Aug 16 2010

Mr. Gregg Johnson

Chief Pilot Epps Air Service, Inc. 1 Aviation Way, DeKalb-Peachtree Airport Atlanta, GA 30341

Dear Mr. Johnson:

This letter is to inform you that we are unable to process your request for an exemption from § 135.143 of Title 14, Code of Federal Regulations (14 CFR). It explains why we cannot process your request, gives you some important information about how we have handled similar requests, and tells you what you should do in the next 30 days.

Why We Cannot Process Your Request

We entered your July 7, 2010, exemption request for Epps Air Service, Inc. (Epps), into the public docket (No. FAA-2000-8148), but we are unabl e to process your request any further. The information you sent does not comply with the requirements of 14 CFR § 11.81. For us to consider the request any further, you must send us the following additional information:

 The reasons granting the request would be in the public interest; that is, how it would benefit the public as a whole;

 The reasons 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 an exemption; and

 Any more information, views, or arguments available to support your request.

How We Have Handled Similar Requests

Your request for exemption concerns operati ng aircraft under part 135 without complying with the requirement for installation of a Mode S transponder.

It is important for you to know that we have issued denials of exemption in circumstances similar to those presented in your petition. We are enclosing for your review examples of these denials, Exemption Nos. 9578 and 9707. As noted in these denials, the Federal2

Aviation Administration (FAA) has determined that, in recent years, the National Airspace System has experienced significant changes. The considerable advances in the technology of surveillance systems that use the Mode S systems and the continued growth of aviation traffic all support Mode S transponder equipment. Mode S technology has the largest ground and airborne infrastructure in place. Both the i ndustry and the FAA have invested in this ground and airborne infrastructure. Furthermore, new technology and safety enhancement programs, such as Airport Surface Detection 3 (ASDE-3) , ASDE-X, and Airport Movement Area Safety Systems, Automatic Dependent Surveillance-Broadcast (ADS-B), and Traffic Information Service (TIS), use Mode S. The FAA found that these petitioners failed to show how they are unique from the general class of regulated persons so as to justify an exemption. The FAA also noted that if it were to determine that relief from the current rule is acceptable, it would take appropriate action to change the rule so all persons may benefit.

Because the previous denials of exemption dealt with circumstances similar to those presented in your petition, there is little reason to believe that we would grant your petition for exemption.

What You Should Do

 Before we commit agency resources to process and analyze your exemption request, we suggest that you review the enclosed denials of exemption.

 If, after that review, you still want the agency to process your petition, you must tell us how the facts and circumstances of your par ticular situation are significantly different from the previous denials of exemption.

 Send the information about your particular situation, and the information requested earlier in this letter that will enable us to process your request, within 30 days.

If We Do Not Hear From You

If we do not hear from you within 30 days, the docket will be closed without further

consideration.

If you have any questions or need more time, you may call (202) 267-9677.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosures