LAW OFFICES 

# GAROFALO GOERLICH HAINBACH PC 1200 NEW HAMPSHIRE AVENUE NW ·SUITE590 ·WASHINGTON DC 20036-6802 TELEPHONE 202776-3970 · FACSIMILE 202776-3975 WWW.GGH-AJRLAW.COM



### VIAFDMS 

### Federal Aviation Administration Office ofthe ChiefCounsel Office ofRulemakings 800 Independence Avenue, S.W. Washington, D.C. 20591 June11,2015

Re: Petition ofTatonduk Outfitters Limited for Renewal ofExemptionNo. 10348A; DocketNo. FAA-2011-0442 Ladies/Gentlemen: Tatonduk Outfitters Limited d/b/a Everts Air Alaska (Everts), pursuant to Section 11.61 ofthe Federal Aviation Regulations, petitions for renewal ofExemption No. 10348A to permit Everts to operate restricted category Air Tractor AT-802 aircraft in intra-Alaska fuel hauling operations ofEverts'-ownedor 3rdparty (customer) -owned fuel productpursuantto Everts' part 119 air carrier certificate and part 135 operations specifications. FAA initially granted Everts this exemption on August 31, 2011. By its terms Exemption No. 10348A (copy attached) expires August 31, 2015. Everts requests that a renewal be granted prior to this date and remain effective for at least two years. 1 

### Justification for renewal ofExemptionNo. 1 0348A is the same as the original exemption. In granting Exemption No. 10348, FAA determined that relief was warranted because the "capabilities of standard category aircraft are limited in their ability to serve the unique conditions in remote areas ofAlaska as well as the public interest ofthe state citizens in these areas." ExemptionNo. 10348, pg. 5. FAA further stated that its "intent is to maintain a level of safety equivalent to that provided by the regulations by applying conditions and limitations to these operations in this particular state, with this particular aircraft modified to FAA safety standards." !d. Everts submits that the circumstances set forth in Everts' initial petition for exemption in this docket are unchanged, and that it has remained compliant with all applicable exemption

1 In filing this application, Everts relies upon the automatic extension provision of the Administrative Procedure Act, 5U.S.C. § 558(c), to continue its current authority in effect beyond its specific expiry date pendingFAA action on this application.

# GAROFALO GOERLICH HAINBACH PC Federal Aviation Administration June 11,2015 Page 2 

### conditions and limitations.2 

### Everts submits that the requested exemptionreliefcontinues to be in the public interest and to have no adverse effectupon safety. Everts requests FAA grant the renewal expeditiously. Everts submits that a summary of this petition need not be published in the Federal Register as the reliefrequested is identical to Exemption No. 10348A. See FAR 11.87. To the extent FAA disagrees, Everts submits the following summary for publication in the Federal Register: Tatonduk Outfitters Limited d/b/a Everts Air Alaska (Everts) petitions for renewal of Exemption No. 1 0348A to permit Everts to operate restricted category Air Tractor AT-802 aircraft in intra-Alaska fuel hauling operations ofEverts'-owned or 3rd party (customer) -owned fuel product pursuant to Everts' part 119 air carriercertificate and part 135 operations specifications. Thank you for your time and attention. If there are any questions, please feel free to contactus.

Enclosure Jason E. Maddux GAROFALO GOERLICH HAINBACH PC 

### Counsel for Tatonduk OutfittersLimitedd/b/a EvertsAirAlaska

2 Everts has not yet utilized this exemption. To date, Everts has not found the right market conditions that would allow operation under Part 135 while complying with condition 2 of Exemption No. 10348A. Specifically, the definition of"impractical" and the examples given for "extenuating circumstances" are so narrow as to severely limit the public interest utilization ofthe Air Tractor AT-802 for fuel hauling in Alaska. Accordingly, there is no data for Everts to provide as required by condition 13 ofExemption No. 10348A.US Department ofTransportation Federal Aviation Administration August 29, 2013

Mr. Robert Everts President, Tatonduk Outfitters Limited P.O. Box60908 Fairbanks, AK 99706 DearMr. Everts: 800 Independence Ave

. S W Washington. DC 20591

Exemption No. I0348A Regulatory DocketNo. FAA-20II-0442

This letter is to inform you that we have granted yourpetition to extend Exemption No. I0348. It transmits ourdecision, explains its basis and gives you the conditions and limitations ofthe exemption, including the date it ends. 

### The Basis for Our Decision By letter dated May 3, 20I3, Attorneys Gary B. Garofalo & Jason E. Madduxpetitioned the Federal Aviation Administration (FAA) on behalfofTatonduk Outfitters Limited dba Everts Air Alaska (Everts) for an exemption from§ 91.3I3(a) and (c) ofTitle I4, Code ofFederal Regulations (14 CFR)to the extent necessary to allow Everts to operate restricted category Air TractorAT-802 aircraft in intra-Alaska fuel hauling operations ofEverts' owned or 3rd party (customer) owned fuel productpursuant to Everts' part II9 air carrier certificate and part I35 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 requestto amend the conditions ofthe 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 thatCondition No. 2 ofthe exemption is so narrow as to severely limit the public interestutilization ofthe AirTractorAT-802 for fuel hauling in Alaska. Although the petitioner requested that action on its petition notbe delayed for publication in the Federal Register, the FAA found thatthe petition with the requested amendment, if granted, would seta precedent. Therefore, to allow an opportunity for the public to comment AFS-I3-363-E

### 2

on the petition, a summary ofthis petition was published in the Federal Register on August 1, 2013 (78 FR46673). No comments were received. The FAA determined, as a matter ofpolicy, 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 bythe Administrator) are in a restricted category and notrequired to meetthe more rigorous standard category design standards. This determination recognizes the public's interest in these special purpose operations which cannoteasily be performed by standard category aircraft that have not been specially modified. In the interest ofpublic safety, the FAA must impose certain limitations on the operation ofaircraft with restricted category certificates. These limitations are consistentwith the FAA's obligationto provide aviation standards for the protection of persons and property in connectionwith aircraft operations. The FAA has determined that Condition No.2 ofthe current exemption in not unduly restrictive, that it is a means to maintain a balance between the currentregulations and serving the needs ofthe 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 ofproducts when impractical to deliver ornot available through other modes of transportation. Therefore, yourrequestto amend ConditionNo. 2 is hereby denied. OurDecision The FAA has determined thejustification for the issuance ofExemption No. I0348 remains valid with respectto this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 4470I, which the FAA Administratorhas delegated to me, I grant yourpetition, subjectto 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 CFRpart 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 ofAlaska and only between points in Alaska when othermeans ofsurface transportation or airtransportation by standard category aircraft are impracticable. For purposes ofthis exemption "impracticable" means transportation is not physically possible orcannot be performed by routine and frequent means ofothertransportation, due to extenuating circumstances. Extenuating circumstances include: conditions precluding highway, water, or standard category airtransportation, such as a frozen vessel route; road closures due to catastrophic weather or volcanic activity; remote locations requiring service by airwith short (less than 3000 foot) runways; or a declared state ofemergency. The desire for expedience ofa shipper, carrier, orconsignor, is notrelevant in determining whether other means oftransportation are impracticable. 3

3. This exemption is valid for AirTractor AT-802 and AT-802A aircraftthat operate under a restricted category airworthiness certificate, which have been modified ortype certificated specifically for bulk fuel hauling. 4. Installations and modifications ofthe AT-802/802A aircraftto permitbulkfuel hauling mustreceive approval from the appropriate Aircraft Certification Office (ACO). 5. The operator must comply with all applicable guidance and regulations ofthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and 49 CFRpart 175 (Hazardous Material Regulations, Carriage by Aircraft). 6. Withintheirpart 135 approved trainingprogram, 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 underthis exemption on the carriage of hazardous materials (HAZMAT) as well as procedures for on-loading, transporting, off-loading and emergency dumping ofbulkfuel. The POI must review and approve the training plan priorto any operations conducted under this exemption. 7. The person authorized to give instruction for bulk fuel hauling operations mustmeet the minimum qualifications listed in the conditions and limitations section ofAir TractorExemptionNo. 5651 (as amended and extended). 8. Priorto operations underthis exemption, the PIC must have successfully completed ground instruction on normal/emergency systems performance and normal/emergency handling characteristics ofthe AT-802/802A modified for bulkfuel hauling operations. Additionally, the PIC musthave successfully completed 5 cycles with a qualified instructor in the AT-802/802A in Alaskan bulk fuel hauling operations. For the purposes ofthis exemption, one cycle equals the sequential completion ofone fuel on-load, one takeoff, one landing and one fuel off-load. A record ofthis instruction must be made available by the pilotupon request by the Administrator. 9. The pilot-in-command (PIC) and the pilot receiving instruction (ifapplicable) for bulk fuel hauling operations are the only persons authorized to be onboard the aircraft during operations conducted underthis exemption. Passengercarrying operations are not authorized.10. All operations mustbe conducted in compliance with§ 91.313(e), and no waivers or operating limitations shall be granted authorizing flight overdensely populated areas. 11. Each PIC shall, before beginning a flight, become familiar withthe takeoffand landing distance available and required concerning that flight as well as alternatives available ifthe planned flight cannot be completed. 12. The PIC is responsible for ensuring thatthe aircraft remains within the AT-802 and AT-802A Airplane FlightManual (AFM) and AFM supplement limitations at all times. 4

13. The operatormust collect and submitthe following data to the POI on a quarterly basis, and provide a summary ofthis data in any requests for extension ofthis exemption. Data must be collected for each flight where the operatortransported bulk fuel:

a. Number offlight hours, b. Number offlights conducted (i.e. cycles),

c. Description ofany incidents or accidents, d. Description ofthe producttransported, and

e. Any additional information the operator and/or Administrator determines may be relevant. 14. The operator must allowthe Administrator to make inspectionsto determine compliance with applicable regulations and the conditions and limitations ofthis exemption. 15. A copy ofthis exemption must either be incorporated into the FAA-approved flight manual or carried onthe airplane while operating underthis exemption.

### 5 The Effect ofOur Decision Ourdecision extends the termination date ofExemptionNo

. 10348 to August 31, 2015, unless sooner superseded or rescinded. All conditions and limitations ofExemption No. 10348 remain the same. This letter must be attached to, and is a part of, Exemption No. 10348. Sincerely, 

### Is/ Michael J. Zenkovich Acting Deputy Director, Flight Standards Service