August 4, 2008

Exemption No. 9736

Regulatory Docket No. FAA-2008-0588

Mark W. Atwood, Esq.

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

Sher & Blackwell, LLP.

1850 M Street, NW.

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 § 61.3(a) and (c) of Title 14, Code
of Federal Regulations (14 CFR). That exemption, if granted, would allow
Xtra Airways pilots to carry written confirmation of FAA-issued pilot or
medical certificates provided by Xtra Airways based on information in
Xtra Airways's approved record system.

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. 5560, as amended (copy enclosed), the FAA found that
although the FAA issues telegraphic replacement certificates on a
24-hour emergency basis, some airlines are not equipped to receive such
certificates in a timely manner at various locations during non-business
hours. The FAA finds that the inability of an airline to receive
telegraphic replacement certificates in a short time could result in
substantial flight delays or even flight cancellations.

The FAA notes that in Amendment 61-102, "Pilot, Flight Instructor,
Ground Instructor, and Pilot School Certification Rules; Final Rule;
Request for Comments" (62, FR 16220,

April 4, 1997), effective August 4, 1997, § 61.29 was revised to permit
airmen who have lost an airman or medical certificate to obtain
confirmation by facsimile rather than by telegram that the certificate
was issued.

The FAA found that permitting the air carrier to issue written
confirmation of an FAA-issued flight crewmember certificate could
preclude delays and cancellations and, therefore, would be in the public
interest. The FAA also found that although there may be minor
differences between the content of the records maintained by the FAA and
those maintained by the carrier, granting the exemption with certain
conditions and limitations would provide a level of safety equivalent to
that provided by the affected regulations. Finally, the FAA stated that
under section 1, chapter 1, of annex 1 to the International Civil
Aviation Organization International Standards and Recommended Practices,
a license must be issued or rendered valid by a Contracting State, and
therefore, operations under the exemption would be limited to flights
conducted within the 48 contiguous United States and the District of
Columbia.

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 § 61.3(a) and (c) to the
extent necessary to issue its pilot flight crewmembers written
confirmation of an individual FAA-issued crewmember certificate based on
information in Xtra Airways's approved record system. That confirmation,
when attached to this exemption, permits (1) Xtra Airways to operate the
affected flight and (2) the individual pilot to serve as crewmember for
any part 135 flight operations without having in his/her possession an
FAA-issued pilot or medical certificate, subject to the conditions and
limitations described below.

**Conditions and Limitations**

1.  Before conducting operations under this exemption, Xtra Airways must
    develop, submit to, and have approved by its FAA principal
    operations inspector (POI) a plan outlining the procedures it
    expects to employ in issuing a temporary confirmation document to
    pilot flight crewmembers who do not have in their personal
    possession the airman or medical certificate required under the
    regulations for a particular flight.

2.  Xtra Airways's procedures, as specified in Condition No. 1, must
    include a method to ensure positive identification of the pilot
    flight crewmember when the pilot flight crewmember no longer has any
    identification.

3.  Each pilot flight crewmember who operates a flight under this
    exemption must comply with § 61.29(c) and ensure a request for a
    facsimile from the FAA confirming the applicable certificate is made
    within 72 hours of the initiation of any flight conducted under this
    exemption. Xtra Airways is authorized to make this application to
    the FAA on behalf of the pilot flight crewmember. The pilot flight
    crewmember must provide a copy of the facsimile to Xtra Airways
    within 24 hours of the receipt of that facsimile.

4.  Xtra Airways confirmation document must include the written words,
    "Issued under the authority of Exemption No."

5.  The privileges of this exemption may be exercised only when the
    affected pilot flight crewmember operates totally within the
    District of Columbia and the contiguous United States. The
    privileges of this exemption may not be exercised in Alaska or
    Hawaii.

This exemption terminates on August 31, 2010, unless sooner superseded
or rescinded.

Sincerely,

/s/

James. J. Ballough

Director, Flight Standards Service

Enclosure