U.S. Department ofTransportation**F~deral** Aviation Admini$tration



## JAN 25 

## 2013

Marty Hall DER Everts Air Alaska P.O. Box 60908 Fairbanks, Alaska 99706



### Dear Mr. 

### Hall: 

## J ·"'· 25 /\ ii:**~l** Small Airplane Directorate 901 Locust Street Kansas City, Missouri 64106



### This is in response 

### to your October 11, 2012 revised 

### letter sent to thepublic 

### docket (No. FAA-201.2-1.113) 

### petitioning the Federal AviationAdministration onbehalfofTatonduk 

### Outfitters Limited (dbaEverts

### AirAlaska) for 

### an exemption from§ 

### 23.49(b)(l) ofTitle 14, Code ofFederal Regulations (14 CPR). This exemption, ifgranted, would allowEverts Air Alaskato increasethe stall $peed for Air Tractor, model AT-802/ AT802A aircraft, up to maximum operating weights for 

### Alaskan. Fuel Hauling missions as a Restricted Category Special Purpose Flight Operation.

The FAA

### has carefullyreviewed all ofthe infonnation contained inthe petitioner's request for exemption, currentFAApolicyrelated 

### to restricted. categorycertification tbr AlaskaFuel Hauling pw:poses, related exemptions, and the intended operation ofthis airpJane. This exemption is closely relatedto three other exemptions (4980, 5574 and 10348) and one policy notice dated August 2, 2012. The FAA granted Exemption Nos. 4980 and 

### 5574 inNovember 1988 and December 1992, respectively, exempting Air Tractor, models AT-802 and AT-802A from§ 23.49(b)(1) for fire-fighting, agricultural, and/or narcotic crop eradication purposes. Afterthese exemptions had been. granted, the FAA determined that § 23.49 (b) was notto be included in the design basis for the AT -802/ AT -802A airplanes operated at maximum weights up to 16,000pounds during "restricted" category operations. The Type Certifi.cation Data Sheet (TCDS) Al9SW defmes this certification basis. Also, the certification basis for Supplemental Type Certificate (STC) SA02404AK does not include 

### § 23.49 (b) at the maximum weight for the fuel haulingpurpose.

InAugust 

### 201**t~** the FAA 

### provisionally granted 

### Exemption No. 

### 10348 that 

### expires August 31, 2013. Exemption 10348 is an operational exemption from §91..313(a) and (c), allowing this restricted category operationto be carried outdespite the fact the Alaska Fuel

### Hauling role was not an. identified restricted categorypurpose. On August 2, 2012, the FAA published apolicy notice in

### the Federal Register (77 FR 45921) that included Alaska fuel hauling as 

### restricted category special purpose operation under 

### 14 CFR 21.25 (b)(7). Section 21.25 requires, in pertinent part, that an airplane 

### may be type certificated in the restricted category for special purposes, such as firefighting, agricultural or, 

### in this case, Alaska Fuel Hauling operations. Tile policy notice effectively nullified the need for Exemption J 

### 0348.

Since the Admihistrator has recognized Alaska: bulkfuel hauling as an acceptable "other operation" 

### per§ 21.25(b)(7), then 

### the aircraft may be operated jnthe restricted category in accordance with the TCDS. Furthermore, since the certification 

### basis does not include § 

### 23.49(b) at the maximum weights, an exemption to this rule is not applicable. Operations will 

### be subject to restrictions.and limitations set forth 

### in the STC. We 

### will take no further action on yourpetition.

Sincerely.

Earl Lawrence Manager, Small Airplane Directorate Aircraft Certification Service 2