AFS

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August 30, 2016

Exemption No. 9738D

Regulatory Docket No. FAA

- 2008

- 0814

Mr. Kevin Kaiser

Sr. Director Flight Operations

Sun Country Airlines

1300 Mendota Heights Road

Mendota Heights, MN 55120

Dear Mr. Kaiser :

This letter is to inform you that we have g ranted your petition to extend Exemption No. 9738

, as amended . It expl ains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Ba sis for Our Decision

By letter dated April 17, 2014 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Sun Country Airlines ( Sun Country ) for an extension of Exemption No. 9738 , as

amended . That exemption from §§ 121.623(a) and (d), 12 1.643, and 121.645(d) of Title 14,

Code of Federal Regulations allows Sun Country to conduct its supplemental operations

within the 48 contiguous United States and the District of Columbia using the flight

regulations for 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 ba sis 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 Sun Country.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9738 , as

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

u nder the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA

Administrator has delegat ed to me, Sun Country Airl ines is granted an extension to its

exemption from §§ 121.623(a) and (d), 121.64 3, and 121.645(d) to conduct supplemental

operations within the 48 contiguous United States and the District of Columbia using the

flight regulations for alternate airports as required by § 121.619 and fuel reserve requirements

as required by § 121.639 that are applicable to domestic operations , s ubject to the following

conditions and limitations.

Conditions and Limitations

1. Prior to initiating operations under this exemption, Sun Country must amend its

operations specifications to comply with the following regulations applicable to

domestic air c arrier operations

—

a. Part 121, subpart E: All sections ;

b. Part 121, subpart G: § 121.135 ;

c. Part 121, subpart M: §§ 121.385 and 121.395 ;

d. Part 121, subpart P: All sections ;

e. Part 121, subpart T: §§ 121.533, 121.541, 121.551, 121.555, 121.557, and

121.569 ;

f. Par t 121, subpart U: §§ 121.593, 121.599, 121.601, 121.607, 121.619

, 121.627, 121.635, 121.637, 121.639, 121.659, and 121.663 ; and

g. Part 121, subpart V: §§ 121.683, 121.685, 121.687, 121.695, and 121.711.

2. Sun Country must ensure that its aircraft dispatcher s hold aircraft dispatcher

certificates issued under part 65 , Subpart C and are properly qualified under part 121,

S ubpart P, before permitting those persons to serve in operations conducted under this

exemption.

3. Sun Country must conduct its supple mental operations under this exemption

—

a. Within the 48 contiguous United States and the District of Columbia; and3

b. Except as required in § 121.637 for unlisted airports, or to, from, or between

those regular, provisional, refueling, and alternate airports l isted 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.

The Effect of Our Decision

Our decision extends the termination date of Exe mption No. 9738 , as amended, to August 31,

201 8

, unless so oner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Fli ght Standards Service4