AFS

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- 11905

- E June 30, 2016

Exemption No. 9706D Regulatory Docket No. FAA

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- 0587

Mr. Michael Gray Director of Operations TEM Enterprises d

. b

. a Xtra Airways

121 Alhambra Pl aza, Suite 1700 Coral Gables, FL 33134

Dear Mr. Gray :

This letter is to inform you that we have granted your petition to extend Exemption

No. 9706 , as amended. It explains the basis for our decision , desc ribes its effect, and lists the

conditions and limitations.

The Basis for Our Decision

By letter post ed June 1, 2016 , you petitioned the Federal Aviation Administration (FAA) on

behalf of TEM Enterprises d

. b

. a Xtra Airways ( Xtra Airways ) for an extension of Exemption

No. 9706 , as amended. That exempt ion from §§ 121.623(a) and (d), 121.643, and 121.645(e) of Title 14, Code of Federal Regulations (14 CFR) allows Xtra Airways to conduct its supplemental operations within the 48 contiguous United States and the District of Columbia using the flight regula tions for the 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

relativ e 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 wo uld not set a precedent, and any delay in acting on this petition would be detrimental to Xtra Airways

.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9706, as amended, remains valid with respect to this exemp tion and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113

, and 44701, which the FAA Administrator has delegat ed to me, TEM Enterprises d

. b

. a Xtra Airways is granted an

extension to Exemption No. 9706, as ame nded, from 14 CFR §§ 121.623(a) and (d), 121.643, and 121.645(e) which allows Xtra Airways to conduct its supplemental operations within the 48 contiguous United States and the District of Columbia using the flight regulations for the alternate airports as required by § 121.619 and fuel reserve requirements as required by § 121.639 that are applicable to domestic operations , subject to the following conditions and

limitations.

Conditions and Limitations

1. Prior to initiating operations under this exemption, Xtra Airways must amend its operations specifications to comply with the regulations applicable to domestic air carrier operations that are listed below

—

a. Par t 121, subpart E: All sections;

b. Part 1 21, subpart G: Section 121.135;

c. Part 121, subpart M: Secti ons 121.385 and 121 .395;

d. Part 121, subpart P: All sections;

e. Part 121, subpart T: Sections 121.533, 121.541, 121.551, 121.555, 121.557, and 121.569;

f. Part 121, subpart U: Sections 121.593, 121.599, 121.601, 121.607, 121.619, 121.627, 121.635, 121.63 7, 121.639, 121.659 , and 121.633; and

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

121.711.

2. Xtra Airways must ensure that its aircraft dispatchers hold aircraft dispat cher

certificates issued under S ubpart C of part 65 and are pro perly qualified under
part 121, S ubpart P, before permitting those persons to serve in operations conducted under this exemption.

3. Xtra Airways must conduct its supplemental operations under this exemption

—

a. Within the 48 contiguous United States and the District of Columbia; and3

b. Except as required in § 121.637 for unlisted airports, or to, from, or between those regular, provisional, refueling, and alternative 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.

Our decision extends the termination date of Exemption No. 9706, as amended, to June 30,

201 8

, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service