AFS-10-229-E 

April 29, 2010 

 Exemption No. 9706A 

 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 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 Federal 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 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. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Xtra Airways. 
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Our Decision 

The FAA has determined that the justification for the 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, which 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 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. 
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The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9706 to June 30, 2012, unless 

sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 9706 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