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 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. 

(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. 
    

Shuttle America Corporation | Chautauqua Airlines – 8909 Purdue Road, Indianapolis, IN  46268

(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. 

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