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 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. 

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. 
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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 3rd 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 for 
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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 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 

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 operations. 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 during 
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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. 
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The Effect of Our Decision 

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

Enclosures 

Exemption Nos. 10348, 5651