.. 

· Erin B. Marston 

4109 Tazlina Avenue 

Anchorage, Alaska 99517 

November 25, 2013 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

U.S. Department of Transportation 

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 or Madam: 

I am writing on behalf of the 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 of the 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 

behalf of the IAF and on behalf of the 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 of the 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 of our 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 of Transportation 

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 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 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 of the FAA's Exemption No. 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 of its 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 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 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 brief description of the nature of the 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 of Transportation 

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 of the Exemption. The five year history of compliance by the IAF with the conditions 

and terms of the 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 of its 

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 of Alaska, the 

logistics of the race require air support, support that the IAF provides. Costs associated with 

operation of the IAF, including fuel and insurance are one of the 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 of a 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 of the 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 (Chief Pilot, lditarod Air Force) (w/encl.) 

Ms. Christina R. Bryant 
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U.S. Department of Transportation 

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 of the lditarod dog race. I have met with pilots of the IAF and the lditarod Trail 

Committee board of directors. The executive director of the 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 of operation." This continues to be acceptable to the IAF. 

F:1999999\9196\00031607 .DOC Exhibit 1 

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November 6, 2008 

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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 if the 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) ARE APPROVED BY THE ANCHORAGE FSDO." 

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 ANY OTHER ADDITIONAL 

NAMED PRJVATE PILOTS APPROVED BY THE ANCHORAGE FSDO, may only 

carry Inanimate property and/or dogs ... 

5. ncommercial pilot certificate holders and airline transporl pilot 

certificate holders identified in Attachment 1 who do not possess valid second or 

first class medical certificates may conduct operations that include carriage of 

inanimrJte property and/or dogs. No persons may be carried." This continues to be 

acceptable, although with the same change as noted in 3 and 4 to add " .• .identified in 

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 must hold at least commercial pilot certificates and at least 

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 

.aircraft operated Linder th;s exemption ... This continues to be acceptable to the IAF. 

8. "All operations will be conducted under day 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 

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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 

of the exemption for all persons described above before any person commences 

any flight operations conducted under any such 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 

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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 our five year request. 

. Second, the FAA has previously inquired whether the 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 of them 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 

(F:\999999\9196\00031607 DOC ) Exhibit 1 

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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 A TP 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 by fans 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 of the lTC media staff crucial to the success of the race. 

Accordingly, to eliminate any confusion the IAF proposes the following language: 

"15. /AF PILOTS HOLDING AT LEAST A COMMERCIAL OR ATP UCENSE 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 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 

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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 REQUEST BY THE 

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 set forth in Condition No. 2, above, for an annual inspection; or 

(2) require an inspection in the prior 200 flight hours (not 125 hours). 

I welcome 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 

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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 of Transportation 

"Document Management System 

400 7th Street, SW 

RoomPL401 

Washingtbn·n.c: 20591-001 

VERY URGENT, PLEASE EXP~ITE 

Dear Sir or Madam; 

In accordance with Title 14, Code of Federal Regulations (CPR) Part 11, specifically Federal 

Aviation Regulation (FAR) 11.61 (b). The Iditarod Committee and the lditarod Air Force hereby 

petition the Fedenil Aviation Administration seeking exemption :from certain requirements 

referenced below, and alsQ petition on behalf of the pilot/owners, who are identified by name and 

pilot certificate number as listed in Attachment I to this petition. All petitioners shall simply be 

refereneed hereafter as "petitioners" and given the broad definition of "operator" set out in FAA 

regulations, intelJlretations and ass~iated case law , the use of "petitioners" means all seek the 

same relief, unless specifically identified herein. 

In order to provide clarity and context to this petition, petitioners shall describe her<:in a current 

Bl').d historical perspective of the flight 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 is well known, the Committee bas historically depended on volunteers in many ~ to keep 

the race economically viable, and to secure services in areas with very limited commercial 

so1,ll'ces. One indispensable group of vohmteers organized and incorporated as a non-profit, 

adopting the name Iditarod Air Force EJAF). The lAF includes pilots and aircraft owners who 

volunteer themselves and their aircraft to support race functions. Neither the Committee nor the 

IAF hold any form of certificate issued by the FAA to conduct commercial transportation 

services. The pilot-owners receive fuel, insurance, food and lodging in return for transporting 

dog food and other materials to points along the route. They also transport veterinarians, there 

own merna personnel as well a small nwnber ofniedia licensee and other people"to various 

po~ts, again receiving the described coinpensation for these operations. 

The Committee-also charges mce participants an ent:rap.ce fee that is used in part to cover the cost 

of flying dogs, foods, and equipment along the race route. The entrant fee is not a direct charge 

for aviation services but covers a wide-range of race-related costs. 

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The route stretches over a 1049 miles, varying slightly according to trail conditions and 

alternative starting points, but generally iuns the historical route from north of Anchorage in 

south central Alaska to Nome located on the Beiing Sea in the northwest corner of this vast state. 

It approximates the historic route traveled by dog teams when the entire comm~ty ofNome 

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

It is the pre-imminent athletic/sporting event in Alaska, and is 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 between urban and rural areas, it has a dramatic unifying effect 

for the people oftbe state, where urban town-dwellers and small villagers of diverse ethnic and 

economic backgrounds unite under a single banner and pm:pose. This race literally repreSents the 

entire culture of a state. In a state characterized by a siowdown in towism industry during ihe · 

winter, it gives a needed and important infusion of economic booSters when most small 

businesses find themselves at a slow and difficult time. This race does not simply reflect a form 

of WJusua1 entertainment, rather it is of huge public interest in a very vast and unique s1ate. The 

· Iditarod is literally the most visible symbol of a frontier that has vanished from the rest of the 

nation. 

For almost two decades the Committee has relied on the aviation ~lunteers and related fee 

structure to operate the race successfully. The Committee viewed its system as merely 

ameliorating the substantial costs shouldered by these aviation volunteers. Nevertheless, the 

Committee has been advised that these ma~s and methods are subject to the more rigorous 

standards of Part 119 and 135 of the Federal Aviation Regulations, and other regulatory 

requirements in Parts 61 and 67 directed to individual pilots. The FM has identified 

interpretations it believes require these more stringent standards, those interpretations setting out 

the agency's position and policy regarding these matters. Two of th~ in particl,l]ar are identified 

as FAA Jntetpretati.on 1993-4 and 1997-23, issued in accordance with statutory authority by'the 

general counsel's organization of the FAA. Petitioners concede that the positions set out in those 

interpretations conflict with the system previously in use by the Committee/Air Force, without 

admitting any violation of regulations. Immediate imposition of those requirements would 

literally make support of the race impossible, and could permanently end this historical everit. It 

is of criticaJ public interest, particularly to the cultural and economic interests of an entire state, 

that the Committee/Air Force be allowed to operate under cunent conditions, subje~ to specific 

restrictions put in place to assure the highest level of safety for human participants, observers, 

employees and non-aviation vo1unreers. As will be indicated below, we believe with the 

additional safeguards in place, our proposal will enhance safety more than simply requiring 

service by small, seasonal, certificated operators. 

Petitioners seek exemption fiom FAR 119.21 (a) for the Committee/ Air Force and pilots to allow 

them to accept monetary and non-~onetmy compensation in return for transportation or people 

or property, and the use of fuel, food and equipment either purchased by the Committee/Air 

. Force or otherwise made available by private donations. The compensation considered herein 

includes any money or donations made to or charged by the Comtr.ti~/Air Force to transport 

people or property associated with the operation of the Iditarod Race, and any fuel, insurance, 

housing, food or other support costs paid to individual pilot-aircraft owners. Additionally any 

and all private pilots identified in Attachment 1 petition for exemption from FAR 61.113 (a) but 

only to the extent persons are not carried aboard their aircraft, only inanimate property and/ or 

Page 2 of5 

Exhibit 1 

Page 8 of22 

Exhlbit~...-_14-_-:::=. -

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

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

hereby petition for relief from FAR 61.3( c) and FAR 61.23(a), for operations involving 

compensation that include carriage of inanimate property and/or dogs and only to the extent 

persons are not carried aboard such airCraft. 

All petitioners agree and represent that several universal conditions shall apply to operations 

conducted pursuant to any exemption that may be granted by the FAA and pursuant to the instant 

petition: 

l. Only U.S. registered aircraft may be· used in these flight operations,· 

2. The Committee, Air Force and· each aircraft owner and operator Will 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 

Instrument Flight Rules (1FR) operations will pe conducted hi any operation affected by 

or subject 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 in Attachment I of this 

petition for exemption shal.l be provided a written copy of any exemption granted, 

including any limitations determined necessary th~ FAA, and in addition. the 

Committee/Air Force will CQnduct a one-time briefing on .the conditions of the exemption 

for all persons described above before ·any person commences of any flight operations 

conducted pursuant to any such exemption. 

8. The exemption, if granted, shall expire April30, 2008. 

·The petitioner believes this request is in the public interest because many, if not most ofthe 

current part 135 operators in Alaska are seasonal and are not inclined nor equipped for winter 

operations· along remote routes. V er;Y few have the logistical wherewithal to ensure fuel, 

maintenance and crew quarters along the race route. Many of the pilots-unlike long-term 

volunteers operating under an established route .structure have little, if any. familiarity with 

particularly lakes, trails and villages. Return. to and from established bases or operations in more 

urban area even after a few days would prove 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 other idiosyncrasies gained from 

experience, such as knowledge oflocalized weather patterns. Finally, the Air Force has 

considerable experience coordinating and superVising these flight operations. Meaningful 

operational control by a certificated operator/carrier, without months of planning 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..£_ 

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frequencies in a given area, could be jeopardized, and the potential for dangerous confusion is 

significant. Notwithstanding the aforementioned discus$ion, the petitioner recognizes that this 

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 or cargo to support this event. 

In conclusion, a petition for exemption :from the identified regulati.ons, subject to the identified 

conditions, will protect the substantial public interests attached to this race, protect the FAA's 

interest in proper and legal compliance with its regulatory structure, and provide the highest level 

of safety reasonably achievable under the circumstances. 

< 

hnR Norris . Chief Pilot, Iditarod Air Force 

Page4 of5 

Exhibit 1 

Page 10 of22 

Exhibit JJ 

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Attachment 1 

medical by February 

Page 5 ofS 

Exhibit 1 

Page 11 of 22 

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Exemption No. 9619 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL A VIA nON ADMINISTRA nON 

WASHINGTON, DC 20591 

In the matter of the petition of 

IDITAROD AIRFORCE Regulatory Docket No. FAA-2008-0146 

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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 

By letter dated February 1,2008, Mr. John R. Norris, ChiefPilot, Iditarod Air Force (IAF), 

P.O. Box 870800, Wasilla, Alaska 99687, petitioned the Federal Aviation Administration 

(FAA) on behalfofiAF for an exemption from§§ 61.3(c), 61.23(a), 61.113(a), and 

119.21(a)(l) of Title 14, Code of Federal Regtilations (14 CFR). The proposed exemption, if 

granted. would allow IAF to accept monetary imd non-monetary compensation in return :for 

transportation· of people or property and the use offuel, food, and equipment either purchased 

by the Iditarod Trail Committee (Committee )IIAF or otherwise made by private donations. 

The compensation considered includes any money or donations made to or charged by the 

Committee/IA.f to transport people or property associated with the operation of the Iditarod 

Race and any fuel, insurance, housing, food, or other support costs paid to individual pilotaircraft owners. 

The petitioner requests relief from the following regulations: 

Section 61.3( c) presences, in pertinent part, that a person may not-act as pilot in 

command (PIC) or in ai:J.y other capacity as a required flight crewmember of an 

aircraft, under a certificate issued to that person under this part, unless that person has 

a current and appropriate medical certificate that has been issued under part 67 of this 

chapter, or other documentation acceptable to the Ad.mioistrator, which is in that 

person's physical possession or readily accessible in the aircraft. 

AFS-08-198-E 

Exhibit 1 

Page 12 of22 

Ex.hibt't 8 

page _..._/_of _L... 

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Section 61.23 (a) prescribes, in pertinent part, that for flight operations requiring an 

airline transport pilot certificate, a person must hold at least a first class medical 

certificate. For flight operations requiring a commercial pilot certificate, a person 

must hold at least a second class medical certificate. For flight operations requiring a 

private pilot certificate, a person must hold a third class medical certificate. 

Section 61.113(a) prescribes, in pertinent part, that no person who holds a private pilot 

certificate may act as PIC of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that per.wn. for compensation or hire, act as PIC of an 

aircraft. 

Section 119.2l(a}(i), prescribes in pertinent part, that each perSOn who conducts 

airplane operations as a commercial operator engaged in intrastate common carriage of 

persons or property for compensation or hire in air rommerce or as a direct ail- canier, 

shall comply with the certification and operations specifications requirements in 

subpart C of this part, and sball conduct its domestic operations in accordance with the 

applicable requirements of part 121 of this chapter and shall be issued operations 

specifications for those operations. However, based on a showing of safety in air 

commerce, the Administrator may permit persons who conduct domestic operations 

between any points located in the State of Alaska to comply with the requirements 

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 sled dog race commonly referred to as 

"the Iditarod." The Committee is a 50l(c)(3) not for profit corporation based in 

Wasilla,_Alaska. The committee has historically depended on volunteers in many areas 

to keep the race eoonomically viable and to secure services in areas With very hmited 

commercial sources. One indispensable group of volunteers organized and 

incorporated as a non-profit, adopting the name IAF. The JAF includes pilots and 

aircrnft owners who volunteer themselves and their aircraft to support race functions. 

Neither the Committee nor the IAF holds any form of certificate issued by the FAA to 

conduct commercial transportation services. The pilot-owners receive fuel, insurance, 

meals, and lodging in return for transporting dogs, dog food. and other materials to 

points along the route. The petitioner also transports veterinarians, its own media 

personnel.as well as a small number of media licensee, and other people 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 of flynig dogs, food, and equipment along the race route. The entrance 

fee is not a direct charge for aviation services but covers a wide range of race-related 

costs. 

Exhibit 1 

Page 13 of 22 

Exhibii. _ ___.d.,:;._ __ 

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The petitioner states the route stretches over 1,049 miles, varying slightly according to 

trail conditions and alternative starting points but generally runs the historical route 

from north of Anchorage in south central Alaska to Nome located on the Bering Sea in 

the northwest comer of the State. It approximates the historic route traveled by dog 

t~ when the entire community of Nome relied on mushers to deliver serum during 

an epidemic affecting and endangering an ent~e town. It is the preimminent 

athletic/sporting event in Alaska and is followed by millions aaross the Earth as realtime news coverage is carried across the globe. In a State ofteil characterized by 

cultural splits between urban and rural areas, it has a dramatic unifying effect for the 

people of the State, where urban towndwellers and small villagers of diverse ethnic 

and economic backgrounds unite under a single banner' and pw:pose. The petitioner 

states that this race represents the entire culture of a state. In a state characterized by a 

slowdown in tourism industry during the winter, businesses find themselves at a slow 

and difficult time. This race does not simply reflect a fOrm. of unusual entertainment; 

rather it is of huge public interest in a vast and unique state. Li~ly, the most visible 

symbol of a frontier that has vanished from the rest of the Nation. 

For almost two decades the Committee bas relied on the aviation volunteers and 

related fee structure to operate the race successfully. The Committee viewed its system 

as merely ameliorating the substantial costs shouldered by these aviation volunteers. 

Nevertheless, the Committee has been advised that these matters and methods are 

subject to the more rigorous standards of parts 119 and 135 and other regulatory 

requirements in pa$ 61 and 67 directed to individual pilots. The petitioner states that 

the FAA has identified interpretations it believes require more stringent standards. 

Two of these in particular are identified as FAA Interpretations 1993-4 and 1997~23, 

issued in accordance with statutory authority by the FAA's Office of Chief CounselThe petitioner concedes the positions set out in those interpretations conflict with the 

system previously in use by the Committee/IAF, without admitting any violation of 

regulations. Immediate imposition of those requirements would make support of the 

race impossible and could permanently end this historical event. The petitioner states 

that this event is of critical public intereSt, particularly to the cultural and economic 

interests of an entire State, that the CommitteeliAF be allowed to operate under 

current conditions, subject to specific restrictions put in place to ensure the highest 

level of safety for hwnan participants, observers, employees, and nonaviation 

volunteers. As further indicated below, the petitioner believes with the additional 

safeguards in place, its proposal will enhance safety more than simply requiring 

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 in return 

for transportation of people or property and the use of fuel, food, and equipment 

either purchased by the Committee/IAF or otherwise made available by private 

donations. The compensation considered herein includes any money or donations ;2 

made to or charged by the Committee/JAF to transport people or property E~\bn: __ O __ ~-

Exhibit 1 · ·-=q ot.JPage 14 of 22 Page--=--'-~ 

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associated with the operation of the lditarod Race and any fuel, insurance, 

housing, food. or other support costs paid to individual pilot-aircraft owners. 

Additionally, any and all private pilots identified in Attachment 1 petition for 

exemption from§ 6l.ll3(a) but only to the extent persons are not carried aboard 

his or her aircraft, only inanimate property and/or dogs. Commercial pilot 

certificate holders and airline transport pilot certificate holders who do not possess 

valid second or first class medical certificates and who are included in Attachment 

I hereby petition for relief from §§ 61.3( c) and 61.23( a) for -operations involving 

compensation that include carriage of inanimate property and/or dogs and only to 

the extent persons are not carried aboard such aircraft. 

The petitioner believes this request is in the public interest because many, if not 

most, of the current part 135 operators in Alaska are seasonal and are not inclined 

nor equipped for winter operations along remote routes. The petitioner states that 

very few operators have the logical wherewithal to ensure fuel, maintenance, and 

crew quarters along the race route. Many of the pilots unlike long-tenn volunteers 

operating under established route structure, have little, if any, familiarity with 

particular lakes, trails, and villages. The petitioner states that the return to and from 

established bases or operations in more Uiban areas even after a few days would 

prove impractical. or worse, push operators to trav~llong routes through 

demanding mountainous terrain as compared to the volunteers who are equipped to 

stay along the trail route for extended periods and who almost all have extensive 

experience with the local conditions, alternative landing sites, and other 

idiosyncrasies gained from experience, such as knowledge of localized weather 

patterns. Finally, the IAF has considerable experience coordinating and supervising 

these fllght operations. The petitioner states that operational control by a 

certificated operator/carrier, without months of planning and coordination between 

numerous operators, could be the potential for dangerous confusion.: 

A summary of the petition was published in the Federal Register on February 6,2008 

(73 FR 7028). No comments were received. 

The-FAA's analysis is as follows: 

The FAA bas conSidered fully the petitioner's supportive information. The FAA finds 

that the proposed exemption is in the public interest and provides an equivalent level 

of safety. 

In evaluating the petition, the FAA has considered that without the air transportation 

support of the lAP the Id.itarod race could not be safely or efficiently conducted. The 

FAA understands that this is largely because many, if not most, of the current part 

135 operators in Alaska are seasonal and are not capable of effectively 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 create an economic hardshWJ;cr&'l 1/ j 

Exhibit 1 p- - 1- of --..L. ! 

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many communities in Alaska and, in fact, for the entire State. The FAA, therefor~, 

finds the public interest is served by allowing the safe-conduct of this year's Iditarod 

race. 

Further, the FAA finds that the IAF has many years of experience in safely 

coordinating and supervising these flight operations. The FAA also understands that 

operational control by certificated operatorS/carriers, without time for proper planning 

and coordination, would create considerable added risk. The FAA believes that 

operations under the conditions and limitations stipula,ted in this exemption will 

preserve an equivalent level of safety. Therefore, the FAA. finds that a partial grant of 

exemption for the Committee/IAF and pilots allowing them to accept monetary and -

non-monetary compensation in return for transportation of people or property is in the 

public interest. 

Consideqng the rationale for the partial grant of exemption in the discussion above, 

this exenl.ption will be limited to the duration of the 2008 Iditarod race and shall not be 

renewed for subsequent Iditarod events. All future Iditarod events will have the lead 

time necessary to plan for appropriate air transportation to support future events. 

The request for exemption from the requirements of§§ 61.3(c) and 61.23(a) is denied. 

All pilots participating under this exemption must possess at least a current third class 

airman medical certificate. 

The FANs Decision 

In consideration of the foregoing, I find that a grant of exemption is in the pUblic interest. 

Therefore, pursuant to the authority contained in 49- U.S.C. §§ 40113(f) and 44701. delegated 

to me by-the Administrator, Iditarod Air Force is granted an exemption from 14 CFR 

§§ 61.113(a) and 119.21(a)(l) to the extent necessary-to allow the petitioner and the aircraft 

operators identified in Attachment 1 to accept monetary and non-monetary compensation in 

return fur transportation of people or property and the us~ of fuel, food, and equipment either 

purchased by the Comtnittee/IAF or otherwise made by private donations, subject to the 

conditions and limitations listed below. 

· Conditions and Linll,tations 

1. Only U.S.-registered aircraft may be used in these flight operations. 

2. The Committee/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§ 91.409(a) at the time of any operation. 

3. Only those pilots identified in Attachment 1 may operate under this exemption. 

4. Private pilot certificate holders identified in Attachment 1 may only carry inanimate g 

property and/or dogs. Exhitil 

Exhibit 1 

Page 16 of22 

Page _,_::s:·_ ...._o_t :;._:..-=......-

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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 may conduct operations that include carnage of inanimate property and/or 

dogs. No persons may be carried. 

6. On flights in which passengers are carried (e.g., veterinarians or physicians), the pilots 

must bold at least commercial pilot 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 operations will be conducted under day visual flight rules (VFR). No nighttime or 

· instrument flight rules (JFR) operations will be conducted in any operation affected by 

or subject to this exemption. 

9. All passenger-carrying operations conducted under this _exemption shall be conducted 

in accordance with part 135 weather minimums found in § 135.205(a). 

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

in full compliance with altitude restrictions contained in§ 135:203(a)(I). 

I L All personnel affected by, relying on, or otherwise included in Attachment I of this 

exemption shall be provided a written copy of the exemption. 

12. A copy of this exemption shall be carried aboard each aircraft operated under the 

exemptioiL 

13. The CorinnitteelJAF will conduct a one-time briefing on the conditions of the 

exemption for all persons described above before any person commences any flight 

op~tions conducted under any such exemption. 

This exemption terminates on April 30, 2008, unless sooner superseded or rescinded. 

Issued in Washington, DC, on FEB 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__, 

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Attachment 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 higher class medical by February 19, 2008 

Exhibit 1 

Page 18 of 22 

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llOTH 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 of Representa2 tives of the United States of America in CO'n1Jress assembled, 

3 SECTION 1. SHORT TITLE. 

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 insert9 ing the following: 

10 "(1) IN GENERAL.-The AdministratOr''; and C!-· . ~ .. :7:ibft_. :r=:;:r=::.. ~_~_·I..;._,_ Of£:; 

Exhibit 1 

Page 19 of22 . 

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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 organiza5 

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 sec13 tions 121.457 and 121.459 of such title 14, if14 "(A) the flight is conducted from an air15 

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 

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1 ance with all applicable Federal Aviation Ad2 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 mainte9 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.dmilristra19 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 

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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 

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tAW OFFICES 

BIRCH, HoRTON, BnTNER AND CHERoT A PROFESSIONALCOJU>ORATION 

1127 WEST 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 

--- --- ...... -R.BEIU!r -- ~ILI'lA<"' - ... - 11tSCONB:nCUr AVE..AW. ...... -IIIO!DIP, rJ:.-

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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 of Transportation 

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 

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BIRCH, HORTON, BITTNER AND CHEROT 

Al'fWFESSIONALCOfiPOAATJON 

U.S. Dept of Transportation 

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 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 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 of the nature of the exemption you seek. 

"A fiVe 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'()RA 110J,1 

U.S. Dept. of Transportation 

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 at this time. 

(h) If you want to exercise the privileaes 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 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 4 
BIRCH. HORTON, BITTNER AND CHEROT 

A.PROFESSIOtW.CORPORATION 

U.S. Dept. of Transportation 

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 of the 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 Air Force 

(IAF}, 1127 West Seventh Avenue, Anchorage, Alaska 99SOi, petitioned the Federal 

Aviation Administration (FAA) on behalf ofiAF for an exemption from§§ 6L113(a) and 

l19.21(aXl) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if 

gJ'8Dted. would allow the petitioner and the aircraft operators to accept. monetary and nonmonetary compensation in return for transportation of people or property aild the use of fuel, 

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, that no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or 

proJ)erty for compensation or hire; nor may that person, for compensation or hire, act 

. as pilot in command of an aircraft. 

Section 119.21 (aX I) prescribes, in pertinent part, that each person who conducts 

airplane operations as a commercial operator engaged in intrastate common carriage 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 of this part, and shall conduct its domestic operations in accordance with the 

applicable requirements of part 121 of this chapter and shall be issued operations 

specifications for those operations. However, based on a showing of safety in air 

commerce, the Administrator may permit persons who conduct domestic operations 

between any point located in the State of AJaska to comply with the requirements 

applicable to flag operations contained in subpart U of part 121 of this chapter. 

The petitioner supports ita request with tile following information: 

The petitioner requests a grant of exemption, similar to Exemption No. 9619 issued last 

year, to permit the IAF to continue flying in support of the Iditarod dog sled rnce. The 

petitioner proposes two new conditions that address the length of the exemption and to 

define precisely what flights the IAF can conduct pursuant to this exemption. 

The petitioner states the FAA previously inquired whether the IAF could reduce its 

carriage of certain passengers by using local part 135 operators. To do its job, the IAF 

needs to transport not just dogs and straw but also mushers, volunteers, veterinarians, 

etc. The petitioner acknowledges that the carriage of media personnel remains in 

question. 

The petitioner maintains that the IAF is far safer than any part J 35 operators who may 

desire to make these same flights. The IAF has thousands of lditarod-specific flying 

hours that span two decades. In the past, the petitioner has carried two of the 

Committee's licensees (Original Productions/Discovery Channel and Versus) and the 

Committee's own media staff. Of the total1,486 flights made by the IAF last year, 58 

flights were conducted for Original Productions/Discovery Channel and Versus 

combined. Original Productions/Discovery Channel had 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 IAF flew aiJ three of them at one time or another. 

The IAF and the Committee agree that 100 percent of these Original 

Production/Discovery Channel and Versus flights will not be flown by the IAF under 

part 91 and/or this exemption and, instead, that certificated part 135 operators will carry 

these·people. Pursuant to the Committee's contract with these two organizations, it 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 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 or economically reasonable, 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 

of the race. The IAF pilots will not resort 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 of its solicitations to part 13 5 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 of mushing and to stage the world's 

premier dog sled race along the historic Iditarod Trail. The petitioner accomplishes 

much of its mission through the media staff The staff films 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 crew was comprised of 11 people. Like 

all other Iditarod crews, these people "lived" the race, slept on floors with volunteers, 

etc. Neither the IAF nor the Committee sell the media staff space 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 or airline 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 of its 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 of requiring each plane 

used by the IAF to undergo a 125-hour inspection. The petitioner states that this 

presents two problems. First, some of the 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 of the pilots have already undergone an annual inspection and Jogged 

hours on his or her 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 of the 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 to the proposed language above, the petitioner proposes a 5-year exemption 

. to allow for resolution of a 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 that begin and end at the same place 

and only if the 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 or the FAA expalids § 91.146, this should permanently resolve 

the IAF situation. The petitioner strongly supports Senator Mukowski' 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-year exemption because (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 of the regulation (or 

passage of a 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 of rewriting § 91.146." 

The FAA has determined that good Cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, 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 of exemption 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 air transportation suppOrt 

of the IAF the Iditarod race could not be safely or efficiently conducted. The FAA 

understands that this is largely because many, if not most, of the current part 135 operators in 

Alaska are seasonal and are not capable of effectively and safely supporting this year's race. 

The FAA alSo understands that canceling this 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 of the 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 of the 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 of hire 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 in these flight operations. 

2. The IAF must maintain a current aircraft listing to include the ''N" registration number 

of each airoraft used by the IAF. 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 must be implemented for each flight under this 

exemption. 

5. The Committee/lAP 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 § 91.409(a) at the time of any 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 of inanimate 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 must be 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 

under this 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 of each aircraft operation shall 

maintain a record of each 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 

instrument flight rules operations will be conducted in any operation affected by or 

subject to this exemption. 

12. All passenger-carrying operations conducted under this 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 of the exemption. 

15. A copy ofthis exemption shall be carried aboard each aircraft operated under this 

exemption. 

16. The Comrnittee/IAF will conduct a one-tim:e briefing on the conditions of the 

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 of its solicitations to part 135 operators and produce such 

records upon request to the FAA. 

This exemption terminates on April30, 2009, unless sooner superseded or rescinded. 

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:t lmspa1alion 

,............, · 800 lndependeoce Aw .• s.w. 

W8$hlngton. D.C. 20591 

Adliilltllttallon 

CORRECTED COPY 

This letter corrects the January 29, 201 o. letter we sent granting your petition. The 

FAA corrected the tennination date in the exemption. We have made the correc1ion 

in our records as of February 3, 201 0. 

January 29,2010 

Gregory A. Miller, Esq. 

Counsel for Iditarod Air Force 

Birch, Horton, Bittner and Cherot 

1127 West 7th Avenue 

Anchorage, AK. 99501 

Dear Mr. Miller: 

Exemption No. 981 OA 

Regulatory Docket No. F AA-2008-1246 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9810. lt expl8.iiis the basis for'our decision, describes its effect, and lists the 

revised conditions and limitations. 

The Basa for OUr Deeision 

By letter dated March 20, 2009, you petitioned the Federal Aviation Administration 

(FAA) on behalf oflditarod Air Force (IAF) for an extension of Exemption 

No. 9810. That exemption from§ 61.1 13(a) and 119.21(a)(l) ofTitle 14, Code of 

Federal Regulations allows the petitioner and the aircraft operators to accept 

monetary and nomnonetary compensation in return for transportation of people or 

property and the use of fuel, food, and equipment either purchased by the lditarod 

Trail Committee (ITC)IIAF or otherwise made by private donations. 

In your petition, you indicate that there bas been no change in the conditions and 

reasons relative to public interest and safety that were the basis for granting the 

original exemption. 

Exhibit 4 

Page 1 of 6 
3 

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

petition in the Federal Register because the requested extension of the exemption is 

not precedent setting. 

In evaluating the petition, the FAA has considered tbat without the air transportation 

support of the IAF, the Iditarod race could not be safely or efficiently conducted. 

The FAA understands that this is largely because many, if not most, of the current 

pan 135 operators in Alaska are seasonal and are not capable of effectively and 

safely supporting the race. The FAA also understands that canceling the 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 of the 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 13 5 support for the race. IAF attempted to obtain 

its part135 certificate but was WJSuccessful. However, approximately seven IAF 

pilots reportedly have 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 requiring these "non-essential personnel" to be carried only by 

those IAF pilots who are part 135 certificated. 

An equivalent level of safety has been demonstrated by the lAF over the past several 

years. The IAF has made positive movement toward 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 of experience 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 

of experience in safely coordinating and supervising these flight operations. 

The FAA believes that operations under the conditions and limitations stipulated in 

1his exemption will provide an equivalent level of safety. Therefore, the FAA finds 

that a grant of exemption for the ITCIIAF and their pilots allowing them to accept 

monetary and nonmonetary compensation in return for transportation of people or 

property is in the public interest. In your petition, you requested that this exemption 

be granted for 5 years, the FAA finds that it is in the best interest of safety 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 continued progression 

toward part 135 standards, we have included milestones that, while they do not 

require completion during this 2·year period, may be considered if further 

extensions of this exemption are requested. Considering the rationale for the grant 

Exhibit 4 

Page 2 of 6 
.. ) 

4 

of exemption in the discussion above, this exemption Will allow ITC/IAF to perfonn 

flights fiom Februaly 1 5 until April 30 each year or until the Iditarod race ends, 

whichever comes first, for that year starting in 2010 and ending in 2012. 

Our Deeision 

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, 

subject to the 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 to the time table below: 

a. By February 28, 2010, submit the IAF operational control procedures, 

including, but not limited to, the IAF's official definition of and 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 FAA detennines 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 letter of compliance (LOC/Compliance 

Statement) to part 135 as required 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 of training and checking in accordance with aJI 

previously accepted documents. At that time, the IAF will meet the 

regulatory standards set forth in part 135. 

2. The IAF must operate to the standard of any F AA·accepted IAF document or 

procedure, or condition/limitation, listed in this exemption, whichever is more 

restrictive. · 

Exhibit4 

Page 3 of 6 
) 

5 

3. The IAF must create and maintain a current mraft list to include: 

a. the registration number of each aircraft used by the IAF, including the make, 

model and series; 

b. the date of each aircraft's last annual inspection and the total time of the 

aircraft at its last 1 00-hour inspection; 

c. the designation of any listed aircraft that may be used in passenger-carrying 

operations; and · 

d. the designation of any listed aircraft that may be operated under part 135 

during the same time period that the aircraft is also operating under this 

exemption. including the name of the. part 135 operator as shown on its 

certificate. This list must be made available for FAA review upon request. 

4. At the beginning of each race season. the IAF must create and maintain a list 

noting the date and time each individual IAF pilot begins 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 must be available for FAA review upon 

request. The IAF need not update this list to indicate when a qualified part 135 

IAF pilot "temporarily" stops operating under this exemption to carry passengers 

not identified as "ITCIIAF authorized passengers" (Condition No. 13). 

5. The IAF must create and maintain a current pilot listing to include: 

a. each ainnan's name; 

b. the grade and number ofF AA ainnan certificates; 

c. the class and date of issuance of each airman's FAA medical certificate; and 

d. each IAF pilot who may also operate under part 135 during the same time 

period he/she is operating under this exemption will be noted on this list. 

This list must be found acceptable by the Anchorage Flight Standards 

District Office (FSDO). 

6. Only U.S.-registered aircraft may be used for any flight conducted under this 

exemption. 

7. The FAA accepted ftigbt following procedure must be implemented for each 

flight conducted under this exemption. 

8. The ITC/IAF and each aircraft owner and operator will ensun: each aircraft 

operated under this exemption will have a CW'rellt annual inspection as required 

by § 91.409(a) at the time of any operation. Also the ITCIIAF and each aircraft 

owner and operator must ensure each aircraft operated under this exemption 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 in the list (Condition No. S) may only 

carry cargo and/or dogs. 

10. Each pilot operating 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 

must be 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 of each aircraft operated under this exemption shall maintain a 

record of each flight, including the name of each passenger, 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 "other than 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 "other commercial flying. •• 

IS. AlliAF operations will be conducted wder day visual Oight rules. No nighttime 

or instrument flight operation will be conducted in any operation subject to this 

exemption. 

16. All operations conducted under this 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 or relying on this exemption, including all listed lAF 

pilots (Condition No. 5), shall be provided a written copy of the exemption. 

19. A copy of this exemption shall be carried aboard each aircraft opetating under 

this exemption. 

20. The ITCIIAF will conduct a briefing on the conditions of this exemption to all 

persons affected by or relying on this exemption before any person commences 

any flight operations conducted under this exemption. 

7 

21. Each passenger will receive a plain language safety briefing by the pilot before 

each IAF flight, be informed of the exemption, and be notified that the flight is 

not being conducted by an FAA-certificated air carrier. This briefing will include 

the standards listed in§ 135.117. 

22. The IAF will keep records of its solicitations to part 135 operators (including 

certified part 135 IAF pilots) and produce such records upon request to the FAA. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9810 to April 30, 2012, 

tmless sooner superseded or rescinded. 

This letter must be attached to, and is a part of, Exemption No. 9810. 

Sincerely. 

lsi 

John M. Allen 

Director, Flight Standards Service 

Exhibit 4 

Page 6 of 6 
U.S.Oepanrnent 

of Trcmpor1DTion 

Federal Aviation 

Admlnlshallon 

March 23, 2012 

rru rn©rgnwrn -, 

lfll APR 0 9 2012 U!J 

MARSTON & COLE, PC 

Exemption No. 981 OB 

800 Independence Ave .• s.w. 

Washington. D.C. 20591 

Regulatory Docket No. FAA-2008-1246 

Erin B. Marston 

Counsel for Iditarod Air Force 

Law Offices of Marston 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. 

The Basis for Our Decision 

By letter dated January 27,2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf oflditarod Air Force (IAF) for. an extension of Exemption No. 9810, as amended. 

That exemption from§ 61.113(a) and 119.2l(a)(1) of Title 14, Code of Federal Regulations 

allows the petitioner and the aircraft operators to accept monetary and nonmonetary 

compensation in return for transportation of people or property and the use of fuel, food, and 

· equipment either purchased by the lditarod Trail Committee (ITC)IIAF or otherwise made by 

private donations. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

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

in the Federal Register because the requested extension of the 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 must be 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 of each aircraft operated under this exemption shall maintain a record of each 

flight, including the name of each passenger, 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 "'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 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. 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 under this 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§ 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 of the exemption. 

19. A copy of this exemption shall be carried aboard each aircraft operating under this 

exemption. 

20. The ITC/IAF will conduct a briefing on the conditions of this exemption to all persons 

affected by or relying on this exemption before any person commences any flight 

operations conducted under this exemption. 

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21. Each passenger will receive a plain language safety briefmg by the pilot before each IAF 

flight. be infonned of the exemption, and be notified that the flight is not being conducted 

by an FAA-certificated air carrier. This briefing will include the standards listed in 

§ 135.117. 

22. The IAF will keep records of its solicitations to part 135 operators (including certified part 

135 IAF pilots) and produce such records upon request to the FAA. 

The Effed of Our Decision 

Our decision extends the termination date of Exemption No. 9810, as amended, to 

April 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

(/_~~ J;z:-;;_ -M-c~raw 

Acting Director, Flight Standards 

Service 

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