800 Independence Ave., S.W.

Washington, D.C. 20591

July 9, 2012

 Exemption No. 7370G

Regulatory Docket No. FAA-2002-13734

Robert E. Cohn

Counsel for Republic Airline Inc.

Hogan Lovells US LLP

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 exemption number 7370, as amended, subject 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, 2012, you petitioned the FAA on behalf of Republic Airline 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 Frontier brand from 

DCA to Milwaukee, Wisconsin, and from DCA to Madison, Wisconsin, after June 7, 2012.

1

 

By letter dated July 3, 2012, you requested the FAA permanently retime the exemption slot 

from 2100 to 1800.

The FAA originally granted exemption number 7370 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 7370F would expire on September 30, 

2012. Your March 2012 petition requests that the FAA extend the exemption for at least 2

additional years. In your petition, you indicate there has been no change in the conditions 

and reasons relative to public interest and safety 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, 2012. 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, 2017. The FAA has determined a 5-year 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, along with the reasons why the extension is in the public interest, on or before 

March 30, 2017. The FAA will publish that request for public comment to ensure full 

consideration of the public interest. 

Therefore, under the authority provided by 49 U.S.C. §§ 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your 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 by Republic 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 the 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 for 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 provisions of 

14 C.F.R. part 93, subparts 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 once 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 Exemption 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, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

Kathryn B. Thomson

Chief Counsel