AFS

- 13

- 343

- E May 20, 2013

Exemption No. 10772 Regulatory Docket No. FAA

- 200 6

- 26326

Mr. Jim W. Colburn Director of Operations Frontier Airlines, Inc.

7001 Tower Road

Denve r, 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 B asis 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 t he 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 pr esented in your petition. In Grant of Exemption No. 10252 , the FAA found that the2

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 re questing an exemption, I find that

—

• they do no t 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 g rant 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 o ne 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 subs tituting 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 p erforming 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 co nducting 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 conduc t the initial line check for the qualifying PIC candidate being observed.3

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