AFS-10-136-E March 22, 2010 Exemption No. 10033 Regulatory Docket No. FAA-2003-16561

Mr. Dan Corson Director of Operations Alaska Coastal Airlines, Inc., d.b.a. Wings Airways 8421 Livingston Way Juneau, AK 99801

Dear Mr. Corson:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 5, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Alaska Coastal Airlines, Inc., d.b.a. Wings Airways (Wings) for an extension of Exemption No. 8185, as amended. That exemption from § 135.203(a)(1) of Title 14, Code of Federal Regulations (14 CFR) allowed Wings to operate under visual flight rules (VFR) outside controlled airspace, over water, at an altitude below 500 feet above the surface. That exemption, however, expired on October 31, 2009. Therefore, we will treat your request as a new petition.

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

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Wings.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8108 (copy enclosed), the FAA found that the weather phenomenon of good in-flight visibility beneath low cloud ceilings often exists over protected inland waterways, such as those in Southeast Alaska, and it is in2

the public interest to operate under VFR outside controlled airspace, over water, at an altitude

below 500 feet above the surface.

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

• they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

• a grant of exemption is 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 grant Alaska Coastal Airlines, Inc., d.b.a. Wings Airways an exemption from 14 CFR § 135.203(a)(1) to the extent necessary to conduct operations under VFR outside controlled airspace, over water, at an altitude below 500 feet above the surface, subject to the conditions and limits described below.

Conditions and Limitations

1. Wings must conduct operations under this exemption—

a. Exclusively in seaplanes operated under its air carrier certificate;

b. 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. At true airspeed not to exceed 130 knots;

d. Over open waterways, within sight of shore, and at minimum safe altitudes for emergency landing and separation clearance as set forth in 14 CFR § 91.119(a) and (c); and

e. Within U.S. airspace defined by a line from—

Latitude 57°00 ́ N. longitude 136°00 ́W. to Latitude 57°00 ́ N. longitude 133°30 ́W. to Latitude 58°30 ́ N. longitude 133°30 ́W. to Latitude 59°30 ́ N. longitude 135°00 ́W. to Latitude 59°30 ́ N. longitude 136°00 ́W. to Latitude 59°00 ́ N. longitude 137°00 ́W. to Latitude 58°00 ́ N. longitude 137°00 ́W. back to Latitude 57°00 ́ N. longitude 136°00 ́W.

2. When Wings conducts operations under this exemption—

a. Sky obscuration must exceed five-tenths cloud coverage and must preclude VFR flight at or above 500 feet above the surface;3

b. Aircraft position and anti-collision lights must be on and functioning;

c. Aircraft may be operated below 500 feet above the surface down to an altitude of 400 feet above the surface only when the—

i. Flight visibility is a least 2 miles;

ii. Surface wind velocity along the approved route is 12 knots or less; and

iii. Height of the sea (waves) is 1 foot or less;

d. Aircraft may be operated below 400 feet above the surface down to an altitude of 200 feet above the surface only when the—

i. Flight visibility is at least 3 miles;

ii. Surface wind velocity along the approved route is 12 knots or less; and

iii. Height of sea waves is 1 foot or less; and

e. Wind and sea conditions must allow for the safe accomplishment of an unscheduled landing.

3. Wings is not authorized to conduct operations under this exemption within Canadian airspace.

4. Wings is not authorized to operate an aircraft under this exemption at an altitude of

less than 200 feet above the surface.

5. Wings must provide each pilot operating under this exemption with annual training on the conditions and limitations of this exemption.

6. Before conducting operations under this exemption, Wings must obtain approval for

the routes to be flown from its certificate holding district office.

This exemption terminates on March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure