AFS-11-061-E Dec 20 2010 Exemption No. 10183 Regulatory Docket No. FAA-2006-26027

Mr. Jim Colburn Director of Operations

Frontier Airlines 8909 Purdue Road, Suite 300 Indianapolis, IN 46268

Dear Mr. Colburn:

This letter is to inform you that we have granted your petition to extend Exemption No. 8795, as amended. It explains the basis for our decision and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated November 24, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Frontier Airlines (Frontie r) for an extension of Exemption No. 8795, as amended. That exemption from §§ 91.203(a) and (b) and 47.49 of Title 14, Code of Federal Regulations (14 CFR) allows Frontier temporar y operation of U.S.-registered aircraft in domestic airline operations without the regist ration or airworthiness certificates on board. That exemption, however, expired on October 31, 2010; therefore, we will treat your request as a new petition.

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 Frontier.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6019 (copy enclosed), the FAA found that the loss of aircraft registration and/ or airworthiness certificates presents a unique problem to those operators that utilize their aircraft in revenue service.2

Currently, when an air carrier’s aircraft certifi cate of registration or airworthiness is missing or mutilated, it renders the aircraft unusable, sometimes resulting in substantial inconvenience to the public.

Under circumstances in which the petitioner has petitioned for exemption from §§ 91.203(a) and (b) and 47.49, there would be no change in ownership nor the registration number of the aircraft nor would there be any change in the condition of the aircraft thereby preventing the aircraft from meeting the type certificate. Th e certificates for these aircraft have not been surrendered by the owner or operator nor have they been revoked or suspended by the FAA.Further, the maintenance status of the aircraft has remained current under the airline’s FAAapproved maintenance program, and the registration of the aircraft has been recorded on the airline’s FAA-approved operations specifications.

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

 they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 8795, 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.

Conditions and Limitations

1. Frontier, before utilizing the exemption, must apply for and receive from the 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 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; 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 required by 14 CFR §121.133.

3. The comprehensive program specified in paragraph 2 must contain:3

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. _____ for a period of 3 days 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 or persons within the air carrier’s maintenance organization authorized to enter the statement outlined in paragraph 3(a) and the method or methods wherein the documents required under paragraph 5 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 effected by the exemption. The data must be made readily available to the elements within Frontier’s maintenance organization identified in paragraph 3(b) and must be kept current at all times.

d. Procedures to ensure that the FAA principal maintenance inspector 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 registration certificate).

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

4. The privileges of this exemption may only be exercised by Frontier for temporary replacement of a missing and mutilated certificate which is current and in effect and only applies to U.S.-registered aircraft listed in Frontier’s FAA-approved operations specifications. Where Frontier is not the registered owner authorizing the use of the program allowed by this exemption, Frontier must file a copy of the written consent document with the FAA certificate-holding dist rict office and must maintain a copy of

the consent document in its own files.

5. 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.4

6. 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.

The exemption terminates on December 31, 2013 unless sooner superseded or rescinded.

Sincerely,

Raymond Towles Acting Director, Flight Standards

Service