AFS-11-227-E

June 14, 2013

 Exemption No. 10798

 Regulatory Docket No. FAA-2011-0269

Captain Steve Ostrander

Director, Pilot Training and Flight Standards/Safety

Allegiant Air, LLC

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 exemption, 

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) allows Allegiant to operate its aircraft on a temporary basis following 

the incidental loss or mutilation of a certificate of airworthiness, aircraft registration 

certificate, or both. Exemption 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 exemption would not set a precedent, and any delay in 

acting on this petition would be detrimental to Allegiant.

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption Nos. 5318 and 8100 (copies

enclosed), 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. 
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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 the public. 

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

• they are similar 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, subject 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 

exercise 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 certificate 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 as required by 14 CFR § 121.133.

3. The comprehensive program 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 applicable) under the provisions of Exemption No. ____ for a 

period of 3 working days, not including weekends or Federal holidays, 

following the start of the next business day, beginning: TIME: _____ 

DATE:_____ 20__”

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

shall be affixed to this statement;
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b. An identification of the designated person(s) within Allegiant’s maintenance 

organization authorized to enter the statement outlined in paragraph 3a and the 

method or methods wherein the documents required under paragraph 5 below 

will be transmitted to the affected aircraft;

c. An arrangement whereby those persons within Allegiant’s organization 

responsible for certificates of airworthiness and registration maintain current 

record of the 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 must be kept current at all times;

d. Procedures to ensure that the FAA principal maintenance inspector with 

responsibility 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 airworthiness certificate) or a duplicate certificate 

(in the case of a registration certificate); and

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

4. The privileges of this exemption may only be exercised by Allegiant for temporary 

replacement of a missing or mutilated certificate that is current and in effect and 

applies to U.S.-registered 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 exercised when the affected aircraft is 

operated totally within the contiguous United States and the District of Columbia. 

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

Sincerely,

/s/

Michael J. Zenkovich

Acting Deputy Director, Flight Standards Service