allegiant www.allegiantair.com 

8360 South Durango Drive • Las Vegas, NV 89113 

Piione: (702) 851-7300 • Fax: (702) 851-7301 

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April 2,2010 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W 12-140 

Washington, DC 20590 

Allegiant Air Petition for Exemption 

Summary 

Pursuant to the provision of Title 14 CFR §11.25, Allegiant Air hereby requests an 

exemption from the follovsdng sections of Title 14 CFR Part 121: 

§ 121.623(a) and (d); 

§121.643; and 

§121.645(e) 

The requested exemption would permit the Petitioner to conduct its supplemental 

operations within the 48 contiguous United States and the District of Colianbia using the 

flight regulations for alternate airport (§121.619) and fuel reserve requirements 

(§121.639) that are applicable to domestic operations rather than supplemental 

requirements citied above. 

Specifically, Allegiant Air would be permitted to conduct operations v^dthout listing an 

alternate airport when the weather reports, forecasts, or any combination thereof, indicate 

that the ceiling will be at least 2,000 feet above the airport elevation, and the visibility 

•www.allegiantair.comB 
will be at least three (3) miles for a period of one hour before to one hour after the 

estimated time of arrival. 

FAR's Affected 

§121.623(a) provides, in pertinent part, that each person releasing an aircraft for 

operation under IFR shall list at least one alternate airport for each destination airport in 

the flight release. 

§121.623(d) provides, in pertinent part, that no person may release a flight unless he lists 

each alternate airport in the flight release. 

§121.643 provides, in pertinent part, that no person may release for flight or takeoff a 

nonturbine or turbopropeller powered airplane unless, considering the wind and other 

weather conditions expected, it has enough fiiel -

1. To fly to and land at the airport to which it is released; 

2. Thereafter, to fly to and land at the most distant alternate airport specified in 

the flight release; and 

3. Thereafter, to fly for 45 minutes at normal cruising ftiel consumption 

§121.645(e) provides, in pertinent part, that the fuel requirements of §121.643 apply to 

air carriers conducting supplemental operations within the 48 contiguous States and the 

District of Columbia with a turbine powered airplane. 

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Allegiant Air, believes that granting this exemption affords an equivalent or greater level 

of safety to that provided for in FAR sections 121.623(a) and 121.623(d), 121.643, and 

121.645(d). Allegiant Air offers in support of this Petition for Exemption and stated in 

applicable part: 

Allegiant Air maintains a superior operations control center, FAA licensed dispatchers 

and advanced flight following equipment. 

Allegiant Air's flight following system is enhanced by the computers, weather, and radar 

systems it uses. In addition, Allegiant Air maintains the capability of coast to coast twoway communications with its aircraft as well as the ability to continuously communicate 

changing weather patterns to airborne flight crews. 

The Systems Operations Center unites the various components of the Allegiant Air's 

flight following system. It houses the aircraft dispatchers, crew schedulers, and other 

support groups including maintenance controllers and customer service coordinators, and 

advanced electronic aids. The dispatchers have specialized workstations designed to 

provide a high level of flight safety. Allegiant Air's flight planning system allows 

dispatchers to generate computer flight plans accurately illustrating route and fiael 

requirements throughout the United States. This flight planning system affords Allegiant 

Air extreme accuracy in its calculation of fuel bum rates. 

Unlike other airlines, Allegiant Air has a low dispatch-to-flight ratio. Within the industry, 

it is not uncommon for one dispatcher to monitor thirty to forty flights. At Allegiant Air, 

4/2/2010 
the ratio of dispatchers to flights is approximately one to fifteen. This ratio greatly 

enhances flight safety. 

Technical Data 

Allegiant Air conducts its Domestic operations within the 48 contiguous United States 

and the District of Coliunbia in compliance with the flight release (dispatch release) and 

fuel reserve rules for Domestic operations. Allegiant Air also conducts its Supplemental 

operations within the 48 contiguous States and the District of Columbia in compliance 

with the flight release (dispatch release) and fiiel reserve rules for Supplemental 

operations. This includes the requirement that the company list at least one alternate 

airport for each destination airport in the flight release. §121.645(e) makes the ftiel 

reserve requirements of §121.643 applicable to turbojet operations and require that no 

supplemental operator may release for flight or takeoff an airplane imless, considering the 

wind and other weather conditions excepted, it has enough fiiel 

1. To fly to and land at the airport to which it is released: 

2. Thereafter, to fly to and land at the most distant alternate airport specified in 

the flight release; and 

3. Thereafter, to fly for 45 minutes at normal cruising fiiel consumption 

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The rules cited that are applicable to Supplemental operations differ in certain key 

respects to similar dispatching requirements for operations conducted under Domestic 

operating authority. Specifically, §121.619 does not require an air carrier conducting 

operations under Domestic operating authority to list an alternate airport for a destination 

airport when the appropriate weather reports, forecasts, or any combination thereof, 

indicated: 

1. The ceiling will be at least 2,000 feet above the airport elevation; and 

2. Visibility will be at least 3 miles for at least 1 hour before and 1 hour after the 

estimated time of arrival at the destination airport. 

In addition, §121.639 requires that an air carrier conducting operations under Domestic 

operating authority have enough fuel -

1. To fly to the airport to which it is dispatched; 

2. Thereafter, to fly to and land at the most distant alternate airport (where 

required) for the airport to which dispatched; and 

3. Thereafter, to fly for 45 minutes at normal cruising fiiel consumption 

Public Benefits 

The existing requirements for supplemental operators require that an alternate airport be 

designated for each flight, regardless of the forecast and existing weather conditions. 

When the weather conditions are at least 2,000 foot ceiling and 3 miles visibility, this 

results in a larger than necessary fiiel load for a supplemental operation. These larger than 

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necessary fiiel loads equate to money lost by Allegiant Air in a time when the airline 

industry does not need to lose any additional revenue. Obviously, burning fiiel to carry 

fiiel needlessly contributes to the depletion of vital natural resources. 

The increased fiiel load requirement may also necessitate a stop enroute for ftiel, as the 

flight may not be capable of operating the route with the increased fiiel reserve and 

increased fuel consumption. Enroute stops also adversely affect the fuel required to reach 

a destination. An enroute stop increases the exposure to unnecessary delay and 

inconvenience, as well as an additional takeoff and landing. Enroute stops also have an 

adverse effect of crewmember flight and duty time and subsequent schedules, with a 

result that more of the public is adversely affected by a single event. In addition to the 

fuel conservation, the reduced fuel bum substantially reduces in direct proportion the 

amount of pollutant gases emitted into the troposphere, and the amount of carbon dioxide 

and water vapor emitted into the atmosphere, thereby reducing the impact on global 

warming as well. 

Safety Impact 

An equivalent level of safety is provided by granting this petition and providing an 

altemative means of regulatory compliance. Given the current operational practices and 

capability of Allegiant Air substitution of the requirements of §121.619 and §121.639 as 

they pertain to domestic operation for the current supplemental mies would maintain the 

same level of safety as required for an air carrier exercising its authority under 

§119.21(a)(1). 

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Request for Waiver 

Allegiant Air hereby requests waiver for publication of this petition in the Federal 

Register. The Following point supports this request: 

Precedents already exist for waiver from publication. Similar requests have been granted 

to other Part 121 Supplemental operators, three of these being Southwest Airlines 

Exemption 8238 thm 823 8C, Federal Express Exemption 7608 and 7608(a), and Midwest 

Airlines Exemption 8444 thm 8444B. 

Petition Summary 

Petitioner: Allegiant Air 

Regulation Affected: 14CFR 121.623(a) and 14CFR 121.623(d), 14CFR 121.643,14CFR 

121.645(d) 

Description of Relief Sought: 

Allegiant Air petitions for an exemption that would allow supplemental operations within 

the 48 contiguous states and the District of Columbia using the flight regulations for 

alternate airports as required by 14CFR 121.619 and the fuel reserve regulations required 

by 14CFR 121.639 that are applicable to domestic operations. 

Specifically, Allegiant Air would be permitted to conduct operations without listing an 

alternate airport when the weather reports, forecasts, or any combination thereof, indicate 

that the ceiling will be at least 2,000 feet and visibility will be at least 3 miles for a period 

1 hour prior to and one hour after the estimated time of arrival. 

Please advise if you require any additional information. 

James Carr 

VP Flight Operations 

Allegiant Air 

james.carr@allegiantair.com 

4/2/2010