AFS-10-225-E 

April 29, 2010 

 Exemption No. 9736A 

 Regulatory Docket No. FAA-2008-0588 

Mark W. Atwood, Esq. 

Counsel for TEM Enterprises d.b.a. Xtra Airways 

Sher & Blackwell, LLP. 

1850 M Street, NW. 

Washington, DC 20036 

Dear Mr. Atwood: 

This letter is to inform you that we have granted your petition to extend Exemption No. 9736. 

It explains the basis for our decision, describes its effect, and lists the conditions and 

limitations. 

The Basis for Our Decision 

By letter dated April 5, 2010, 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. 9736. That exemption from § 61.3(a) and (c) of Title 14, Code of Federal Regulations 

allows Xtra Airways pilots to carry written confirmation of FAA-issued pilot or medical 

certificates provided by Xtra Airways based on information in Xtra Airways’s approved 

record system. 

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. 9736 

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

authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has 

delegated to me, I grant your petition, subject to the following conditions and limitations. 

Conditions and Limitations 

1. Before conducting operations under this exemption, Xtra Airways must develop, 

submit to, and have approved by its FAA principal operations inspector (POI) a 

plan outlining the procedures it expects to employ in issuing a temporary 

confirmation document to pilot flight crewmembers who do not have in their 

personal possession the airman or medical certificate required under the 

regulations for a particular flight. 

2. Xtra Airways’s procedures, as specified in Condition No. 1, must include a method 

to ensure positive identification of the pilot flight crewmember when the pilot 

flight crewmember no longer has any identification.

3. Each pilot flight crewmember who operates a flight under this exemption must 

comply with § 61.29(c) and ensure a request for a facsimile from the FAA 

confirming the applicable certificate is made within 72 hours of the initiation of 

any flight conducted under this exemption. Xtra Airways is authorized to make 

this application to the FAA on behalf of the pilot flight crewmember. The pilot 

flight crewmember must provide a copy of the facsimile to Xtra Airways within 24 

hours of the receipt of that facsimile. 

4. Xtra Airways confirmation document must include the written words, “Issued 

under the authority of Exemption No. 9736.” 
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5. The privileges of this exemption may be exercised only when the affected pilot 

flight crewmember operates totally within the District of Columbia and the 

contiguous United States. The privileges of this exemption may not be exercised 

in Alaska or Hawaii. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9736 to August 31, 2012, unless 

sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 9736 remain the same. This letter must be 

attached to, and is a part of, Exemption No. 9736. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service