8909 Purdue Road, Suite 402, Indianapolis, IN 46268 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

 

 RE: Petition for Exemption

Dear Sir or Madam: 

 In accordance with the provisions of Title 14 Code of Federal Regulations, 

Section 11.25, Republic Airlines, Inc. hereby petitions for an exemption from 14 

CFR §121.623(a) and (d); §121.643; and §121.645(e). The summary and petition 

are attached on the following pages. 

Respectfully submitted, 

Jeff Davis 

Director of Operations 

Republic Airlines, Inc. 

8909 Purdue, Rd. Suite 402 

Indianapolis, IN 46268 

(317) 484-6017 
8909 Purdue Road, Suite 402, Indianapolis, IN 46268 

Forward 

Republic Airlines, Inc. is a certified air carrier operating under Title 14 CFR Part 

121. Republic Airlines is authorized to conduct flight operations under Domestic, 

Flag, and Supplemental authority. Republic operates the majority of its flights under 

Domestic authority under agreements with US Airways, American Airlines, and 

United Airlines. Republic Airlines also operates under supplemental authority 

providing charter services for Caesar’s/Harrahs entertainment. In addition, Republic 

Airlines conducts ad hoc charter flying for a variety of customers. 

Republic Airlines is a wholly owned subsidiary of Republic Airways Holdings and is 

currently operating a fleet of 31 DHC-8-402 “Q400s”, 82 ERJ-170, and 9 ERJ-190 

aircraft. 

It’s operations include destinations within the 48 contiguous United States, the 

District of Columbia, Canada, and the Caribbean. 
8909 Purdue Road, Suite 402, Indianapolis, IN 46268 

Pursuant to the provisions of Title 14 CFR §11.25, Republic Airlines, Inc. hereby 

requests an immediate exemption from the following sections of Title 14 CFR Part 

121: 

 §121.623(a) and (d); 

 §121.643; and 

 §121.645(e) 

The requested exemption would permit the Petitioner to conduct its supplemental 

operations within the 48 contiguous United States and the District of Columbia using 

the flight regulations for alternate airport (121.619) and fuel reserve requirements 

(121.639) that are applicable to domestic operations rather than supplemental 

requirements cited above. 

Specifically, Republic Airlines, Inc. would be permitted to conduct operations 

without listing an alternate airport when the weather reports, forecasts, or any 

combination thereof, indicate that the ceiling will be at least 2,000 feet above the 

airport elevation and the visibility will be at least three (3) miles for a period of one 

hour before to one hour after the estimated time of arrival. 

FAR’s Affected 

§121.623(a) provides, in pertinent part, that each person releasing an aircraft for 

operation under IFR shall list at least one alternate airport for each destination airport 

in the flight release. 

§121.623(d) provides, in pertinent part, that no person may release a flight unless he 

lists each alternate airport in the flight release. 

§121.643 provides, in pertinent part, that no person may release for flight or takeoff a 

nonturbine or turbo-propeller powered airplane unless, considering the wind and 

other weather conditions expected, it has enough fuel- 

 1. To fly to and land at the airport to which it is released; 

 2. Thereafter, to fly to and land at the most distant alternate airport specified 

in the flight release; and 

 3. Thereafter, to fly for 45 minutes at normal cruising fuel consumption 

§121.645(e) provides, in pertinent part, that the fuel requirements of §121.643 apply 

to air carriers conducting supplemental operations within the 48 contiguous States 

and the District of Columbia with a turbine powered airplane. 
8909 Purdue Road, Suite 402, Indianapolis, IN 46268 

Discussion 

Republic Airlines, Inc. believes that granting the Exemption affords an equivalent or 

greater level of safety to that provided for in FAR sections 121.623(a) and (d), 

121.643 and 121.645(e). Republic Airlines, Inc. offers in support of this Petition for 

Exemption and stated in applicable part: 

Republic Airlines, Inc. maintains a superior Systems Operations Center (SOC); FAA 

licensed dispatchers, and advanced flight following systems. 

Republic Airlines, Inc.’s flight following system is enhanced by the computers, 

weather, radar, and software systems it uses. In addition Republic Airlines, Inc. 

utilizes Aircraft Communication and Reporting Systems (ACARS) communications 

with its aircraft which provide the ability to continuously communicate changing 

weather patterns to airborne flight crews. 

The System Operations Center (SOC) unites the various components of the Republic 

Airlines, Inc. flight following system. It houses the aircraft dispatchers, crew 

schedulers, and other support groups including maintenance controllers and 

advanced electronic aids. The dispatchers have dedicated workstations designed to 

provide a high level of flight safety. Republic Airlines, Inc. flight planning system 

allows dispatchers to generate computer flight plans accurately illustrating route and 

fuel requirements throughout the United States. This flight planning system affords 

Republic Airlines, Inc. extreme accuracy in its calculation of fuel burn rates. 

Technical Data 

Republic Airlines, Inc. is authorized to conduct Domestic operations within the 48 

contiguous Unites States and the District of Columbia in compliance with the flight 

release (dispatch release) and fuel reserve rules for Domestic operations. 

Republic Airlines, Inc. also conducts its Supplemental operations within the 48 

contiguous States and the District of Columbia in compliance with the flight release 

(dispatch release) and fuel reserve rules for Supplemental operations. This includes 

the requirement that the company list at least one alternate airport for each 

destination airport in the flight release. §121.645(e) makes the fuel reserve 

requirements of §121.643 applicable to turbojet operations and require that no 

supplemental operator may release for flight or takeoff an airplane unless, 

considering the wind and other weather conditions excepted, it has enough fuel – 

1. To fly to and land at the airport to which it is released: 

2. Thereafter, to fly to and land at the most distant alternate airport specified 

in the flight release; and 

3. Thereafter, to fly for 45 minutes at normal cruising fuel consumption 
8909 Purdue Road, Suite 402, Indianapolis, IN 46268 

The rules cited that are applicable to Supplemental operations differ in certain key 

respects to similar dispatching requirements for operations conducted under 

Domestic operating authority. Specifically, §121.619 does not require an air carrier 

conducting operations under Domestic operating authority to list an alternate airport 

for a destination airport when the appropriate weather reports, forecasts, or any 

combination thereof, indicated: 

1. The ceiling will be at least 2,000 feet above the airport elevation; and 

2. Visibility will be at least 3 miles for at least 1 hour before and 1 hour 

after the estimated time of arrival at the destination airport. 

In addition, §121.639 requires that an air carrier conducting operations under 

Domestic operating authority has enough fuel - 

1. To fly to the airport to which it is dispatched; 

2. Thereafter, to fly to and land at the most distant alternate airport (where 

required) for the airport to which dispatched; and 

3. Thereafter, to fly for 45 minutes at normal cruising fuel consumption 

Public Benefits 

The existing requirements for supplemental operators require that an alternate airport 

be designated for each flight, regardless of the forecast and existing weather 

conditions. When the weather conditions are at least 2,000 foot ceiling and 3 miles 

visibility, this results in a larger than necessary fuel load for a supplemental 

operation. These larger than necessary fuel loads equate to money lost by Republic 

Airlines, Inc. in a time when the airline industry does not need to lose any additional 

revenue. 

Obviously, burning fuel to carry fuel needlessly contributes to the depletion of vital 

natural resources. In addition to the fuel conservation, the reduced fuel burn 

substantially reduces in direct proportion the amount of pollutant gases emitted into 

the troposphere, and the amount of carbon dioxide and water vapor emitted into the 

atmosphere, thereby reducing the impact on global warming as well. 

The increased fuel load requirement may also necessitate an otherwise unnecessary 

stop enroute for fuel, as the flight may not be capable of operating the route with the 

increased fuel reserve and increased fuel consumption. 

Enroute stops negatively affect the fuel required to reach the final destination. 

An enroute stop increases the exposure to unnecessary delay and inconvenience 

while adding unwanted congestion to the already overcrowded low-altitude strata. 

Enroute stops unnecessarily expose the travelling public to the more dangerous 

takeoff, landing and taxiing phases of flight which is not in the public interest. 
8909 Purdue Road, Suite 402, Indianapolis, IN 46268 

Enroute stops also have an adverse effect on crewmember flight and duty time 

limitations and subsequent schedules. The result is that more of the public is 

adversely affected by a single event. 

Safety Impact 

An equivalent level of safety is provided by granting this petition and providing an 

alternative means of regulatory compliance. Given the current operational practices 

and capability of Republic Airlines, Inc., substitution of the requirements of 

§121.619 and §121.639 as they pertain to domestic operation for the current 

supplemental rules would maintain the same level of safety as required for an air 

carrier exercising its authority under §119.21(a)(1). 

Request for Waiver 

Republic Airlines, Inc. hereby requests waiver for publication of this petition in the 

Federal Register. Precedent already exists for waiver from publication. Similar 

requests have been granted to other Part 121 Supplemental operators, two of these 

being Champion Air (exemption and docket number unknown) Airborne Express 

Exemption 5307, Docket No. 26503.