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VIAFDMS 

Federal Aviation Administration 

Office of the Chief Counsel 

Office of Rulemakings 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

June11,2015 

Re: Petition ofTatonduk Outfitters Limited for Renewal of Exemption No. 10348A; 

Docket No. FAA-2011-0442 

Ladies/Gentlemen: 

Tatonduk Outfitters Limited d/b/a Everts Air Alaska (Everts), pursuant to Section 11.61 

of the Federal Aviation Regulations, 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 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 of Exemption No. 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 of Alaska as well as the public interest of the state citizens in these 

areas." Exemption No. 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, 5 U.S.C. § 558(c), to continue its current authority in effect beyond its specific expiry date 

pending FAA 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 exemption relief continues to be in 

the public interest and to have no adverse effect upon 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 relief requested 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 of Everts'-owned 

or 3 rd party (customer) -owned fuel product pursuant to Everts' part 119 air 

carrier certificate and part 135 operations specifications. 

Thank you for your time and attention. If there are any questions, please feel free to 

contact us. 

Enclosure 

Jason E. Maddux 

GAROFALO GO ERLICH HAINBACH PC 

Counsel for Tatonduk Outfitters Limited d/b/a 

Everts Air Alaska 

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 of the Air Tractor AT -802 for fuel hauling in 

Alaska. Accordingly, there is no data for Everts to provide as required by condition 13 of Exemption No. 

10348A. 
US Department 

of Transportation 

Federal Aviation 

Administration 

August 29, 2013 

Mr. Robert Everts 

President, Tatonduk Outfitters Limited 

P.O. Box 60908 

Fairbanks, AK 99706 

Dear Mr. Everts: 

800 Independence Ave . S W 

Washington. DC 20591 

Exemption No. I 0348A 

Regulatory Docket No. FAA-20II-0442 

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

No. I 0348. 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, 20 I3, Attorneys Gary B. Garofalo & Jason E. Maddux petitioned the 

Federal Aviation Administration (FAA) on behalf of Tatonduk Outfitters Limited db a Everts 

Air Alaska (Everts) for an exemption from§ 91.3I3(a) and (c) of Title I4, 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 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 request to 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 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 

AFS-I3-363-E 
2 

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 ofthe 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. I 0348 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 4470 I, 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 13 5 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 
consignor, is not relevant in determining whether other means of transportation are 

impracticable. 

3 

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 (HAZMA T) 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 ofthe 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. 
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. 

4 

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 ofthis 

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 ofthis 

exemption. 

15. A copy ofthis 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. 

Sincerely, 

Is/ 

Michael J. Zenkovich 

Acting Deputy Director, Flight Standards Service