AFS-16-11905-E

June 30, 2016

 Exemption No. 9706D

 Regulatory Docket No. FAA-2008-0587

Mr. Michael Gray

Director of Operations

TEM Enterprises d.b.a Xtra Airways

121 Alhambra Plaza, 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, describes its effect, and lists the 

conditions and limitations.

The Basis for Our Decision

By letter posted 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 exemption 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 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.

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 Xtra Airways.
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Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9706, 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. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, TEM Enterprises d.b.a Xtra Airways is granted an

extension to Exemption No. 9706, as amended, 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. Part 121, subpart E: All sections;

b. Part 121, subpart G: Section 121.135;

c. Part 121, subpart M: Sections 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, 121.637, 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 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. Xtra Airways must conduct its supplemental operations under this exemption—

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

2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service