AFS

- 11

- 227

- E June 14, 2013

Exemption No. 1079 8 Regulatory Docket No. FAA

- 2011

- 0269

Captain Steve Ostrander Director, Pilot Training and Flight Standards/Safety Allegiant Air, L LC 8360 S. Durango Drive Las Vegas, NV 89113

Dear Captain Ostrander :

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 exempt ion, including the date it ends.

The Basis for Our Decision

By letter dated April 9, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Allegiant Air, LLC (Allegiant) for an extension of Exemption No. 10253. That exemption from §§ 91.203(a) and (b) and 121.153(a)(1) of Title 14, Code of Federal Regulations (14 CFR) allow s Allegiant to operate its aircraft on a temporary basis following the incidental loss or mutilation of a certificate of airworthiness, aircraft registration

certif icate, or both. E xemption No. 10253 expired on April 30, 2013. 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 exempt ion would not set a precedent, and any delay in acting on this petition would be detrimental to Allegiant

.

The FAA has issued grant s of exemption in circumstances similar in all material respects to those presented in your petiti on. In Grant of Exemption No s

. 5318 and 8100 (copies

e nclosed), 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.2

The FAA noted that when an aircraft’s airworthiness and/or registration certificate is missing or mutilated, it renders the aircraft unusable, sometimes resulting in a substantial

inconvenience to t he public. Having reviewed your reasons for requesting an exemption, I find that

—

• they are si milar 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 , subj ect 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

exerci se 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 cer tificate 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 a nd 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 p rogram 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 applicab le) under the provisions of Exemption No. ____ for a period of 3 working days, not including weekend s or Federal holidays,

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

The signature, title, and station location of the pe rson(s) authorized by paragraph b

sha ll be affixed to this statement ;3

b. An identification of the designated person(s) with in Allegiant’s maintenance organization authorized to enter the statement outlined in paragraph 3 a and the

method or methods where in the documents required under paragraph 5 below

will be transmitted to the affected aircraft ;

c. An arrangement whereby those persons withi n Allegiant’s organization responsible for certificates of airworthi ness and registration maintain current
record of t he 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 mu st be kept curren t at all times ;

d. Procedures to ensure that the FAA princ ipal maintenance inspector with

res ponsibility 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 airworthin ess certificate) or a duplicate certificate (in the case of a registration certificate) ; and

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

4. The privileges of this exemption may only be exercis ed by Allegiant for temporary replacement of a missing or mutilated certificate that is current and in effect and applies to U.S.

- regi stered 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.

6. The privileges of the exemption may only be exercise d when the affected aircraft is operated totally within the cont iguous United States and the District of Columbia

.
Thi s exemption terminates on June 30 , 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Acting Deputy Director, Flight Standards Service