14 CFR 121.291 Evacuation Demonstration Exemption Request - April 19, 2011 Page 1 of 4 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) grante d an exemption to the provisions of section 41105 of Title 49 of the United States Code, allo wing for the purchase of ExpressJet Holdings, Inc by SkyWest, Inc. on September 30, 2010. Fo llowing 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 A tlantic Southeast Airlines , Inc. As a result of the transaction, ExpressJet Holdings, Inc. became a wholly-owned s ubsidiary of Atlantic Southeast Airlines, Inc.

On December 20, 2010, Atlantic Southeast Airlin es 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 w ith the transition now beginning, th e purpose of this letter is to request Exemption approval on se veral regulations to ensure a smooth transition to a single operating certificate. Note that wh ile the current plan is for the fi nal operating cer tificate to be

the current Atlantic Southeast Ai rlines 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 se ction, each certificate hol der must conduct an actual demonstration of emergency evacuation procedures in acco rdance 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 duri ng 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 dat e or with §25.803 in effect on or after that date.14 CFR 121.291 Evacuation Demonstration Exemption Request - April 19, 2011 Page 2 of 4 (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 evacuati on duties or procedures of flight attendants who are required by §121.391; or

(3) Changing the number, location, type of emergency ex its, or type of opening mechanism on emergency exits
available for evacuation.

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

(1) Demonstrate the effectiveness of its crewmem ber emergency training and evacuation procedures by conducting a demonstration, not requiring passengers and obser ved by the Administrator, in which the flight attendants for that type and model of airplane, using t hat 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 emergenc y 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-hold ing district office before conducting the demonstration;

(3) Use flight attendants in this demonstration who hav e been selected at random by the Administrator, have completed the certificate holder's F AA-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-holdi ng 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 equipm ent 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 cert ificate 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 r equirements 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 stow age, 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 Secti on 121.291 of the Federal Av iation Regulations is based upon the following facts;

• Each carrier has accomplished the required de monstrations 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 th e effectiveness of its crew member emergency training and evacuation procedures by conducting a demonstr ation, ..." It appears the intent of this regulation is for demonstrations to be conducted prior to carr ying the traveling public. In14 CFR 121.291 Evacuation Demonstration Exemption Request - April 19, 2011 Page 3 of 4 a merger scenario existing procedures are used with only minor changes and modifications such as might occur in any ope rating airline which w ould not require these demonstrations to be repeated.

• The emergency evacuation procedures will be identical for both carriers, barring necessary aircraft-specific di fferences, 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 demonstrat ions and actual evacuations.

• Any changes related to standardization of ev acuation procedures between aircraft types or between carriers for common types, are completed under the FAA approval process for such procedures and supported by the a ppropriate approved training programs.

• Any changes to interior seat ing 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 va lue 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 re duce that risk and further enhance safety.

We look forward to your timely response to th is 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)

Attachment14 CFR 121.291 Evacuation Demonstration Exemption Request - April 19, 2011 Page 4 of 4 

### Evacuation Demonstrations by Airc raft 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