AFS-12-402-E July 20, 2012

Exemption No. 10590 Regulatory Docket No. FAA-2012-0573

Mr. Steven E. Thomas Aviation Manager Marathon Oil Company

17281 JFK Blvd Houston, TX 77032

Dear Mr. Thomas:

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 May 22, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Marathon Oil Company (MOC) for an exemption from part 91, Special Federal Aviation Regulation (SFAR) 77 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow MOC to conduct 14 CFR part 91 flight operations between points outside of Iraq and the Erbil International Airport (ORER).

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 MOC.

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. 10437 (copy enclosed), the FAA found that the circumstances presented by the petitioner justified a grant of exemption, the petitioner sufficiently showed that a grant of exemption would be in the public interest, and a level of safety equivalent to that provided by the SFAR would be maintained.2

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

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 10437;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10437 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 Marathon Oil Company, hereafter referred to as the operator, an exemption from 14 CFR part 91, SFAR 77 to the extent necessary to allow MOC to conduct part 91 operations with aircraft N 540M only between points outside of Iraq and the Erbil International Airport (ORER), subject to the conditions and limitations.

Conditions and Limitations

1. The operator must comply with the conditions and limitations set forth in Letter of

Authorization A320 1

.

2. All flights under this exemption will be conducted by U.S. certificated pilots employed by the operator who are current and qualified under the applicable requirements of 14 CFR.

3. The operator and the operator’s pilots will be responsible for flight planning, and obtaining all necessary overflight permissions from the appropriate authorities of countries on the planned route.

4. A copy of this grant of exemption must be carried on all flights operated under this exemption.

5. The operator, prior to conducting its first flight to Iraq under this exemption, must complete and submit to its flight standards district office the attached document, captioned “Waiver of Claims and Agreement to Indemnify and Hold Harmless the United States of America” containing the operator’s agreement to release the U.S. Government from any and all claims and liabilities, as well as its agreement to indemnify the U.S. Government with respect to any third party claims and liabilities relating to any and all events arising from or related to operations authorized under this grant of exemption

1 See also the interpretation of 14 CFR part 91, SFAR 77 published in the Federal Register on April 23, 2004 at

69 FR 21953-21954.3

This exemption is also extended to the MOC airmen who will be exercising the privileges of airmen certificates issued by the FAA in connection with the operations authorized under this exemption only to the extent necessary to conduct such operations.

This exemption terminates on July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure4

Project No.: AFS-12-402-E

Project Officer: _______________

ARM-101:KJones:6/4/2012:Doc#34313 ARM-1/100/101:Program Office AFS-200

Statistics: Summary Grant[1].DOC, 674 words
Original, 04 Jun 2012 14:19
Style Index 47 **Good** for a Legal Document
Average Sentence Length 29 **Poor**

Passive Index 6 **Excellent**

MR STEVEN E THOMAS

AVIATION MANAGER

MARATHON OIL COMPANY

17281 JFK BLVD

HOUSTON TX 77032