AFS-16-13932-E

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 granted your petition to extend Exemption No. 9738, 

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 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), 121.643, 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 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 Sun Country.
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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, 

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

Administrator has delegated to me, Sun Country Airlines is granted an extension to its 

exemption from §§ 121.623(a) and (d), 121.643, 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, subject 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 carrier 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. Part 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 dispatchers hold aircraft dispatcher 

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

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

exemption.

3. Sun Country must conduct its supplemental operations under this exemption—

a. Within the 48 contiguous United States and the District of Columbia; and
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b. Except as required in § 121.637 for unlisted airports, or to, from, or between

those regular, provisional, refueling, and alternate 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.

The Effect of Our Decision

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

2018, unless sooner superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
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