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. he reby 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) 484-60178909 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 op erates the majority of its flights under Domestic authority under agreements with US Airways, American Airlines, and United Airlines. Republic Airlines al so 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 subsid iary of Republic Airways Holdings and is currently operating a fleet of 31 DH C-8-402 “Q400s”, 82 ERJ-170, and 9 ERJ-190

aircraft.

It’s operations include de stinations 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 St ates and the District of Columbia using the flight regulations for alternate airport (121.619) a nd fuel reserve requirements (121.639) that are applicable to domesti c 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 ceili ng will be at least 2,000 feet above the airport elevation and the visibi lity will be at least three (3) miles for a period of one

hour before to one hour after th e 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 al ternate airport for each destination airport in the flight release.

§121.623(d) provides, in pertinen t part, that no person may re lease a flight unless he lists each alternate airport in the flight release.

§121.643 provides, in pertinent part, that no pe rson may release for flight or takeoff a nonturbine or turbo-propeller powered ai rplane unless, cons idering 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 th e 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 opera tions within the 48 contiguous States

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

Republic Airlines, Inc. believes that granti ng the Exemption affords an equivalent or greater level of safety to that provide d for in FAR sections 121.623(a) and (d), 121.643 and 121.645(e). Republic Airlines, Inc. o ffers 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 f light following system is e nhanced by the computers, weather, radar, and software systems it us es. In addition Republic Airlines, Inc.

utilizes Aircraft Communication and Re porting Systems (ACARS) communications with its aircraft which provide the ab ility to continuously communicate changing weather patterns to ai rborne flight crews.

The System Operations Center (SOC) unite s the various components of the Republic Airlines, Inc. flight following system. It houses the aircraft dispatchers, crew schedulers, and other support groups in cluding 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 Dist rict of Columbia in complia nce with the flight release (dispatch release) and fuel reserve rule s for Supplemental operations. This includes the requirement that the company list at least one alternat e airport for each destination airport in the flight re lease. §121.645(e) makes the fuel reserve requirements of §121.643 applicable to turb ojet operations and require that no supplemental operator may release for fli ght or takeoff an airplane unless, considering the wind and other weather c onditions excepted, it has enough fuel –

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

2. Thereafter, to fly to and land at the mo st distant alternate airport specified in the flight release; and

3. Thereafter, to fly for 45 minutes at normal cruising fuel consumption8909 Purdue Road, Suite 402, Indianapolis, IN 46268 The rules cited that are app licable to Supplemental operations differ in certain key respects to similar dispatching requir ements for operations conducted under Domestic operating authority. Specifical ly, §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 appropr iate 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 arriva l at the destination airport.

In addition, §121.639 requires that an ai r 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 a nd 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 ope rators require that an alternate airport be designated for each flight, regardle ss of the forecast and existing weather

conditions. When the weather conditions ar e 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 needle ssly contributes to the depletion of vital

natural resources. In addition to the fuel conser vation, the reduced fuel burn substantially reduces in dire ct proportion the amount of po llutant gases emitted into the troposphere, and the amount of carbon dioxide and water vapor emitted into the atmosphere, thereby reducing the im pact on global warming as well.

The increased fuel load requirement may al so 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 in creased 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 al ready overcrowded lo w-altitude strata. Enroute stops unnecessarily expose the travelling public to the more dangerous takeoff, landing and taxiing phases of fli ght which is not in the public interest.8909 Purdue Road, Suite 402, Indianapolis, IN 46268 Enroute stops also have an adverse effect on crewmemb er 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 au thority 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 opera tors, two of these being Champion Air (exemption and doc ket number unknown) Airborne Express Exemption 5307, Docket No. 26503.