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 Adm inistration (FAA) on behalf of TEM Enterprises d.b.a. Xtra Airways (X tra 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 am ended 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 c ontaining 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/or3

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 term ination 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