AFS-11-227-E April 29, 2011

Exemption No. 10253 Regulatory Docket No. FAA-2011-0269

Mr. Sean Landram Director of Quality Allegiant Air, LLC 8360 S. Durango Drive Las Vegas, NV 89113

Dear Mr. Landram:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated March 16, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Allegiant Air, LLC (Allegiant) 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 Allegiant to operate its aircraft on a temporary basis following the incidental loss or mutilation of a certificate of airworthiness, aircraft registration certificate, or both. Additionally, the FAA determined that Allegiant requires an exemption from § 121.153(a)(1) to operate under part 121.

The FAA has determined that good cause exists 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 Allegiant.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption Nos. 5318 and 8100 (copies enclosed), the FAA recognized that the loss of an aircraft’s airworthiness and/or registration certificate presents a unique problem to operators that use their aircraft in revenue service.

The FAA noted that when an aircraft’s airworth iness and/or registration certificate is missing2

or mutilated, it renders the aircraft unusable, sometimes resulting in a substantial inconvenience to the public. The FAA determined that under the provisions of those exemptions, an operator would no longer need to request a temporary certificate under § 47.49 to operate an aircraft immediately; th erefore, the FAA found that relief from § 47.49 is unnecessary.

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 Grant of Exemption Nos. 5318 and 8100;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 5318 and 8100 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Allegiant Air, LLC an exemption from 14 CFR §§ 91.203(a) and (b) and 121.153(a)(1) to the extent necessary to allow Allegiant to operate its U.S.-registered aircraft in domestic operations temporarily following the incidental loss or mutilation of that aircraft’s airworthiness certificate, registration certificate, or both, subject to

the conditions and limitations described below.

Conditions and Limitations

1. Allegiant must apply for and receive from the Las Vegas Flight Standards District Office (FSDO) an amendment to its operations specifications authorizing it to exercise the privileges of this exemption.

2. Allegiant must develop a comprehensive program that provides for continued operation of its aircraft through the use of an appropriate entry in the aircraft logbook when the airworthiness certificate or registration certificate is lost, stolen, or mutilated; ensure that timely application is made to the FAA for a replacement certificate; and provide 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. This program must be FAA-approved, and instructions for its use shall be included in the air carrier’s manual as required by 14 CFR § 121.133.

3. The comprehensive program specified in paragraph 2 above 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 used:

“This aircraft is being operated without a certificate of registration (or airworthiness, as applicable) under the provisions of Exemption No. ____ for a period of 3 working days, not including weekends or Federal holidays,3

following the start of the next business day, beginning: TIME: _____
DATE:_____ 20__”

The signature, title, and station location of the person(s) authorized by paragraph b shall be affixed to this statement;

b. An identification of the designated person(s) within Allegiant’s maintenance organization authorized to enter the statement outlined in paragraph 3a and the method or methods wherein the documents required under paragraph 5 below will be transmitted to the affected aircraft;

c. An arrangement whereby those persons within Allegiant’s organization responsible for certificates of airworthiness and registration maintain current

record of the data from the certificates of each aircraft within its fleet that may be affected by the exemption. These data must be made readily available to that element within Allegiant’s maintenance organization identified in paragraph 3b and must be kept current at all times;

d. Procedures to ensure that the FAA principal maintenance inspector with responsibility for Allegiant 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 airworthiness certificate) or a duplicate certificate (in the case of a registration certificate); and

e. Procedures that would describe specific duties and responsibilities by job title.

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

5. A copy of the grant of exemption and a copy of the operations specifications authorizing its use must be carried on board the aircraft when exercising the privileges of the exemption.4

6. The privileges of the exemption may only be exercised when the affected aircraft is operated totally within the contiguous United States and the District of

Columbia.

This exemption terminates on April 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosures