AFS-13-174-E

March 08, 2013

 Exemption No. 9878B

 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, as amended. It explains the basis for our decision, describes its effect, and lists the 

conditions and limitations.

The Basis for Our Decision

By letter received January 21, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Omni Air International (OAI) for an extension of Exemption No. 9878, as 

amended. That exemption from §§ 121.623(a) and (d) 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. 

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.
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Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9878, as 

amended, 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 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.
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The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9878, as amended, to 

May 31, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight 

Standards Service