October 20, 2011 

Mr. James T. Dvorak 

J & M Aviation 

87204 John Baker Road 

O’Neill, NE 68763 

Dear Mr. Dvorak: 

This letter is to inform you that we are unable to process your request for an exemption from 

§ 65.91(c)(2) of Title 14, Code of Federal Regulations (14 CFR). It explains why we can’t 

process your request, gives you some important information about how we have handled 

similar requests, and tells you what you should do in the next 30 days. 

Why We Can’t Process Your Request

We entered your July 21, 2011, exemption request into the public docket (No. FAA-2011-

0854), but we are unable to process your request any further. The information you sent 

doesn’t comply with the requirements of 14 CFR § 11.81 (copy enclosed). For us to consider 

the request any further, you must send us all of the following: 

 The reasons granting the request would be in the public interest; that is, how it would 

benefit the public as a whole. 

 The reasons the exemption wouldn’t adversely affect safety or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which you seek an 

exemption. 

 Any more information, views, or arguments available to support your request. 

How We Have Handled Similar Requests 

Your request for exemption seeks relief from 14 CFR § 65.91(c)(2), to allow you to apply for 

an Inspection Authorization (IA) without being actively engaged in maintaining aircraft for at 

least the 2 years before application. 

It is important for you to know that we have issued denials of exemption in circumstances 

similar to those presented in your petition. We are enclosing for your review examples of 

these denials, Exemption Nos. 4613 and 5618. As noted in these denials, the FAA 

determined that the terms of section 65.91(c)(2) were established to ensure that an applicant 
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for an IA must have been actively engaged in maintaining aircraft certificated in accordance 

with the CFR. The experience as reflected in the enclosed petitions did not provide an 

acceptable substitute for the actual performance of maintenance on aircraft certificated and 

maintained in accordance with regulations. 

Because the previous denials of exemption dealt with circumstances similar to those 

presented in your petition, there is little reason to believe that we would grant your petition 

for exemption. 

What You Should Do 

 Before we commit agency resources to process and analyze your exemption request, we 

suggest that you review the enclosed denials of exemption. 

 If, after that review, you still want the agency to process your petition, you must tell us 

how the facts and circumstances of your particular situation are significantly different 

from the previous denials of exemption. 

 Send the information about your particular situation, and the information we requested 

earlier in this letter that will enable us to process your request, to reach us within 30 days. 

We will consider the docket on your request open for that period. 

If We Don’t Hear From You 

If we don’t hear from you within 30 days, we will close the docket without telling you further. 

If you have any questions or need more time, you may call (202) 267-9677. 

Sincerely, 

/s/ 

Brenda D. Courtney 

Manager, Airport and 

 Aircraft Rules Division

Enclosures