AFS-11-429-E September 6, 2011

Exemption No. 10351 Regulatory Docket No. FAA-2011-0896

Robert E. Cohn, Esq. Counsel for Shuttle America Corporation Hogan Lovells US, LLP 555 Thirteenth Street, NW. Washington, DC 20004

Dear Mr. Cohn:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated August 16, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Shuttle America Corporation (Shuttle America) for an exemption from § 121.434(c) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Shuttle America and its pilots to count certain part 121 operating experience acquired or accomplished on EMB-170 aircraft while those pilots were employed by Republic Airline, Inc., as if that operating experience were accomplished at Shuttle America.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Shuttle America.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 7539 (copy enclosed), the FAA found that an exemption would provide an equivalent level of safety.2

That exemption permitted the affected pilots, who had acquired extensive operating experience in the 328JET under the Atlantic Coast Jet, Inc., air carrier operating certificate, to now operate the 328JET under the Atlantic Coast Airlines operating certificate.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 7539;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 7539 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Shuttle America Corporation an exemption from 14 CFR § 121.434(c) to the extent necessary to allow Shuttle America pilots to use the 25 hours of operating experience obtained while operating under the Republic Airline, Inc., air carrier operating certificate. This exemption also grants relief to the extent necessary to allow the Shuttle America pilots in command (PIC) to receive credit for the required FAA observation acquired while that PIC was operating under the Republic Airline, Inc., operating air carrier certificate. This exemption is subject to the conditions and limitations described

below.

Conditions and Limitations

1. Prior to conducting operations under this exemption, Shuttle America must obtain amended operations specifications that include this exemption.

2. Operations under this exemption are limited only to those prior Republic Airline, Inc., pilots who have completed the consolidation of training requirements set forth in § 121.434 as of the date of the issuance of this exemption.

3. Shuttle America must develop and have approved by the FAA principal operations inspector, assigned to Shuttle America, a training module or modules that address the specific differences identified between Republic Airlines, Inc., flightcrew operating procedures and those of Shuttle America. These differences must be addressed and all affected pilots must pass a written/oral test that adequately evaluates the pilot’s knowledge of the subject differences.3

4. No Shuttle America pilot may conduct part 121 operations under this exemption until satisfactory compliance with Limitation No. 3.

This exemption terminates on September 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

David C. Gillion Acting Deputy Director, Flight Standards

Service

Enclosure