AFS-13-343-E

May 20, 2013

 Exemption No. 10772

 Regulatory Docket No. FAA-2006-26326

Mr. Jim W. Colburn

Director of Operations

Frontier Airlines, Inc.

7001 Tower Road

Denver, CO 80249

Dear Mr. Colburn:

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

On April 16, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of 

Frontier Airlines, Inc. (Frontier), for an exemption from § 121.434(c)(1)(ii) of Title 14, Code 

of Federal Regulations (14 CFR). That exemption allowed Frontier to substitute a qualified 

and authorized check airman or aircrew program designee for an FAA inspector to observe a 

qualifying pilot in command (PIC) who is completing initial or upgrade training specified in 

§ 121.424 during at least one flight leg that includes a takeoff and a landing. That exemption, 

however, 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 requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Frontier.

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

those presented in your petition. In Grant of Exemption No. 10252, the FAA found that the 
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petitioner provided a level of safety at least equal to that provided by the rule it sought an 

exemption from and met public interest. 

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 Frontier Airlines, Inc., an exemption from 

14 CFR § 121.434(c)(1)(ii) to the extent necessary to allow Frontier to substitute a qualified 

and authorized check airman or aircrew program designee for an FAA inspector to observe a 

qualifying PIC who is completing initial or upgrade training specified in § 121.424 during at 

least one flight leg that includes a takeoff and a landing, subject to the conditions and 

limitations described below.

Conditions and Limitations 

1. A Frontier check airman or aircrew program designee may conduct a PIC 

observation in place of an FAA inspector when—

a. The Administrator preapproves that substitution for each observation of a 

qualifying PIC candidate, thus reserving first right of refusal to the FAA in 

each case. Frontier, therefore, must contact an appropriate FAA office, in each 

instance, before substituting that check airman or aircrew program designee;

b. The qualifying PIC candidate has completed no less than 10 hours of 

supervised operating experience (OE) and accomplished no fewer than two 

takeoffs and landings; and

c. The qualifying PIC candidate is performing PIC duties during a complete flight 

leg, including flightdeck preparation, before starting engines checklist, taxi, 

takeoff, all other flight phases, landing, taxi, and securing checklist.

2. Each Frontier check airman or aircrew program designee conducting a PIC 

observation in place of an FAA inspector must—

a. Be approved by the Administrator to conduct the observation, 

b. Have served as a check airman or aircrew program designee for Frontier for no 

less than 6 months; and

c. Not supervise the OE or conduct the initial line check for the qualifying PIC 

candidate being observed.
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3. Frontier must maintain student, check airman, and aircrew program designee records 

that demonstrate compliance with the conditions and limitations of this exemption.

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

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

 Service