AFS-10-229-E

April 29, 2010 Exemp tion No. 9706A Regul atory 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 y our petition to extend Exemption No. 9706. It explains the basis for our decision, describes its effect, and lists the conditions
and limitations.

The Basis for Our Decision

By letter dated April 5, 2010, you petitioned the F ederal Aviation Administration (FAA) on behalf of TEM Enterprises d.b.a. Xtra Airways (Xtra Airways) for an extension of Exemption No. 9706. That exemption from §§ 121.623(a) and (d ), 121.643, and 121.645(e) of Title 14, Code of Federal Regulations allows Xtra Airways to conduct its supplemental operations within the 48 contiguous United States and the Dist rict 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 domest ic operations.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were th e basis for granting the original exemption.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested extension of the exemption w ould not set a precedent, and any delay in acting on this petition would be detrimental to Xtra Airways.2

Our Decision

The FAA has determined that the justification for t he issuance of Exemption No. 9706 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, wh ich the FAA Administrator has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Prior to initiating operations under this exemption , Xtra Airways must amend its operations specifications to comply with the regula tions 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, 12 1.551, 121.555, 121.557,
and 121.569.

f. Part 121, subpart U: Sections 121.593, 121.599, 12 1.601, 121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659, and 12 1.633.

g. Part 121, subpart V: Sections 121.683, 121.685, 12 1.687, 121.695, and

121.711.

2. Xtra Airways must ensure that its aircraft dispatch ers 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 operatio ns 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 ai rports, or to, from, or between those regular, provisional, refueling, and alternat ive airports listed in its operations specifications or listed in a separate c urrent listing, that listing is referenced in its operations specifications and is authorized by the
Administrator.3

The Effect of Our Decision

Our decision extends the termination date of Exempt ion No. 9706 to June 30, 2012, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 970 6 remain the same. This letter must be attached to, and is a part of, Exemption No. 9706.

Sincerely,

/s/
John W. McGraw Acting Director, Flight Standards
Service