U.S. Department 

of Transportation 

F~deral Aviation 

Admini$tration 

JAN 2 5 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 the public docket (No. 

FAA-201.2-1.113) petitioning the Federal Aviation Administration on behalf ofTatonduk 

Outfitters Limited (dbaEverts Air Alaska) for an exemption from§ 23.49(b)(l) of Title 14, 

Code of Federal Regulations (14 CPR). This exemption, if granted, would allow Everts Air 

Alaska to increase the 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 carefully reviewed all of the infonnation contained in the petitioner's 

request for exemption, current FAA policy related to restricted. category certification tbr 

Alaska Fuel Hauling pw:poses, related exemptions, and the intended operation of this 

airpJane. This exemption is closely related to three other exemptions (4980, 5574 and 10348) 

and one policy notice dated August 2, 2012. The FAA granted Exemption Nos. 4980 and 

5574 in November 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. After these exemptions had been. granted, the FAA determined that 

§ 23.49 (b) was not to be included in the design basis for the AT -802/ AT -802A airplanes 

operated at maximum weights up to 16,000 pounds 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 hauling purpose. 

In August 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 operation to be carried out despite the fact the Alaska Fuel 
Hauling role was not an. identified restricted category purpose. On August 2, 2012, the FAA 

published a policy 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: bulk fuel hauling as an acceptable "other 

operation" per§ 21.25(b)(7), then the aircraft may be operated jn the 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 your petition. 

Sincerely. 

Earl Lawrence 

Manager, Small Airplane Directorate 

Aircraft Certification Service 

2