AFS-13-363-E

August 29, 2013

 Exemption No. 10348A

 Regulatory Docket No. FAA-2011-0442

Mr. Robert Everts

President, Tatonduk Outfitters Limited

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, Attorneys Gary B. Garofalo & Jason E. Maddux petitioned the 

Federal Aviation Administration (FAA) on behalf of Tatonduk Outfitters 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 3rd

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 safety that were the basis for granting the original exemption. 

Your request to amend the conditions of the exemption would remove the definition for 

“impractical” and the examples given for “extenuating circumstances” from Condition No. 2. 

The basis for this requested amendment is that Condition No. 2 of the exemption is so narrow 

as to severely limit the public interest utilization of the Air Tractor AT-802 for fuel hauling in 

Alaska. 

Although the petitioner 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 comment 
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on the petition, a summary of this petition was published in the Federal Register on August 1, 

2013 (78 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 by 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 

specially modified. In the interest of public safety, 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 property in connection with aircraft operations.

The FAA has determined that Condition 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 written 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 

delegated to me, I grant your petition, subject 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 standard category aircraft are impracticable. For 

purposes of this exemption “impracticable” means transportation is not physically 

possible or cannot be performed by routine and frequent means of other transportation, 

due to extenuating circumstances. Extenuating 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 (less than 3000 foot) runways; or a 

declared state of emergency. The desire for expedience of a shipper, carrier, or 
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consignor, is not relevant in determining whether other means of transportation are 

impracticable.

3. This exemption is valid for Air Tractor AT-802 and AT-802A aircraft that operate 

under a restricted category airworthiness certificate, which have been modified or type 

certificated specifically for bulk fuel hauling.

4. Installations and modifications of the AT-802/802A aircraft to permit bulk fuel 

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 approve the training plan prior to any operations conducted under 

this exemption. 

7. The person authorized to give instruction for bulk fuel hauling operations must meet 

the minimum qualifications listed in the conditions and limitations section of Air 

Tractor Exemption No. 5651 (as amended and extended).

8. Prior to operations under this exemption, the PIC must have successfully completed 

ground instruction on normal/emergency systems performance and normal/emergency

handling characteristics of the AT-802/802A modified for bulk fuel hauling 

operations. Additionally, the PIC must have successfully completed 5 cycles with a 

qualified instructor in the AT-802/802A in Alaskan bulk fuel hauling operations. For 

the purposes of this exemption, one cycle equals the sequential 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 (if applicable) for bulk 

fuel hauling operations are the only persons authorized to be onboard the aircraft 

during operations conducted under this exemption. Passenger carrying operations are 

not authorized.
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10. All operations must be conducted in compliance with § 91.313(e), and no waivers or 

operating limitations shall be granted authorizing flight over densely populated areas.

11. Each PIC 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 PIC 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 quarterly 

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 any 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 copy of this exemption must either be incorporated into the FAA-approved flight 

manual or carried on the airplane while operating under this exemption.
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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.

Sincerely,

/s/

Michael J. Zenkovich

Acting Deputy Director, Flight Standards Service