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· Erin B. Marston

4109 Tazlina Avenue Anchorage, Alaska 99517 November 25, 2013

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

### U.S. Department ofTransportation Docket Operations, M-30 West Building ground floor, Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 Re: Iditarod Air Force- Request for Permanent Exemption for Exemption No. 9810

Dear Sir orMadam: I am writing on behalfofthe Iditarod Air Force to request a permanent exemption as the natural progression of Exemption No. 9810 which the Iditarod Air Force has been operating under for over five years. I am not acting as an attorney, but I have been designated the representative ofthe Iditarod Air 

### Force ("IAF") relating to the exemption and would appreciate receiving future correspondence concerning this matter. Please accept this letter as a request on behalfofthe IAF and on behalfofthe Iditarod Trail Committee to convert Exemption No. 9810 (Regulatory Docket No. FAA-2008-1246) to a permanent exemption. Alternatively, the IAF requests a ten year extension ofthe exemption.· Pursuant to 14 CFR Part 11, and in particular 14 CFR § 

### 11.81, I am providing the FAA with the following information. I am also providing a complete copy ofour November 6, 2008 petition, our March 20, 2009 request for extension, the FAA's Exemption No. 9810 and· the January 29, 2010 Corrected Copy granting the petition and the March 23, 2012letter granting an extension ofthe exemption until April30, 2014. (Exhibits 1, 2, 3, 4 & 5) (a) Your name and mailing address and, if

### you wish, other contact information such as a fax number, telephone number, or e-mail address. 

### Erin B. Marston 4109 Tazlina Avenue Anchorage, Alaska 99517 (907) 248-4954 (907) 242-9901 marston@alaska.net

### U.S. Department ofTransportation Page 2 of3 November 25,2013 

### (b) The specific section or sections of 14 CFR from which you seek an exemption. 14 CFR § 61.113(a) and 14 CFR § 119.21(a)(1). 

### (c) The extent ofreliefyou seek, and the reason you seek the relief. We seek the same terms and conditions as stated in Exemption No. 9810, excepting that we request the converted to a permanent exemption. Alternatively, we request that expiration date be extended to April30, 2024. The reasons are also the same as set out in our November 6, 2008 and January 7, 2009 petition, and at pages 1-5 ofthe FAA's ExemptionNo. 9810. 

### (d) The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole. The reasons why granting the extension would be in the public's interest are the same as stated by the FAA at pages 4-5 ofits Exemption No. 9810. We agree with the FAA's analysis, and nothing has changed factually that would in turn alter that analysis. Rather than repeat that analysis, a copy ofExemption No. 9810 is attached hereto. 

### (e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seekthe exemption. Here too, the IAF continues to agree with the analysis set forth by the FAA, at pages 4-5 ofExemption No. 9810, regarding the lAP's operations being at least as safe (and in the lAP's mind, far safer) than operations would be without the exemption. Nothing has changed factually in this respect, either, that would alter that analysis. In fact, the last five years of history has demonstrated the overall safe operations that have been accomplished under the IAF's policies and procedures in conjunction with the FAA guidance. (f) 

### A summary we can publish in the Federal Register, stating: (1) The rule from which you seek the exemption; and (2) A briefdescription ofthe nature ofthe exemption you seek. "A permanent exemption is sought by the Iditarod Trail Committee and the 'Iditarod 

### Air Force' as to 14 CFR 61.113(a) and 14 CFR 119.21(a)(1), for the lditarod 

### Air Force to continue flying support under 14 CFR Part 91 for the 1,100 mile lditarod dog race in Alaska. Exemptions have been granted for the 2008, 2009, 2010, 2011, 2012, 2013 and 2014 races. The exemption would permit the volunteer pilots to continue accepting gas, oil, insurance, food and minimal housing during the race, including the pre- and post-race staging efforts."

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U.S. Department ofTransportation Page 3 of3 November 25,2013 (g) 

### Any additional information, views or arguments available to support your request. The prior petition and Exemption set forth the information, views, and arguments in support ofthe Exemption. The five year history of compliance by the IAF with the conditions and terms ofthe Exemption, including the February 28, 2010 deadline to submit IAF operational control procedures, the October 30, 2010 deadline to submit a flight training program, the October 30, 2011 deadline for submittal of a letter of compliance and the October 30, 2011 deadline for a general operations manual, all reflect positively on the IAF's ability to operate professionally and safely. The IAF has an excellent working relationship with its principle operations inspector, Christina R. Bryant, as well as the rest of the regional FAA. Granting a permanent exemption will allow the IAF to continue its safe operations, with the oversight ofits principle operations inspector

.. The lditarod, the "Last Great Race" is a professionally operated long distance sled dog race that attracts dog teams from around the world. Run through the vast expanses ofAlaska, the logistics of the race require air support, support that the IAF provides. Costs associated with operation ofthe IAF, including fuel and insurance are one ofthe major expenses ofthe race. In order to budget for these costs, and to insure that air support will be available, the IAF and the lditarod Trail Committee needs the stability ofa permanent exemption that will allow the race to make long term plans and budgeting decisions relating to air support. This stability is crucial to the survival ofthe race. 

### (h) If 

### you want to exercise the privileges of your exemption outside the United States, the reason why you need to do so. · No, the IAF does not wish to exercise the privileges ofthe exemption outside the U.S. Thank you. I welcome your calls, as well as those from anyone else at the FAA. Very truly yours,

# fLe.H~ Erin B. Marston

Enclosures cc: Mr. Clint Wease (Alaska Region, Flight Standards Division Manager)( w/encl.) Mr. Ken A. Thomas (Anchorage FSDO Manager) (w/encl.) Mr. Howard Martin (FAA Regional Counsel) (w/encl.) Mr. Stan Hooley (Executive Director, lditarod Trail Committee) (w/encl.) Mr. Bert Hanson (ChiefPilot, lditarod 

### Air Force) (w/encl.) Ms. Christina R. BryantI· LAWOF,!ICES {· 

### -·Bm.ca, HoRTON, BIITNERAND

### CHER.oT A PROFESSIONAL CORPORATION

1t27 WEST SE\IEHTHAVENUE • ANCHORAGE, ALASKA 99501-33()1 • TELEPHONE (90n 276-1550 • (800) 475-1550 • FACSIMILE (9Dn 275-368()**HAI.It.-TOH(III44·1~** " RONALD Q.IIRCitWllw.ltt.BIT1NS! KAlHR'IItA. BLACK SI.IZANNe CHEROT N>AM W. COOIC**JOIIM.~** QWU.E& R.-.er GREGORYII. FISHER OOUGIAS &.R.UEII'**tMXD.~ OA.~ICARI.GROSS**  lK\M. ClROIII9 WUIAM P.IICRN" IITI!PHI!H litf.II"CHNCO;S OANIB.C. KENT 1HClW,8 F.!Ui!CNBI DAIIID 1!. LAMI'P'O STIIHL£YT.I.EWS JAMES H. USTER""!O GREGOIIVA.Wl.I.!R JENNIF£RL.OWENS,f'l>l). MICWIEI.J.PMIGE llMOntfJ.PETUII£HOS EIJIWIETH H. ROSS- HOU. yc. SIJOZZQ ttSSCONNECT1CUfAVE...IIJN. GWICI2DO -ON,b.C.- CZII:IIGSNIOO FACSIMILE (2llil)-..tatl

• D.C.IIAA • D.e.NIIALASKAIWI t lWMAHDliAR o \IJRG-BAR

At.LcmERS N.Ni¥AeM WRITER'S DIRECT DIAL (907) 263-7266 • WRITER'S DIRECT FAX {907) 276-3680 • qmlller@bhb.oom

U.S. Department ofTransportation Document Management System 400 7th Street, NW Room Pl401 Washington, D.C. 20591-0001 November 6, 2008

Re: lditarod 

### Air Force

- Petition for Part 135 Exemption BHBC File No. 999;999.9196 Dear Sir or Madam: This is a formal petition by my client, the lditarod Trail Committee, for an exemption to 14 C.F.R. Part 135 to permit the "lditarod Air Force" to continue flying in support ofthe lditarod dog race. 

### I have met with pilots 

### ofthe IAF and the lditarod Trail Committee board of directors. The executive director ofthe lditarod Trail Committee, as well as the lditarod Air Force's (''IAF'') chief pilot, have in turn reviewed and approved this submission, and both the lditarod Trail Committee and the IAF pilots agree to foHow all procedures and restrictions within this petition.

. For ease**thi~** petition follows the fOrmat of Exemption No. 

### 9619 granted to the IAF last February 15, 2008. I will simply incorporate by reference both the January 31 Petition and the February 15 Exemption. Copies of both of those documents are attached. My suggested revised language as to each of the 13 "Conditions and limitations" found at pages 5-6 

### of Exemption No. 9619 are set forth 

### in caps. I also propose two new conditions (14 and 15), t9 address the length of this exemption and to define precisely what flights the IAF can conduct pursuant 

### to this exemption. 

### 1. "Only 

### U.S. registsred aircraft may be used in these flight operations." This continues to be acceptable to the fAF. None of ·the planes used by the IAF have ever

### been non"U.S. aircraft. 

### 2. 'The Commlttee/IAF and each aircraft owner and operator will assume regulatory responsibility ensuring that each 

### aircraft operated under this exemption will have a current annual inspection as required by 

### Section 91.409(a) at the time ofoperation." This continues to be acceptable to the IAF.

F:1999999\9196\00031607.DOC Exhibit 1 Page 1 of 22 

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Document Management System, DOT November 6, 2008 Page2 '

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### 3. "Only those pilots identified in Attachment 1 may operate under this exemption." This list is, at least at this juncture, the same as last year's list, and this condition 

### is acceptable ifthe 

### FAA deems it truly necessary 

### for safety. 

### But given that the list is hereby being 

### submitted more than four months prior to 

### race start, names 

### can change. The IAF thus requests slightly more flexible language, as follows: 

### "Only those pilots 

### identified in Attachment 1 

### may operate under this exemption, UNLESS ADDITIONAL NAMED PILOT(S) AREAPPROVED BYTHEANCHORAGEFSDO." 

### 4. ..Private pilot certificate holders Identified In Attachment 1 may only carry Inanimate properly 

### and/or dogs." This continues to be acceptable, but to incorporate the flexibility requested in Condition No. 

### 3, above, 

### this should read 

### "Private pilot certificate holders identified

### in Attachment 1, AND ANYOTHER ADDITIONAL NAMED PRJVATE PILOTS APPROVED BY THE ANCHORAGE FSDO, 

### may only 

### carryInanimate propertyand/ordogs

... 

### 5. ncommercial pilot certificate holders and airline transporl pilot certificate holders identified 

### in Attachment 

### 1 who do 

### not possess validsecond or first class medical certificates may conduct operations that include carriage of inanimrJte propertyand/ordogs. No persons may 

### be carried." This continues to be acceptable, although with the same change as noted in 3 and 4 to add ".•

### .identifiedin Attachment 1 AND PRIVATE PILOTS APPROVED BY THE ANCHORAGE FSDO may only carry ••. " 

### 6. "On flights in which passengers are carried (e.g. 1 

### veterinarians or physiciansj, the pilots mustholdatleast commercialpilot certificates and atleast second class airman medical. certificates.". This continues to be acceptable to the 

### fAF. · ...

- · ::. ·. ·**7~:··** 

### ··,oflty 

### U.S. certificated airmen may act as required crewmembers 

### on .aircraftoperated Linderth;s 

### exemption

... This continues to be acceptable to the IAF. 

### 8. "All operations willbe conducted underday visual flight rules (VFR). No nighttime or 

### instrument flight 

### rules (!FR) operations will be conducted 

### in any 

### operation affected 

### by 

### or subject 

### to this 

### exemption.,. -This continues to be acceptable to the IAF. 

### 9. "All passenger-carrying operations conducted under this exemption shall be conducted in accordance with parl 135 weather minimums found in 

### Section 135.205{a)." 

### This continues 

### to be acceptable to the IAF.

(F:\999999Wl96\0003l607.DOC I Exhibit 1 Page 2 of22 ' 

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### 6, 2008 Page3


### 10. ,. All passenger-carrying operations conducted under this exemption shall 

### be conducted In full compliance with altitude restrictions contained in Section 135.203(a)(l).,. This continues to be acceptable to the IAF. 

### 11. ,. All personnel affected**by~** 

### relying on, or otherwise included in Attachment 

### 1 of this exemption shall be provided a written· copy of the exemption." This continues to be acceptable to the IAF. 

### 12. 

### "A copy of 

### this exemption shall be 

### carried aboard each aircraft operated under the exemption." This continues to be acceptable to the IAF. 

### 13. '"The CommitteeAAF will conduct 

### a one-time briefing on the conditions ofthe exemption forallpersons described above before anyperson commences any flight operations conducted underanysuch exemption.,. This continues to be acceptable to the IAF. · There are three other issues beyond the thirteen conditions contained in last year's exemption. 

### First, the IAF hereby proposes that this be a five year exemption, to allow for resolution of a closely-related issue, non-profit ••mercy flights." Since 2007 certain nonprofit flights have been expressly authorized by 14 C.F.R. §91.146. Clearly the IAF's flights are not for profit, but this regulation nonetheless applies only to flights that begin and end at the same place, and only 

### if the flights are very limited in number. Alaska Senator Usa Murkowski recently introduced a bill to slightly expand this scope
. (S 3553, attached). If Congress passes this law, or if the FAA otherwise expands 

### §91.146, this should pennanently resolve the IAF situation. The IAF strongly supports Senator Murkowski•s bill. A five year exemption period would allow either Congress or the FAA to resolve this issue, without the need for either the IAF or the FAA having to needlessly go back 

### to the drawing board each year for another exemption. The IAF therefore proposes the following language, which is designed to maintain the IAF's safety while accommodating any changes Congress or the FAA may make to the mercy flight regulation: "14. THIS EXEMPTION SHALL CONTINUE FOR FIVE YEARSJ UNLESS THE FAA 

### (a) FURTHER EXTENDS THIS EXEMPTION, OR·(b) THE IAF FLIGHTS ARE ENCOMPASSED WITHIN ANY REGULATIONS THAT ARE THE 

### RESULT OF REWRITING 

### 14. C.F.R. 

### §91.146." 

### To be very clear, it 

### is 

### my understanding that the FAA is considering a three year exemption, whereas by this petition the IAF is requesting a fiVe year exemption. But per my proposed language, above, tl)ere would be no downsiqe to granting a five year exemption because (1) safety is not being compromised during the additional two year period, and (2) the exemption would be shortened if/when Congress and/or the FAA resolve the mercy

{F:\9?999919196\00031607.DOC) Exhibit 1 Page 3 of22 

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,. !BIRCH, HORTON, BITTNER ANuCHEROT I\PROfESSIONAl CORPOAATION Document Management System, DOT November 6, 2008 Page4 flight issue through a re-writing of the regulation (or passage of a statute). 

### I thus urge your careful consideration to ourfive year request.

. Second, the 

### FAA has previously inquired whetherthe IAF can reduce its carriage of certain passengers by utilization of local Part 135 operators. To do its job the IAF needs to transport not just dogs and straw, but also mushers, volunteers, veterinarians, etc., and the exemption would continue to permit such flights, which in tum is acceptable to the IAF. An issue beyond this exists, however, as to the carriage of media personnel. To eliminate any confusion, some discussion is needed about precisely who 

## can be flown by the IAF. The IAF continues to strongly maintain that the IAF is far safer than any 135 operator who might desire to make these same flights. The IAF has literally thousands

. and thousands of fditarod-specific flying hours that span two decades. As mentioned

above, notwithstanding the fAF's experience and safety record there is still an issue about 

### the carriage of media personnel. By way of background, the media personnel that in prior years the IAF has carried fall into three groups: two of fTC's licensees ('Original Productions-Discovery Channel" and "Versus"}, and ITC's own media 

### staff. Both Original Productions-Discovery Channel and Versus market their products commercially on cable 

### TV. Of the total 

### 1,486 flights made by the IAF for last year's race, 

## sa· flights were conducted for Original ProductionsJOiscovery Channel and Versus combined. Original Productions-Discovery Channel had a crew 

### of 19 people; 

### of these 

### 19, the 

### IAF flew 15 at one time or another (others moved by snowmachine, were based only in Anchorage, or otherwise did not fly by small plane). Versus's crew totaled three people, and the 

### lAP flew all three ofthem at one time or another. The IAF and the lditarod Trail Committee agree that 100% of these Original Productions-Discovery Channel and Versus flights will not be flown by the 

### IAF under Part 91 and/or this exemption, and instead that certificated 135 operators will carry these people. Pursuant to the lditarod Trail Committee's contracts with these two

.organizations, the lTC is required to provide these crews with housing and logistical support, including air transportation for up to three people per day along the race route. The lTC will thus attempt to locate 135 operators willing to carry these two production company members, even though the lTC will likely end up having to pay for that transportation. If a local 135 operator is not available or economically reasonable, the IAF will fly these people only 

### with IAF pilots Who possess a valid 135 certificate, and 

### all such flights will be operated under Part 135. To be clear on this point, five IAF pilots have now submitted applications to the FAA to become single pilot 135 operators, and once those certificates are issued these pilots could 

### carry t.he 

### two production crews for. 100% of the race. Please know that these IAF.pilots 

### will 

### nQ! resort to using their 135 privileges, however, unless a local 135 operator is unavailable or not economically

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reasonable. The IAF will also keep records of its solicitations to 135 operators for such**non~essential** flights, and produce such records upon request by the FAA That leaves only the issue of fTC's media personnel and their air transport. These people are vital to the lditarod, and in no sense does the lTC deem them to be in the same category as Discovery or Versus. Operationally they are treated and deemed the same as the race officials, veterinarians, etc. It is essential that they be able to fly with IAF pilots (subject to the above Terms and Conditions, including 

### #5 and 6 that only Commercial or ATP pilots holding at least a current second class medical be utilized). ITC's mission, in part through its media staff, is to preserve the sport- of mushing and to stage the world's premier sled dog race along the Historic lditarod Trail. lTC accomplishes much of 

### its mission through the efforts of its media staff. fTC's media staff films the race and provides a web based product for race fans known as "lditarod insider." It also produces a 90-minute documentary each year, the proceeds of which are used to help stage the race. During last year's race the fTC's media crew was comprised of eleven people. Of those eleven, three flew in a helicopter operated under Part 135. Four more traveled by snowmachine. The remaining four, at one time or another, traveled in IAF planes. Of the 1,486 total IAF flights last year, these.four peop_le flew on only 39 IAF flights. So at issue is really just 2.6% of the IAF's 1,486 total flights. All of these flights were short (generally under one hour). Like all the other lditarod crews, these people literally "lived" the race, slept on floors with our other volunteers, etc. Neither the IAF nor the lditarod Trail Committee sells them space on any IAF plane. Nor would a 135 operator be willing to stay with these people 24 hours/day, flying perhaps just one or two short flights per day. Because the lditarod media crew's job is to document the race, flying is just "incidental to" getting to where this documentation will take place. With football.and many other sports, the athletes are surrounded byfans in a 100-yard stadium. Wrth the lditarod, the astadiumn is 1049 miles long. The only way to keep the fans involved is to bring them the race via the alnsider Report." Without this involvement from the fans, the race would lose interest or, worse yet, not gain interest with new fans. This makes the work ofthe lTC media staff crucial to the success ofthe race. Accordingly, to eliminate any confusion the IAF proposes the following language: "15. /AF PILOTS HOLDING ATLEASTA COMMERCIAL OR ATP UCENSEAND A CURRENT SECOND CLASS MEDICAL MAY CARRY NOT ONLY INANIMATE OBJECTS AND ANIMALS, BUT ALSO VETERINARIANS, RACE OFFICIALS, MUSHERS, VOLUNTEERS, IDITAROD INSIDER CREw, AND SIMILAR PEOPLE. NON-ESSENTIAL CREW SUCH AS 'ORIGINAL PRODUCTIONS/DISCOVERY CHANNEL' AND VERSUS' SHALL NOT BE CARRIED PURSUANT 

### TO THIS EXEMPTION, ALTHOUGH SUCH NON-ESSENTIAL CREW MAY BE CARRIED BY IAF PILOTS WHO OTHERWISE· HOLD AND OPERATE SUCH FLIGHT{$)**ff':\999P99\9!96\00~3!607.DOC** l Exhibit 1 

### Page 5 of22 

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PURSUANT 

### TO A VAUD PART 135 CERTIFICATE. THE IAF WILL ALSO KEEP RECORDS 

### OF ITS SOLICITATIONS 

### TO 135 OPERATORS 

### FOR SUCH NONE$SENTIAL FUGHTS, AND PRODUCE SUCH RECORDS UPON REQUESTBYTHE 

### FAA."Third and finally,. 

### it is my understanding that the FAA has discussed the possibility of requiring each plane used by the IAF to undergo 

### a 125 hour inspection. This presents two problems. First, some of the pilots fly at least this much during the race itself, and obviously 

### it is not feasible to require the aircraft to undergo a mid-race inspection (the race lasts only two weeks, plus staging activities on either end, and is conducted in the remotest parts of Alaska). Second, at least for this year many of the pilots have already undergone an annual and logged hours on their planes, and requiring this additional inspection mid-cycle for this quickly-approaching 2009 race would impose a large economic burden, while not advancing safety. It is my understanding that there have been no maintenance-related accidents or incidents during the thousands and thousands of hours of IAF flying over the years, and thus imposing an additional125 hour inspection requirement would not advance safety. Wrth this said, the IAF would suggest the following two solutions, in this order:

. 

### (1) Do not create as a new condition of the exemption a requirement for any inspections beyond the requirement setforth in Condition No. 

### 2, above, for an annual inspection; or (2) require an inspection in the prior 200 flight hours (not 125 hours). 

### Iwelcome your calls, as well as from anyone else at the 

### FAA.

GAM:srrn Enclosures: Exhibits A-C

(F:\999999\9196\000JIWI.DOC} Very truly yours, BIRCH, HORTON,

Exhibit 1 Page 6 of22 

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# Iditarod- Air 

# Force

- . A Division of IditQrod Trail Commltteer Inc.



### January 31,2008 P.O. Box 870800 Waslllar Alaska 99687 .(907) 376-5155 X 100



### U.S. Department ofTransportation "Document Management System 400 7th Street, SW RoomPL401 Washingtbn·n.c: 20591-001 

### VERY URGENT, PLEASE**EXP~ITE** Dear SirorMadam; In accordance with Title 14, Code ofFederal Regulations (CPR) Part 11, specifically Federal Aviation Regulation (FAR) 11.61 (b). TheIditarod 

### Committee and thelditarod AirForce hereby petition the Fedenil Aviation Administration seeking exemption :from certainrequirements referenced below, and alsQ petition on behalfofthe 

### pilot/owners, who are identified by nameand 

### pilot certificate number 

### as listed in

### Attachment I to this petition. 

### All petitioners 

### shall simply be refereneed 

### hereafter as "petitioners" and given thebroad definition of

### "operator" set

### out in FAA regulations, intelJlretations and**ass~iated** case law , theuse of"petitioners"

### means all seek the 

### same relief, unless specifically identifiedherein. Inorder toprovide clarity and contexttothis petition, petitioners shall describe her<:in a current 

### Bl').dhistorical perspective oftheflight operations and the event

### 1hese operations support. The lditarod Trail 

### Committee operates and directs the annual sled dog race commonly**refe~** to as "the lditarod". The**C~ttee** 

### iS a 503 C Not for Profit 

### Corporation based in Wasilla, Alaska. As iswell known, theCommittee bas historically depended on volunteers inmany**~** tokeep the race economicallyviable, andto secure services in areas with very limited commercial so1,ll'ces. One indispensable group ofvohmteers organized and incorporated as a non-profit, adopting the name Iditarod AirForce EJAF). The lAF includespilots and aircraft 

### owners who volunteer themselves and their aircraft to supportrace functions. 

### Neither the Committee 

### nor the IAF hold any form ofcertificate issued by the FAAto conduct commercial transportation 

### services. Thepilot-owners receive fuel, insurance, food and lodging inreturn 

### for transporting dog 

### food and other materials to points along the route. They also transport veterinarians, there own mernapersonnel as well a small nwnber ofniedia

### licensee and 

### otherpeople"to various**po~ts,** again receivingthe described coinpensation for these operations. The 

### Committee-also charges mceparticipants an ent:rap.ce fee that is used in partto cover the cost 

### offlying dogs, foods, and equipmentalong therace route. The entrant fee is not a direct charge for aviation services butcovers a wide-range ofrace-related costs. 

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### I**of~** Page

___ _The route stretches over a 1049 miles, varying slightly according to 

### trail conditions and alternative starting points, but generally iuns thehistorical route from north ofAnchorage 

### in south central Alaskato Nome located

# on the Beiing Seain thenorthwestcorner ofthis vast state. It approximates the historic route traveled by dogteams whenthe entire**comm~ty** ofNome 

### relied on**mush~** to deliver serum during an epidemic affecting and endangering an entire town. It

### is thepre-imminent athletic/sporting event 

### in Alaska, andis followed by millions across the Earth as real-time news coverage 

### is literally carried across the globe. In a state often characterized

### by cultural splits betweenurban and rural areas, ithas a 

### dramatic unifying effect for 

### the people oftbe state, where urban town-dwellers and 

### small villagers ofdiverse ethnic and economic backgrounds uniteundera single banner and pm:pose. This race literally repreSents the entire culture ofa state. Ina state characterized by a siowdown in towism industry during ihe · winter, it gives a needed andimportantinfusion ofeconomicbooSters when most small businesses find themselves at a slowand difficult time. This race does not simply reflect a form ofWJusua1 entertainment, rather it is ofhuge public interest in a very vast and unique s1ate. The

·Iditarod is literallythe most visible symbol ofa frontier that has vanished from the restofthe nation.
For almost two decades the Committee has relied onthe aviation**~lunteers** andrelated fee structure to operate the race successfully. The Committee viewed its system as merely ameliorating the substantial costs shouldered bythese aviation volunteers. Nevertheless, the Committee has been advised that these**ma~s** andmethods 

### are subjectto the more rigorous standards ofPart 119 and 135 ofthe Federal Aviation Regulations, and otherregulatory requirements inParts 61 and 67 directed to individualpilots. The FMhas identified interpretations

### it believes require these more stringent standards, those interpretations setting out theagency'sposition andpolicyregarding these matters. Two of**th~** inparticl,l]ar are identified as FAA Jntetpretati.on 1993-4and 1997-23, issued in accordance with statutory authority by'the general counsel's organization oftheFAA. Petitioners concedethat the positions setoutinthose interpretations conflict withthe system previously inuse by the Committee/AirForce, without admitting any violation ofregulations. Immediate imposition ofthoserequirements would literally make support ofthe race impossible, and couldpermanently endthis historical everit. It is ofcriticaJ public interest, particularlyto the cultural and economicinterests ofan entire state, that the Committee/AirForce be allowed to operate undercunentconditions,**subje~** to specific restrictions put inplace to assurethe highestlevel

# ofsafetyforhuman participants, observers, employees and non-aviationvo1unreers. As will beindicated below, we believe with the additional safeguards inplace, our proposal will enhance safetymore than simply requiring service by small, seasonal, certificated operators. Petitioners seek exemption fiom FAR 119.21(a) for the Committee/ AirForce andpilotsto allow them to acceptmonetary and**non-~onetmy** compensation in 

### return for transportation orpeople orproperty, and the use offuel, food and equipment eitherpurchased by the Committee/Air

. Force or otherwisemade available byprivate donations. The compensation consideredherein includes any money or donations made to or charged bythe**Comtr.ti~/Air** Forceto transport people orproperty associated with the operation ofthe IditarodRace, and any fuel, insurance, housing, food or other support costs paid to individual pilot-aircraft owners. Additionally any and allprivatepilots identified inAttachment 1 petition for exemption from FAR 61.113 (a) but only to the extentpersons are not carried aboard their aircraft, only inanimate propertyand/or

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# I I I.dogs. Commercial pilot certificate holders and Airline Transport Pilot certificateholders who do.

· not possess valid 2nd or 1stclass medical certificates and who are included in Attachnient 1

hereby petition for relieffrom FAR61.3( c) and FAR 61.23(a), for operations involving compensation that include carriage ofinanimate property and/or dogs and onlyto the extent persons are not carried aboard such

## airCraft.
All petitioners agree and represent that several universal conditions shall apply to operations conductedpursuant to any exemptionthat 

### may be granted by the FAA and pursuantto the instant petition: l. Only U.S. registered aircraft may be·used inthese flight operations,· 2. The Committee, AirForce and·each aircraft owner and operatorWill assume regulatory responsibility ensuring that each aircraft operated pursuant to this requested exemption will have a current annual inspection 8$ required by FAR 91.409(a) at thetimeofany operation.. · · · 3. Only. U.S. certificated airmen may act as required crewmembers in aircraft operated under any exemption. 4. All operations 

### will be conducted Wlder Day VISUal Flight Rules (VFR). No nighttime or InstrumentFlightRules (1FR) operations will

### pe conducted hiany operation affected by orsubject to the requested exemption. 

### 5. All passenger-carrying operations conducted under the requested exemption shall be conducted 

### in accordance with Part 135 weather minimums found in I35.205(a). 6. All passenger-carrying operations conducted under the requested exemption shall be conducted in full compliance with altitude restrictions contained in 135.203 (a) (1). 7. AU pen;onnet affected by, relying on, or otberwise included inAttachment I ofthis petition for exemption shal.l be provided a written copy ofany exemption granted, including any limitations determined necessary**th~** FAA, and in addition. the Committee/Air Forcewill CQnduct a one-time briefing on .the conditions ofthe exemption for allpersons described above before ·any person commences ofany flight operations conductedpursuant to any such exemption. 8. The exemption, ifgranted, shall expire April30, 2008. ·Thepetitioner believes this request is inthe public interestbecause many, ifnot most ofthe current

# part 135 operators inAlaska

# are seasonal and are not inclined norequipped for winter operations· along remote routes. Ver;Y fewhave the logistical wherewithal to ensure fuel, maintenance and crew quarters alongtheraceroute. Many ofthe pilots-unlike long-term volunteers operating under an established route .structure have little, ifany. familiarity with particularly lakes, trails and villages. Return. to andfrom established bases oroperations in more urban area even after a few days wouldprove impracticru, or worse; push operators to travel long routes through demanding mountainous terrain as compared to the volunteers who are equipped to stay aloag the trail route for extended periods and who almost all have extensive**~xperience** with the local conditions, alternative landjng sites and otheridiosyncrasies gained from experience, such as knowledge oflocalized weatherpatterns. Finally, the Air Force has considerable experience coordinating and superVising these flight operations. Meaningful operational control by a certificated operator/carrier, without months ofplanning and coordination between numerous operators, even for such simple things as conimon radio

Page3,of5 Exhibit 1 Page 9 of22 EIChlbit 

# A-**P~ge _..::..~-of..£_**  

# I· 

# I

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# ,.! •

frequencies in a given area, could bejeopardized, and the potential for dangerous confusion is significant. Notwithstanding the aforementioned discus$ion, the petitioner recognizes thatthis exemption shall not be renewed in subsequent lditarOd events and hereby acknowledges that all future Iditarod events sbaii utilize 

## certificated 14 

### CFRPart 135 air carriers when transporting persons orcargo to support this event. In conclusion, a petition for exemption :from the identified regulati.ons, subject to the identified conditions, willprotect the substantial public interests attached 

### to this race, protect the FAA's interest inproper and legal compliance with itsregulatory structure, and provide the 

### highest level ofsafety reasonably achievable under the circumstances.

<



### hnR Norris

. ChiefPilot, Iditarod Air Force

Page4 of5 Exhibit 1 

### Page 10 of22 Exhibit 

# JJ Page 

# --+-if-of....£_ 

# r 

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### i· i 

### !· 

# I ! ,.Attachment 1

medicalbyFebruary

Page 5 ofS Exhibit 1 Page 11 of 22 

### I 

## t.ExemptionNo. 9619 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALA VIA 

### nON ADMINISTRA

### nON WASHINGTON, DC

### 20591

In thematter ofthe petition of
IDITAROD AIRFORCE Regulatory DocketNo. FAA-2008-0146 I 

## 1: I

I 

# I l" 

# I

for an exemption from§§ 61.3(c), 61.23(a), 61.113{a), and 119.21(a)(l) 

# r of-Title 14, Code of

1 1 Federal 

### Regulations 

# I

PARTIAL GRANT OF EXEMPTION Byletter dated February 1,2008,Mr. John R. Norris, ChiefPilot, Iditarod AirForce (IAF), 

### P.O. Box 870800, Wasilla, Alaska 99687, petitioned the Federal Aviation Administration (FAA) on behalfofiAF for anexemption from§§ 61.3(c), 61.23(a), 61.113(a), and 119.21(a)(l) ofTitle 14, Code ofFederal Regtilations (14 CFR). Theproposed exemption, if granted. would allow 

### IAF to acceptmonetary 

### imd non-monetarycompensation inreturn :for transportation·ofpeople orpropertyandthe use offuel, food, and equipment either purchased by theIditarod Trail Committee(Committee )IIAFor otherwise made byprivatedonations. The compensation considered includes anymoney or donations made to orchargedby the Committee/IA.f to transportpeople orproperty associated with the 

### operation ofthe Iditarod Race and any fuel, insurance, housing, food, orothersupportcosts paid to individualpilotaircraft owners.
Thepetitionerrequests relieffrom the following regulations: Section 61.3( c) presences, inpertinentpart, that a person

### may not-act aspilotin command (PIC) orin 

### ai:J.y othercapacity as a required flight crewmember ofan aircraft, under a certificate issued to that person underthis 

### part, unless that person has a current and appropriatemedical certificate that has been issued under part 

### 67ofthis chapter, or other documentation acceptable to the Ad.mioistrator, which is in that person's physical possession or readily accessible in theaircraft. AFS-08-198-E

Exhibit 1 

### Page 12 of22 Ex.hibt't 

# 8
page

### _..._/_of

## _L... I. 

# I I.2

Section 61.23 (a) prescribes, in pertinentpart, that for flight operations requiring an airline transportpilot certificate, a personmust hold at least a first class medical certificate. Forflight operations requiring a commercial pilot certificate, a person musthold at least a second class medical certificate. For flight operations requiring a private pilotcertificate, a person musthold a third class medical certificate.
Section 61.113(a) prescribes, in pertinentpart, that

## no person who holds a private pilot certificate may act as PIC ofan aircraft thatis carrying passengers orproperty for compensation orhire; nor maythatper.wn. for compensation orhire, actas PIC ofan aircraft.
Section 119.2l(a}(i), prescribes inpertinent part, that each perSOn who conducts airplane operations as a commercial operator engaged inintrastate common carriage of persons or propertyfor compensation orhire in airrommerce oras a direct ail- canier, shall complywith the certification and operations specifications requirements in subpartC ofthis part, and sball conductits domestic operations in accordance with the applicablerequirements ofpart 121 ofthis chapterand shall be issued operations specifications for those operations. However, based on a showing ofsafety in air commerce, the Administratormaypermitpersons who conduct domestic operations between anypoints locatedin the State ofAlaska to comply with therequirements applicable 

### io flag operations contained in subpart U of part 121 of

### this chapter.
The petitioner supports its request with the following information: The Committee operates and directs the annual sleddograce commonlyreferred to as "the Iditarod." The Committee 

### is a 50l(c)(3) not forprofit corporation based in Wasilla,_Alaska. The committeehas historically depended onvolunteers inmany areas tokeep therace eoonomically viable and to secure services in areas 

### With very hmited commercial sources. One indispensable group ofvolunteers organized and incorporated as a non-profit, adopting the name IAF. The JAF includes pilots and aircrnftowners who volunteer themselves andtheir aircraft to support race functions. Neitherthe Committee northe IAFholds any form ofcertificate issuedby the FAAto conduct commercialtransportation services. Thepilot-owners receive fuel, insurance, meals, and lodging in return for transporting dogs, dog

### food. and other materials to points along theroute. Thepetitioner also transports veterinarians, its own media personnel.as well as a small number ofmedia licensee, and otherpeople to-various points, receiving the described compensation for these operations. The Committee also charges race participants an entrance fee that is used in part to cover the cost offlynig dogs, food, and equipment along the raceroute. The entrance fee is not a directcharge for aviation services butcovers a wide range ofrace-related costs.

Exhibit 1 Page 13 of 22 Exhibii.

_ 

## ___.d.,:;._

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### 3 Thepetitioner states theroute stretches over 1,049 miles, varying slightly according to trail conditions and alternative startingpointsbut generallyruns the historical route from north ofAnchorage 

### in south central Alaska to 

### Nome located onthe Bering Seain the northwestcomerofthe State. It approximates the historic route traveled bydog**t~** when the entire community ofNome relied onmushers to deliver serum during an epidemic affecting and endangering an**ent~e** town. Itis the preimminent athletic/sporting event inAlaska and is followedbymillions aaross the Earth as realtime news coverage is carried across the globe. 

### In a State ofteil characterized by cultural splitsbetween urban and rural areas, it has a dramatic unifying effectfor the people ofthe State, where urban towndwellers and 

### small villagers ofdiverse ethnic and economicbackgrounds unite under a singlebanner'and pw:pose. Thepetitioner states that this race representsthe entire culture ofa 

### state. In a state characterized by a slowdown 

### intourism industry during the winter, businesses find themselves at a slow and difficult time. 

### This race does not simplyreflect a fOrm. ofunusual entertainment; rather it is ofhugepublic interest in a vast and unique

### state.**Li~ly,** the most visible symbol ofa frontier that has 

### vanished from the

### rest ofthe Nation.
For almost two decades

# the Committee bas relied onthe aviation volunteers and related fee structure to operate the race successfully. The Committee viewed

### its system as merely amelioratingthe substantial costs shoulderedbythese aviation volunteers. Nevertheless, the Committeehas been advised thatthese matters andmethods are subject to the morerigorous standards ofparts 119 and 135 and other regulatory requirements inpa$ 61 and 67 directed to individual pilots. The petitioner states that the FAAhas identified interpretations itbelievesrequiremore stringent standards. Two ofthese inparticular are identified as FAAInterpretations 1993-4 and**1997~23,** issued in accordance with statutory authority bytheFAA's Office ofChiefCounselThe petitioner concedes thepositions set out in those interpretations conflictwith the systempreviously in use bythe Committee/IAF, without admitting any violation of regulations. Immediate imposition ofthose requirements would make support ofthe race impossible and could permanently end this historical event. Thepetitioner states that this event is ofcritical public intereSt, particularlyto the cultural and economic interests ofan entire State, thatthe CommitteeliAFbeallowed to operate under current conditions, subject to specific restrictions put inplace to ensure the highest level ofsafetyfor hwnan participants, observers, employees, and nonaviation volunteers. As further indicatedbelow, thepetitionerbelieves with the additional safeguards 

### inplace, its proposal will enhance safetymore than simplyrequiring service by small, seasonal, certified operatorS.
The petitioner seeks an exemption from 

### § 119 :21 (a) for the Committee!IAF and pilots to allow·them to accept monetary and non-monetary compensation inreturn for transportation ofpeople orproperty and the use offuel, food, and equipment eitherpurchasedbythe Committee/IAF or otherwisemade available byprivate donations. The compensation considered herein includes any money or donations 

### ;2 made to or charged by the Committee/JAF to transportpeople orproperty

### E~\bn: __ 

### O

__**~-** Exhibit 1 · ·- 

## =q 

# ot.JPage 14 of 22**Page--=--'-~** 

# I

l

# I I !· ! I I 

# I I·'-**.·-~-------···-····** -·-···

4 

### associated with the operation ofthe lditarodRace and any fuel, insurance, housing, food. orother 

### support costs paid to individual pilot-aircraft owners. Additionally, anyand 

### all private pilots identified 

### in Attachment 1 petition for exemption from§ 6l.ll3(a) but onlyto the extentpersons are not carried aboard his orher aircraft, onlyinanimateproperty and/or dogs. Commercialpilot certificateholders and airline transportpilotcertificate holders who do notpossess valid second or first class medical certificates and who are included in Attachment I herebypetition for relieffrom §§ 61.3( c) 

### and 61.23( a) for -operations involving compensation that include carriage ofinanimateproperty and/ordogs and onlyto the extentpersons arenotcarried aboard such aircraft.
Thepetitionerbelieves this request

### is inthepublic interest because many, 

### ifnot most, ofthe currentpart 135 operators inAlaska are seasonal and are notinclined nor equipped for winter operations alongremote routes. Thepetitioner states that very few operators have the logical wherewithal to ensure fuel, maintenance, and crew quarters alongthe

### race route. Many ofthepilotsunlike long-tenn volunteers operating under established route structure, have little, ifany, familiarity with particular lakes, trails, and villages. Thepetitionerstates that the return to and from establishedbases or operations in more Uiban areas even after a few days would prove impractical. orworse, push operators to**trav~llong** routes through demanding mountainous terrain as compared to the volunteers who are equippedto stay along the trail route for extendedperiods and who almost allhave extensive experience withthe local conditions, alternative landingsites, and other idiosyncrasies gained from experience, such as knowledge oflocalizedweather patterns. Finally, the IAF has considerable experiencecoordinating and supervising these fllght operations. The petitionerstates that operational controlbya certificated operator/carrier, without months ofplanning and coordination

### between numerous operators, couldbe the potential for dangerous confusion.:
A summary ofthe petition was published in the Federal Register on February 6,2008 (73 FR7028). No comments were received.
The-FAA's analysis 

### is as follows: The FAA bas conSidered fully the petitioner's supportive information. TheFAA finds that the proposed exemption is in the public interest and provides 

### an equivalent level ofsafety. 

### In evaluating the petition, the FAA has considered thatwithoutthe air transportation support ofthe lAP the Id.itarod race could not be safelyor efficiently conducted. The FAA understands that this is largelybecause many, ifnotmost, ofthe currentpart 135 operators in Alaska are seasonal and are not capable ofeffectively and safely supporting this year's race with the short preparation time available. The 

### FAA also 

## L 

# !
understands that canceling this year's race would createan economic hardshWJ;cr&'l 

## 1/ 

## j Exhibit 1 p- - 

# 1- of

# --..L. ! Page 15 of 

### 22 .-..- 1 

# I I 

# I. 

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---- ..............!



### 5 manycommunities inAlaska and, in fact, for the entire State. The FAA,**therefor~,** finds the public interest is served by allowingthe safe-conduct ofthis year's 

### Iditarod race. Further, the FAAfinds that the IAF has manyyears ofexperience in safely coordinating and supervising these flight operations. 

### The FAA also understands that operational control by certificated operatorS/carriers, without time for properplanning and coordination, would create considerable added risk. The FAAbelieves that operations under the conditions and limitations stipula,ted in this exemptionwill preserve an equivalent level ofsafety. Therefore,the

### FAA. finds that a partial grant of exemption for the Committee/IAFandpilots allowing them to acceptmonetary and

- non-monetarycompensation in return for transportation ofpeople orproperty is inthe public interest. Consideqngthe rationale for thepartial grant ofexemption in the discussion above, this exenl.ption will be limited to the duration ofthe 2008 Iditarodrace and shall not be renewed for subsequentIditarod events. All future Iditarod events will havethe lead time necessary to plan for appropriate air transportationto support future events. Therequest for exemption from the requirements of§§ 61.3(c) and 61.23(a) is denied. Allpilots participating underthis exemption mustpossess at least a current third class airman medical certificate. 

# The FANsDecision Inconsideration ofthe foregoing, I find that a grant ofexemption is in thepUblic interest. Therefore, pursuant to the authoritycontained in49- U.S.C. §§ 40113(f) and 44701. delegated to meby-the Administrator, Iditarod Air Force is granted an exemption from 14 CFR §§ 61.113(a) and 119.21(a)(l)to the extentnecessary-to allow thepetitioner and the aircraft operators identified 

### inAttachment 1 to accept monetary andnon-monetary compensation in return fur transportation of people orproperty and the**us~** offuel, food, and equipment either purchased by the Comtnittee/IAF or otherwise madebyprivate donations, subjectto the conditions and limitations listed below.

· Conditions and 

### Linll,tations 1. OnlyU.S.-registered aircraft maybe used in these flight operations. 2. The Committee/IAF and each aircraft owner and operatorwill assume regulatory

· responsibility ensuring that each aircraft operated under this exemptionwill have a

current annual inspection as required by§ 91.409(a) at the time ofany operation. 3. Only those pilots identified in Attachment 1 may operate under this exemption. 4. Private pilot certificate holders identified in Attachment 1 may onlycarry inanimate 

# g property and/or dogs. Exhitil Exhibit 1 

### Page 16 of22 Page

# _,_::s:·_ .. .._o_t 

### :;._:..-=......- 1·- 1 !"6 5. Commercial pilot certificate holders and airline transport pilot certificate holders identified 

### in Attachment 1 who do not possess valid second or first class medical certificates mayconduct operations that include carnage 

### ofinanimate property and/or dogs. No persons maybe carried. 6. On flights 

### in whichpassengers are carried (e.g., veterinarians orphysicians), the pilots must bold at least commercialpilot certificates and at least second class airman medical certificates. 7. Only U.S.-certificated airmen may act as required crewmembers in aircraft operated under this exemption. · 

### 8. All operationswill be conducted under day visual flight rules (VFR). No nighttime or

· instrument flight rules (JFR) operations will be conducted 

### in anyoperation affected by

or subject to this exemption. 9. All passenger-carrying operations conducted under this _exemption shall be conducted 

### in accordance withpart 135 weather minimums 

### found in § 135.205(a). 10. Allpassenger-carryingoperations conducted under this exemption shall beconducted 

### infull compliance with altitude restrictions contained

### in§ 135:203(a)(I). I L All personnel affected by, relyingon, orotherwiseincluded in Attachment I ofthis exemption shall be provided a 

### written copyofthe exemption. 12. A copyofthis exemption shall be carried aboard each aircraft operated under the exemptioiL 13. The CorinnitteelJAF will conduct a one-time briefingonthe conditions ofthe exemption for all persons described abovebefore anyperson commences any flight**op~tions** conducted under any such exemption. 

### This exemptionterminates on April 30, 2008, unless sooner superseded orrescinded.
Issued in Washington, DC, onFEB 

## lt15\ 

# 2D**~M---en** 

# alL
Acting Director, Flight Standards Service
Enclosw-e

Exhibit 1 

### Page 17 of22

# E:v~ 

# /J Page

# --f'fr"- of

# _j__, 

# IAttachment 1

Commercial



### Private Commercial 

### ATP 

# ATP ATP Commercial 

### ATP ATP Private Commercial



### ATP .ATP 

### ATP Commercial 

### ATP 

### ATP ATP ATP 

### ATP Commercfal



### Private Commercial 

### ATP Commercial Commercial 

### ATP Private



### ATP ATP commercial

*"* Will be upgraded to higherclass medical byFebruary 19, 2008

Exhibit 1 Page 18 of 22 

# I

# ~II 

# tllOTH CONGRESS 

# s 3553
2D SESSION e ·. .

To exempt certa.ip charitable flights from certain regulations applicable to eommercial flights.



### IN THE SENATE OF THE UNITED 

### STATES SEPTEMBER 24 (Jegislative day, SEPTEMBER 17), 2008 

### n

Ms. MURKOWSKI (for herself and Mr. STEvENS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


# A BILL
To exempt certain charitable flights from certain regulations applicable to commercial flights. 

### 1 

### Be it enacted by 

### the Senate and HO'USe ofRepresenta2 

### tives of the 

### United States of America in CO'n1Jress assembled, 3 SECTION 1. SHORTTITLE. 

### 4 This Act 

### may be cited as the ''Volunteer Pilot Aet''. 5 SEC. 2. EXEMPTIONS FOR CERTAIN CHARITABLE FLIGHTS. 

### 6 (a) IN GENERAL.-Section 44701(f) of title 49, 

### 7 United States Code, is am.ended8 (1) 

### by striking "The Administrator, and insert

### 9 

### ing the 

### following: 10 "(1) 

### IN GENERAL.-The 

### AdministratOr''; and 

# C!-·

.**~**..:7:ibft_. 

### :r=:;:r=::..**~_~_·I..;._,_**

# Of£:; Exhibit 1 Page 19 of22

. 

## I 

# l

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## ! i !

# ~- i•



# i I I 

## f:

t.

### 2 1 (2) by 

### adding at

### the end the following: 

### 2 "(2) CHARITABLE FLIGHTS.-Notwithstanding 

### 3 

### any other provision of law, a passenger or cargo car4 rying 

### flight for 

### the benefit of a nonprofit organiza

### 5 6 7 8 ·"9 

### 10 

### 11 

### 12 tion recognized under Federal or State law that does 

### not involve 

### any payment 

### from the beneficiary 

### of such flight shall 

### not be required 

### to obtain an air 

### car-

._rier or commercial operator 

### certificate under section 

### 44705,**~** 

### not 

### be required to 

### obtain 

### an air earrier 

### and commercial operator certificate 

### under part 

### 119

·of 

### title 

### 14, Code of Federal Regulations, a.p.d shall not 

### be subject to 

### drug and alcohol testing under sec

### 13 tions 

### 121.457 and 121.459 of 

### such title 14, if

### 14 "(A) the flight is conducted 

### from an air

### 15 16 

### 17 18 19 

### 20 

### 21 

### 22 

### 23 24 

### 25

.S 3553 IS 

### port that is 

### adequate 

### for the 

### airplane 

### or helicopter used; "(B) 

### the airplane or 

### helicopter has a maximu.m. of 9 

### seats, excluding each crew member seat, and a maximum payload·capacity 

### of 7,500 pounds; 

### "(C) the flight is 

### not an aerobatic or a formation flight; 

### "(D) the airplane or 

### helicopter used 

### for the 

### flight holds a standard airworthiness certificate, is airworthy, and is 

### operated in 

### compliExhibit 1 Page 20 of22 

# I I I· 

# I 

# I 

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!

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## f 

## L 

# I 

# I f. 

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### 3 1 ance 

### with all 

### applicable Federal Aviation Ad

### 2 ministration airworthiness standards; 

### 3 "(E) reimblirSement 

### of, or donations 

### to, 4 

### the pilot in command of 

### the airplane 

### or heli5 copter does 

### not exceed 

### the total 

### cost of 

### owning, 6 operating, and mamtain.ing the aircraft for 

### that 

### 7 flight, which may include fuel, oil, airport ex8 penditures, rental fees, insurance, and mainte

### 9 nan.ce; 

### 10 "(F) a private pilot acting as pilot 

### in com- 'll mand 

### has at least 500 hours of flight time; 

### 12 u(G) 

### the flight is 

### conducted 

### in accordance· 13 with applicable Federal Aviation Administration 14· 

### safety reguiations; and 

### 15 "(H) 

### the pilot 

### in command 

### maintains a 16 record with the Federal Aviation 

### .A.dm.inistra17 tion 

### that shows 

### that the pilot 

### is in compliance 

### 18 with all applicable 

### Federai..Avi.ation .A.dmilristra

### 19 tion 

### regulations. 20 

### "(3} CLASSIFICATION OF CHARITABLE 

### 21 FLIGHTS.-Any

_

### flight meeting the requirements22 

### ·under paragraph (2) shall not be 

### considered to be 

### a 23 flight for compensation or hire for purposes of the 24 Federal Aviation Administration.". ·

•S 3558 lS Exhibit 1 

### Page 21 of22 I· !

### '

.



### 4 1

. (b) RULEMA.KlNG.-The Administrator of the 

### Fed2 eral 

### Aviation Administration 

### shall promulgate regulations 3 

### to carry out the amendment made by 

### subsection (a).

•S 8553 IS 0

Exhibit 1 Page 22 of 22 

# I L 

# l·; ...

tAW OFFICES BIRCH, HoRTON,BnTNERAND 

### CHERoT A PROFESSIONALCOJU>ORATION 1127WEST SEVEtmt AVENUE • ANCHoRAGE. ALASKA 89501-3301 • TELEPHONE (g(J7) 27&-1550 • (800) 476-1550 • FACSIHLE (907) %76-3680**HAI.R.~I!Mt-ltlll)** RaiMUIG.IIIICif'" ""'-"'''lt..met ICAtMmiA.&Jic:IC 

# --- 

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# -**~ILI'lA<"'** 11tSCONB:nCUrAVE..AW. 

# ...... -IIIO!DIP,rJ:.-**~~":..Milr** • llll.IWI**~** D.G.-.-..-MR 

# ·--- 0 -IIMIIM

AU.-IUMAIWI WRfTER'S DIRECT DIAL (907) 263-1266 • WRITER'S DIRECT FAX (907}**276-38~** • qmj!!er@bbb.cam March 20, 2009 U.S. Department 

### ofTransportation Docket Operations, M-30 West Building ground floor, 

### Room W12-140 1200 

### New Jersey Avenue, S.E. Washington, 

### D.C. 20590 ceRnFIED

# MAIL RETURN RECEIPT REQUESTED

Re: lditarod Air Force- 

### Request for Extension of Exemption 

### No. 9810 

### BHBC File No. 999,999.9196 Dear 

### Sir or Madam: This responds to the FAA's February 23, 2008 postcard 

### notification and request that I let you know by March 25 ff my client, the lditarod Trail Committee and 

### the "lditarod 

### Air Force'' f'IAF"), 

### is seeking. to extend Exemption No. 9810 (Regulatory Docket No. FAA-2008-1246). Please know that the answer is "yes," my_ client does hereby apply to extend the exemption, preferably for five years. Pursuant to 14 CFR Part 11, and in particular 14 CFR 11.81, I am providing the FAA 

### with the following information. I am also providing a complete 

### copy of our November 6, 2008 petition (including attachments and our January 7, 2009 supplemental information). and the FAA's Exemption No. 9810 (Exhibits 1, 2 and 3). 

### (a) Your name ancl mailing acldress and, if 

### you wish, other contact information such 

### as a 

### fax number. telephone 

### number.-or e-mail 

### address. Gregory A. Miller 

### Birch, Horton, Bittner & Cherot 1127 West 7th Avenue 

### Anchorage, Alaska 99501 (907) 276-1550 

### (907) 276-3680 (facsimile} gmiller@bhb.com



### Exhibit 2 

### Page 1 of4 

## / ;

### .) BIRCH, HORTON, BITTNER AND CHEROT Al'fWFESSIONALCOfiPOAATJON U.S. 

### Dept ofTransportation Document Operations, M-30 March 20, 2009 Page2 

### (b) The specific section or sections of 14 CFR from which you seek an exemption.
14 CFR 61.113(a) and 14 CFR 119.21(a)(1). 

### (c) 

### The extent of relief you seek. and the 

# reason you seek the relief. We seek the same terms and conditions as stated in Exemption No. 9810, excepting that we request the expiration date 

### be extended 

### to April 

### 30, 2014. 

### The reasons are also 

### the same as set out in our November 6, 2008 and January 7, 2009 petition, and at pages 1-5 of

### the FAA's Exemption 

### No. 9810. 

### (d) 

### The reasons 

### whv arantlna your request would 

### be In the public interest; that

### is. how itwould benefitthe public as a whole. The reasons 

### why granting the extension would be in the public's interest are 

### the same as stated by the FAA at pages 4-5 of its Exemption No. 9810. We agree with the FAA's analysis, and nothing has changed factually that would in tum aHer that analysis. Rather than repeat that analysis, a copy of Exemption No. 9810 is attached hereto.

### (e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety 

### at least equal to 

### that provided 

### by the rule from which you seek the·exemption. Here too, the IAF continues to agree with the analysis set forth 

### by the FAA, at pages 4-5 of Exemption No. 9810, regarding the IAF's operations being at least 

### as safe (and in 

### the IAF's 

### mind, far safer) 

### than operations would 

### be without the exemption. Nothing has changed factually in this respect, either, that would alter that analysis. (f) 

### A summary we can pubiJsh in the 

### Federal Reaister. stating.: (1) The rule from which 

### vou seek 

### the exemption; and (2) A brief description ofthe nature of

### the exemption you seek. "AfiVe year exemption is sought 

### by the 

### lditarod Trail Committee 

### and the 

### 'lditarod Air Force' as to 

### 14 CFR 

### 61.113(a) and 14 CFR 

### 119.21(a)(1). for the lditarod Air Force to continue flying support under 14 CFR Part 91 for the 1,100 mile lditarod dog race in Alaska. Exemptions have been granted for the 2008 and 2009 races. The 

### Exhibit 2 ·· lF:\999999\9196\00049424.00C} 

### Page 2 of 4

### ..

# , BIRCH, HORTON, BITINER AND CHER.OT A PROFESSIONM. CORI'()RA110J,1 U.S. 

### Dept. ofTransportation Document Operations, M-30 March 20, 2009 

### Page3 exemption would 

### permit the volunteer pilots 

### to continue accepting 

### gas, oil, insurance, 

### food and minimal housing during the race, including 

### the pre- and ·post-race staging

. efforts.'' · · 

### (g) 

### Any additional Information. views or arauments avanable 

### to support your request Since 

### the pnor petition 

### and Exemption adequately set forth 

### the infonnation, views and arguments, nothing further is 

### believed needed 

### atthis time. 

### (h) If 

### you want 

### to exercise the privileaes 

### ofyour exemption outside 

### the United States. the reason 

### whyyou 

## need to do so. No, the IAF does not wish to 

### exercise the privileges of the exemption outside 

### the U.S. Thank you. l welcome your calls, as well as those from anyone else at the FAA. Very truly yours,

GAM:srrn Enclosures

cc: Ms. Angela Elgee (Anchorage FSDO Division Manager) (w/encl.) Mr. Hugh Mclaughlin (Anchorage FSDO Assistant Division Manager) (w/encl.) Mr. Howard Martin (FAA Regional Counsel) (w/encl.) Mr. Stan Hooley (Executive Director, lditarod Trail Committee) (w/encl.) Mr. John Norris {Chief Pilot, lditarod Air Force) (w/encl.)

(F:\999999\9196W0049424.DOC J · 

### ·Exhibit 2 Page 3 of 4BIRCH. HORTON, BITTNER AND CHEROT A.PROFESSIOtW.CORPORATION 

### U.S. Dept. ofTransportation Document Operations, M-30 March 20, 2009 Page4
bee: Senator Lisa 

### Murkowski (w/encl.) Zach Olson 

### (w/encl.)

lf':\99999919196\0004!1424.DOC } 

### Exhibit 2 Page 4 of 4

# .. Exemption No. 9810 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION W

### ASHINOTON, DC 20591

In the matter ofthe

### petition of 

# Recetveo FEB 

# -a 2009 

## Birch Horton 

# Bittner& Cherat

IDITAROD AIR FORCE 

### Regulatory Docket 

### No. FAA-1()08..1%46
for an exemption from§§ 61.113(a) 

### and l19.2l(aXI) ofTitle 

### 14, Code of 

### Federal Regulations

GRANT OF 

### EXEMPTION By letter dated November 6, 

### 2008, and supplemental 

### information dated January 7, 

### 2009, Gregory A Miller, 

### Esq., Birch, Horton, Bittner, and Cherot, Counsel for Iditarod 

### AirForce (IAF}, 1127 West Seventh Avenue, Anchorage, Alaska 99SOi, petitioned

### the Federal Aviation Administration (FAA) on behalfofiAF for an exemption from§§ 6L113(a) and l19.21(aXl) ofTitle 14, Code ofFederal Regulations (14 CFR). The 

### proposed exemption, if 

### gJ'8Dted. would allowthepetitioner

### and the 

### aircraft operators to 

### accept. monetary 

### and nonmonetary compensation in return for transportation of

### people or

### property aild 

### the use offuel, food, 

### and equipment either purchased by

### the Id.itarod Trail C<munittee (Committee)IIAF or otherwise made 

### by private donations. 

### The petitioner

### requests relief

### from the following reguJatioDS: Section 61.113(a)prescribes, in pertinent part, thatno person who holds a private pilot certificate may act as pilot 

### incommand ofan 

### aircraft that is carrying passengers or 

### proJ)erty for compensation or

### hire; nor

### maythat

### person, for compensation orhire, act

.as pilot in command ofan aircraft. Section 

### 119.21 (aXI) prescribes, inpertinent

### part, that eachperson who conducts airplane operations as a commercial operator engaged 

### in intrastate commoncarriage of persons 

### or property for compensation or hire 

### in air

### commerce, or as a direct air carrier, shall comply with the certification and operations specifications 

### requirements in
AFS-09-062-E 

### Exhibit 3 Page 1 of 7

### 2 

### subpart C 

### ofthis part, 

### and shall conduct its

### domestic operations in accordance with the applicable requirements ofpart 121 ofthis chapter and shall be 

### issued operations specifications for those operations. However, 

### based on a showing ofsafety in air commerce, the Administrator 

### may permit persons 

### who conduct domestic operations between 

### any point located in the State ofAJaska to comply with 

### the 

### requirements applicable to 

### flag operations contained in subpart Uof

### part 121 ofthis chapter. The petitioner supports ita 

### request with 

### tile following information: The

### petitionerrequests a 

### grant ofexemption, similarto 

### ExemptionNo. 9619 issued last year, to

### permitthe IAF to 

### continue flying 

### in supportofthe 

### Iditarod dog 

### sled rnce. The petitioner proposes two new conditions that 

### address

### the length ofthe exemption and to 

### define precisely what flights 

### the IAF can conduct

### pursuant to this exemption. The petitioner states 

### the FAA previously inquired 

### whetherthe 

### IAF could reduce its 

### carriage ofcertain passengers by using local part 

### 135 operators. To do its

### job, the IAF needs to transport notjust 

### dogs and straw

### but also mushers, volunteers, veterinarians, etc. 

### The petitioner acknowledges that

### the carriage 

### ofmedia personnel remains in question.
The

### petitioner maintains 

### thatthe IAF 

### is far 

### saferthan 

### any part 

### J35 

### operators who may desire to make these same flights. The IAF has 

### thousands oflditarod-specific flying hours that 

### span two decades. In the past, 

### the petitioner has carried 

### two ofthe Committee's licensees (Original Productions/Discovery Channel and Versus) and 

### the Committee's 

### own media staff. 

### Ofthe 

### total1,486 flights made bythe 

### IAF last

### year, 58 flights were conducted for 

### Original Productions/Discovery Channel and 

### Versus combined. Original Productions/Discovery Channel had 

### 19 people; ofthese 

### 19, the 

### IAF flew 

### 15 at one time or another (others moved 

### by snowmachine, were based 

### only in 

### Anchorage, or otherwise did not fly by 

### small plane). Versus's crew totaled three people, and 

### the IAF flew 

### aiJ three ofthem 

### at one time or

### another.
The 

### IAF and the Committee agreethat 

### 100 percent ofthese Original 

### Production/Discovery Channel and Versus flights 

### will not be 

### flown by the 

### IAF under part 91 and/orthis

### exemption and, 

### instead, that certificated part 135 

### operators will carry these·people. 

### Pursuant to the Committee's 

### contract with these two 

### organizations, itis 

### required to

### provide these 

### crews with housing and logistical support, including air transportation for up to three 

### people per day 

### along the 

### race route. The petitioner will attempt to locate part 135 

### operators willing to cany 

### these two 

### production company 

### members, even though the Committee will likely have to

### pay for that

### transportation. If a local part 135 

### operator.is 

### not available oreconomicallyreasonable, the petitioner will 

### use its

### pilots who possess a valid part 

### J

### 35 certificate and all such flights will be 

### operated under part 

### 135. The petitioner states that 

### five IAF pilots have submitted applications to the FAA to become single pilot part 135 operators, and once those certificates are issued, these 

### pilots could carry 

### the .two 

### production crews for I

### 00 percent


### Exhibit 3 Page 2 of 7

### 3 ofthe race. The IAF pilots will notresort to 

### using 

### its part 

### 135 privileges, however, unless a local part 

### 135 operator is unavailable or not economically reasonable. The IAF wiU also keep records ofits solicitations to part 135 operators for such non-essential flight and produce such records upon request 

### by the FAA. The petitioner states that its 

### media personnel are 

### vitaJ to 

### the 

### Iditarod. The Committee's 

### media personnel 

### are treated and 

### deemed the 

### same as race officials, veterinarians, etc. The 

### petitioner states it is 

### essential that 

### it be 

### able to fly 

### with 

### IAF pilots. The 

### Committee's mission is to

### preserve the sport ofmushing and 

### to stage 

### the 

### world's premier dog sled race along the historic Iditarod Trail. The petitioner accomplishes much ofits mission through the 

### media staff 

### The 

### stafffilms the race, provides Web-- based products for the 

### race fans, 

### and produces a 90-minute documentary each 

### year. l)uring last

### year's race, the Committee's media crewwas comprised of 11 

### people. Like all other Iditarod crews, these people "lived" the 

### race, slepton floors with volunteers, etc. Neither 

### the IAF nor the Committee sell the 

### media staffspace on any IAF plane. The 

### media crew 

### is to 

### document the 

### race, flying 

### is an "incidental" to getting where the 

### docwnentation takes places. To eliminate any confusion, the 

### petitioner proposes the 

### following language as an condition for the exemption. "IAF pilots holding at 

### least a commercial orairline transport 

### pilot license and 

### a current second class medical 

### may carry not only inanimate objects and animals but also veterinarians, race officials, mushers, volunteers, Iditarod Insider Crew, and 

### similar people. Non-essential crew such as Original Production/Discovery Channel and 

### Versus shall 

### not be 

### carried pursuant to 

### this exemption, although such 

### non-essential crew 

### may be 

### carried 

### by 

### IAF pilots who otherwise hold and operate such flight 

### (s) pw-suant to a valid part 

### 135 certificate. The IAF will also 

### keep records ofits 

### solicitations to part 135 operators for such non-essential flights and produce such records upon request · by the FAA." 

### The petitioner states the FAA bas 

### discussed the possibility ofrequiring each plane used by 

### the IAF to undergo a 125-hour inspection. The 

### petitioner states that 

### this presents two problems. First, some 

### ofthe pilots fly at least this much during 

### the race itself, 

### and it is not feasible to require

### the aircraft to 

### undergo a mid-race inspection. Second, many ofthe pilots have already undergone an annual inspection and 

### Jogged hours on his orher plane and requiring additional inspection mid-cycle would impose 

### a large economic burden, while not advancing 

### safety. The petitioner suggests the following two solutions: (1) Do not create a new condition ofthe exemption for any inspections beyond the requirement for an annual inspection; or (2) require an inspection in the prior 200 flight-hours 

### (not 125 hours).



### Exhibit 3 Page 3 of 7

### 4 

### In addition tothe 

### proposed language above, the 

### petitioner proposes a 5-year exemption

. to 

### allow for resolution ofa closely related issue, nonprofit 

### "mercy flights." 

### Since 2007, certain nonprofit flights 

### have been 

### authorized by 

### §91.146. 1AF flights are not for profit, but this regulation applies only 

### to flights thatbegin and end atthe 

### same place and 

### only ifthe flights 

### are limited in number. The 

### petitioner states that 

### Alaska Senator Lisa M\D'kowski introduced a bill to 

### slightly expand this 

### KOpe. IAF contends 

### that if 

### Congress passes the 

### bill orthe FAA expalids § 91.146, this should permanently resolve the IAF situation. The petitioner strongly supports SenatorMukowski's biU. The petitioner believes that 

### a 

### 5-year exemption would allow either Congress or the FAA to 

### resolve

# the issue. The petitioner states it is its undemanding that the FAA is considering a 3-year exemption. The petitioner asserts 

### that there would 

### be no downside to granting 

### a 

### 5-yearexemptionbecause (1} safety 

### would not be compromised d\D'ing the additional 

### 2-year period 

### and (2) the exemption would be 

### shortened if/when Congress and/or the 

### FAA resolve the mercy flight issue through 

### rewriting ofthe regulation (or passage ofa statute). The 

### petitioner proposes the 

### following language for this 

### condition. "This 

### exemption shall continue for five**y~** 

### unless the FAA (a) further extends this exemption, or (b) 

### the IAF 

### flights 

### are encompassed within the regulations that 

### are the result ofrewriting § 

### 91.146." The FAA has 

### determined that good

## Cause exists 

### for waiving the requirement for Federal Register publicationbecause the exemption, ifgranted, would not set 

### a precedent, and any delay m·acting on this petition would be detrimental to 

### IAF. Tbe FAA's aualysis is as follows: The-FAA has considered fully the petitioner's request and supportive information and finds that a grant ofexemption would be 

### in 

### the public interest would provide an equivalent level of safety to that provided 

### by the regulation. In evaluating the 

### petition, the FAA has 

### considered that 

### without the airtransportation suppOrt ofthe IAF the Iditarod race could not be 

### safely or efficiently conducted. The FAA understands that this is largely because many, 

### ifnot most, ofthe 

### current part 135 operators 

### in Alaskaare seasonal and are not capable ofeffectively and safely 

### supporting this year's race. The 

### FAA alSo 

### understands that 

### cancelingthis year's

### race would create an economic hardship for many communities in Alaska and, in fad, 

### for the entire State. The FAA, therefore, finds the public interest is served by allowing the safe 

### conduct ofthe 20091ditarod race. The 

### FAA has reviewed the petitioner's request and believes the petitioner has 

### made a diligent effort to operate under part 135 in support 

### ofthe race. However, the petitioner has .encountered many obstacles. In 

### order to 

### carry passengers, the petitioner attempted to 

### obtain a part 

### 135 certificate but was unsuccessful. Reportedly, six IAF pilots began the application process; however, they encountered difficulty regarding possible work conflict. These difficulties included conditions ofhire and other contractual obligations with air carriers for whom they work.


### Exhibit 3 Page 4 of 7

### 6 food, 

### and equipment either purchased by the Iditarod Trail Committee IIAF or otherwise made by private donations, subject to the 

### conditions and limitations listed below.
Conditions 

### and LimitatioDS


### I. Only

### U.S.-registered 

### aircraft may be 

### used 

### inthese 

### flight operations. 

### 2. The IAF must maintain a current aircraft 

### listing to 

### include the ''N" registration 

### number ofeach airoraft used by theIAF. including tbe 

### make-model-series. The list must be available for FAA review. 3. Only

### those pilots identified in a list provided to and 

### approved by the Anchorage Flight Standards District Office (the List) may operate under this exemption. The List must include each airman's name, type 

### ofF AA airman certificate, and class and date of issuance ofF AA medical 

### certificate. 4. A flight 

### following procedure mustbe 

### implemented for each flight underthis exemption. 

### 5. The Committee/lAP and 

### each aircraft 

### owner and operator

### will assume regulatory responsibility ensuring thateach aircraft 

### operated under this exemption will have a current annual inspection as required by § 91.409(a) at the 

### time ofany operation. Additionally each aircraft operated under this exemption must have a 125-hour inspection. 6. 

### Private pilot certificate holders identified 

### in the List

### may only carry inanimate 

### property and/or dogs. 7. Commercial pilot certificate holders and airline 

### transport pilot certificate holders identified in 

### the List who do not possess valid second- or first-class medical 

### certificates may conduct operations that 

### include carriage ofinanimate property and/or 

### dogs; no persons may be 

## Carried. Each pilot operating.Widet.ffiis grint

## iiiusfiiolaat ·· least a third-class airman 

### medical certificate. 

### 8. Passenger-can'}ing 

### flights are limited to 

### personnel essential to 

### the race (e.g.• veterinarians or physicians). Said flights mustbe conducted 

### by pilots holding at least 

### a commercial pilot certificate and at least a sewnd-class ainnan medical certificate. Only U.S.-certificated 

### airmen may act 

### as 

### required crewmembers 

### in aircraft operated underthis 

### exemption. 9. IAF 

### pilots who are not

### operating under

### part 135 

### may carry only personnel whose tmnsportation is essential to 

### race operations (such 

### as dog food 

### handlers, medical personnel, communications volunteers, etc.). The

### Committee must identify those personnel by name to IAF pilots. The 

### operator ofeach aircraft operation shall maintain a record ofeach 

### flight and make the same available to 

### the FAA upon request. 10. Pilots operating under this exemption and under part 

### 135 shall carry 

### only personnel essential to race operations.



### Exhibit 3 Page 6 of 

## 7

### 7 

### 11. All operations will be

### conducted lDI.der day visual 

### flight rules. No nighttime or instrumentflight rules operations 

### will be 

### conducted 

### in any 

### operation affected 

### by or subject to 

### this exemption. 12. All passenger-carrying operations 

### conducted underthis exemption shall 

### be conducted in accordance with 

### part 135 

### weather minimums found in 

### § 135.20S(a). 13. All passenger-carrying operations conducted \Dlderthis exemption sball be 

### conducted in

### full compliance 

### with altitude restrictions 

### contained in§ 

### 135.203(aX1). 14. AD personnel affected by, 

### or relying on, this exemption, or included in

### the List under Condition and limitation No. 3, shall 

### be provided a

### written copy 

### ofthe 

### exemption. 15. A copy ofthis exemption shall be carried aboard 

### each aircraft operated under this exemption. 16. The Comrnittee/IAF will conducta one-tim:e briefing onthe conditions ofthe exemption for all 

### persons described 

### above before 

### any person commences 

### any flight operations conducted under this 

### exemption. 17. Each passenger

### will receive a 

### plain-language safety 

### briefing by

### tbe 

### pilot before eacb IAF 

### flight, be

### informed of1be**exempti~** 

### and be 

### notified the flight 

### is 

### not being conducted by 

### an FAA certificated 

### air carrier. 18. The IAF will keep records ofits 

### solicitations to part 

### 135 operators andproduce such records upon 

### request to the 

### FAA.


### This exemption terminates on April30, 2009, unless sooner superseded orrescinded. Issued in Washington, D.C., on January 2.3, 2009.

# Ck-7:';11~**~~~:ctor,** Flight Standards Service



### Exhibit 3 Page 7 of 7

### 2 

# 0 US.Deparlmert r:tlmspa1alion 

# ,............, · 800 lndependeoce Aw.• s.w. W8$hlngton. D.C. 20591 Adliilltllttallon 

## CORRECTED COPY Thisletter corrects the

## January 29, 201

## o. letter we sent granting yourpetition. The FAA corrected

### the tennination date 

### in the exemption. We have made the correc1ion 

### in

### ourrecords 

### as ofFebruary 3, 201 0.

January 29,2010

Gregory A. Miller, 

### Esq. Counsel for IditarodAir Force Birch, Horton, Bittner and Cherot 1127 West 7th Avenue Anchorage, 

### AK. 99501 

### Dear Mr. Miller: Exemption

### No. 981OA Regulatory 

### DocketNo. F AA-2008-1246

This letter

### is to inform you

### thatwe have granted your petition toextendExemption 

### No. 9810. lt

### expl8.iiis the basis for'our decision, 

### describes its effect, 

### and 

### lists the revised conditions and limitations. 

### TheBasafor OUr Deeision 

### By letter 

### dated March 20, 2009,youpetitioned the Federal Aviation Administration 

### (FAA) on behalfoflditarod Air Force 

### (IAF) for

## an extension ofExemption 

# No. 9810. 

### Thatexemption from§ 61.1 13(a) and 119.21(a)(l) ofTitle 14, Code of Federal Regulations allows the petitionerand the 

### aircraft operators to accept monetary 

### and nomnonetary compensation 

### in return

### for transportation ofpeople or property and 

### the use offuel, food, and equipmenteitherpurchasedbythe lditarod 

### Trail Committee (ITC)IIAF or otherwise madebyprivate donations. 

### Inyourpetition, you indicate that there 

### bas been no change in 

### the conditions and reasons relative 

### to public interest 

### and safety 

### that were 

### the basisfor granting 

### the original exemption.



### Exhibit 4 Page 1 of 6

### 3 The 

### FAA has 

### determined that 

### good cause exists

### for not publishing a summary 

### ofthe 

### petition 

### in the 

### Federal Register

### because the 

### requested extension ofthe

### exemption 

### is not precedent setting. Inevaluating thepetition, the FAA has

### considered 

### tbat withoutthe air transportation support ofthe IAF, the 

### Iditarod race could not be safely or efficiently conducted. 

### The FAA

### understands that 

### this is largely because 

### many, ifnot most, ofthe current 

### pan 135 operators inAlaska 

### are seasonal and 

### are notcapable ofeffectively and 

### safely supporting the race. The FAA also understands that 

### cancelingthe 

### race would create an economic hardship for 

### Alaska The FAA. therefore, finds 

### the public interest 

### is served by allowing this exemption for the 

### safe-conduct ofthe 

### 2010 through 

### the 20121ditarod race. · Based upon representation made 

### by the 

### IAF, the FAA believes the 

### petitioner made a diligent effort to 

### operate with part 

### 135

### support for the 

### race. IAF attempted toobtain its 

### part135 

### certificate butwas

### WJSuccessful. However, approximately 

### seven IAF pilots reportedlyhave received part 

### 135 single pilot certificates. This has allowed the IAF the 

### ability to carry 

### passengers who had 

### been classified 

### in the past two exemptions as ''non-essential personnel" (e.g., ESPN 

### film crewrnembers). This is accomplished by

### requiringthese 

### "non-essential personnel" to be carried 

### only by those IAF pilots who are part 

### 135 certificated. An 

### equivalent level ofsafety has 

### been 

### demonstrated 

### by the lAF over the past 

### several years. The IAF has made 

### positive movementtoward meeting part 135 

### standards such as developing an extensive flight 

### training program., inspecting its 

### aircraft before the 

### race by mechanics with inspection authorization,developing a hazmat training program, and drafting an operations manual. The 

### FAA also finds that

### the IAF has 

### many years ofexperience in 

### safely coordinating and supervising these flight 

### operations. The FAA understands that 

### operational control by 

### certificated operators/air carriers, without 

### time for 

### proper planning and coordination, would create considerable added risk. 

### Further, the FAA 

### finds that the 

### IAF has 

### many years ofexperience in 

### safely coordinating and supervisingthese flight 

### operations. The 

### FAA believes that

### operations under the 

### conditions and limitations stipulated in 1his exemption will provide an equivalent level ofsafety. 

### Therefore, the FAA finds that 

### a grant ofexemption for the

### ITCIIAF and

### theirpilots allowing them to accept 

### monetary and nonmonetary compensation inreturn for transportation ofpeople or property is in

### the public interest. 

### Inyour petition, 

### you requested that this exemption be granted

### for 5

### years, the 

### FAA finds that it

### is inthe

### best interest ofsafety to review this exemption in 2 years. As 

### stated above, the 

### IAF 

### has completed some steps toward meeting part 

### 135 standards. In anticipation of

### the continuedprogression toward part 135 standards, 

### we 

### have included 

### milestones that, 

### while they 

### do not require completion during this 

### 2·yearperiod, may be considered iffurther extensions ofthis exemption are requested. Considering the rationale for the grant 

### Exhibit 4 Page 2 of 6

# .. )



### 4 ofexemption 

### in the 

### discussion above, this exemption Will allow ITC/IAF to

### perfonn flights 

### fiom Februaly 15

### until April 30each 

### year oruntil the Iditarod race ends, whichever comes first, 

### for 

### that 

### year starting in 2010 and 

### ending in2012. OurDeeision 

### The FAA has 

### determined 

### that the

### justification for 

### the 

### issuance of Exemption No. 9810 remains vaJid with

### respect to this exemption and is 

### in the public interest Therefore, under the authority provided by 

### 49 U.S.C. 40113 and 44 701, which 

### the FAA Administrator has 

### delegated to me, I grant your petition, subjecttothe

### following revised conditions and limitations.
Conditions and Limitations 

### 1. The IAF must produce and 

### submit documents to be 

### accepted 

### by its principal

operations 

### inspector (POI) 

### according tothe time

### table below:


### a. 

### By February 28, 2010, submit the 

### IAF operational control procedures, including, but not limited to,

### the 

### IAF's official definition ofand the process used to identify "authorized passengers"**(e.g.~** 

### lTC personnel essential to the 

### race, race volunteers and participants, race officials, mushers, veterinarians etc.). 

### b. 

### By October 30,2010, submit a flightcrew training program, 

### written in accordance with the 

### standards stated 

### in FAA

### Order 8900.1, Flight Standards lnfonnation Management System, 

### volume 3, chapter 19. Any 

### training requirement 

### in the guidance the FAAdetennines 

### is not practical for its 

### application shall be 

### addressed by 

### the FAA during the acceptance 

### process. The IAF will aJso meet the recordkeeping requirements 

### as listed in 

### § 135.63. 

## J c. By

### October 30, 2011, submit a letterofcompliance (LOC/Compliance Statement) to part 

### 135 asrequired in 

### FAA Order 8900.1, volume 2, chapter 4, section 3, phase 3, paragraph 2-398. d. By 

### October 30, 2012, submit a general operations manual (GOM} for acceptance in accordance with

### requirement in§ 135.21 and containing the infonnation 

### listed in§ 135.23.


### e. During 

### the preparation

### period for, and during 

### the race of, 2014 the IAF will be 

### subject to 

### FAA validation oftraining 

### and checking in accordance with 

### aJI previously accepted 

### documents. At that time, the IAF will meet the regulatory standards setforth in part 

### 135. 2. The IAF must operate to

### the 

### standard ofany F AA·accepted IAF document or procedure, orcondition/limitation, listed in this exemption, whichever is more restrictive. ·


### Exhibit4 Page 3 of 6

### )

5
3. The IAF must create 

### and 

### maintain a current

## mraftlistto include:
a. the registration number ofeach aircraft used by the IAF, including

### the make, model and series; b. thedate ofeach aircraft's lastannual inspection 

### and thetotal time ofthe aircraft

### atits 

### last 1 00-hourinspection;
c. the designation ofany listed aircraftthat may be used 

### in passenger-carrying operations; and · 

### d. the designation of

### any listed 

### aircraftthat

### may be

### operated 

### under part 135 during 

### the same time period thatthe aircraft 

### is 

### also operating underthis exemption. including the name of

### the.part 135 operator as shown on 

### its certificate. This 

### list mustbe made available for FAA review upon request. 4. Atthe beginning ofeach race season.the IAF must create 

### and maintain a 

### list notingthe date 

### and time eachindividual IAF 

### pilotbegins to

### operate under this exemption and the date and time when each individuaiiAF pilot is released from IAF duty and/or this exemption. This 

### list mustbeavailable for FAA review upon request. The 

### IAFneed not 

### update this 

### list to indicate when a qualified part 135 IAF pilot "temporarily" stops operating under thisexemptionto carry passengers not identified 

### as "ITCIIAF authorized 

### passengers" (Condition No. 13). 

### 5. The IAF must create and maintain a currentpilotlisting

### to include:
a. 

### each ainnan's name; b. the 

### grade and numberofF AA ainnan certificates;


### c. the class and date ofissuance ofeachairman's FAAmedical certificate; and d. each IAF pilot who may also operate under part 135 during the sametime period he/she is operating under

### this exemption will be noted on this list. This 

### list must be found acceptableby

### the Anchorage Flight Standards District Office (FSDO).

6. Only U.S.-registered aircraft may 

### be used for any flight conductedunderthis exemption.
7. The FAA accepted ftigbt following procedure mustbe implemented for each flight conducted under this exemption.
8. 

### The ITC/IAF 

### and each aircraft

### owner and operatorwill 

### ensun: each aircraft operated under this exemptionwill have a CW'relltannual inspection asrequired by 

### § 91.409(a) 

### atthe 

### time of

### any operation. Also 

### the ITCIIAF and each aircraft ownerand operator must ensure each aircraft 

### operated underthisexemption that



### Exhibit 4 Page 4 of 6. I 

### ·-,I



### 6 carries passengers have a cmrent 1 00-hour inspection

### during all operations imder this

### exemption. 9. Private pilot

### certificate holders identified inthe 

### list (Condition No. S) may only carry 

### cargo and/or dogs. 

### 10. Each pilotoperating under this 

### exemption must hold at least a valid third-class airman medical certificate. Commercial or

### airline transport pilot certificate holders identified in the list 

### (Condition No. 5) 

### who do not

### possess valid second 

### or first-class medical certificates are limited to 

### the privileges or authorizations afforded private pilots. 11. 

### Passenger-carrying flights 

### operating under this exemption are limited to 

### "authorized**~ngers"** 

### (Condition No. 1 ). 

### These passenger-canying flights 

### mustbe 

### conducted by IAF pilots holding at 

### least a commercial pilot certificate and at

### least a valid second class medical 

### certificate. The ITC must identify all

..

authorized passengers" by name to 

### IAF pilots. 12. The operator ofeach aircraft 

### operated under this exemption shall maintain a record ofeach flight, including the 

### name ofeachpassenger, and make 

### that record available to the FAA upon request. 13. Only IAF pilots qualified under part 

### 135 (air carrier/operator) are allowed to 

### carry passengers not identified by the ITC 

### as "ITCIIAF authorized passengers" during the

### time periods they 

### are listed 

### as operating under this exemption (Condition No. 4). These "otherthan 

### ITCIIAF authorized passengers" flights 

### must be 

### conducted 

### in accordance with part 

### 135 and the air 

### carrier/operator's operation specifications. All IAF flights 

### conducted by part 

### 135 

### qualified pilots will be 

### conducted in 

### accordance with flight 

### time and 

### duty rules of§ 135.267. 14:AnyiAF

### pi1ot who is 

### subject to 

### :fight and 

### duty time limitations will 

### log all IAF flight 

### time as "othercommercial flying.•• IS. AlliAF operations will be 

### conducted wder day 

### visual Oight rules. Nonighttime orinstrument flight 

### operation will be 

### conducted in 

### any operation subjectto this exemption. 16. All operations conducted underthis exemption shall be

### conducted in accordance with the visibility requirements of§ 135.205(a). 17. All operations conducted under this 

### exemption shall be 

### conducted in accordance with the minimum altitudes of§ 135.203(a)(l}.



### Exhibit 4 Page 5 of 6

# ..

18. All personnel affected by

### orrelying on this 

### exemption, including all 

### listed lAF pilots (Condition No. 5), shall be 

### provided a written 

### copy ofthe 

### exemption.
19. A 

### copy ofthis exemption shall 

### be carried aboardeach aircraft opetating 

### under this 

### exemption. 20. The ITCIIAF will 

### conduct a briefing onthe conditions ofthis exemption to 

### all persons affected by

### orrelying onthis exemption before any person commences any flight 

### operations conducted under this 

### exemption. 

### 7

21. Eachpassenger will receive a plain language safety

### briefing by

### the

### pilot before eachIAF 

### flight, be 

### informed ofthe exemption, 

### and 

### be notified 

### that the flight is not being conducted by an FAA-certificated aircarrier. This briefing will 

### include the 

### standards listed in§ 135.117. 22. The IAF will keep

### records ofits solicitations to part 135 operators (including certified part 135 IAF pilots) 

### and produce suchrecords uponrequest to the FAA.
TheEffect ofOur Decision 

### Our decision extends the

### termination date 

### ofExemption

### No. 9810 

### to 

### April 30, 2012, tmless sooner superseded or

### rescinded. This 

### letter must be 

### attached to, and isa part 

### of, Exemption No. 9810. Sincerely. lsi John 

### M. Allen 

### Director, Flight Standards Service



### Exhibit 4 Page 6 of 6U.S.Oepanrnent ofTrcmpor1DTion FederalAviation Admlnlshallon


### March 23, 2012 

# rru rn©rgnwrn**-,** 

# lfll APR 09 2012 

# U!J
MARSTON 

### & COLE, PC

Exemption No. 981

### OB 800 Independence Ave.• s.w. Washington. D.C. 20591



### Regulatory DocketNo. FAA-2008-1246



### Erin B. Marston Counsel for Iditarod AirForce Law Offices ofMarston and Cole, P.C. 821 North Street, Suite 208 Anchorage, Alaska 99501
Dear 

### Ms. Marston:
This letter is 

### to inform you that we have granted your petition to extend Exemption No. 9810, as amended. It explains the basis for our decision, describes 

### its effect, and lists the conditions and linritations. 

### TheBasis for OurDecision Byletter dated January 

### 27,2012, youpetitioned the Federal Aviation Administration (FAA) onbehalfoflditarod AirForce (IAF) for. an extension ofExemption No. 9810, as 

### amended. That exemption from§ 61.113(a) and 119.2l(a)(1) ofTitle 14, Code ofFederal Regulations allows the petitioner and the aircraft operators to acceptmonetary and nonmonetary compensation 

### in return 

### for transportation ofpeople orproperty 

### and the use offuel, food, and

· equipment eitherpurchased by 

### the lditarod Trail Committee (ITC)IIAF or otherwise made by

private donations.
Inyourpetition, you indicate that 

### there has been no change 

### in the conditions and reasons relative to public interest and safety that werethe basis for granting the original exemption. The FAAhas determined that good cause exists for notpublishing a summary ofthe petition 

### in the Federal Register because the requested extension ofthe exemption would not set a precedent, and any delay in 

### acting on this petition would 

### be detrimental to IAF.

AFS-12-212-E**---------------------------------------------------------------------~---~----** ----------

### 11. Passenger-carcying flights op.erating under this exemption 

### are limited to "authorized. passengers'' (Condition No. 1). These passenger-carrying flights mustbe conducted by 

### IAF pilots holding at least a commercial pilot certificate and at least a valid second class medical certificate. The lTC must identify all "authorized passengers, by name to IAF pilots. 12. The operator ofeach aircraft operated under this exemption shall maintain a record ofeach flight, including 

### the name ofeach passenger, and make that record available to theFAA upon request. 

### 13. Only IAF pilots qualified underpart 

### 135 (air carrier/operator) are allowed to 

### carry passengers not identified by the ITC as "'TCIIAF authorized passengers'' during the time periods they are listed 

### as operating under this exemption (Condition No.4). These "other than 

### ITCflAF authorized passengers" flights mustbe conducted 

### in accordance withpart 135 and the air carrier/operator's operation specifications. All IAF flights conducted by 

### part 135 qualified pilots will be conducted 

### in accordance with flight time and duty rules of 

### § 135.267. 

### 14. Any 

### IAF pilot who is subject to 

### fight and duty time limitations will log all IAF flight time 

### as "other commercial flying." 

### 15. All 

### IAF operations will be conducted under day visual flight rules. No nighttime or instrument flight operation 

### will be conducted 

### in any operation subject to this exemption. 

### 16. All operations conducted underthis exemption shall 

### be conducted in accordance with the visibility requirements of§ 135.205(a). 17. All operations conducted underthis exemption shall be 

### conducted in 

### accordance with the minimum altitudes of§ l35.203(a)(l). 18. All personnel affected by or relying on this exemption, including all listed IAF pilots (Condition No.5), shall be provided a written copy ofthe exemption. 19. A copy ofthis exemption shall be carried aboard each aircraft operating under this exemption. 20. The ITC/IAF will conduct a briefing on the conditions ofthis exemption to all persons affected by orrelying on this exemption before any person commences any flight operations conducted under this exemption. 

### 4

### 21. Eachpassenger will receive a plain language safety briefmg by the pilot before each IAF flight. 

### be infonned ofthe exemption, and 

### be notified that the flight is notbeing conducted by an FAA-certificated air carrier. This briefing will include the standards listed in 

### § 135.117.
22. The IAF 

### will keep records ofits solicitations topart 135 operators (including certified part 135 IAF pilots) and produce suchrecords upon request to the FAA.



### The Effed ofOur Decision Our decision extends the termination date ofExemptionNo. 9810, as amended, to April 30, 2014, unless sooner superseded orrescinded.
Sincerely,

# (/_~~ 

# J;z:-;;_

-**M-c~raw** Acting Director, Flight Standards Service 5