General 

In accordance with the provisions of § 11.61 of the Code of Federal Regulations (CFR), TEM 

Enterprises d/b/a XTRA Airways (“XTRA”) hereby requests a renewal of its exemption from the terms 

of 14 CFR § 61.3(a) and § 61.3(c) allowing an operator to issue to its flight crewmembers, on a 

temporary basis, confirmation of any required crewmember certificate based upon information 

contained in the operator’s approved record system. 

The exemption was originally granted to XTRA Airways on August 4, 2008 in Exemption 9736 

(“the Exemption”) and was corrected on August 14, 2008. Specifically, under the exemption, XTRA 

Airways pilots are authorized to carry written confirmation of FAA-issued pilot or medical certificates 

provided by XTRA Airways based on information in XTRA Airways approved record system.

Exemption 9736 has proved to be a useful device that benefits the commercial aviation 

industry and the flying public and there has been no change in the underlying circumstances or 

reasons that justified granting the Exemption. For these reasons, it should be extended.

CFR’s Affected 

Section 61.3(a) states, in pertinent part, that no person may act as pilot-in command or in 

any other capacity as a required pilot flight crewmember of a civil aircraft of United States registry 

unless he has in his physical possession or readily accessible in the aircraft a certificate issued to 

him under this part. This section also requires the crewmember to have in his physical possession or 

readily accessible in the aircraft a government issued photo identification, which includes a valid 

drivers license or an official passport.

Section 61.3(c) imposes the same possession requirements for an appropriate current 

medial certificate.

Discussion 

The same statements and justifications that justified its original grant support the request for 

renewal of the Exemption. As noted in XTRA Airways original petition for an exemption, the reasons 

the exemption serves the public interest and ensures at least equivalent levels of safety were set 
forth by the Air Transport Association of America (ATA) in its petition for similar relief for air carriers 

who operate under Part 121 and the Regional Airline Association (RAA) for scheduled air carriers 

who operate under Part 135. The information presented by ATA is found in Regulatory Docket No. 

26582 and was the basis upon which the FAA issued Exemption No. 5487 to ATA members 

operating under Part 121. The information presented by RAA is found in Regulatory Docket No. 

26952 and was the basis upon which the FAA issued Exemption No. 5560 to RAA members and 

other scheduled 135 carriers operated under Part 135. Those presentations of the relevant issues 

remain applicable to XTRA Airways as well. Further, many years of operations under the Exemption 

demonstrate that granting a renewal of the Exemption would not adversely affect safety and would 

be in the public interest.

XTRA justifies its request with the following: XTRA Airways flights are largely unscheduled 

(charter) and involve operations during all hours of the day and night, often to remote locations. 

Considering the number of certificated airmen required to support these operations, it is not 

uncommon for a small percentage of this group to have his or her required certificate(s) and/or 

photo ID misplaced, lost, or destroyed. Occasionally, this may occur at a time and/or location where 

it is not possible to contact the FAA in Oklahoma City to request the appropriate telegraphic 

confirmation in accordance with §61.29. It may also be impractical to obtain a required photo ID at 

the time and/or location. Under the current rules, a flight must then be delayed or cancelled until the 

operating crew can receive the FAA certificate confirmation and/or photo ID. XTRA, like ATA and RAA, 

believes that such delay or cancellation should not be necessary because the certificate holder has a 

record of the airman’s certificates and a copy his or her passport and/or drivers license. However, to 

comply with the above rules, the flight must be delayed or in some cases cancelled simply because 

the FAA offices in Oklahoma are closed, because prompt telegraphic capabilities may not be 

available at the airman’s location, or because there is no way to quickly acquire a replacement photo 

ID.

Request for Waiver 

XTRA Airways hereby requests waiver for publication of this petition in the Federal Register.

Precedent already exists for waiver from publication. Similar requests were granted to ATA

and RAA.

* * *

ACCORDINGLY, TEM Enterprises d/b/a XTRA Airways requests that the aforementioned 

Exemption be renewed for a period of two years, and that the FAA grant any other and further relief 

that it may deem necessary.

Respectfully submitted,

Mike A. Gray

Director of Operations

XTRA Airways

(c) 813.545.210

 
Attachment

Docket No. FAA-2008-0588

January 30, 2016

SUMMARY OF XTRA AIRWAYS PETITION 

Petitioner: XTRA Airways

Regulation Affected: 14 CFR § 61.3(a) and § 61.3(c)

Description of Relief Sought: Renew Exemption No. 9736 with no changes to the existing terms 

except to extend its termination date. Exemption 9736 provides relief from Title 14, Code of Federal 

Regulations 61.3(a) and § 61.3(c), to the extent necessary to permit XTRA Airways to issue to its 

flight crewmembers, on a temporary basis, confirmation of any required crewmember certificate 

based upon information contained in the operator’s approved record system.