AFS-12-382-E June 1, 2012

Exemption No. 9706B Regulatory Docket No. FAA-2008-0587

Mr. Mark W. Atwood Counsel for TEM Enterprises d.b.a. Xtra Airways 1850 M Street, NW., Suite 900 Washington, DC 20036

Dear Mr. Atwood:

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 dated May 15, 2012, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of TEM Enterprises d.b.a. Xtra Airways (X tra Airways) for an extension of Exemption No. 9706. That exemption from §§ 121.623(a) and (d), 121.643, and 121.645(e) of Title 14, Code of Federal Regulations 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.2

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 9706 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. 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.

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

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.3

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 9706 to June 30, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards
Service