AFS-16-8271-E 

## Corrected Copy

October 7, 2016 Exemption No. 16740 Regulatory Docket No. FAA-2006-26027

Mr. Jim W. Colburn Director of Operations Frontier Airlines, Inc.

7001 Tower Road Denver, CO 80249

Dear Mr. Colburn:

This letter corrects the May 24, 2016, letter we sent granting your petition for Exemption No. 16740. The Conditions and Limitations have been updated to ensure consistency with those of similar exemptions granted to part 121 certificate holders.

The updates include renumbering the Conditions and Limitations and changing the language in Condition and Limitation 3(b) and 4. The Conditions and Limitations were changed as follows: Condition and Limitation No. 2 is now 2(a)(b)(c) and 3. Condition and Limitation No. 3 was changed to 4, and No. 3(b) is now 4(b) and was changed to include the methods the operator will use to ensure a copy of this exemption and the operations specifications authorizing its use are transmitted to the affected aircraft. Condition and Limitation No. 4 was changed to 5 and removes the language requiring the operator to file a written consent document with the Certificate Holding Distri ct Office (CHDO) if the operator is not the registered owner of the aircraft. Condition and Limitation Nos. 5 and 6 were changed to 6 and 7 consecutively.

This amended exemption (No. 16740) includes the aforementioned changes, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. We have made the correction in our records as of September 9, 2016.

The Basis for Our Decision

By letter dated December 14, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Frontier Airlines, Inc. (Frontier) for an exemption from §§ 47.49 and 91.203(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Frontier to operate its U.S.– registered aircraft in domestic airline2

operations without the aircraft registration or the airworthiness certificate on board the

aircraft.

The FAA determined that good cause existed for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Frontier.

Although you requested an extension of Exemption No. 10183, as amended, that exemption expired on January 31, 2016. Therefore, we issuied Frontier a new exemption on May 24,

2016.

The FAA subsequently reviewed Frontier’s petition against active exemptions authorizing similar relief for other part 121 certificate holders and discovered that there were inconsistencies in the regulations cited. In order to create consistency among these exemptions, the FAA is amending the exemptions as necessary to ensure that they contain the appropriate regulatory references.

The FAA finds that relief from § 47.49 is unnecessary because, under the provisions of an approved program authorized by this exemption, an air carrier would no longer need to request a temporary certificate under § 47.49 to operate an aircraft immediately. Thus, an exemption from § 47.49 is not being granted since, under the circumstances, exemption from that section is not necessary in fulfilling the objectives of the petitioner.

In addition, the FAA has determined that Frontier requires an exemption from § 121.153(a)(1) to operate under part 121 and has added it to this grant of exemption.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10183, as amended, and Grant of Exemption No. 8100 (copies enclosed) the FAA found that an equivalent level of safety can be met, provided that the petitioner follows the conditions and limitations listed below.

Having reviewed your reasons for requesting an exemption, I find that:

 They are similar in all material respects to relief previously requested in the enclosed Grants of Exemption No. 10183 and No. 8100;

 The reasons stated by the FAA for granting the enclosed Grants of Exemption No. 10183

and No. 8100 also apply to the situation you present; and

 For the reasons stated in Grants of Exemption No. 10183 and No. 8100, a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Frontier Airlines, Inc. (Frontier) an3

exemption from 14 CFR §§ 91.203(a) and (b) and 121.153(a)(1) to the extent necessary to allow Frontier to operate its U.S.–registered aircraft in domestic airline operations without the aircraft registration or the airworthiness certificate on board the aircraft, subject to the

conditions and limitations described below.

Conditions and Limitations

1. Frontier, before utilizing this exemption, must apply for, and receive from the FAA district office responsible for its air carrier certificate an amendment to its operations specifications authorizing it to exercise the privileges of this exemption.

2. Frontier, before utilizing the provisions of this exemption, must develop a comprehensive program that:

a. Provides for continued operation of the aircraft through use of an appropriate entry in the aircraft logbook when the certificate of registration or airworthiness for such aircraft is lost, stolen, or mutilated;

b. Ensures that timely application is made to the FAA for a replacement certificate in accordance with § 47.49; and

c. Provides for the temporary operation of the aircraft during the interim required to receive a replacement certificate from the FAA and install it on the affected

aircraft.

3. This program must be FAA approved, and instructions for its use shall be included in the air carrier’s manual required by § 121.133.

4. The comprehensive program specified in Condition and Limitation No. 2 must

contain:

a. A requirement that the following statement be entered into the appropriate section of the aircraft logbook whenever this exemption is to be utilized:

“This aircraft is being operated without a certificate of registration (or airworthiness, as applicable) under the provisions of Exemption No. xxxx for a period of 3 days, not including weekends or Federal holidays, following the start of the next business day beginning:

Time___________ Date___________ 20______.”

The signature, title, and station location of the person(s) authorized by Condition/Limitation No. 4(b) shall be affixed to this statement;4

b. An identification of the designated person or persons within Frontier’s maintenance organization authorized to enter the statement outlined in Condition and Limitation No. 4(a) and the method or methods wherein the documents required under Condition and Limitation No. 6 will be transmitted to the affected aircraft;

c. An arrangement whereby those persons within the Frontier organization responsible for certificates of registration and airworthiness will maintain a

current record of the data from the certifi cates of each aircraft within its fleet which may be affected by the exemption. The data must be made readily available to the designated person or persons within Frontier’s maintenance organization identified pursuant to Condition/Limitation No. 4(b) and must be kept current at all times;

d. Procedures to ensure that the FAA principal maintenance inspector (PMI) with responsibility for Frontier is immediately notified of a missing or mutilated certificate and that timely application is made to the FAA for a replacement certificate (in the case of an airworthin ess certificate) or a duplicate certificate (in the case of a registration certificate); and

e. Procedures which will describe specific duties and responsibilities by job title.

5. The privileges of this exemption may only be exercised by Frontier for temporary replacement of a lost, stolen, or mutilated certificate that is current and in effect and only applies to U.S.-registered aircraft listed in Frontier’s FAA-approved operations specifications.

6. A copy of this exemption and a copy of the operations specifications authorizing its use must be carried on board the aircraft when exercising the privileges of this exemption.

7. The privileges of this exemption may only be exercised when the affected aircraft is operating totally within the contiguous 48 states of the United States and the

District of Columbia.5

This exemption terminates on May 31, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo Deputy Director, Flight Standards Service

Enclosures Exemption No. 10183A and No. 8100