1 BEFORE THE

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Petition of ) ) TEM Enterprises d/b/a Xtra Airways ) Exemption No. 9706 ) Regulatory Docket for an exemption from various ) No. FAA-2008

- 0587 provisions of 14 CFR Part 121. ) )

PETITION OF

TEM ENTERPRISES D/B/A XTRA AIRWAYS

FOR RENEWAL OF EXEMPTION

Summary

Pursuant to the provisions of Title 14 CFR §11.61, TEM Enterprises d/b/a Xtra Airways hereby requests a renewal of its exemption from the following

sections of Title 14 CFR Part 121:

§121.623(a) and (d); §121.643; and §121.645(e)

The exemption was originally granted to Xtra Airways on June 3, 2008 in Exemption 9706 (“the Exemption”) and is set to expire on Ju ne 30, 2010. The Exemption permits the Petitioner, subject to certain limitations, to conduct its supplemental operations withi n the 48 contiguous United States and the District of Columbia using the flight regulations for alternate airport (§121.619) and fuel reserve requirements (§121.639) that are applicable to domestic operations rather than supplemental r equirements cited above.

Specifically, under the Ex emption, Xtra Airways is permitted to conduct operations without listi ng an alternate airport wh en the weather reports, forecasts, or any combination thereof, indi cate that the ceilin g will be at least 2,000 feet above the airport el evation and the visibility will be at least three (3) miles for a period of one hour before to one hour after the estimated time of

arrival.

Exemption 9706 has proved to be a useful device that benefits the commercial aviation industry and the flyi ng public and there has been no change in the underlying circumstances or reasons that justifi ed granting the Exemption. For these reasons, it should be extended.2 FAR’s Affected

Section 121.623(a) provides, in perti nent part, that each person releasing an aircraft for operation under IFR shall list at least one alternate airport for each destination airport in the flight release.

Section 121.623(d) provides, in perti nent part, that no person may release a flight unless he lists each alternate airport in the flight release.

Section 121.643 provides, in pertinent part, that no person may release for flight or takeoff a nonturbine or tu rbopropeller powered airplane unless, considering the wind and other weather condi tions expected, it has enough fuel –

1. To fly to and land at the air port to which it is released; 2. Thereafter, to fly to an d land at the most distant alternate airport specified in the flight release; and 3. Thereafter, to fly for 45 minutes at normal cruising f uel consumption

Section 121.645(e) provides, in pertinent part, that the fuel requirements of §121.643 apply to air carriers conducting su pplemental operati ons within the 48 contiguous States and the Distr ict of Columbia with a tu rbine powered airplane.

Discussion

The request for renewal of the Exem ption is supported by the same statements and justifications t hat justified its original grant. Specifically, Xtra Airways offers in support of this Peti tion for Exemption Renewal and stated in applicable part:

Xtra Airways believes that the Exemption and the conditions attached thereto afford an equivalent or greater level of safety to that provided for in FAR sections 121.623(a) and (d ), 121.643 and 121.645(e).

As required by the Exemption, Xtra has already amended its operations specifications to comply with the portions of Part 121 applicable to domestic air carrier operations.

Xtra already ensures that its aircra ft dispatchers hold aircraft dispatcher

certificates issued under subpart C of part 65 and ar e properly qualified under part 121, subpart P, before permitting t hose persons to serve in Xtra’s operations.

Xtra Airways maintains a superio r operations center, FAA licensed dispatchers, and advanced fli ght following equipment.3 Xtra Airways flight following syst em is enhanced by the computers, weather, and radar systems it uses. In addition, Xtra Airways maintains the capability of coast to coast two-way commu nications with its aircraft (ARINC) as well as the ability to continuously co mmunicate changing weather patterns to airborne flight crews.

The Operations Coordination Center unites the various components of the Xtra Airways flight following system. It houses the aircraft dispatchers, crew schedulers, planners, and other suppor t groups including maintenance controllers, quality control, and advanced electronic aids. The dispatchers have dedicated workstations designed to provide a high level of flight safety. Xtra Airways flight planning system allows dis patchers to generate computer flight plans accurately illustrating route and fuel requirements throughout the United States. This flight planning system affo rds Xtra Airways extreme accuracy in its

calculation of fuel burn rates.

Unlike other airlines, Xtra Airways has a low dispatcher-to-flight ratio. Within the industry, it is not uncommon for one dispatcher to moni tor thirty to forty flights. At Xtra Airways, the ratio of dispatchers to f lights is approximately one to six. This ratio greatly enhances flight sa fety. In addition, the vast portion of briefings between flight crews and dis patchers about planned route, fuel and flight weather conditions are augmented by direct telephone communications.

Public Benefits

The existing requirements for suppl emental operators require that an alternate airport be designated for each f light, regardless of the forecast and existing weather conditions. When the weat her conditions are at least 2,000 foot ceiling and 3 miles visibility, this results in a larger than necessary fuel load for a supplemental operation. T hese larger than necessary fuel loads equate to money lost by Xtra Airways in a time when the airline industry does not need to lose any additional revenue.

Obviously, burning fuel to carry fuel needlessly cont ributes to the depletion

of vital natural resources. In addition to the fuel conservation, the reduced fuel burn substantially reduces in direct pr oportion the amount of pollutant gases emitted into the troposphere, and the am ount of carbon dioxide and water vapor emitted into the atmosphere, thereby reducing the impact on global warming as

well.

The increased fuel load requirement may also necessitate an otherwise unnecessary stop enroute for fuel, as the flight may not be capable of operating

the route with the increased fuel rese rve and increased fuel consumption—a situation which routinely occurs in the course of Xtra’s operations.4 Enroute stops negatively affect the fuel required to reach the final destination. An enroute stop increases the exposure to unnecessary delay and

inconvenience while addi ng unwanted congestion to the already overcrowded

low-altitude strata.

Enroute stops unnecessarily expose the travelling public to the more dangerous takeoff, landing and taxiing phases of flight which is not in the public

interest.

Enroute stops also have an adverse effe ct of crewmember flight and duty time and subsequent schedules, with a result that more of the public is adversely affected by a single event.

Safety Impact

An equivalent level of safety is pr ovided by granting this petition and providing an alternative means of regul atory compliance. Given the current operational practices and capability of Xtra Airways, continued substitution of the requirements of §121.619 and §121.639 as they pertain to domestic operation for the current supplemental rules would main tain the same level of safety as required for an air carrier exercising it s authority under §119.21(a)(1). Further, two years of operations under the Ex emption demonstrate that granting a renewal of the Exemption would not adverse ly affect safety and would be in the public interest.

Request for Waiver

Xtra Airways hereby requests waiver fo r publication of this petition in the Federal Register. This petition does not seek to establish a precedent, but merely would continue an acc epted and established practice.

Furthermore, precedent already exists for waiver from publication. The same request was granted to Xtra Airways in the initial grant of the Exemption. Similar requests have also been granted to other Part 121 Supplemental operators, three of these being Southwest Airlines Exemption 8238, Federal Express Exemption 7608 and 7608(a), and Midwest Airlines, Inc. Exemption 8444 and 8444(a).

* * *5 ACCORDINGLY, TEM Enterprises d/b/ a Xtra Airways requests that the aforementioned Exemption be renewed for a period of two year s, and that the FAA grant any other and further re lief that it may deem necessary.

Respectfully submitted,

Mark W. Atwood

Joshua P. Weinshank Sher & Blackwell, LLP 1850 M Street, NW Washington, DC 20036

Dated: April 5, 2010