AFS

- 13

- 174

- E March 08, 2013

Exemption No. 9878 B

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 de cision, describes its effect, and lists the

conditions and limitations.

The Basis for Our Decision

By le tter 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 exempt ion from §§ 121.623(a) and (d) and 121.645(d) of Title 14, Co de 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 requireme nts 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 exempt ion.

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

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

precedent, and any delay in acting on this petition would be det rime ntal to OAI

.2

Our Decision

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

amended, remains valid with respect to this exemption and is in the public interest. Therefore,

under the authority provide d by 49 U.S.C. 4 0113 and 44701, which the FAA Administrator

has delegat ed 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

s pecifications 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 s ections.

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 opera tions 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 bet ween

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 Ef fect of Our Decision

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

May 31, 201 5 unless sooner su perseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight

Standards Service