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 unable 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 operating 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 Federal 
2 

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 industry 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 particular 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