AFS-10-236-E May 10, 2010 Exemption No. 10064 Regulatory Docket No. FAA-2010-0408

Mr. James Carr

Vice President Allegiant Air 8360 South Durango Drive Las Vegas, NV 89113

Dear Mr. Carr:

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 April 2, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Allegiant Air for an exemption from §§ 121.623(a) and (d), 121.643, and 121.645(e) of Title 14, Code of Federal Regulations (14 CF R). That exemption, if granted, would permit Allegiant Air to conduct supplemental operations within the 48 contiguous United States and the District of Columbia using the flight regul ations for alternate airports as required by § 121.619 and the fuel reserve regulations as required by § 121.639 that are applicable to domestic operations.

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 Air.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Partial Grant of Exemption No. 5307, as amended (copy enclosed), the FAA noted that when a domestic air carrier initiates a flight without designating an alternate, its dispatcher, a certificated airman, is required to monitor the2

weather and other events that could change and prevent a safe completion of that flight. Should such an occurrence arise, the regulations require the dispatcher to relay this occurrence rapidly to the flightcrew and provide them with information to complete the flight safely. The FAA further noted that there ar e no such requirements for flights conducted by a supplemental air carrier.

The FAA agreed with the previous petitioners that significant fuel savings would result if the air carriers were granted an exemption from the requirement to carry enough fuel to fly to an alternate airport when the weather conditions were such that, under the domestic regulations of part 121, alternate airport fuel would not be required to be carried.

After careful consideration of the facts and circumstances of the previous petitions, the FAA found that an exemption providing relief from the fuel supply and alternate airport requirements applicable to supplemental air carriers would not adversely affect safety because the fuel supply, dispatch system, flight time limitations, and crew rest requirements applicable to domestic air carriers would be established in their place.

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

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 an exemption from 14 CFR §§ 121.623(a) and (d), 121.643, and 121.645(e) to the extent necessary to allow Allegiant Air to conduct its supplemental operations within the 48 contiguous United States and the District of Columbia using the flight regulations for alternate airports as required by § 121.619 and fuel reserve requirements as required by § 121.639 that are applicable to domestic operations, subject to

the conditions and limitations described below.

Conditions and Limitations

1. Prior to initiating operations under this exemption, Allegiant Air must amend its operations specifications to comply with the following regulations applicable to domestic air carrier operations:

(a) Part 121, subpart E: All sections;

(b) Part 121, subpart G: § 121.135;

(c) Part 121, subpart M: §§ 121.385 and 121.395;

(d) Part 121, subpart P: All sections;3

(e) Part 121, subpart T: §§ 121.533, 121.541, 121.551, 121.555, 121.557, and 121.569;

(f) Part 121, subpart U: §§ 121.593, 121.599, 121.601, 121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659, and 121.663; and

(g) Part 121, subpart V: §§ 121.683, 121.685, 121.687, 121.695, and 121.711.

2. Allegiant Air must ensure that its aircraft dispatchers hold aircraft dispatcher certificates issued under subpart C of part 65 and are properly qualified under part 121, subpart P, before permitting those persons to serve in operations conducted under this exemption.

3. Allegiant Air must conduct its supplemental operations under this exemption--

(a) Within the 48 contiguous United States and the District of Columbia; and

(b) Except as required in § 121.637 for unlisted airports, or to, from, or between those regular, provisional, refueling, and alternate airports listed in its operations specifications or listed in a separate current listing, that listing is referenced in its operations specifications and is authorized by the

Administrator.

This exemption terminates on April 30, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure