forced to fly on "9 or less" piston 

powered aircraft or worse, single engine aircraft to some of the island destinations we currently serve. 

Currently, Seaborne Airlines carries approximately 85% of the local passenger traffic between St. Croix, 

VI and St. Thomas, VI. 

We believe that the FAA spoke to this concern in the publication of the final rule (FR Vol. 60, NO. 244, 

65832 dated December 20, 1995) by stating that some carriers 
"...might replace their equipment with airplanes configured for fewer than 10 passengers. This 

airplane group is not covered by this rulemaking and has a higher accident rate than the 10-19 

passenger airplanes. Therefore, an unintended effect of this rule could be an increase in the 

accident rate." (FR 65857) 

In addition to this unintended consequence, two unforeseen situation occurred well after this rule was 

adopted. Firstly, the presumption was that the 15 year compliance period contained in the rule would; 

"... allow operators sufficient time to plan for the replacement of these airplanes without 

incurring an enormous economic loss. It also will allow manufacturers time to develop better 

substitutes for these airplanes." (FR 65893) 

Contrary to this presumption. Seaborne Airlines is not aware of any replacement aircraft that is now 

available that will replace the DHC-6-300 in the market we currently serve. 

Secondly, there was a presumption at the time that; 

"... the average market values for the pre-SFAR 41C airplanes are $500,000 for the (DHC-6) 

Twin Otter ..." and that"... these airplanes will incur a reduction in market value of $56,000 

($20,000, present value)." (FR 65905) 

This presumption proved to be substantially inaccurate in that the current market value of a DHC-6 Twin 

Otter is between two and a half million dollars to three million dollars based on condition and 

maintenance status. In addition to the acquisition cost, Seaborne's direct hourly operating cost is 650 

dollars per hour. As a result, it is economically impossible for Seaborne Airlines to serve the public and 

maintain current 121 safety levels by operating this aircraft in a "9 or less" seating configuration. 

Seaborne's role in the US Virgin Islands and Puerto Rico is one of extreme important economically as 

well as politically. 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 and Puerto Rico. 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 

passenger carrying operations in Puerto Rico and the Virgin Islands. Seaborne's fleet consists exclusively 

of DeHavilland DHC-6-300 aircraft. 

On December 20, 2010, certain regulatory provisions specified in 14CFR Part 121, Appendix K, 

Paragraph 5(a) require the airline to demonstrate compliance with part 121 aircraft performance standards 

by developing an amended type certification program or a supplemental type certification program for 

this aircraft. 

Seaborne Airlines seeks exemption relief from developing either of these programs by proposing that 

performance data that was developed by the aircraft manufacturer in the form of a supplement to the 

AFM be deemed acceptable by the FAA as an exceptionally superior source of data from which to show 

compliance with part 121 performance requirements. 

In the absence of this exemption relief. Seaborne Airlines could no longer conduct operations in 

accordance with Part 121 with this aircraft and would be forced to provide service to its customers in 

accordance with regulatory requirements with lesser safety standards. 
Technical Support - Contact Information 

Seaborne Airlines - Airplane Performance Project Leader 

Mr. Ladd Lewis 

(954) 683-4786 

captainiadd@hotmail.com 

Seaborne Airlines - Chief Operating Officer 

Mr. David Ziemer 

(340) 773-5991 extension 23 

dziemer@seabomeairlines.com 

Viking Air Limited - Product Support Manager - ATLAS 

Mr. George Gee 

(250)656-7227 Ext 2244 

george.gee(g)vikingair.com 

Conclusion 

Seaborne Airlines cannot over emphasize the importance of this issue to the people of the United States 

Virgin Islands and Puerto Rico and the four hundred thousand passengers that we will transport this year. 

Furthermore, Seaborne Airlines has a excellent safety record operating the Twin Otter for over 15 years in 

commercial air transportation without a serious incident. On behalf of our employees, customers and the 

peoples of the Virgin Islands and Puerto Rico 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