June 3, 2008

Exemption No. 9706

Regulatory Docket No. FAA-2008-0587

Mark W. Atwood, Esq.

Counsel for TEM Enterprises d.b.a. Xtra Airways

Sher & Blackwell, LLP.

1850 M Street, NW., Suite 900

Washington, DC 20036

Dear Mr. Atwood:

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 May 15, 2008, you petitioned the Federal Aviation
Administration (FAA) on behalf of TEM Enterprises d.b.a. Xtra Airways
(Xtra Airways) for an exemption from §§ 121.623(a) and (d), 121.643, and
121.645(e) of Title 14, Code of Federal Regulations (14 CFR). That
exemption, if granted, would allow Xtra Airways to conduct its
supplemental operations within the 48 contiguous United States and the
District of Columbia using the flight regulations for the alternate
airports as required by § 121.619 and fuel reserve requirements as
required by § 121.639 that are applicable to domestic operations.

The FAA has determined that good cause exists for not publishing a
summary of the petition in the [Federal Register]{.underline} because
the requested exemption would not set a precedent, and any delay in
acting on this petition would be detrimental to Xtra Airways.

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. 5307, as amended (copy enclosed), the FAA found that when
a domestic air carrier initiates a flight without designating an
alternate, its dispatcher, a certificated airman, is required to monitor
the weather and other events that could change and prevent a safe
completion of the flight. Should such an occurrence arise, the
regulations require the dispatcher to relay this occurrence rapidly to
the flightcrew and provide them with information to complete the flight
safely. The FAA further noted that there are no such requirements for
flights conducted by a supplemental air carrier.

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

-   they do not differ materially from those presented by the petitioner
    in the enclosed grant of exemption;

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

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-   a grant of exemption is in the public interest.

**Our Decision**

Under the authority contained in 49 U.S.C. 40113 and 44701, which the
FAA Administrator has delegated to me, I hereby grant TEM Enterprises
d.b.a. Xtra Airways an exemption from 14 CFR §§ 121.623(a) and (d),
121.643, and 121.645(e) to the extent necessary to allow Xtra Airways to
conduct its supplemental operations within the 48 contiguous United
States and the District of Columbia using the flight regulations for the
alternate airports as required by

§ 121.619 and fuel reserve requirements as required by § 121.639 that
are applicable to domestic operations, subject to the conditions and
limitations described below.

**Conditions and Limitations**

1.  Prior to initiating operations under this exemption, Xtra Airways
    must amend its operations specifications to comply with the
    regulations applicable to domestic air carrier operations that are
    listed below:

    a.  Part 121, subpart E: All sections.

    b.  Part 121, subpart G: Section 121.135.

    c.  Part 121, subpart M: Sections 121.385 and 121.395.

    d.  Part 121, subpart P: All sections.

    e.  Part 121, subpart T: Sections 121.533, 121.541, 121.551,
        121.555, 121.557, and 121.569.

    f.  Part 121, subpart U: Sections 121.593, 121.599, 121.601,
        121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659,
        and 121.633.

    g.  Part 121, subpart V: Sections 121.683, 121.685, 121.687,
        121.695, and 121.711.

2.  Xtra Airways must ensure that its aircraft dispatchers hold aircraft
    dispatcher certificates issued under subpart C of part 65 and are
    properly qualified under part 121, subpart P, before permitting
    those persons to serve in operations conducted under this exemption.

3.  Xtra Airways must conduct its supplemental operations under this
    exemption---

> a\. Within the 48 contiguous United States and the District of
> Columbia; and
>
> b\. Except as required in § 121.637 for unlisted airports, or to,
> from, or between those regular, provisional, refueling, and
> alternative airports listed in its operations specifications or listed
> in a separate current listing, that listing is referenced in its
> operations specifications and is authorized by the Administrator.

This exemption terminates on June 30, 2010, unless sooner superseded or
rescinded.

Sincerely,

/s/

John M. Allen

Acting Director, Flight Standards

Service

Enclosure