October 7, 2013 

CERTIFIED MAIL- Return Receipt 

Docket Management Facility 

US Department of Transportation 

1200 Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, D.C. 20590 

Dear Sir or Madam, 

VERTS 

Please find enclosed an original and three copies of a petition for a deviation for Everts Air Cargo 

relating to relief sought from certain previsions of 14 CFR part 91. Information supporting this relief is 

also provided. 

The petition concerns the impact of noise compliance not ordinarily required for operation within the 

State of Alaska, impacting the air carrier's intent to provide the essential services to outlying 

communities while at the same time accomplishing the mandate to ensure operations at the highest 

standard of safety. 

As the colder months approach and contaminated runways become the norm rather than the exception, 

we respectfully ask that this request is processed and the deviation granted as a matter of urgency. 

Enclosure 

cc: Robert Christensen 

6111 Lockheed Avenue 

Anchorage, AK 99502-1 078 

(907) 243-0009 Main 

(907) 243-7333 Fax 

5525 Airport Industrial Road 

Fairbanks, AK 99709-4470 

(907) 450-2345 Main 

(907) 450-2320 Fax 
October 7, 2013 

Docket Management Facility 

US Department of Transportation 

1200 Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, D.C. 20590 

Re: Request for Deviation 

Petitioner: 

Tatonduk Outfitters, Ltd., d/b/a Everts Air Cargo 

by its Director of Operations, Mr. Zachary M. Adams 

Petitioner's Contact Information: 

Everts Air Cargo 

5525 Airport Industrial Road 

Fairbanks, Alaska 99709 

(907) 450-2345 

zadams@evertsair.com 

Background: 

Tatonduk Outfitters, Ltd, doing business as Everts Air Cargo, the petitioner, holds Air Carrier Certificate 

Number FXGA030A and has operations specifications authorizing it to conduct supplemental operations 

in common carriage pursuant to Title 14 Code of Federal Regulations (CFR) 119.21(a)(3) . Everts Air 

Cargo primarily provides intrastate transportation of cargo, mail and commodities essential to 

commerce and the sustainability of outlying communities and villages, as well as serving the Department 

of Defense within the State of Alaska. Everts Air Cargo's fleet of group II aircraft consists of McDonnell 

Douglas DC-9-30 Series Cargo Airplanes. These aircraft are currently operated conforming to 14 CFR part 

36 stage 3 noise requirements. Everts Air Cargo seeks relief in order to permit, consistent with the 

appropriate provision of 14 CFR part 91.857, operations during which the landing not conforming stage 

3 would occur. 

Relief Sought From Regulatory Sections 

14 CFR Subpart I section 91.801 as applicable to civil subsonic (turbojet) aircraft operated in the United 

States, and 14 CFR part 36 and relevant noise levels under appendix C of that part are clearly exempted 

during operations in Alaska. Relief is sought from the implicit requirement to restrict the airplanes if 

operated as stage 2, to only stage 2 operations when these airplanes may be operated conforming to 

stage 3 is available when trailing edge flaps or maximum landing weight limits are imposed. 
Page 2 

Request for Deviation 

October 7, 2013 

Nature and Extent of the Requested Relief 

The petitioner, FXGA, comes before the Administrator seeking a deviation to the Supplemental Type 

Certificate (STC) ST165CH and the associated AFM Supplement, in the interest of achieving a higher 

standard of safety. In support of this petition, the following is submitted: 

The above captioned STC and the associated Flight Manual Supplement FMS-KSl000-093 establish the 

basis for operating the McDonnell Douglas DC-9-31, -32, 32F, -33F, -34, and -34F Series aircraft, 

equipped with Pratt and Whitney JT8D-7, -9, -11, -15, and -17 series engines equipped with the ABS 

Partnership Stage 3 Hushkit installed, conforming to 14 CFR part 36. 

The petitioner operates the aircraft of this series and engines of this series in common carriage 

operations, authorized under 14 CFR part 121, principally within the State of Alaska. The services 

provided by the petitioner are in many instances essential to the well being of isolated communities 

providing necessities for sustenance and survival. The ability to provide these services with safety and 

reliability at a sustainable economic level establishes the basis for this petition. 

The deviation sought is characterized as follows: 

1. Maximum Takeoff Weight as authorized by this STC unchanged. 

2. Maximum Landing Weight of 102,000 lbs., flaps 40, as authorized in accordance with Appendix B 

of the referenced STC. 

3. Maximum Landing Weight of 102,000 lbs., flaps 50 landing configuration, as authorized by the 

AFM document DAC-67033, and consistent with §91.801(c) Applicability: Relation to part 36; 

§91.853 Final Compliance: Civil Sub Sonic Airplanes; §91.857 Stage 2 operations outside of the 

48 contiguous United States and §91.858 Special flight authorizations for non revenue Stage 2 

operations. 

4. This deviation is sought for landing operations conducted within the State of Alaska. 

Analysis 

The petitioner can find no regulation or policy barring landing weight restrictions predicated upon flap 

settings. This was commonplace in the B727, with separate AFM landing weight limits established for 

flaps 30 and flaps 40 landing configurations. 

The petitioner seeks to retain the Maximum Landing Weight of 102,000 lbs., in order to carry the 

maximum payloads to provide the best services to the outlying communities and villages. A reduction in 

landing weight which approaches 10% of the available payload, when it is not appropriate for 

operational safety substantially penalizes the end consumer as a result of increased cost of goods 

transported, which are frequently necessities for the survival and well being of the remote communities 

and villages. 
Page 3 

Request for Deviation 

October 7, 2013 

The weight restriction imposed by Appendix G of the referenced STC for flaps SO landing is relative only 

to the documented noise levels (EPNdB) determined during proving flights for this STC, as required for 

compliance with §36 for operations within the contiguous United States. There is no indication of a 

decrement to the performance that would pose a compromise in safety in the case of a balked landing 

or landing climb event. In further support of the request for the deviation from the referenced STC is 

the resultant reduction in Vref speed by five to seven knots indicated airspeed for any given landing 

weight, materially reducing the landing rollout distance on a contaminated (water, snow, slush, ice) 

runway. 

The petitioner recognizes that the provision exists within 14 CFR 91.8S7 and 14 CFR 91.8S8 to elect to 

conduct operations not conforming to stage 3 outside of the 48 contiguous United States while 

preserving the right to operate non revenue flights under special authorization into the contiguous 

United States and District of Columbia. The petitioner asserts that there is no safety attribute which 

would be compromised by virtue of a deviation allowing the operation of these airplanes as stage 3 

airplanes during all operations except for landing, without the imposition of restrictions not ordinarily 

required within the State of Alaska. 

Equivalent Level of Safety 

It is imperative that all parties understand the Everts Air Cargo is not requesting any relief from any 

performance requirement of part 121, but rather is requesting the Administrator recognize the 

enhanced level of safety that would be attained by granting the petitioner the deviation sought. All 

elements of the deviation are consistent with parameters tested and demonstrated in approval, with 

the exception of the noise level during the approach phase of flight. Everts Air Cargo asserts that the 

ability to select the original factory maximum landing flap configuration, rather than a compromised 

configuration adopted to reduce noise where this is required, ensures that a greater level of safety 

would exist. 

Benefit of Public Interest 

If Everts Air Cargo is denied the deviation allowing operations to be conducted using landing flaps SO 

and the structural maximum landing weight (unless reduced for performance considerations), it is 

forced to conduct operations at a lesser standard of safety. Even when the actual landing weight is to be 

less than the structural or performance limited weight, and runway analysis data supports a landing 

using flaps 40 on a short or contaminated runway, the resulting higher touchdown speed is in and of 

itself a compromise to the highest standard of safety. The ability to carry fuel in addition to that 

required under the regulations is often significant with the rapidly changing weather in the State of 

Alaska. The reduction in landing weight required to meet the stage 3 limitation imposed inhibits safety 

by reducing the landing weight in the equivalent of approximately 30 minutes of additional contingency 

fuel. 
Page 4 

Request for Deviation 

October 7, 2013 

A secondary impact to the public will result when operating weights are restricted by nearly 10%, 

resulting in higher costs to industry, end users and consumers. This is estimated at 5.4 million dollars per 

year; not an insignificant cost in the lease populous regions of the nation. While such a cost impact may 

be tolerable when safety is a concern, it is not tolerable when it is due to noise constraints, excepted in 

the State of Alaska. 

Summary for Publication in the Federal Register 

Tatonduk Outfitters, Ltd, doing business as Everts Air Cargo, the petitioner holds Air Carrier Certificate 

Number FXGA030A and has operations specifications authorizing it to conduct supplemental operations 

in common carriage pursuant to Title 14 Code of Federal Regulations (CFR) 119.21(a)(3). Everts Air 

Cargo primarily provides intrastate transportation of cargo, mail and commodities essential to 

commerce and the sustainability of outlying communities and villages, as well as serving the Department 

of Defense within the state of Alaska. Everts Air Cargo fleet of group II aircraft consists of McDonnell 

Douglas DC-9-30 Series Cargo Airplanes. 

Everts Air Cargo seeks relief in order to be authorized to operate at the highest standard, while 

providing the necessary services to the outlying communities in the State of Alaska, while sparing these 

communities the costs associated with payload limits necessitated for noise standards exempted in the 

public interest for this very reason. The absence of the relief sought in this petition from the 

requirements of 14 CFR 91.801, during operations in the State of Alaska will result in a disproportionate 

economic burden for the communities served while at the same time prevent the carrier from operating 

the DC-9 airplane in accordance with its original Type Certificate and the highest standard of safety 

inherent in this certification. 

Most respectfully,