AFS-12-447-E 

July 31, 2012 

 Exemption No. 9736B 

 Regulatory Docket No. FAA-2008-0588 

Mark W. Atwood, Esq. 

Counsel for TEM Enterprises d.b.a. Xtra Airways 

Sher & Blackwell, LLP. 

1850 M Street, NW. 

Washington, DC 20036 

Dear Mr. Atwood: 

This letter is to inform you that we have granted your petition to extend Exemption No. 9736, 

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 June 19, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of TEM Enterprises d.b.a. Xtra Airways (Xtra Airways) for an extension of Exemption 

No. 9736, as amended. That exemption from § 61.3(a) and (c) of Title 14, Code of Federal 

Regulations allows Xtra Airways to establish special procedures for issuing to its pilot flight 

crewmembers, on a temporary basis, confirmation of any required pilot and medical 

certificate and photo ID, based on information in Xtra Airways’ approved record system. 

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.
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Our Decision 

The FAA has amended some of the conditions and limitations to update the exemption to 

reflect new capabilities of FAA Airman Services. While the relief granted does not change 

substantially, the petitioner should review the new text. 

The FAA has determined that the justification for the issuance of Exemption No. 9736, 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. 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. This exemption is issued for the purpose of preventing cancellation of scheduled air 

carrier flights in situations where a pilot flight crewmember’s FAA pilot certificate, 

FAA medical certificate, and/or photo identification are valid but physically 

unavailable. The privileges of this exemption are intended for situations where pilots 

have no access to airman services at the faa.gov website for receiving via FAX or 

internet download FAA-issued documents containing temporary authority to exercise 

certificate privileges. 

2. This exemption allows Xtra Airways to develop and issue to a pilot flight 

crewmember a document confirming his/her FAA-issued pilot and medical 

certification. The document issued by Xtra Airways must be in the pilot flight 

crewmember’s physical possession when exercising the privileges of the exemption 

and must contain the following information: 

a. The pilot flight crewmember’s certification information from his/her pilot and 

medical certificates. 

b. The exact text or a photocopy of this exemption. 

c. The Xtra Airways confirmation document must include the following 

statements: 

i. “Issued under the authority of Exemption No. 9736.” 

ii. “Expires [insert date/time 72 hours after issuance].” 

iii. “The privileges of this exemption may be exercised only for flights 

within the District of Columbia and the 48 contiguous United States. 

iv. “The privileges of this exemption may only be exercised for scheduled 

air carrier flights. The privileges of this exemption may not be 

exercised for operations under Part 91, Part 91 Subpart K, or for 

unscheduled flights operated under Part 135.” 

3. Before conducting operations under this exemption, Xtra Airways must receive 

approval from its FAA principal operations inspector (POI) for the procedures Xtra 

Airways expects to employ in issuing a confirmation document to pilot flight 

crewmembers who do not have in their personal possession the required pilot and/or 
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medical certificate or photo identification. These procedures must include a method to 

ensure positive identification of the pilot flight crewmember when the pilot no longer 

has photo identification. 

4. Each pilot flight crewmember who operates a flight under this exemption must: 

a. As soon as practicable, obtain from airman services at the faa.gov website a 

document containing temporary authority to exercise certificate privileges. 

b. If the pilot flight crewmemember’s FAA pilot and medical certificate are 

permanently lost or destroyed, the pilot flight crewmember must comply with 

the requirements of § 61.29 and ensure a request for replacement certificate 

from the FAA is made within 72 hours of the initiation of any flight conducted 

under this exemption. Xtra Airways is authorized to make this application to 

the FAA on behalf of the pilot flight crewmember.

c. The pilot flight crewmember must provide a copy of FAA-issued documents 

containing temporary authority to exercise certificate privileges to Xtra 

Airways within 24 hours of the receipt of that document.

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9736, as amended, to 

August 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service