AFS-10-225-E

April 29, 2010 Exemp tion No. 9736A Regul atory 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 y our petition to extend Exemption No. 9736. It explains the basis for our decision, describes i ts effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter dated April 5, 2010, you petitioned the F ederal 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 confirm ation of FAA-issued pilot or medical certificates provided by Xtra Airways based on info rmation 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 th e basis for granting the original exemption.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested extension of the exemption w ould 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 t he 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, wh ich 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 o perations inspector (POI) a plan outlining the procedures it expects to employ in issuing a temporary confirmation document to pilot flight crewmembers w ho do not have in their personal possession the airman or medical certifica te required under the regulations for a particular flight.

2. Xtra Airways’s procedures, as specified in Conditio n No. 1, must include a method to ensure positive identification of the pilot flig ht 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 f acsimile from the FAA confirming the applicable certificate is made withi n 72 hours of the initiation of any flight conducted under this exemption. Xtra Ai rways 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 facsim ile 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.”3

5. The privileges of this exemption may be exercised o nly when the affected pilot flight crewmember operates totally within the Distr ict of Columbia and the contiguous United States. The privileges of this e xemption may not be exercised

in Alaska or Hawaii.

The Effect of Our Decision

Our decision extends the termination date of Exempt ion No. 9736 to August 31, 2012, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 973 6 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