800 Independence Ave., S.W. Wa shington, D.C. 20591
July 9, 201 2 Exemption No. 7370 G Regulatory

Docket No. FAA
- 2002
- 13734

Robert E. Cohn Co unsel for Republic Airline Inc. Hogan Lovells US LL P Columbia Square 555 Thirteenth Street, N.W. Washington, DC 20004 Dear Mr. Cohn : This letter is to inform you that the Federal Aviation Administration (FAA) has granted your petition to extend exemptio n number 7370, as amended, subje ct to the limitations expressed in this document. It explains the basis for the decision and describes its effect. **The Basis for Our Decision** By letter dated March 28 , 201 2 , y ou petitioned the FAA on behalf of Republic Airl ine Inc. (Republic) for an extension of exemption number 7370, as amended. That exemption from 14 C.F.R. § 93.123 allowed Republic to use exemption slot number 1497 at Ronald Reagan Washington National Airport (DCA) to augment its service under the Fronti er brand from DCA to Milwaukee, Wisconsin , and from DCA to Madison, Wisconsin, after June 7, 2012

. 1 By letter dated July

3, 2012, y ou requested the FAA permanentl y retime the exemption slot from 2100 to 1800. The FAA originally

granted exemption number 7 370 to Midwest Express Airlines, Inc., for a 2
- year period on October 19, 2000. The FAA subsequently granted several extensions in December 2002, February 2005, August 2005, June 2007 , July 2009 , and June 2010 . In the absence of a further extension, exemption number 7370 F would expire on September 30, 20 1 2 . Your March 20 1 2 petition request s that the FAA extend the exemption for at least 2 additional y ears. In your petition, y ou indicate there has been no change in the conditions and reasons relative to public interest and safet y that were the basis for granting the original exemption.

1 FAA exemptions to 14 CFR § 93.123 are not limited to specific markets served.2

The FAA published a summary of this petition for exemption in the Federal Register for comment on May

24 , 201 2
. 77 FR 31064
. The comment period closed on June 13, 2012 , and the FAA received no comments.
**Our Decision** The FAA has determined that the justification for the issuance of exemption number 7370, as amended, remains valid and is in the public interest. The exemption is extended through September 30, 201 7
. The FA A has determined a 5
- ye ar extension is appropriate for this non - controversial exemption because it provides certainty for Republic and the flying public. 2 If Republic elects to seek a further extension of the exemption, it should submit its petition, alon g with the reasons wh y the extension is in the public interest, on or before March 30, 201 7 . The FAA will publish that request for public comment to ensure full consideration of the public interest

. Therefore, under the authority provided b y 49 U.S.C. § § 40113 and 44701, which the FAA Administrator has delegated to me, Igrant y our petition, subject to the amended conditions and limitations listed below. The FAA amends paragraph 1 to replace “2100 hour” with “1800 hour” according to a request b y Republi c for a retiming of the exemption slot. This amendment does not negatively impact operational efficiency at DCA. **Conditions and Limitations** 1. The operation authorized by the grant of exemption may be conducted only in the 1800 hour. The FAA may adjust th e time period if necessary for air traffic control or other operational purposes. 2. Republic must contact the FAA Slot Administration Office to confirm the scheduled operation and frequency under this exemption. 3. This slot may

be utilized only by Republic f or a flight marketed under one of the Republic brands

. 4. This exemption will be rescinded if Republic discontinues scheduled operations at DCA. 5. The operation authorized under this exemption is not part of the pool of permanent slots at DCA. However, this operation, while in effect, is subject to the provision s of 14 C.F.R. part 93, subpart s K and S, including the slot usage requirement , except that the authority

may not be sold, leased, or otherwise transferred. 6. Republic must report usage of this slot onc e it begins operations authorized herein. 7. This letter must be attached to, and is part of, exemption number 7370.

2 A five

- year term for a slot exemption is consistent with prior FAA practice. See Grant of E xemption to Air Canada from 14 CFR § 93.123(a), No. 10063, Docket No. FAA

- 2010
- 0101 (May 10, 2010).3

**The Effect of Our Decision** Our decision extends the termination date of exemption number 7370, as amended, to September 30, 201 7 , unless soo ner superseded or rescinded. Sincerel y, /s/ Kathry n B. Thomson Chief Counsel