AFS-11-201-E March 25, 2011

Exemption No. 9878A Regulatory Docket No. FAA-2009-0443

Mr. Robert E. Zeng Director of Operations

Omni Air International

P.O. Box 582527 Tulsa, OK 74158

Dear Mr. Zeng:

This letter is to inform you that we have granted your petition to extend Exemption No. 9878. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter received February 28, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Omni Air International (OAI) for an extension of Exemption No. 9878. That exemption from §§ 121.623(a) and (d), 121.643, and 121.645(d) of Title 14, Code of Federal Regulations (14 CFR) allows OAI to conduct its supplemental operations within the 48 contiguous United States and the District of Columbia using the flight regulations for 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. Additionally, the FAA notes that given your current opera ting status, exemption from § 121.643 is not required.

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 OAI.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9878 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 for exemption from §§ 121.623(a) and 121.645(d), subject to the conditions and limitations listed below.

Conditions and Limitations

1. Prior to initiating operations under this exemption, OAI must amend its operations specifications to comply with the following regulations applicable to domestic air carrier operations:

a. Part 121, subpart E: All sections.

b. Part 121, subpart G: § 121.135.

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

d. Part 121, subpart P: All sections.

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

121.569.

f. Part 121, subpart U: §§ 121.593, 121.599, 121.601, 121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659, and 121.663.

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

2. OAI 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. OAI 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 alternate 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.3

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9878 to May 31, 2013 unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service