Shuttle America Corporation | Chautauqua Airlines

– 8909 Purdue Road, Indianapolis, IN 46268 U.S. Department of Transportation 24 October 2014

Docket Management System

1200 New Jersey Avenue, S.E.

West Building Ground Floor, Room W12

‐ 140

Washington, DC 20590

Subject: Emergency Evacuation Demonstration Exemption Request

In support of the Chautauqua Airlines (Certificate # CHQA058A) Shuttle America (Certificate # UHLA640I)

merger and the associated Single Operating Certificate (SOC) issuance, Shuttle America requests your

concurrence for an exemption from required emergency evacuation demonstrations.

With the activities associated with the transition now well under way, the purpose of this letter is to

request an exemption on the requirement to conduct Emergency Evacuation demonstrations. Our goal

is 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 Shuttle America (Certificate No. UHLA640I), the

discussion provided in this letter is applicable regardless of which certificate was to be the merged

carrier's certificate. Shuttle America is following the process outlined in 14CFR 119 and 14CFR 121 in

requesting an 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 emergen cy evacuation procedures in accordance with

paragraph (a) of appendix D to this part to s how 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 fu ll capacity, including crewmembers, in 90

seconds or less.

(1) An actual demonstration need not be c onducted if that airplane type and model has

been shown to be in compliance with this pa ragraph in effect on or after October 24,

1967, or, if during type certific ation, with §25.803 of this c hapter in effect on or after

December 1, 1978.

(2) Any actual demonstration conduct ed after September 27,1993, must be in

accordance with paragraph (a) of appendix D to th is part in effect on or after that date

or with §25.803 in effect on or after that date.

(b) Each certificate holder conducting operatio ns with airplanes with a seating capacity of

more than 44 passengers must conduct a parti al 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 emer gency 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.Shuttle America Corporation | Chautauqua Airlines

– 8909 Purdue Road, Indianapolis, IN 46268 (c) In conducting the partial demonstration re quired by paragraph (b) of this section, each

certificate holder must:

(1) Demonstrate the effectivenes s of its crewmember emergency training and evacuation

procedures by conducting a demonstrati on, not requiring passengers and observed

by the Administrator, in whic h the flight attendants for that type and model of airplane,

using that operator's line op erating procedures, open 50 pe rcent 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 t he 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 demonstrat ion 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 pro posing 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 ab ility 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 introduc ed 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 certific ate 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.

Shuttle America contends that 121.291(a), (b)(2), (3), and (d) do not apply to this request for the

following reasons:

121.291(a): Actual evacuation demonstrations have already been conducted and approved. Each

carrier has accomplished the required demonstrations at the time each type of aircraft

was added to their respective Operations Specifications. The operations of the EMB

‐ 145

fleet previously operated by Chautauqua Airlines will be “fenced” in the Shuttle America

operation and will not be integrated. This means the operations of the EMB

‐ 145 will be

conducted by the same flight attendants and other personnel who are conducting the

operations today.

121.291(b)(2): There has not been, and will not be, changes to the number, location, or emergency

evacuation duties or procedures of flight attendants who are required by §121.391.Shuttle America Corporation | Chautauqua Airlines

– 8909 Purdue Road, Indianapolis, IN 46268 121.291(b)(3): There has not been, and will not be, changes to the number, location, type of

emergency exits, or type of opening mechanism on emergency exits available for

evacuation.

121.291(d): The aircraft in the combined fleet are not operated in extended overwater operations.

We believe that a ditching demonstration as required in 14 CFR 121.291(d) is not

applicable.

This request supports an exemption from 121.291(b)(1) of the Federal Aviation Regulations (Initial

introduction of a type and model of airplane into passenger

‐ carrying operation) requiring evacuation

demonstrations to achieve Single Operating Certificate. There are no changes in the following:

 Flight Attendant or Flight Crew combinations

 Type of operating mechanism on an emergency exit

 A significant change in the evacuation duties or emergency procedures

This request for relief is based on the recognition that there is a difference between the administrative

steps necessary for the integration of the programs and systems that support an air operation and the

practical mandates of so doing while keeping risks to the lowest levels reasonably possible. In the

opinion of Shuttle America, there is no added risk since the aircraft, crew and procedures previously

approved and in operation are not changing. Conducting the demonstration does not benefit the public,

nor does the granting of this exemption adversely affect safety.

The Transition Plan describes the intent to operate the EMB

‐ 145 and ERJ

‐ 170 aircraft in parallel

operations which includes fencing Pilots, Flight Attendants, and Systems Operations Control.

Restrictions within CrewTrac and CrewQual, the approved scheduling and qualification software suites,

act as controls to keep the workgroups separated until appropriate aircraft specific training qualification

requirements are met.

________________________ ________________________ Captain Kenneth R. Barthel Accepted by / Date

Director of Operations

Shuttle America Corporation

________________________ Printed Name