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Hogan Lovells US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Direct phone +1 202 637 4999

Direct fax +1 202 637 5910

www.hoganlovells.com

October 15, 2013

By Electronic Submission

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Petition of Republic Airline Inc. for an Exemption from 14 C.F.R. §121.434(c)

(Docket FAA-2013-____)

Dear Sir or Madam:

Consistent with established FAA precedent, Republic Airline Inc. (“Republic”)

hereby petitions the Administrator of the Federal Aviation Administration (“FAA”),

pursuant to 14 C.F.R. Part 11, for an exemption from the requirements of 14 C.F.R.

§121.434(c), to allow:

(i) Republic and Republic pilots to apply 13 hours of initial operating

experience (“IOE”) on EMB-170 aircraft they obtained while operating the

same aircraft type and model under the air carrier operating certificate of its

sister carrier, Shuttle America Corporation (“Shuttle”), toward meeting the

25-hour requirement under §121.434(c); and

(ii) Republic pilots-in-command (“PIC” or “captain”) to receive credit for the

required FAA observation undertaken while such PICs were operating the

same aircraft type and model under Shuttle’s air carrier operating certificate.

Republic submits that this narrowly-tailored exemption would be in the public

interest, would provide an equivalent level of safety, and would be consistent with FAA

precedent1– findings that the FAA made in previously granting a similar (indeed, broader)

exemption to Republic on February 8, 2006. See Exemption No. 8687. And, the FAA’s

recent denial of Shuttle America’s petition to extend its exemption from §121.434(c) does

1 The FAA has made similar findings and granted similar exemptions to similarly situated applicants. See, e.g.,

Docket FAA-2005-21734, Exemption No. 8586 (Shuttle); Docket FAA-2001-9283, Exemption No. 7539 (Atlantic Coast

Airlines, Inc.); Docket FAA-2005-23348, Exemption No. 8687 (Republic); Docket FAA-2011-0896, Exemption No.

10351 (Shuttle), extension denied Exemption No. 10351A (September 27, 2013).
Petition of Republic Airline Inc.

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not affect that conclusion. On the contrary, the language in that denial confirms the

appropriateness of granting the exemption requested in this Petition.

Republic also respectfully requests expedited action on this request by no later than

October 31, 2013. Good cause exists for the FAA (i) to act on this Petition without delay,

and without publishing a summary in the Federal Register or awaiting comments, pursuant

to 14 C.F.R. §11.87, and (ii) to waive – to the extent necessary – the advance-filing

deadline. No new precedent will be established by granting the requested exemption

to Republic. In fact, grant of this exemption request would be consistent with established

precedent involving the same basic exemption from §121.434(c).2

Republic submits the following information in further support of this Petition:

I. Background and Exemption Request.

Republic will be adding forty-seven new EMB-170-200 aircraft between July 2013

and April 2015 to operate under the “American Eagle” brand, pursuant to a Capacity

Purchase Agreement with American Airlines. Current Shuttle captains will be eligible to

bid on the vacancies created at Republic with the addition of these aircraft. Those Shuttle

captains who are awarded vacancies at Republic will go through the Republic Airlines

EMB-170 Bridge Training Program (“YX Bridge Training Program”). Republic expects

between two to six pilots per month will move from Shuttle to Republic via the YX Bridge

Training Program.

Republic is not requesting that it be relieved from meeting the pilot experience and

captain observation requirements of §121.434(c). These requirements have already been

completely and effectively met by the pilots while at Shuttle operating the same aircraft

type and model. Rather, Republic is seeking an exemption only from the provisions in

§121.434(c) that would require these pilots to repeat 13 of the 25 hours of IOE and the

captains to repeat the FAA observation requirements they obtained with sister carrier,

Shuttle.

II. Granting the Requested Exemption is in the Public Interest, will Provide an

Equivalent Level of Safety, and is Consistent with FAA Precedent.

Republic and Shuttle are sister carriers in that they are both wholly-owned

subsidiaries of the same parent company, Republic Airways Holdings Inc. Both carriers

fly large Embraer regional jet aircraft on short-haul and medium-haul routes within the

United States or between the United States and nearby foreign destinations. Each carrier

operates service on behalf of mainline partner carriers (e.g., US Airways, United) pursuant

2

See footnote 1 above.
Petition of Republic Airline Inc.

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to capacity purchase, fee-per-departure or similar agreements. The FSDO in Indianapolis

oversees the operations of both Republic and Shuttle.

The Shuttle pilots transitioning to Republic are fully trained and qualified, with

extensive EMB-170 operating experience, including 25 hours of IOE (as well as FAA

observation for the captains), as required by §121.434(c). In other words, each of the

affected Republic pilots/captains has already successfully met these requirements on the

same aircraft type and model at Shuttle. In fact, the EMB-170 aircraft at Shuttle have the

same cockpit layout, the same engines, the same flight handling characteristics, and require

the same fundamental cockpit crew training as the EMB-170 aircraft at (and to be

delivered to) Republic. Moreover, each of the Shuttle pilots transitioning to Republic

under the requested exemption would have to complete the extensive YX Bridge Training

Program (detailed below) and 12 hours of IOE at Republic.

In the absence of an exemption, these transitioning pilots would have to repeat the

otherwise-required full 25 hours of IOE training that they have already completed on the

same type of aircraft. Since these pilots already have substantial operating experience,

knowledge, and skills from flying for Shuttle on the same type of EMB-170 aircraft, with

the same cockpit layout, the same engines, and the same flight handling characteristics,

thereby exceeding the requirements of §121.434, Republic submits that it would be in the

public interest to grant an exemption so that they would not be required to repeat 13 of the

25 hours of EMB-170 IOE training and the captain FAA observation requirements of

§121.434(c).

Prompt grant of an exemption will allow these pilots to be ready for line flying as

soon as they successfully complete the YX Bridge Training Program. The YX Bridge

Training Program includes the following subjects:

Basic Indoctrination: 40 hours g/s

CRM: 6 hours g/s

Security: 4 hours g/s

HAZMAT: 1 hour g/s

Captain Command: 4 hours g/s

Systems: 18 hours g/s

SIT/CPT: 3 hours

SIM: 8 hours / 2 sim sessions

SIM Proficiency Check LOFT: 4 hours

Emergency Training Classroom: 8 hours g/s

Emergency Training Drills: 1 hour g/s

General Operational Subjects: 4 hours g/s

The Republic EMB-170-200 is identical in all relevant operational respects to those

operated by Shuttle, and the procedures of Republic and Shuttle for operating the EMB-
Petition of Republic Airline Inc.

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170-200 are identical in all relevant respects. Any differences would be trained during the

YX Bridge Training Program outlined above and experienced during the 12 hours of IOE

at Republic.

As was the case with the FAA exemptions previously granted to Shuttle, Atlantic

Coast Airlines, and petitioner Republic to permit trained and experienced pilots to transfer

on the same aircraft type without repeating the IOE and, for captains, the FAA observation

requirements, Republic would be operating the same type of aircraft with the same crews

who have been operating this type and model of aircraft for Shuttle, on a similar route

structure and operating environment, and only after successfully completing the rigorous

YX Bridge Training Program. Accordingly, granting this exemption would result in an

equivalent level of safety.

In sum, there is no compelling safety or public policy reason for these pilots to be

required by Republic to “re-meet” or “repeat” the full IOE and FAA observation

requirements. Clearly, any §121.434 IOE and FAA observation requirements would be

entirely duplicative of those already accomplished by these same pilots while employed by

Shuttle. Such redundant activities would not enhance safety, but would require a

substantial commitment of both company and FAA resources to complete, delaying the

transition and use of these pilots on Republic aircraft, all without any incremental benefit.

Not only is there no safety, policy or practical reason to re-accomplish all 25 hours

of pilot IOE and the captain FAA observation experience on the same type of aircraft, but

to do so would impose a significant burden on Republic, on the FAA, and on the traveling

public. First, the IOE provisions of §121.434(c) otherwise require that each pilot operate

25 hours with an IOE-qualified check airman. Due to scheduling restrictions, along with

flight and duty time requirements, completion of the IOE requirements can take five to ten

days. Republic anticipates that there could be an unworkable backlog if the pilots are

required to repeat the full 25 hours of IOE. Moreover, each pilot who is a captain would

then need to wait for FAA inspectors to be available to conduct an observation flight. The

FAA has limited resources and staffing challenges (even before sequestration and recent

budget cuts), and Republic believes that it would be difficult and time-consuming for the

FAA to be able to schedule and conduct observation flights quickly, efficiently, and timely

for such captains, an unnecessary burden on the FAA particularly when these captains have

already demonstrated their proficiency in observation flights with the EMB-170 aircraft

while operating under Shuttle’s operating certificate.

Republic’s POI supports granting this exemption to Republic. Republic has

conferred with its POI at the Indianapolis FSDO about this exemption request, and he

supports this narrowly-tailored exemption request so long as 12 hours of IOE (but not the

full 25 hours) would still be required for the transitioning Shuttle pilots on the Republic

EMB-170-200 aircraft.
Petition of Republic Airline Inc.

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FAA precedent also fully supports granting this exemption to Republic. The

FAA previously granted similar relief to petitioner Republic and other carriers, including

Shuttle, under very similar circumstances. See Docket FAA-2005-23348, Exemption No.

8687 (Republic); Docket FAA-2005-21734, Exemption No. 8586 (Shuttle); Docket FAA2011-0896, Exemption No. 10351 (Shuttle), extension denied Exemption No. 10351A.

For example, by Exemption No. 8687, dated February 8, 2006, the FAA granted identical

relief to Republic from §121.434(c) to “allow Republic pilots to use the 25 hours of

operating experience obtained while operating under the [US Airways, Inc. d/b/a]

MidAtlantic air carrier operating certificate” and to “allow the Republic pilots in command

(PIC) to receive credit for the required FAA observation acquired while that PIC was

operating under the MidAtlantic air carrier operating certificate.” Exemption No. 8687. In

fact, the exemption sought here with respect to the IOE is narrower than that previously

granted in those other cases in that Republic is only seeking credit for 13 of the 25 IOE

hours required, not all 25 hours (as in those other cases).

FAA’s recent denial of Shuttle’s petition for an extension of its exemption from

121.434(c) is not dispositive of this Petition. The denial of Shuttle’s requested extension,

Exemption No. 10351A, is readily distinguishable in important respects from the

exemption Republic is seeking in this Petition.

 This Petition does not seek the extension of a longstanding exemption or an

exemption “to be operative indefinitely”, but rather is seeking an exemption

needed “to meet limited or short term requirements of the carrier[].”3

 This Petition provides details about the similarities between the aircraft,

such as the same cockpit layouts, the same engines, and the same flight

handling characteristics; the operating procedures; and the route structures;

as well as the YX Bridge Training Program.4

 This Petition describes the resulting burdens on Republic and the FAA if

this Petition is denied.

 This Petition seeks only a partial reduction of IOE hours; it does not seek an

exemption from all 25 hours of the IOE requirement under §121.434(c), just

13 of the 25 IOE hours. This Petition is therefore far narrower than any of

the prior exemptions granted by the FAA from this requirement.

 This Petition has the support of Republic’s POI.

3

Shuttle Exemption No. 10351A, at 3.

4

Id. at 2.
Petition of Republic Airline Inc.

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The FAA’s letter denying Shuttle’s extension request relies on and quotes FAA

Notice 8900.197. But that Notice has no applicability to this Petition. First, although the

Notice was not attached to the FAA’s denial of Shuttle’s request for an extension of its

exemption, that Notice relates to “Part 135 training programs and training/checking credit”,

but Republic is a Part 121 air carrier. Second, Notice 8900.197 posted on the FAA’s

website has apparently been cancelled – “Cancellation Date: 9/14/13.”

In sum, the recent denial of Shuttle’s exemption extension request has no bearing

on Republic’s Petition. As explained above, a grant of Republic’s requested exemption

would be in the public interest, would provide an equivalent level of safety, would be

consistent with FAA precedent, and is supported by Republic’s POI.

Republic is willing to accept conditions and limitations similar to those previously

applied to Shuttle, Republic, and ACA upon grant of similar exemption authority. This

request arises from a highly unique set of circumstances, distinct from the general class of

persons subject to the affected sections, so as to justify relief by way of exemption, rather

than through the general rulemaking process.

III. Good Cause Exists for Waiving the Federal Register Publication Requirement

and the Advance-Filing Deadline.

Pursuant to 14 C.F.R. §11.87, the publication and comment procedures of Part 11

may be waived if “good cause” is shown in the exemption petition that action on the

petition should not be delayed by the publication and comment procedures. In determining

whether or not such “good cause” is shown, the FAA may consider, among other factors,

whether delay in acting on the petition would adversely affect the petitioner and whether

the grant of exemption would set a precedent. 14 C.F.R. §11.87(a),(c). No new precedent

would be set in granting the requested exemption since this request closely mirrors (indeed,

is narrower than) the exemptions issued to Shuttle in Dockets Nos. FAA-2005-21734 and

FAA-2011-0896, to Republic in Docket No. FAA-2005-23348, and to ACA in Docket No.

FAA-2001-9283. Indeed, the FAA did not publish a summary of the most recent initial

petition (Shuttle’s) for this same exemption from §121.434(c). See Exemption No. 10351.

There is no reason for a different result here. If the FAA deviates from past practice and

precedent and nonetheless determines that publication is somehow warranted, a summary

of this Petition for an exemption is contained in Attachment 1. In addition, although stated

as a general guideline for the filing of petitions for exemption (14 C.F.R. §11.63(d)), a

waiver of the requirement that petitions be submitted 120 days before the proposed

effective date of the exemption is likewise warranted in this case.

Republic respectfully submits that delay in processing this Petition would adversely

affect the carrier, as well as potentially American and the traveling public, and that waiver

of the Federal Register publication requirement and the advance-filing deadline will not set

a precedent. To achieve the clear benefits noted above, Republic needs to begin the
Petition of Republic Airline Inc.

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transition of the EMB-170 crewmembers from Shuttle to Republic on an accelerated

timetable, with up to eight pilots expected to complete the YX Bridge Training Program

over the next few months, and with the first class of four pilots ready for IOE training by

December 15, 2013. Clearly, the Federal Register publication requirement will cause this

timeline to be substantially and unnecessarily delayed, to the detriment of the Petitioner

and of the traveling public, and will result in delaying the benefits that will accrue by

having the EMB-170 operations conducted under Republic’s certificate. In addition, there

is ample precedent to support granting Republic’s Petition. Therefore, consistent with the

provisions of §11.87, Republic respectfully requests that the FAA waive publication of a

summary of this request in the Federal Register and the 120-day advance-filing deadline.

IV. Conclusion.

WHEREFORE, for the reasons set forth herein, Republic hereby requests that it be

relieved of the requirements of 14 C.F.R. §121.434(c) to the extent necessary to allow

Republic’s pilots to use 13 of the 25 hours of IOE they obtained while operating under the

operating certificate of sister carrier, Shuttle, and for PICs to receive credit for the required

FAA observation acquired while those PICs were operating under the Shuttle operating

certificate.

Respectfully Submitted,

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

555 Thirteenth Street, N.W.

Washington, D.C. 20004

(202) 637-4999/5659

Robert.Cohn@hoganlovells.com

Patrick.Rizzi@hoganlovells.com

Counsel for

Republic Airline Inc.

cc: Kevin Thomas, POI, Indianapolis FSDO

Jeff Davis, Director of Operations, Republic Airline Inc.
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ATTACHMENT 1

FEDERAL REGISTER SUMMARY

As stated in the foregoing Petition, Republic Airline Inc. respectfully requests a

waiver of the publication and comment requirements under 14 C.F.R. §11.87.

Nevertheless, in accordance with §11.81(f), a summary of this Petition for Exemption for

publication in the Federal Register is as follows:

Docket No.: FAA-2013-

Petitioner: Republic Airline Inc.

Section of the FAR Affected: 14 CFR §121.434

Description of Relief Sought: Republic Airline Inc. (“Republic”) requests

an exemption from the requirements of 14 C.F.R. §121.434(c) to the extent

necessary to allow Republic’s pilots to use 13 of the 25 hours of initial

operating experience they obtained while operating EMB-170 aircraft under

the Shuttle America Corporation (“Shuttle”) air carrier operating certificate,

and for Republic’s pilots-in-command (PICs) to receive credit for the required

FAA observation acquired while those PICs were operating EMB-170 aircraft

under the Shuttle air carrier operating certificate.