1 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 exemp tion 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 Airway s 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 4**  **8 contiguous United States and the District of Columb**  **ia using the flight regulations for alternate airport (§121.619) and fuel reserve r**  **equirements (§121.639) that are applicable to domestic operations rather than suppl**  **emental requirements cited**

**above.**

**Specifically, under the Exemption, Xtra Airways is permitted to conduct**  **operations without listing an alternate airport whe n the weather reports,**  **forecasts, or any combination thereof, indicate tha t the ceiling will be at least**  **2,000 feet above the airport elevation and the visi bility will be at least three (3)**  **miles for a period of one hour before to one hour a fter the estimated time of** 

**arrival.**2 **Exemption 9706A has proved to be a useful device th at benefits the**  **commercial aviation industry and the flying public, as well as Xtra in particular,**  **and there has been no change in the underlying circ umstances or reasons that**  **justified granting the Exemption. For these reason s, it should be extended.** 

**FAR’s Affected**

**Section 121.623(a) provides, in pertinent part, tha t each person releasing**  **an aircraft for operation under IFR shall list at l east one alternate airport for each**  **destination airport in the flight release.**

**Section 121.623(d) provides, in pertinent part, tha t no person may release**  **a flight unless he lists each alternate airport in the flight release.** 

**Section 121.643 provides, in pertinent part, that n o person may release for**  **flight or takeoff a nonturbine or turbopropeller po wered airplane unless,**  **considering the wind and other weather conditions e xpected, 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 dista nt alternate airport specified**  **in the flight release; and 3. Thereafter, to fly for 45 minutes at normal crui**  **sing fuel consumption**

**Section 121.645(e) provides, in pertinent part, tha t the fuel requirements of**  **§121.643 apply to air carriers conducting supplemen tal 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 support ed by the same**  **statements and justifications that justified its or iginal grant and its subsequent**  **renewal. Specifically, Xtra Airways offers in supp ort of this Petition for Exemption**  **Renewal and stated in applicable part:**

**Xtra Airways believes that the Exemption and the co nditions attached**  **thereto afford an equivalent or greater level of sa fety 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 amen ded 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 person s to serve in Xtra’s**  **operations.**3 **Xtra Airways maintains a superior operations center , FAA licensed**  **dispatchers, and advanced flight following equipmen t.** 

**In addition, the Exemption allows Xtra to achieve s ignificant efficiencies in**  **its operations resulting in estimated savings excee ding $100,000.00 per year.** 

**Public Benefits**

**The existing requirements for supplemental operator s require that an**  **alternate airport be designated for each flight, re gardless of the forecast and**  **existing weather conditions. When the weather cond itions are at least 2,000 foot**  **ceiling and 3 miles visibility, this results in a l arger than necessary fuel load for a**  **supplemental operation. These larger than necessar y fuel loads equate to**  **money lost by Xtra Airways in a time when the airli ne industry does not need to**  **lose any additional revenue.**

**Obviously, burning fuel to carry fuel needlessly co ntributes to the depletion** 

**of vital natural resources. In addition to the fue l conservation, the reduced fuel**  **burn substantially reduces in direct proportion the amount of pollutant gases**  **emitted into the troposphere, and the amount of car bon dioxide and water vapor**  **emitted into the atmosphere, thereby reducing the i mpact on global warming as** 

**well.**

**The increased fuel load requirement may also necess itate an otherwise**  **unnecessary stop enroute for fuel, as the flight ma y not be capable of operating** 

**the route with the increased fuel reserve and incre ased fuel consumption—a**  **situation which routinely occurs in the course of X tra’s operations.** 

**Enroute stops negatively affect the fuel required t o reach the final**  **destination. An enroute stop increases the exposur e to unnecessary delay and**  **inconvenience while adding unwanted congestion to t he already overcrowded** 

**low-altitude strata.**

**Enroute stops unnecessarily expose the travelling p ublic to the more**  **dangerous takeoff, landing and taxiing phases of fl ight which is not in the public** 

**interest.**

**Enroute stops also have an adverse effect of crewme mber flight and duty**  **time and subsequent schedules, with a result that m ore of the public is adversely**  **affected by a single event.**

**Safety Impact**

**An equivalent level of safety is provided by granti ng this petition and**  **providing an alternative means of regulatory compli ance. Given the current**  **operational practices and capability of Xtra Airway s, continued substitution of the** 4

**requirements of §121.619 and §121.639 as they perta in to domestic operation for**  **the current supplemental rules would maintain the s ame level of safety as**  **required for an air carrier exercising its authorit y under §119.21(a)(1). Further,**  **two years of operations under the Exemption demonst rate 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 e stablish a precedent, but**  **merely would continue an accepted and established p ractice.** 

**Furthermore, precedent already exists for waiver fr om publication. The**  **same request was granted to Xtra Airways in the ini tial grant of the Exemption**  **and subsequent renewal thereof. Similar requests h ave also been granted to**  **other Part 121 Supplemental operators, three of the se 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 req uests 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**