14 CFR 121.291 Evacuation Demonstration 

Exemption Request - April 19, 2011 

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April 19, 2011 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

To Whom it May Concern: 

The Department of Transportation (DOT) granted an exemption to the provisions of section 

41105 of Title 49 of the United States Code, allowing for the purchase of ExpressJet Holdings, 

Inc by SkyWest, Inc. on September 30, 2010. Following that approval, on November 12, 2010, 

ExpressJet Holdings, Inc., the parent company of ExpressJet Airlines, Inc. was purchased by 

SkyWest, Inc. through its wholly-owned subsidiary Atlantic Southeast Airlines, Inc. As a result 

of the transaction, ExpressJet Holdings, Inc. became a wholly-owned subsidiary of Atlantic 

Southeast Airlines, Inc. 

On December 20, 2010, Atlantic Southeast Airlines and ExpressJet Airlines received FAA 

Acceptance of the Single Operating Certificate Transition Plan and Operation Specification 

A502 has been granted and issued. 

With the activities associated with the transition now beginning, the purpose of this letter is to 

request Exemption approval on several regulations to ensure a smooth transition to a single 

operating certificate. Note that while the current plan is for the final operating certificate to be 

the current Atlantic Southeast Airlines Air Carrier Certificate (Certificate No. ASOA029B), the 

discussion provided in this letter is applicable regardless of which certificates were to be the 

merged carrier's certificate. Atlantic Southeast Airlines is following the process outlined in 14 

CFR 11 and 14 CFR 121 in requesting a one-time exemption from the regulation listed below: 

121.291 Demonstration of emergency evacuation procedures. 

(a) Except as provided in paragraph (a)(1) of this section, each certificate holder must conduct an actual 

demonstration of emergency evacuation procedures in accordance with paragraph (a) of appendix D to this part to 

show that each type and model of airplane with a seating capacity of more than 44 passengers to be used in its 

passenger-carrying operations allows the evacuation of the full capacity, including crewmembers, in 90 seconds or 

less. 

(1) An actual demonstration need not be conducted if that airplane type and model has been shown to be in 

compliance with this paragraph in effect on or after October 24, 1967, or, if during type certification, with §25.803 of 

this chapter in effect on or after December 1, 1978. 

(2) Any actual demonstration conducted after September 27,1993, must be in accordance with paragraph (a) of 

appendix D to this part in effect on or after that date or with §25.803 in effect on or after that date. 
14 CFR 121.291 Evacuation Demonstration 

Exemption Request - April 19, 2011 

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(b) Each certificate holder conducting operations with airplanes with a seating capacity of more than 44 

passengers must conduct a partial demonstration of emergency evacuation procedures in accordance with 

paragraph (c) of this section upon: 

(1) Initial introduction of a type and model of airplane into passenger-carrying operation; 

(2) Changing the number, location, or emergency evacuation duties or procedures of flight attendants who are 

required by §121.391; or 

(3) Changing the number, location, type of emergency exits, or type of opening mechanism on emergency exits 

available for evacuation. 

(c) In conducting the partial demonstration required by paragraph (b) of this section, each certificate holder must: 

(1) Demonstrate the effectiveness of its crewmember emergency training and evacuation procedures by 

conducting a demonstration, not requiring passengers and observed by the Administrator, in which the flight 

attendants for that type and model of airplane, using that operator's line operating procedures, open 50 percent of 

the required floor-level emergency exits and 50 percent of the required non-floor-level emergency exits whose 

opening by a flight attendant is defined as an emergency evacuation duty under §121.397, and deploy 50 percent 

of the exit slides. The exits and slides will be selected by the administrator and must be ready for use within 15 

seconds; 

(2) Apply for and obtain approval from the certificate-holding district office before conducting the demonstration; 

(3) Use flight attendants in this demonstration who have been selected at random by the Administrator, have 

completed the certificate holder's FAA-approved training program for the type and model of airplane, and have 

passed a written or practical examination on the emergency equipment and procedures; and 

(4) Apply for and obtain approval from the certificate-holding district office before commencing operations with this 

type and model airplane. 

(d) Each certificate holder operating or proposing to operate one or more landplanes in extended overwater 

operations, or otherwise required to have certain equipment under §121.339, must show, by simulated ditching 

conducted in accordance with paragraph (b) of appendix D to this part, that it has the ability to efficiently carry out 

its ditching procedures. For certificate holders subject to §121.2(a)(1), this paragraph applies only when a new type 

or model airplane is introduced into the certificate holder's operations after January 19, 1996. 

(e) For a type and model airplane for which the simulated ditching specified in paragraph (d) has been conducted 

by a part 121 certificate holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of appendix D to this part 

are complied with if each life raft is removed from stowage, one life raft is launched and inflated (or one slide life 

raft is inflated) and crewmembers assigned to the inflated life raft display and describe the use of each item of 

required emergency equipment. The life raft or slide life raft to be inflated will be selected by the Administrator. 

This one-time request for relief from Section 121.291 of the Federal Aviation Regulations is 

based upon the following facts; 

• Each carrier has accomplished the required demonstrations at the time each type of 

aircraft was added to their respective Operations Specifications. This is indicated in the 

table provided with this letter. 

• The flight deck and cabin crew members flying these aircraft today are the same flight 

crews that will be flying them the day after the issuance of the Single Operating 

Certificate and using the same procedures on both of those days. The stated purpose of 

121.291 (c) (1) is "Demonstrate the effectiveness of its crewmember emergency training 

and evacuation procedures by conducting a demonstration, ..." It appears the intent of this 

regulation is for demonstrations to be conducted prior to carrying the traveling public. In 
14 CFR 121.291 Evacuation Demonstration 

Exemption Request - April 19, 2011 

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a merger scenario existing procedures are used with only minor changes and 

modifications such as might occur in any operating airline which would not require these 

demonstrations to be repeated. 

• The emergency evacuation procedures will be identical for both carriers, barring 

necessary aircraft-specific differences, effective August 2011. 

• The aircraft emergency training curriculums incorporate "hands on" emergency drills 

required by regulation every 24 months. These drills ensure each crewmember maintains 

proficiency in the procedures used during these demonstrations and actual evacuations. 

• Any changes related to standardization of evacuation procedures between aircraft types 

or between carriers for common types, are completed under the FAA approval process for 

such procedures and supported by the appropriate approved training programs. 

• Any changes to interior seating configurations which might occur are subject to the 

normal FAA review process regarding the possible impact related to emergency 

evacuation procedures. 

• Each carrier's extensive operating history with these aircraft types, including their 

demonstrated capabilities to train cockpit, cabin and maintenance crew personnel as well 

as maintain the equipment provides a strong demonstration of the carrier's ability far 

exceeding that which might be demonstrated through such a demonstration. 

• Repeating these demonstrations: 

o Does not provide added value to the flying public; 

o Would not be cost effective to accomplish the same procedures that have already 

been completed at the time the aircraft were originally introduced; and, 

o Would add additional burden to those FAA personnel currently involved with 

supporting the merger effort. 

• The addition of the aircraft to the certificate presents little if any risk and the performance 

of such a demonstration would do little to reduce that risk and further enhance safety. 

We look forward to your timely response to this request. Should you require any additional 

information, please feel free to contact this office. 

Sincerely, 

James Nides 

SOC Project Manager 

Atlantic Southeast Airlines, Inc. 

cc: Brad Holt 

Charlie Tutt 

 Lisa Walker 

 J.D. Schwab (FAA) 

Attachment 
14 CFR 121.291 Evacuation Demonstration 

Exemption Request - April 19, 2011 

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Evacuation Demonstrations by Aircraft Type for each Legacy Carrier 

Fleet Type 

Atlantic Southeast Legacy ExpressJet Legacy 

Evac Demo Date Evac Demo Date

CRJ-200 September 1997 n/a 

CRJ-700 February 2002 n/a 

CRJ-900 February 2009 n/a 

EMB-135 n/a December 1996 

EMB-145 n/a December 1996 

n/a = Aircraft Not Applicable to the Operator 

Waived = Exempt based upon prior Evac demonstration