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BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

 

Petition of ) 

 ) 

 TEM Enterprises d/b/a Xtra Airways ) Exemption No. 9706A 

 ) 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 was renewed on April 29, 2010. It is set 

to expire on June 30, 2012. The Exemption permits the Petitioner, subject to 

certain limitations, to conduct its supplemental operations within 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 requirements cited 

above. 

Specifically, under the Exemption, Xtra Airways is permitted to conduct 

operations without listing an alternate airport when the weather reports, 

forecasts, or any combination thereof, indicate that the ceiling will be at least 

2,000 feet above the airport elevation 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. 
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Exemption 9706A has proved to be a useful device that benefits the 

commercial aviation industry and the flying public, as well as Xtra in particular, 

and there has been no change in the underlying circumstances or reasons that 

justified granting the Exemption. For these reasons, it should be extended. 

FAR’s Affected 

Section 121.623(a) provides, in pertinent 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 pertinent 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 turbopropeller powered airplane unless, 

considering the wind and other weather conditions expected, it has enough fuel – 

1. To fly to and land at the airport to which it is released; 

2. Thereafter, to fly to and land at the most distant alternate airport specified 

in the flight release; and 

3. Thereafter, to fly for 45 minutes at normal cruising fuel consumption 

Section 121.645(e) provides, in pertinent part, that the fuel requirements of 

§121.643 apply to air carriers conducting supplemental operations within the 48 

contiguous States and the District of Columbia with a turbine powered airplane. 

Discussion 

The request for renewal of the Exemption is supported by the same 

statements and justifications that justified its original grant and its subsequent 

renewal. Specifically, Xtra Airways offers in support of this Petition 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 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 Xtra’s 

operations. 
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Xtra Airways maintains a superior operations center, FAA licensed 

dispatchers, and advanced flight following equipment. 

In addition, the Exemption allows Xtra to achieve significant efficiencies in 

its operations resulting in estimated savings exceeding $100,000.00 per year. 

Public Benefits 

The existing requirements for supplemental operators require that an 

alternate airport be designated for each flight, regardless of the forecast and 

existing weather conditions. When the weather 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. These 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 contributes to the depletion 

of vital natural resources. In addition to the fuel conservation, the reduced fuel 

burn substantially reduces in direct proportion the amount of pollutant gases 

emitted into the troposphere, and the amount 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 reserve and increased fuel consumption—a 

situation which routinely occurs in the course of Xtra’s operations. 

Enroute stops negatively affect the fuel required to reach the final 

destination. An enroute stop increases the exposure to unnecessary delay and 

inconvenience while adding 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 effect 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 provided by granting this petition and 

providing an alternative means of regulatory compliance. Given the current 

operational practices and capability of Xtra Airways, continued substitution of the 
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requirements of §121.619 and §121.639 as they pertain to domestic operation for 

the current supplemental rules would maintain the same level of safety as 

required for an air carrier exercising its authority under §119.21(a)(1). Further, 

two years of operations under the Exemption demonstrate that granting a 

renewal of the Exemption would not adversely affect safety and would be in the 

public interest. 

Request for Waiver 

Xtra Airways hereby requests waiver for publication of this petition in the 

Federal Register. This petition does not seek to establish a precedent, but 

merely would continue an accepted 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 

and subsequent renewal thereof. 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). 

* * * 

ACCORDINGLY, TEM Enterprises d/b/a Xtra Airways requests that the 

aforementioned Exemption be renewed for a period of two years, and that the 

FAA grant any other and further relief that it may deem necessary. 

 Respectfully submitted, 

 

 Mark W. Atwood 

 Joshua P. Stein 

 Cozen O’Connor 

 1627 I Street NW, Suite 1000 

 Washington, DC 20006 

 Counsel for TEM Enterprises, 

 d/b/a Xtra Airways 

Dated: May 15, 2012