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August 29, 2013 Exemption No. 10348A Regulatory

Docket No. FAA

- 2011
- 0442
Mr. Robert Everts President, Tatonduk Outfitters L imited P.O. Box 60908 Fairbanks, AK 99706 Dear Mr. Everts : This letter is to inform you that we have granted your petition to extend Exemption No. 10348. It transmits our decision, explains its basis and gives you the conditions and limitations of the exemption, including the date it ends. **The Basis for Our Decision** By letter dated May

3, 2013 , Attorney s Gary

B. Garofalo & Jason E. Maddux petitioned the Federal Aviation Administration (FAA) on behalf of Tatonduk O utfitters Limited dba Everts Air Alaska (Everts) for an exemption from § 91
. 313(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Everts to operate restricted category Air Tractor AT

- 802 aircraft in intra

- Alaska fuel hauling operations of Everts’ owned or 3 rd party (customer) owned fuel product pursuant to Everts’ part 119 air carrier certificate and part 135 operations specifications. In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safet y that were the basis for granting the original exemption. Your request to amend the conditions of the exemption w ould remove the definition for “impractical” and the examples given for “extenuating circumstances ” from C ondition No. 2
. The basis for this requested amendment is that C ondition No. 2 of the exemption is so narrow as to severel y limit the public interest utilization of the Air Tractor AT

- 802 for fuel hauling in Alaska
. Although the pe titioner requested that action on its petition not be delayed for publication in the Federal Register, the FAA found that the petition with the requested amendment , if granted, would set a precedent. Therefore, to allow an opportunity for the public to co mment2

on the petition, a summary of this petition was published in the Federal Register on August 1 , 201 3 (7 8 FR 46673 ). No comments were received. The FAA determined, as a matter of policy , that aircraft used for special purpose operations such as agriculture, forest and wildlife conservation, aerial surveying, patrolling, weather control, aerial advertising (and other operations specified b y the Administrator) are in a restricted category

and not required to meet the more rigorous standard category design standards. This determination recognizes the public's interest in these special purpose operations which cannot easily be performed by

standard category

aircraft that have not been special ly modified. In the interest of public safet y, the FAA must impose certain limitations on the operation of aircraft with restricted category certificates. These limitations are consistent with the FAA's obligation to provide aviation standards for the protection of persons and propert y in connection with aircraft operations. The FAA has determined that C ondition No. 2 of the current exemption in not unduly restrictive, that it is a means to maintain a balance between the current regulations and serving the needs of the public . The definition of “impractical” is necessary to set a criterion for the condition. The examples of “extenuating circumstances” are included, but do not state that they are limited to those provided. The exemption as currently wri tten allows for the delivery of products when impractical to deliver or not available through other modes of transportation. Therefore, your request to amend Condition No. 2 is hereby denied. **Our Decision** The FAA has determined the justification for the issuance of Exemption No. 10348 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 delegat ed to me, I grant your petition, s ubject to the conditions and limitations listed below. **Conditions and Limitations** 1. This exemption is only valid for operations conducted by Tatonduk Outfitters Ltd. d/b/a Everts Air Alaska (operator) under 14 CFR part 135 with part 119 certificate number FXGA030A and part 135 operations specifications. 2. This exemption is valid only for bulk fuel hauling operations conducted inside the state of Alaska and only

between points in Alaska when other means of surface transportation or air transportation by stand ard category

aircraft are impracticable. For purposes of this exemption “impracticable” means transportation is not physicall y possible or cannot be performed b y routine and frequent means of other transportation, due to extenuating circumstances. Extenuat ing circumstances include: conditions precluding highway , water, or standard category air transportation, such as a frozen vessel route; road closures due to catastrophic weather or volcanic activity; remote locations requiring service by air with short (l ess than 3000 foot) runway s; or a declared state of emergency . The desire for expedience of a shipper, carrier, or3

consignor, is not relevant in determining whether other means of transportation are impracticable. 3. This exemption is valid for Air Tractor A T
- 802 and AT
- 802A aircraft that operate under a restricted category airworthiness certificate, which have been modified or type certificated specificall y for bulk fuel hauling. 4. Installations and modifications of the AT

- 802/802A aircraft to permit bulk fue l hauling must receive approval from the appropriate Aircraft Certification Office (ACO). 5. The operator must comply with all applicable guidance and regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA) and 49 CFR part 175 (Hazardous Material Regulations, Carriage by Aircraft). 6. Within their part 135 approved training program, the operator shall:
a. Develop/maintain training manuals and train pilots on the modified AT
- 802/802A aircraft systems, performance, and handling characteristics. b. Train all pilots conducting operations under this exemption on the carriage of hazardous materials (HAZMAT) as well as procedures for on

- loading, transporting, off

- loading and emergency

dumping of bulk fuel. The POI must review and appro ve the training plan prior to any operations conducted under this exemption. 7. The person authorized to give instruction for bulk fuel hauling operations must m e et the minimum qualifications listed in the conditions and limitations section of Air Tractor E xemption No. 5651 (as amended and extended). 8. Prior to operations under this exemption, the PI C must have successfully completed ground instruction on normal/emergency s ys tems performance and normal/emergency handling characteristics of the AT

- 802/802A modified for bulk fuel hauling operations. Additionally , the PI C must have successfully completed 5 cy cles with a qualified instructor in the AT

- 802/802A in Alaskan bulk fuel hauling operations. For the purposes of this exemption, one cy cle equals the se quential completion of one fuel on - load, one takeoff, one landing and one fuel off

- load. A record of this instruction must be made available by the pilot upon request by the Administrator. 9. The pilot

- in

- command (PIC) and the pilot receiving instruction (i f applicable) for bulk fuel hauling operations are the onl y persons authorized to be onboard the aircraft during operations conducted under this exemption. Passenger carrying operations are not authorized.4

10. All operations must be conducted in compliance w ith § 91.313(e), and no waivers or operating limitations shall be granted authorizing flight over densel y populated areas. 11. Each PI C shall, before beginning a flight, become familiar with the takeoff and landing distance available and required concerning that flight as well as alternatives available if the planned flight cannot be completed. 12. The PI C is responsible for ensuring that the aircraft remains within the AT

- 802 and AT
- 802A Airplane Flight Manual (AFM) and AFM supplement limitations at all times. 13. The operator must collect and submit the following data to the POI on a quarterl y basis, and provide a summary of this data in any

requests for extension of this exemption. Data must be collected for each flight where the operator transported bulk fuel:
a. Number of flight hours, b. Number of flights conducted (i.e. cycles),
c. Description of an y incidents or accidents, d. Description of the product transported, and
e. Any additional information the operator and/or Administrator determines may be relevant. 14. The operator must allow the Administrator to make inspections to determine compliance with applicable regulations and the conditions and limitations of this exemption. 15. A cop y of this exemption must either be incorporated into the FAA

- approved flight manual or carried on the airplane while operating under this exemption.5

**The Effect of Our Decision** Our decision extends the termination date of Exemption No. 10348 to August 31, 2015 , unless sooner superseded or rescinded. All conditions and limitations of Exemption No. 10348 remain the same. This letter must be attached to, and is a part of, Exemption No. 10348
. Sincerel y, /s/ Michael J. Zenkovich Acting Deput y Director, Flight Standards Service