AFS-15-2429-E September 16, 2015

Exemption No. 12966 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 request for exemption. 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 June 11, 2015, 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 extension of Exemption No. 10348. That exemption from § 91.313(a) and (c) of Title 14, Code of Federal Regulations (14 CFR) allows Everts to operate restricted category Air Tractor AT-802 airc raft 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 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 exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Everts.

Although you requested an extension of Exemption 10348, that exemption expired on August 31, 2015. Therefore, we are issuing Everts a new exemption.2

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10348, (copy enclosed) the FAA found that 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. The FAA concluded 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 satandards.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously granted in Exemption No. 10348;

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Tatonduk Outfitters Limited dba Everts Air Alaska (Everts) an exemption from 14 CFR § 91.313(a) and (c) 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, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption is only valid for operations conducted by Tatonduk Outfitters Ltd. dba 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 for3

expedience of a shipper, carrier, or cosignor, 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 cer tificate, 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 a ppropriate 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 Principal Operations Inspector (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, copy enclosed).

8. Prior to operations under this exemption, the pilot-in-command (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 operati ons. Additionally, the PIC must have successfully completed five 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 PIC and the pilot receiving instructing (if applicable) for bulk fuel hauling operations are the only persons authorized to be onboard the aircraft during4

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.

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 to 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.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or revocation of Exemption No. 12966.5

The Effect of Our Decision

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

Enclosures Exemption Nos. 10348, 5651