800 Independence Ave., S.W. 

Washington, D.C. 20591 

June 14, 2010 

 Exemption No. 7370F 

 Regulatory Docket No. FAA-2002-13734 

Robert E. Cohn 

Counsel for Republic Airline Inc. d/b/a Midwest Airlines 

Hogan & Hartson LLP 

Columbia Square 

555 Thirteenth Street, N.W. 

Washington, DC 20004 

Dear Mr. Cohn: 

This letter is to inform you that the Federal Aviation Administration (FAA) has granted your 

petition to extend exemption number 7370, as amended, subject to the limitations expressed 

in this document. It explains the basis for the decision and describes its effect. 

The Basis for Our Decision 

By letter dated March 30, 2010, you petitioned the FAA on behalf of Republic Airline Inc. 

d/b/a Midwest Airlines (Republic) for an extension of exemption number 7370, as amended. 

That exemption from 14 C.F.R. § 93.123 allowed Midwest Airlines (now Republic) to use 

exemption slot number 1497 at Ronald Reagan Washington National Airport (DCA) to 

augment its service from DCA to Milwaukee, Wisconsin. 

The FAA originally granted exemption number 7370 to Midwest for a two-year period on 

October 19, 2000. The FAA subsequently granted a series of extensions of the exemption in 

December 2002, February 2005, August 2005, June 2007, and July 2009. In the absence of 

a further extension, exemption number 7370E would expire on September 30, 2010. Your 

March 2010 petition requests the FAA extend the exemption for two additional years. In 

your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

The FAA published a summary of this petition for exemption in the Federal Register for 

comment. 75 Fed. Reg. 21387 (Apr. 23, 2010). The comment period closed on May 13, 

2010, and the FAA received no comments. 

AGC-10-208-E 
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Our Decision 

The FAA has determined that the justification for the issuance of exemption number 7370, 

as amended, remains valid and is in the public interest. The exemption is extended through 

September 30, 2012. If Republic elects to seek a further extension of the exemption, it 

should submit its petition, along with the reasons why the extension is in the public interest, 

on or before March 30, 2012. The FAA will publish that request for public comment to 

ensure full consideration of the public interest. Through the comment process, members of 

the public may state any reason why the FAA should extend exemption number 7370, 

reallocate the slot exemption to another carrier, or allow the exemption to expire. 

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, subject to the amended conditions 

and limitations listed below. The FAA amends paragraphs 2, 3, 4, and 6 to replace 

“Midwest” with “Republic”; paragraph 2 to direct Republic to confirm the scheduled 

operation and frequency with the FAA Slot Administration Office because Republic 

currently has operations under this exemption; and paragraph 5 to clarify the applicability of 

14 C.F.R. part 93, subparts K and S. 

Conditions and Limitations 

1. The operation authorized by the grant of exemption may be conducted only in the 

2100 hour. The FAA may adjust the time period if necessary for air traffic control or 

other operational purposes. 

2. Republic must contact the FAA Slot Administration Office to confirm the scheduled 

operation and frequency under this exemption. 

3. This slot may be utilized only by Republic. 

4. This exemption will be rescinded if Republic discontinues scheduled operations at 

DCA. 

5. The operation authorized under this exemption is not part of the pool of permanent 

slots at DCA. However, this operation, while in effect, is subject to the provisions of 

14 C.F.R. part 93, subparts K and S, including the slot usage requirement, except that 

the authority may not be sold, leased, or otherwise transferred. 

6. Republic must report usage of this slot once it begins operations authorized herein. 

7. This letter must be attached to, and is part of, exemption number 7370. 
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The Effect of Our Decision 

Our decision extends the termination date of exemption number 7370, as amended, to 

September 30, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

James W. Whitlow 

Acting Chief Counsel