AFS-09-195-E 

January 29, 2010 

 Exemption No. 9810A 

 Regulatory Docket No. FAA-2008-1246 

Gregory A. Miller, Esq. 

Counsel for Iditarod Air Force 

Birch, Horton, Bittner and Cherot 

1127 West 7th Avenue 

Anchorage, AK 99501 

Dear Mr. Miller: 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9810. It explains the basis for our decision, describes its effect, and lists the revised 

conditions and limitations. 

The Basis for Our Decision 

By letter dated March 20, 2009, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Iditarod Air Force (IAF) for an extension of Exemption No. 9810. That exemption 

from § 61.113(a) and 119.21(a)(1) of Title 14, Code of Federal Regulations allows the 

petitioner and the aircraft operators to accept monetary and nonmonetary compensation in 

return for transportation of people or property and the use of fuel, food, and equipment either 

purchased by the Iditarod Trail Committee (ITC)/IAF or otherwise made by private 

donations. 

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. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption is not precedent 

setting. 
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In evaluating the petition, the FAA has considered that without the air transportation support 

of the IAF, the Iditarod race could not be safely or efficiently conducted. The FAA 

understands that this is largely because many, if not most, of the current part 135 operators in 

Alaska are seasonal and are not capable of effectively and safely supporting the race. The 

FAA also understands that canceling the race would create an economic hardship for Alaska. 

The FAA, therefore, finds the public interest is served by allowing this exemption for the 

safe-conduct of the 2010 through the 2012 Iditarod race.

Based upon representation made by the IAF, the FAA believes the petitioner made a diligent 

effort to operate with part 135 support for the race. IAF attempted to obtain its part 135 

certificate but was unsuccessful. However, approximately seven IAF pilots reportedly have 

received part 135 single pilot certificates. This has allowed the IAF the ability to carry 

passengers who had been classified in the past two exemptions as “non-essential personnel” 

(e.g., ESPN film crewmembers). This is accomplished by requiring these “non-essential 

personnel” to be carried only by those IAF pilots who are part 135 certificated. 

An equivalent level of safety has been demonstrated by the IAF over the past several years. 

The IAF has made positive movement toward meeting part 135 standards such as developing 

an extensive flight training program, inspecting its aircraft before the race by mechanics with 

inspection authorization, developing a hazmat training program, and drafting an operations 

manual. The FAA also finds that the IAF has many years of experience in safely coordinating 

and supervising these flight operations. The FAA understands that operational control by 

certificated operators/air carriers, without time for proper planning and coordination, would 

create considerable added risk. Further, the FAA finds that the IAF has many years of 

experience in safely coordinating and supervising these flight operations. 

The FAA believes that operations under the conditions and limitations stipulated in this 

exemption will provide an equivalent level of safety. Therefore, the FAA finds that a grant of 

exemption for the ITC/IAF and their pilots allowing them to accept monetary and 

nonmonetary compensation in return for transportation of people or property is in the public 

interest. In your petition, you requested that this exemption be granted for 5 years, the FAA 

finds that it is in the best interest of safety to review this exemption in 2 years. As stated 

above, the IAF has completed some steps toward meeting part 135 standards. In anticipation 

of the continued progression toward part 135 standards, we have included milestones that, 

while they do not require completion during this 2-year period, may be considered if further 

extensions of this exemption are requested. Considering the rationale for the grant of 

exemption in the discussion above, this exemption will allow ITC/IAF to perform flights from 

February 15 until April 30 each year or until the Iditarod race ends, whichever comes first, for 

that year starting in 2010 and ending in 2012. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 9810 

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 following revised conditions and 

limitations. 

Conditions and Limitations 

1. The IAF must produce and submit documents to be accepted by its principal operations 

inspector (POI) according to the time table below: 

a. By February 28, 2010, submit the IAF operational control procedures, including, but 

not limited to, the IAF’s official definition of and the process used to identify 

“authorized passengers” (e.g., ITC personnel essential to the race, race volunteers and 

participants, race officials, mushers, veterinarians etc.). 

b. By October 30, 2010, submit a flightcrew training program, written in accordance 

with the standards stated in FAA Order 8900.1, Flight Standards Information 

Management System, volume 3, chapter 19. Any training requirement in the guidance 

the FAA determines is not practical for its application shall be addressed by the FAA 

during the acceptance process. The IAF will also meet the recordkeeping 

requirements as listed in § 135.63. 

c. By October 30, 2011, submit a letter of compliance (LOC/Compliance Statement) to 

part 135 as required in FAA Order 8900.1, volume 2, chapter 4, section 3, phase 3, 

paragraph 2-398. 

d. By October 30, 2012, submit a general operations manual (GOM) for acceptance in 

accordance with requirement in § 135.21 and containing the information listed in 

 § 135.23. 

e. During the preparation period for, and during the race of, 2014 the IAF will be subject 

to FAA validation of training and checking in accordance with all previously 

accepted documents. At that time, the IAF will meet the regulatory standards set forth 

in 

 part 135. 

2. The IAF must operate to the standard of any FAA-accepted IAF document or procedure, or 

condition/limitation, listed in this exemption, whichever is more restrictive. 

3. The IAF must create and maintain a current aircraft list to include: 

a. the registration number of each aircraft used by the IAF, including the make, model 

and series; 

b. the date of each aircraft’s last annual inspection and the total time of the aircraft at its 

last 100-hour inspection; 
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c. the designation of any listed aircraft that may be used in passenger-carrying 

 operations; and 

d. the designation of any listed aircraft that may be operated under part 135 during the 

same time period that the aircraft is also operating under this exemption, including 

the name of the part 135 operator as shown on its certificate. This list must be made 

available for FAA review upon request. 

4. At the beginning of each race season, the IAF must create and maintain a list noting the 

date and time each individual IAF pilot begins to operate under this exemption and the date 

and time when each individual IAF pilot is released from IAF duty and/or this exemption. 

This list must be available for FAA review upon request. The IAF need not update this list 

to indicate when a qualified part 135 IAF pilot “temporarily” stops operating under this 

exemption to carry passengers not identified as “ITC/IAF authorized passengers” 

(Condition No. 13). 

5. The IAF must create and maintain a current pilot listing to include: 

a. each airman’s name; 

b. the grade and number of FAA airman certificates; 

c. the class and date of issuance of each airman’s FAA medical certificate; and 

d. each IAF pilot who may also operate under part 135 during the same time period 

he/she is operating under this exemption will be noted on this list. This list must be 

found acceptable by the Anchorage Flight Standards District Office (FSDO). 

6. Only U.S.-registered aircraft may be used for any flight conducted under this exemption. 

7. The FAA accepted flight following procedure must be implemented for each flight 

conducted under this exemption. 

8. The ITC/IAF and each aircraft owner and operator will ensure each aircraft operated under 

this exemption will have a current annual inspection as required by § 91.409(a) at the time 

of any operation. Also the ITC/IAF and each aircraft owner and operator must ensure each 

aircraft operated under this exemption that carries passengers have a current 100-hour 

inspection during all operations under this exemption. 

9. Private pilot certificate holders identified in the list (Condition No. 5) may only carry 

cargo and/or dogs. 

10. Each pilot operating under this exemption must hold at least a valid third-class airman 

medical certificate. Commercial or airline transport pilot certificate holders identified in 

the list (Condition No. 5) who do not possess valid second or first-class medical 

certificates are limited to the privileges or authorizations afforded private pilots. 
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11. Passenger-carrying flights operating under this exemption are limited to “authorized 

passengers” (Condition No. 1). These passenger-carrying flights must be conducted by 

IAF pilots holding at least a commercial pilot certificate and at least a valid second class 

medical certificate. The ITC must identify all “authorized passengers” by name to IAF 

pilots. 

12. The operator of each aircraft operated under this exemption shall maintain a record of 

each flight, including the name of each passenger, and make that record available to the 

FAA upon request. 

13. Only IAF pilots qualified under part 135 (air carrier/operator) are allowed to carry 

passengers not identified by the ITC as “ITC/IAF authorized passengers” during the time 

periods they are listed as operating under this exemption (Condition No. 4). These “other 

than ITC/IAF authorized passengers” flights must be conducted in accordance with 

 part 135 and the air carrier/operator’s operation specifications. All IAF flights conducted 

by part 135 qualified pilots will be conducted in accordance with flight time and duty 

rules of § 135.267. 

14. Any IAF pilot who is subject to fight and duty time limitations will log all IAF flight time 

as “other commercial flying.” 

15. All IAF operations will be conducted under day visual flight rules. No nighttime or 

instrument flight operation will be conducted in any operation subject to this exemption. 

16. All operations conducted under this exemption shall be conducted in accordance with the 

visibility requirements of § 135.205(a). 

17. All operations conducted under this exemption shall be conducted in accordance with the 

minimum altitudes of § 135.203(a)(l). 

18. All personnel affected by or relying on this exemption, including all listed IAF pilots 

(Condition No. 5), shall be provided a written copy of the exemption. 

19. A copy of this exemption shall be carried aboard each aircraft operating under this 

exemption. 

20. The ITC/IAF will conduct a briefing on the conditions of this exemption to all persons 

affected by or relying on this exemption before any person commences any flight 

operations conducted under this exemption. 

21. Each passenger will receive a plain language safety briefing by the pilot before each IAF 

flight, be informed of the exemption, and be notified that the flight is not being conducted 
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 by an FAA-certificated air carrier. This briefing will include the standards listed in 

 § 135.117. 

22. The IAF will keep records of its solicitations to part 135 operators (including certified 

 part 135 IAF pilots) and produce such records upon request to the FAA. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9810 to April 30, 2014, unless 

sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 9810 remain the same. This letter must be 

attached to, and is a part of, Exemption No. 9810. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service