AFS-10-362-E 

August 31, 2010 

 Exemption No. 6523G 

 Regulatory Docket No. FAA-2001-9940 

Mr. Bryan Carricaburu 

Vice President, Director of Operations 

Peninsula Airways, Inc., d.b.a. PenAir 

6100 Boeing Avenue 

Anchorage, AK 99502 

Dear Mr. Carricaburu: 

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

No. 6523, as amended. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated August 5, 2010, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Peninsula Airways, Inc., d.b.a. PenAir (PenAir), for an extension of Exemption 

No. 6523, as amended. That exemption from 121.574(a)(1) and (3) of Title 14, Code of 

Federal Regulations (14 CFR) permits the carriage and operation of oxygen storage and 

dispensing equipment for medical use by patients requiring emergency or continuing medical 

attention while onboard an aircraft operated by PenAir when the equipment is furnished and 

maintained by a hospital treating the patient. 

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 PenAir. 
 2

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 6523, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition. All conditions and limitations of 

Exemption No. 6523, as amended, remain the same and are restated below for clarity. 

Conditions and Limitations 

1. The oxygen equipment that is used in accordance with this exemption must be 

furnished and maintained by a hospital that is located in Alaska. 

2. PenAir must develop and implement an FAA-approved program whereby hospitals 

may furnish oxygen equipment for medical use on board PenAir's aircraft. The 

procedures used in that program must ensure the following: 

a. The equipment used is— 

i. Of an approved type or is in conformity with the manufacturing, 

packaging, marking, labeling, and maintenance requirements of 

49 CFR parts 171, 172, and 173, except § 173.24(a)(1), and has 

documentation affixed to it that verifies its compliance with those 

regulations; 

ii. Maintained by the hospital in accordance with an approved 

maintenance program; 

iii. Free of flammable contaminants on all exterior surfaces; 

iv. Capable of providing a minimum mass flow of oxygen to the user of 

4 liters per minute; 

v. Constructed so that all valves, fittings, and gauges are protected from 

damage; and 

vi. Appropriately secured. 

b. When the oxygen is stored in the form of a compressed gas as defined in 

49 CFR § 173.300(a)— 

i. The equipment used has been under the hospital's approved 

maintenance program since it was purchased new or since the last 

hydrostatic test of the storage cylinder; and 

ii. The pressure in any oxygen cylinder does not exceed the rated cylinder 

pressure. 

3. PenAir must ensure that each patient who is carried under the authority of this 

exemption is escorted by a person who is qualified to operate the furnished oxygen 

equipment and to administer oxygen according to the written instructions of a licensed 

physician. 
 3

4. The oxygen that is given to a patient must be administered in accordance with the 

instructions of a licensed physician. If these instructions cannot be obtained in writing 

from a licensed physician, the pilot in command of a flight may obtain verbal 

instructions from a licensed physician through the available communications network 

in Alaska and annotate those instructions for use by the escort who administers the 

oxygen. If written or verbal instructions regarding the administration of oxygen 

cannot be obtained from a licensed physician prior to a flight, that flight may not be 

conducted under the authority of this exemption. 

5. The pilot in command of a flight conducted under the authority of this exemption must 

ensure that the all patients and escorts are briefed in accordance with 14 CFR 

§ 121.571, especially paragraph (a)(3) of that section. 

6. PenAir must ensure that a flight attendant, who is required under 14 CFR § 121.391, is 

not used to meet the escort requirement of Condition No. 3 of this exemption. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 6523, as amended, to 

October 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

Raymond Towles 

Acting Director, Flight Standards 

 Service