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 N540M 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 A3201. 

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 

Enclosure 
4 

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