FAA OFFICE OF RULEMAKING

800 Independence Ave SW

Washington D.C., 20591

202-267-9677

http:// www.regulations.gov

FAA-2011-

PETITION FOR EXEMPTION 

FROM 

FEDERAL AVIATION REGULATIONS

14 CFR Sections 91.313 (a), and (c)

Communications with respect to this document should be sent to:

Marty Hall, LDER

Tatonduk Outfitters Ltd. d/b/a

EVERTS AIR ALASKA

P.O. 60908

Fairbanks Alaska 99706

Phone 907-450-2300

Cell 907-590-5111

mhall@evertsair.com

April 04/21/11

Gary B. Garofalo

Jason E. Maddux

Garofalo Goerlich Hainbach PC

1200 New Hampshire Avenue NW

Washington, D.C. 20036

Phone 202-776-3970

Fax 202-776-3975 

ggarofalo@ggh-airlaw.com

jmaddux@ggh-airlaw.com

Counsel for Tatonduk Outfitters Limited

d/b/a Everts Air Alaska

d/b/a Everts Air Cargo
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Nature of Relief from the Regulation requested

In accordance with 14 C.F.R. Part 11, Tatonduk Outfitters Ltd. d/b/a Everts Air Alaska 

(Everts), a Part 135 Air Carrier,1 hereby petitions the Federal Aviation Administration 

(FAA) for exemption from the requirements of 14 C.F.R. §§ 91.313 (a), and (c), and any 

other applicable regulations,2

Exemption Requested from the Following Regulation

to the extent necessary, to conduct intra-Alaska fuel 

hauling operations in restricted category Air Tractor AT-802 aircraft pursuant to Everts 

Part 119 air carrier certificate and Part 135 operations specifications as described more 

fully below. 

• 91.313(a) No person may operate a restricted category civil aircraft-

(1) For other than the special purpose for which it is certificated; or

(2) In an operation other than one necessary to accomplish the work activity 

directly associated with that special purpose.

• 91.313(c)No person may operate a restricted category aircraft carrying 

persons or property for compensation or hire. For the purposes of this 

paragraph, a special purpose operation involving the carriage of persons or 

material necessary to accomplish that operation, such as crop dusting, 

seeding, spraying, and banner towing (including the carrying of required 

personal or material to the location of that operation), and operation for the 

purpose of providing flight crewmember training in a special purpose 

operation, are not considered to be the carriage of persons or property for 

compensation or hire.

 

1 Air Carrier Certificate number FXGA030A.

2 Everts notes that 14 CFR § 135.25(a) provides, “no certificate holder may operate an 

aircraft under this part unless that aircraft—(1) Is registered as a civil aircraft of the 

United States and carries an appropriate and current airworthiness certificate issued 

under this chapter.” While Everts believes a restricted category airworthiness certificate 

satisfies the “appropriate” requirement of section 135.25(a), to the extent FAA disagrees, 

Everts requests an exemption from that section to operate the AT-802 pursuant to its 

Part 135 operations specifications. 
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Background of Request

Fuel hauling in Alaska is essential to the survival of communities and residents living in 

remote areas of Alaska. It is an understatement to say that it is a difficult and 

challenging business to operate because of the isolated locations of Alaskan villages, 

their runway availability and conditions and the harsh Alaska weather. The majority of 

Alaska is not served by major road systems. There is no Interstate Highway system, and 

the state highways that do exist service less than a dozen major cities. The only 

interconnected cities are Fairbanks and Anchorage and their “suburbs.” Parallel to this 

minimal road system is the Alaska Railroad which facilitates large scale fuel movement

which is limited to shipments between the Fairbanks and Anchorage areas. Smaller 

amounts of fuel are hauled by either private light aircraft, or snow machine, and the 

occasional cat-train operated by the larger mining outfits. 

The rest of the state is serviced by air or barge. Barge transport can only occur when the 

waterways are accessible, which is seasonal at best and discussed further on page 8 . Air 

transport of fuel is the only other option for communities and residents to receive their 

fuel, and this service is provided year round. The majority of fuel transport by air is 

primarily accomplished by large two and four piston-engine aircraft (the C-46 and DC6, respectively) currently considered the workhorses for fuel hauling in Alaska. 

However, due to their size and runway landing requirements, these aircraft are unable 

to support villages with limited airport infrastructure (less than 3000 foot runways). In 

fact, they cannot operate into many of the smaller runways throughout Alaska. 

Nevertheless, the isolated villages served by these runways are often limited to air 

transport of fuel alone making them the most remote locations in our State.

 

Indeed, the Pipeline and Hazardous Materials Safety Administration has recognized and 

accommodated the need to be able to transport fuel by aircraft in Alaska by regulation, 

rather, than requiring specific permits. The allowance for transportation of flammable 

liquids, by aircraft, when other means of transportation are impractical, is specified in 

section 175.310(b)(2)(iv) of Title 49 of the Code of Federal Regulations (49 CFR).
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The fuels hauled by air in Alaska include heating oil (for homes, schools, medical 

treatment centers, and stores) jet fuel, diesel fuel for vehicles, and the electrical 

generators that power the villages. There is a significant demand for automotive fuel for 

vehicles, including boats, cars, trucks, snow machines and four-wheelers. All of these 

represent a primary means of transportation or subsistence in the Alaskan Bush. 

Accordingly, providing fuel transport services by air is uniquely needed in Alaska due to 

the lack of surface infrastructure and navigable waterways.

Background of Everts Air Alaska

Everts Air Alaska was started in 1977 as Tatonduk Outfitters Limited, dba Tatonduk 

Flying Service. It was sold to the current owner in 1993. Since then, the company name 

was changed and they have operated scheduled and on demand service in Alaska, 

including considerable flying to the remote villages of Alaska with both small and large 

aircraft.

Tatonduk Outfitters Ltd. d/b/a Everts Air Alaska has over 30 years of experience flying 

safely in the interior. It is a “Part 135 certificated operator” in the sense that it holds a 

Part 119 air carrier certificate and Part 135 operations specifications. Tatonduk 

Outfitters Limited also operates under the trade name Everts Air Cargo pursuant to its 

Part 121 operation specifications. It is an active participant in the Safety Management 

System (SMS) Pilot Program and distinguished member of the AACA Medallion 

Program in Alaska, due to receive the Medallion Shield later this year.3 

 

3 http://medallionfoundation.org/
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Proposed Operation

This exemption would permit Everts to operate newly manufactured Air Tractor AT-802 

aircraft to be used to transport Everts owned, or 3rd party (customer) owned, fuel 

product to Alaskan villages, mines, cabins, and other remote sites within Alaska. The 

Air Tractor AT-802 is a restricted category aircraft and will be operated with a FAA 

approved bulk tank system.

Equivalent and Additional Levels of Safety Beyond Part 91.

Grant of this exemption should not adversely affect safety. Indeed, grant of this 

exemption may increase the safety of air operations in Alaska. As discussed elsewhere 

herein, transportation by air is often the only means of hauling fuel to many remote 

parts of Alaska. Unfortunately, many Standard Category aircraft are not well equipped 

to operate in the harsh conditions of the Alaskan Bush, nor are they often capable of 

landing on the short runways that offer the only means of access to these locations. 

Furthermore, these aircraft are not as well equipped to safely haul fuel, even in small 

amounts. 

• When the situation in a community approaches a dire level, small amounts of 

fuel are occasionally hauled by private aircraft that are not equipped to safely 

transport the fuel, and by pilots who are not trained to haul fuel safely. 

Often, these aircraft are limited to carrying 400 gallons, or less, of fuel, 

sometimes in containers aft of the cockpit.

• If these aircraft are owned and operated by a Native Village or Tribal entity, 

they can be operated as public aircraft with little or no FAA oversight into 

their safe operation or maintenance. 
6

Air safety in Alaska will be increased by this exemption because Everts proposes to 

operate the Air Tractor AT-802 restricted category aircraft. The AT-802 is better suited 

than most standard category aircraft to haul fuel in Alaska’s harsh conditions. As an 

agricultural aircraft, the AT-802 is specifically designed to haul hazardous chemicals, 

unlike standard category aircraft. The AT-802 aircraft can haul up to 1000 gallons of 

fuel at a time in an aircraft whose max allowable landing weight is the same as the max 

allowable take-off weight. The original fiberglass hopper is used with an aluminum 

addition to the bottom of the hopper. The whole system, as well as the aircraft, is 

bonded for lightening protection. (Schematics are attached at the end of this document.) 

Because of its greater fuel carrying capacity compared to smaller, standard category 

aircraft currently serving remote areas of Alaska, fewer flights will be required in the 

AT-802 to deliver the same amount of fuel. Fewer flights will result in decreased flight

risk exposure and increased safety. Accordingly, because it is specifically equipped for 

this purpose, the level of safety will be substantially increased by Everts delivering fuel 

in the AT-802 rather than small amounts of fuel being delivered by some of the other 

means, such as by standard category, private or public aircraft. 

• The AT-802 has design features that significantly increase its crash

worthiness compared to many standard category aircraft. For example, the 

aircraft carries most of its useful load in a hopper located forward of the 

cockpit. The FAA has recognized that this design feature in agricultural 

aircraft reduces the chance of the cockpit collapsing should a crash occur. The 

AT-802’s design further reduces the chance of pilot injury in a crash by 

incorporating rugged cockpit structure and a 5-point restraint equipped with 

an AmSafe Airbag system. Granting this petition would positively affect safety 

by allowing Everts, a 121 carrier with substantial experience hauling fuel 

within the State of Alaska and Canada to add the AT-802 to their fleet. 

Significant equivalent level of safety considerations have been taken into 

account when choosing this aircraft. The safety features of the AT-802 would 

enhance the safe delivery of fuel to remote areas of Alaska.
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• Everts proposes to operate and maintain the AT-802 aircraft under all 

applicable requirements of Part 135. All Everts pilots are trained under an 

FAA-approved training program. This program is tracked, along with flights 

and flight times, in a similar manner as a Part 121 operation’s crews. Everts 

personnel are also trained in the specific techniques of fuel hauling, and draw 

on their close association with Everts Air Fuel Inc., which has over 35 years of 

experience transporting fuel in Alaska. 

• Everts will establish a training curriculum based on the current training 

program utilized by a Canadian company that is the largest Air Tractor 

operator in the world with 40 Air Tractors in service worldwide. The first Air 

Tractor model being purchased will be a two-seater to facilitate training and 

pilot qualification. In addition to crew training, Everts will draw on and 

benefit from this Canadian operator’s experience for maintenance training. 

Moreover, the first two Air Tractors will be newly manufactured specifically to 

the needs and requirements of Everts.

• Everts also notes that, on August 6, 2009, the FAA proposed adding Alaska 

Fuel Hauling to Section 91.313 as a special purpose. At that time, neither the 

FAA nor any party submitting comments raised safety concerns with 

conducting fuel hauling operations with restricted category aircraft in Alaska. 

Furthermore, it cited the Air Tractor line of aircraft as potentially able to 

operate safely in this environment.
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Public Interest

Grant of this exemption is in the public interest. As the FAA noted in its August 6, 2009

Proposed New Restricted Category Special Purpose Operations (Notice):

“Alaskan Fuel Hauling would provide a means to transport fuel to isolated 

individuals or locations, such as villages, towns and mining operations, within 

the State of Alaska. Currently, in rural Alaska there are numerous remote 

villages, mining camps, and individuals that have no practical access except by 

air. During the winter months, transportation of fuel to remote locations is 

limited to small quantities hauled by ground on trail access vehicles or by aircraft 

owners carrying fuel for their own use.” 74 Fed. Reg. 39242 (Aug. 6, 2009).

The high cost of fuel, which has further increased as a result of unrest in the Middle East 

and North Africa, and impediments to its transportation, have adversely affected the 

number and size of barges carrying fuel to remote locations in recent years. Specifically, 

during the past few years when the river levels have been lower than normal, and in 

some areas, when the ice has arrived early, the villages and barge companies have not 

been able to consistently schedule delivery of the required supply of fuel. This 

predicament can and has caused a serious shortage of fuels, in particular heating oil. In 

addition, when a winter is far more severe than anticipated, and a village has limited 

storage ability, fuels and heating oil can run dangerously low. In some cases, villages 

cannot wait on the barge to arrive and must fly fuel in to survive. Also, due to EPA 

requirements for storage tanks at some villages that can no longer be used, these villages 

cannot purchase and store the larger quantities of fuel as they did in the past. They now 

rely on smaller tanks and more frequent deliveries. These conditions have caused 

severe hardships in some villages, which then necessitate special fuel deliveries. Indeed, 

fuel shortages in rural Alaska have become such a concern that the Alaska Department 

of Commerce, Community and Economic Development established Fuel Watch, a 

program designed to be a proactive approach to preventing the kind of seasonal 

hardship that fuel shortages caused in many rural communities in the winter and early 

spring of 2009.
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Public concern is growing over availability and price of fuel in rural Alaska. Two 

independent reports on the pricing of fuel in rural Alaska were issued in February 2010.

Components of Alaska Fuel Costs: An Analysis of the Market Factors and 

Characteristics that Influence Rural Fuel Prices4 was issued by the Institute of Social 

and Economic Research (ISER) of the University of Alaska Anchorage. The ISER report 

was prepared for the Alaska State Legislature Senate Finance Committee to identify 

policy options for reducing fuel prices. Rural Fuel Pricing in Alaska5 was issued by the 

state's Attorney General. Both reports highlight the challenges rural Alaskans face in 

delivery of gasoline, diesel, and home heating fuel. Specifically, the ISER report states:

“Rural communities across Alaska continue to face high fuel prices. 

People in these remote, cold places need large quantities of fuel for heat, 

electricity, and transportation. The estimated household cost for energy 

in remote rural Alaska increased significantly since 2000—increasing 

from approximately 16% of total household income in 2000 to 47% in 

2008 for the lowest income rural households. Compared to Anchorage, 

energy costs are a higher portion of income for all income levels in 

remote rural Alaska. High energy costs exacerbate the issues of a 

shortage of cash paying jobs, limited local economic bases, and local 

governments struggling to provide basic services to residents and 

businesses.”

The ISER report also notes that in January 2010, some small communities paid as much 

as $7.00 and $6.50 per gallon for gasoline and diesel fuel, respectively. The report 

notes, “[t]ransportation costs are a critical factor affecting fuel prices in Alaska rural 

 

4 Available at http://www.iser.uaa.alaska.edu/publications/componentsoffuel3.pdf.

5 Available at

http://www.law.state.ak.us/pdf/civil/021810RuralFuelPricinginAlaska.pdf.
10

communities.” The report provides data on communities whose only method for fuel 

delivery is air and highlights one such community as having a “very short runway” and 

only being able to “handle small shipments per trip.”

In addition, the ISER report discusses problems associated with the combination of high 

energy costs and low incomes. The situation is somewhat alleviated by various financial 

assistance and subsidy programs, such as the federally funded Low Income Heating 

Assistance Program; but even those programs are in danger of losing funding due to 

proposed budget cuts. With high energy costs in Alaska contributing to the need for 

federally funded financial assistance, granting this exemption to increase the efficiency

and lower the cost of fuel delivery to rural Alaskans is clearly in the public interest. 

Fuel hauled by barge has become increasingly more expensive, or even unavailable. 

Barge companies have had to repair or replace aging tugs and barges, and to recover 

that investment in the prices charged for fuel transport by increasing rates. 

Furthermore, new federal rules requiring the use of double-hulled barges will add even 

more expense to fuel transported by barge. As a result of the barge industry’s delay in 

meeting the new federal requirements, off-road communities are increasingly reliant on 

air, and other means of transportation. One alternative is for residents and businesses 

in the villages to use snow machines making multiple trips. This is inefficient at best and 

unsafe as compared to transporting fuel by air. Given the harsh, cold winters of Alaska, 

low cost and efficient fuel hauling operations are important and possibly life saving to 

many Alaskans. 

The FAA is always mindful that good environmental stewardship is important. Everts

and the Air Tractor AT-802 can contribute to that goal by providing a more efficient 

service to those in the bush villages of Alaska. The AT-802 can carry a larger quantity of 

fuel as compared to small, standard category private or public aircraft currently serving 

remote areas of Alaska, thus reducing the number of flights required to service rural 

communities. 
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Granting an exemption to Everts authorizing the use the Air Tractor AT-802 restricted 

category aircraft in intra-Alaska fuel hauling operations will enhance safety and increase 

efficiency. Accordingly, the public interest would be served and many Alaskans would 

benefit from Everts being granted this exemption. 

Prior Precedent

The FAA has granted substantially similar exemption authority to that requested herein. 

In Exemption No. 770, as amended, FAA exempted Northern Air Cargo and other air 

carriers holding operations specifications issued under Part 121 by the appropriate FAA 

certificate holding office located in the State of Alaska from 14 CFR §§ 91.39(b) (now 

91.313(b)) and 121.157 to permit the use of restricted category aircraft to carry cargo for 

compensation or hire, subject to certain conditions and limitations. The exemption 

permitted Northern Air Cargo to operate ex-military C-82 aircraft, which, though 

restricted category aircraft, were uniquely situated to carry outsized cargo to remote 

areas of Alaska that were inaccessible by any other means. The FAA found that a grant 

of this exemption, which had been renewed on a yearly basis for more than 20 years, 

was in the public interest “because an equivalent level of public safety will be 

maintained provided that conditions and limitations of this exemption are met.”6

Grant of the Everts exemption petition would be in the public interest for identical 

reasons. There is a demonstrated need to carry small quantities of fuel to remote areas 

of Alaska for the many reasons stated previously. Everts proposes to operate newly 

manufactured Air Tractor AT-802 aircraft, which, as agricultural aircraft, are

specifically designed not only for rugged conditions but also to haul hazardous 

chemicals such as fuel. The operation of the Air Tractor by Conair and Wilderness 

North in Canada demonstrates not only how uniquely situated the AT-802 is for 

operating in the rugged north but also for fire fighting and fuel hauling, respectively. 

 

6 FAA Exemption No. 770R, Docket No. 8429, pg. 6 (May 30, 1986). 
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The safety and reliability of the AT-802 over uncertificated, exmilitary aircraft, and light 

planes not suited for fuel hauling was a significant contributing factor to its selection.7

Moreover, Everts proposes to operate the Air Tractor aircraft under the stringent safety 

controls of Part 135. Everts also would agree to substantially similar conditions as those 

found in Exemption No. 770R. Specifically, Everts Air Tractors would be limited to 

carriage of fuel, transportation of passengers would be prohibited, operations must be 

conducted over sparsely populated areas, and operations would be confined to the State 

of Alaska. In addition, Everts would accept reasonable reporting requirements, and 

other reasonable conditions prescribed by the Director of the Alaska Region. As the 

FAA noted in Exemption No. 4906 (Feb. 29, 1988),

“The FAA has imposed more safety controls on operators engaged in 

common carriage. These additional safety controls, coupled with the very 

restrictive conditions and limitations of Exemption No. 770, as amended, 

provided a level of safety equivalent to that of the FAR.”8

Accordingly, because Everts will operate the Air Tractor aircraft under the common 

carriage safety controls of Part 135, as well as substantially similar conditions and 

limitations to those imposed by Exemption No. 770R, Everts proposed operations will 

provide an additional level of safety above the minimum requirements of the Federal 

 

7 See articles about Conair of Abbortsford, B.C. and its operation of the Air Tractor as a 

Fire bomber at http://www.prweb.com/releases/2005/03/prweb222704.htm, and 

Wilderness North and its operation of the Air Tractor as a fuel hauler at 

www.wildernessnorth.com/pdf/WN-fishing-report-073107.pdf, at pg.2 and imbedded 

pod cast. See also www.airtractor.com/at-802-bulk-fuel-tanker.

8 In Exemption No. 4906, FAA denied the petition of Northern Pacific Transport, Inc. to 

operate restricted category aircraft under 14 CFR Part 125 noting that the safety controls 

imposed on common carriers “are not required for operators engaged in air commerce 

under Part 125.” This is not the case here. Everts proposes to operate the AT-802 under 

the safety controls imposed on common carriers, namely Part 135. 
13

Aviation Regulations in that Everts will take the aircraft from a uncontrolled and 

unsupervised Part 91 level to an Air Carrier level of safety. 

Conditions

In addition to the stipulations discussed above, Everts will accept other reasonable 

conditions on its operation of the AT-802 restricted category aircraft for fuel hauling. 

Additional Public Interest Considerations

When enacting legislation governing air transportation, Congress has repeatedly 

acknowledged, and directed FAA to acknowledge, the unique nature of operations in 

Alaska. Of particular relevance here, section 1205 of the FAA Reauthorization Act of 

1996 (49 USC § 40113(f)) states, “[i]n amending title 14, Code of Federal Regulations, in 

a manner affecting intrastate aviation in Alaska, the Administrator of the Federal 

Aviation Administration shall consider the extent to which Alaska is not served by 

transportation modes other than aviation, and shall establish such regulatory 

distinctions as the Administrator considers appropriate.”

Granting the present petition would be consistent with Congress’s intent by establishing 

a regulatory distinction for the limited purpose of authorizing the operation of 

restricted-category Air Tractor aircraft for fuel hauling in Alaska. Granting this petition 

would not specifically amend 14 CFR, however, FAA’s internal guidance notes, 

“[t]he granting of an exemption is generally viewed as an alternative 

method of complying with a regulatory requirement. A grant of exemption 

and each specific condition and limitation is a regulatory requirement.”
14

Order 8900.1, V. 3, CH. 2, § 1, para. 3-26. An exemption is akin to a private regulation. 

Accordingly, when reviewing this petition, FAA should take into consideration the 

extent to which Alaska is not served by transportation modes other than aviation, as 

required by Congress.

Request for Immediate Issuance Without Comment Period

Everts requests that the FAA forgo publishing a summary of this exemption in the 

Federal Register seeking comments, since, recent and, directly related publications have 

occurred. The FAA has twice sought comments on the use of restricted category aircraft 

for fuel hauling in Alaska: first by its own August 6, 2009 Notice and a second time in 

response to a petition for an exemption submitted by Everts Air Fuel Inc., which was 

later withdrawn (see Docket FAA-2010-0897). The FAA received no negative comments 

in response to either its own Alaska fuel hauling proposal or that of Everts Air Fuel Inc.

petition. Everts is filing this petition because the approval of this (and two other) 

proposed special purposes have languished, and in recognition that the need for fuel 

hauling to remote Alaska remains a critical need. Accordingly, because public comment 

was already requested and received on the proposed “Alaska Fuel Hauling Restricted 

Category Special Purpose” and a prior substantially similar exemption petition, Everts

requests the exemption be issued immediately without a request for comments.

Respectfully submitted,

By: ____________

Robert Everts

President

Tatonduk Outfitters Limited

d/b/a Everts Air Alaska

d/b/a Everts Air Cargo

Paper copy to follow.
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