Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14'CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

September 17, 2014 

US Department of Transportation 

Docket Management Facility 

1200 New Jersey Avenue, SE West 

Building Ground Floor Room W12-140 

Washington, DC 20590 

660 BARNSTABLE ROAD 

HYANNIS) MA 02601 

508-790-3122 

Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

Dear Administrator Huerta, 

Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines is a scheduled air carrier 

certificated under Title 14 Code of Federal Regulations (14 CFR) Part 119.21 (a)(4) and subject 

to the commuter operating rules contained in 14 CFR Part 135. We currently operate to/from 

42 airports, many of which are very small and/or highly remote, within the United States and 

the Caribbean. We employ 146 pilots to conduct our scheduled part 135 operations and 

support our nation's Essential Air Service (EAS) Program in several regions of the United 

States. Our fleet consists of 4 Britten-Norman Islanders and 76 Cessna 402C, 9-seat, pistondriven, unpressurized, 14CFR Part 23 aircraft, and we are proud to note that we have 

conducted our scheduled part 135 operations without a .fatal accident since beginning service 

over 25-years ago. Because of our company's strong commitment to aviation safety, and due 

to the unique services provided by Cape Air, we have grown to become the largest Cessna 

402C operator in the world. 

Cape Air recognizes and fully supports the Federal Aviation Administration's (FAA) authority 

cited in 49 United States Code (U.S.C.) 44701(a) to prescribe regulations, and minimum 

standards, in the interest of aviation safety, and continuously collaborates with our Boston 

Flight Standards District Office to promote Section 44702 of 49 U.S.C. that requires the FAA 

Administrator to consider the duty of an air carrier to provide service with the highest possible 

degree of safety. With this in mind, Cape Air believes that by supporting our petition that 

1 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-087 4 

includes the incorporation of advanced Cessna 402C simulation into our pilot training program, 

the FAA would be acting in accordance with Title 49 U.S. C. Chapter 401 of subpart I, part A, 

Section 40101(d), that states the "Administrator shall consider the following as being in the 

public interest": 

(1) ... Enhancing safety ... in air commerce. 

(2) Regulating air commerce in a way that best promotes safety 

Cape Air respectfully requests the FAA reconsider our previously submitted Petition for 

Exemption, and take into account the material information contained herein that supports our 

Petition for Reconsideration and exemption to 14CFR 119.21 (a)(4) and 135.243(a)(1). 

Justification for a Petition for Reconsideration: 

In our original petition for exemption, Cape Air failed to provide sufficient material facts that led 

to an early denial of its petition. We intentionally avoided submitting Cape Air proprietary 

information, but now feel this information is critical to the FAAs full understanding of our 

request. Furthermore, the lack of sufficient detail in our earlier submission may have been a 

contributing factor that led to the FAAs initial nonconcurrence and therefore, we have 

submitted the facts and supporting information necessary to permit the FAA to Grant, or 

Partially Grant, our petition. 

We believe that after reviewing the contents of this petition, you will find that we have not only 

justified this petition by outlining an equivalent level of regulatory compliance, as required by 

14CFR Part 11, but we have submitted for your approval a program that will ensure our PIC 

candidates receive PIC training at a level greater than what is currently required in 14CFR Part 

135 as well as the newly enacted ATP-CTP training standards. 

Specific Sections of 14 CFR from which Cape Air Seeks Exemption: 

14 CFR Part 119.21 (a)(4) 

14 CFR Part 135.243 (a)(1) 

14 CFR Part 61.35 (a)(2), if necessary 

14 CFR Part 61 .156 (a-b), if necessary 

Essential Background Information 

Because of the unique operations conducted by Cape Air, we are able to provide small, 

remotely located, communities with scheduled air transportation services. Many of these 

smaller towns need Federal support via the Essential Air Service (EAS) Program, a Federal 

program established to ensure small communities receive the essential support that comes 

from reliable air transportation. The EAS program was put into place to guarantee that small 

communities could be served by air carriers in order to maintain a minimal level of scheduled 

air service that ensures they retain a link to the national air transportation system. Without 

programs like the EAS, along with the very few remaining scheduled part 135 air carriers able 

2 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-087 4 

to conduct operations with small piston aircraft like ours, EAS service in these remote 

communities would not be possible. 

Over the past 25 years, Cape Air has been able create new markets for air travelers that were 

once only served by cars or boats. By utilizing small, but powerful, multiengine Britten-Norman 

Islanders and Cessna 402C aircraft, with a seating capacity of 9-passenger seats, Cape Air 

has played a vital role in maintaining the needed air transportation services of rural America. 

Watershed events in Scheduled 14CFR Part 135 Service 

In 1996, a major change occurred in the scheduled air transportation service industry. The 

FAA implemented a concept of "one level of safety". With the adoption of 14CFR Part 119, and 

select revisions to 14CFR part 121 , the FAA required all 14CFR part 135 scheduled air carriers 

operating turbine powered aircraft to comply with the 14 CFR part 121 air carrier regulations. 

At that time, most 14CFR 135 commuter operations were conducted with turboprop aircraft. 

While the intention of this regulatory change was to raise the aircraft certification and operating 

standards of turbine powered aircraft supporting 14CFR part 121 services, the unintended 

consequences of this rule nearly eliminated the use of all smaller 9-19 seat turboprop aircraft 

in scheduled passenger service, and drastically reduced the number of 14CFR part 135 

scheduled commuter airlines to only 28, thereby making it far more difficult to service remote 

communities. Because of the safe and reliable piston-driven aircraft operated by Cape Air, we 

were not adversely impacted by these regulatory changes, and Cape Air was still able to 

voluntarily adopt many of the new safety standards applicable to aircraft supporting 14CFR 

part 121 operations. 

Then, in 2010, in response to a fatal 14CFR Part 121 air carrier accident that occurred in a 

14CFR part 25 certificated turbine aircraft (unlike Cape Air's part 23 certificated piston aircraft), 

Congress required the FAA to initiate rulemaking that focused on pilot training standards in 

14CFR Part 121 air carrier operations. The FAA embarked on several new rulemaking 

initiatives that focused on increased Airline Transport Pilot training and certification standards. 

Unfortunately, due to Cape Air's unique 14CFR part 135 scheduled aircraft operations, which 

are conducted with 9-passenger seat aircraft and require by regulation the pilots to possess an 

ATP certificate, the new regulations have unintentionally made it much more difficult to hire 

and train a sufficient number of pilots to meet the needs of the airline and further provide the 

services necessary to support our remote communities. 

Today, there are only (28) twenty-eight 14CFR part 135 scheduled air carriers certificated in 

the United States. When compared to the over 2,400 14CFR Part 121 and 135 certificated air 

carriers currently conducting operations nationwide, 14CFR 135 commuters are a di minimis 

segment of the air transportation industry. Part 135 commuters represent less than 1% of all 

U.S. certificated air carriers. When the FAA initiates general rulemaking, the agency considers 

the overall cost/benefit analysis of such rulemaking, but cannot determine the actual impact to 

any one air carrier. Adverse impacts created by general rulemaking can therefore be mitigated 

through a Petition for Exemption such as this. By granting, or partially granting, Cape Air's 

petition for exemption, the FAA will mitigate the adverse impacts caused by the ATP 

3 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

rulemaking and further enable us to create an alternate means of compliance that not only 

creates an equivalent level of safety, but fosters the development of an increased level of 

safety in Cape Air's commuter air carrier operations. 

Additional Costs of ATP Certification 

The FAA noted in the preamble of the new ATP certification rule, that "the costs associated 

with the requirement for SICs to have an A TP certificate are attributable to the statute, not to 

this regulation". In so doing, the true cost of the rule has been unfairly de-emphasized and 

actually underestimates the true cost and adverse impact created by this rule. The FAA did not 

take into account that it is much more difficult to absorb per capita pilot training costs with an 

aircraft that has 9-revenue producing passenger seats than in an air carrier aircraft that has 

50-300 revenue producing passenger seats. The true fiscal impact on our air carrier as a 

whole must not be underestimated, especially when the actual rule failed to account for the 

cosUbenefit specific to "Scheduled" part 135 operations. 

The FAA also noted that it "exercised its discretion permitted under the statute and reduced 

the mandated A TP certificate cost by establishing offsetting academic credits". Cape Air 

agrees that academia can play a vital role in the development of future air carrier pilots, 

however the academic credit offset fails to account for the time pilots must leave their current 

employer to obtain such needed training credit. Most career pilots who gain the necessary 

flight hour experience to qualify for the ATP certificate, do so at small 14CFR part 135 air 

carriers as first officers in a multi-crew aircraft or as a captain of a small single engine aircraft. 

It's given that young pilots pursuing aviation careers desire to fly larger, faster airplanes. Even 

though Cape Air has relatively few revenue producing passenger seats in each aircraft, the 

company still provides industry leading compensation packages to its pilots. But even with an 

above average compensation package for its Cessna 402C pilots, Cape Air experiences a pilot 

attrition rate of approximately - annually. To make matters worse, the regional air 

carriers that operate larger 50+ seat turbine powered, 14CFR part 25 aircraft, are today 

offering $15,000 signing bonuses to pilots who have, or are eligible for, an ATP certificate. 

This makes it much more difficult to crew aircraft under the current pilot certification standards. 

In 2014, Cape Air plans to train approximately. pilots, of which • pilots will require ATP 

certification. Under the newly adopted ATP regulations, we need to first send our PIC 

candidates to an off-site ATP-CTP training program, then have them return to complete a 

Cape Air PIC training program. Conservative estimates of the ATP training expenses are 

outlined below: 

per person I per ATP-CTP course x ailots = 

for the cost of the ATP designated examiner xll pilots= 

payroll/ per pilot = · 

2 weeks hotel and per diem per pilot= 

Total per person = Total per annum 

4 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

The projected cost associated with implementation of these new A TP certification 

requirements equates to .. of Cape Air net annual revenues. Should Cape Air not receive a 

grant, or partial grant to this petition, the substantial impact created by these new pilot 

certification regulations, and Cape Air's inability to provide in-house training, will diminish the 

company•s ability to service Its current route structure, including the essential air service flights. 

While the omission of the monetary cost of this rule may call into question the actual cost 

versus benefit to the general public who rely on scheduled 14CFR part 135 transportation, 

Cape Air still supports the intent of the rule, and wishes to provide an alternative means of 

compliance that ensures an enhanced level of safety, while not adversely impacting the 

company's ability to sustain scheduled service to airports not otherwise serviced by Part 121 

scheduled air carriers. 

Because Congress allowed the FAA to conduct rulemaking to address a perceived gap in pilot 

training, and did not specifically mandate each newly implemented ATP training requirement, 

the agency has the ability to authorize exemptions, with specific applicability, when the 

operator can properly articulate why granting the exempti.on would not adversely affect safety, 

or show how the exemption would provide a level of safety at least equal to that provided by 

the rule. · 

Advanced Simulation Training 

Cape Air has taken industry best practices and is developing an FAA approved pilot training 

program that incorporates state-of-the-art flight training simulation into its curriculum. This 

training program is based on a first of its kind Cessna 402C level-6 flight simulation training 

device (FSTD), custom manufactured for Cape Air. Unlike air carriers utilizing 14CFR part 23 

certificated aircraft, air carriers that operate with 14CFR part 25 certificated aircraft generally 

have access to level C & D flight simulators to support their pilot training programs. This 

enables those air carriers to create pilot training programs (i.e. initial, transition, upgrade, ATPCTP, etc) using aircraft simulation that mirrors the actual aircraft used in their scheduled 

service. This promotes the continued use of the pilots' newly acquired skills without fear of 

skill degradation, negative transference, and promotes the. overall safety of the air carrier 

operation. 

While the FAA has stated, the ATP-CTP training event must be conducted separate from the 

air carriers training program, the fact is, professional airline pilots will likely upgrade to Captain 

for the first time while flying for a 14 CFR part 135 on-demand operator or with one of the few 

remaining 14CFR part 135 scheduled air carriers. The FAA noted in the preamble of the Pilot 

Certification and Qualification Requirements for Air Carrier Operations rule that: 

"the FAA has concluded the ATP-CTP FSTD training topics are necessary to reinforce 

the academic topics and to address the requirements of the Act. In addition, the FAA 

agrees with those commenter's that believe the FSTD training can be non-type specific 

and not result in negative learning and therefore has decided to retain the non-type 

specific training in an FSTD". 

5 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

This statement is in direct conflict with general Safety Management System (SMS) concepts as 

well as the FAAs philosophy that advanced simulation be conducted in simulators that reflect 

the actual aircraft used in service by the airline. Additionally, nearly all NPRM comments in 

support of FAA position were submitted by aviation universities who train pilots in a general 

academic environment and only have access to one or two simulators, as well as, the 

scheduled 14CFR part 121 airlines (and their interest groups), who have direct access level C 

& D aircraft simulators that actually mirror their 14CFR part 25 aircraft. Cape Air also 

understands that any other position taken by the FAA would likely not have been costbeneficial and therefore the FAA likely elected to require non-type specific training as there are 

insufficient numbers of level C& D flight simulators to support the diverse needs of the air 

transportation industry. 

The FAA also stated: 

"Second, the A TP CTP is designed to teach high-level concepts that are applicable to 

operating all large transport aircraft. It will increase knowledge through academic 

introduction to concepts that are generallY true across all large aircraft types and then 

consolidate those same concepts through demonstration and experience in 

FSTDs. None of the training tasks will require applicants to perform maneuvers to 

proficiency, but rather experience critical events (stall onset, low energy states, upset 

prevention and recovery) with continuous instructor explanation and feedback." 

All the training requirements cited above by the FAA were taken directly from PL-111-216 

§208- Implementation of NTSB Flight Crewmember Training Recommendations. The 

provisions of this law state: 

"the Administrator shall conduct rulemaking to require part 121 air carriers to provide 

flight crewmembers with ground and flight training or flight simulator training to 

recognize and avoid a stall of an aircraft or, if not avoided, to recover from the stall; and 

to recognize and avoid an upset of an aircraft or, if not avoided, to execute such 

techniques as available data indicate are appropriate to recover from the upset in a 

given make, model, and series of aircraft". 

Here, the law specifically focused on 14CFR part 121 air carriers, but the FAAs final rule 

included Part 135 scheduled air carriers. Unfortunately, the FAA final rule failed to recognize 

the adverse impact to 14CFR part 135 scheduled operators like Cape Air. Unlike the FAA 

position, the PL further promotes the use of the exact make/model/series aircraft and permits 

the use of not only simulator training, but also permits the use of aircraft specific flight and 

ground training in lieu of simulator training. 

The FAA quoted the National Transportation Safety Board (NTSB) when it said, 

"the NTSB commented that, because simulators may not be able to accurately portray 

stalls and upset recovery, the FAA should allow flexibility in determining what level of 

simulation or automation is appropriate for specific training". 

6 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

Because the FAA acknowledged that the stall and upset recovery training is "academic" in 

nature and the "concepts are only generally true," and "do not require the applicants to perform 

the maneuvers to proficiency," Cape Air proposes to use a brand new Frasca level-6 advanced 

flight training device that will: 

• Replicate real world aircraft recovery techniques, 

• Is specific in nature to the Cessna 402C aircraft, 

• Can provide recovery techniques that can be demonstrated to ATP performance 

standards 

• Will allow training to be conducted in an FSTD that mirrors the actual aircraft controls 

and handling qualities, and 

• Will only solidify the muscle memory derived from such training and allow.Cape Air PIC 

pilots to achieve the desired learning objective inherent in PL 111-216, but in an 

environment that will produce a higher level of safety through training that is directly 

applicable to the Cape Air fleet, thereby creating a safer experience for the traveling 

public. 

With the purchase of our new Frasca, level 6, Advanced Flight Simulation Training Device 

(FSTD) that incorporates the latest FSTD technology, Cape Air will develop a stand alone 

ATP-CTP program that exceeds the requirements of the newly enacted Airline Transport Pilot 

Certification Training Program (ATP-CTP). The Frasca FSTD is the only FSTD in the world to 

simulate the Cessna 402C aircraft. We plan to work closely with the FAA Headquarters Flight 

Standards Division to maximize the allowable advanced simulation training credit that can be 

achieved with our one-of-a-kind FSTD. Our intent is to use the FSTD solely for training 

purposes; final PIC practical tests will be conducted in the actual aircraft to ATP standards. 

Training: 

The new ATP certification rules mandates that each ATP candidate receive 6 hours of training 

in "level Cor higher" flight simulators. Today, there are no simulators in existence that replicate 

the Cessna 402C aircraft. Thus, Cape Air must send ATP candidates to remote training 

centers to learn a new, different, faster, and more complex aircraft for the ATP-CTP simulator 

session (a training event that, if not previously trained, is accomplished by every air carrier as 

part of their FAA approved initial new-hire training program), and then, within days of receiving 

this "dissimilar" training, return to Cape Air to "unlearn" the aircraft specific control inputs and 

"genera!' recovery techniques specific to 14CFR part 25 turbine aircraft, (14CFR part 23 

aircraft have different handling and performance characteristics than the 14CFR part 25 

turbine aircraft), and then memorize the aircraft specific procedures, recognition techniques, 

handling and control inputs necessary to pass the Cape Air PIC flight training program. 

Again, if this program was ~eing offered by a 14CFR part 121 air carrier, the PIC applicant 

would be using aircraft simulation that would mirror the specific aircraft that is used in their 

scheduled service thereby creating skills that can be replicated in real-world passenger 

carrying operations. This is the intent of PL 111-216, and is what Cape Air desires to offer its 

pilots- and just as importantly, its passengers. 

7 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

Because of Cape Air's unique aircraft and operation, by not approving our petition, the FAA will 

be promoting the use of inferior rote memory learning - something the FAA has discouraged 

through their Fundamentals of Instruction publications for decades. Rote memory deals with 

words as opposed to ideas and relationships of mental concepts. Now, Cape Air pilots are 

forced to simply use their short term memory skills in order to be subjected (introduced) to an 

aircraft, for which the control inputs will serve no useful purpose, in order to fulfill a no-jeopardy 

training event, then will return to Cape Air only to unlearn the aircraft control inputs, and 

relearn the procedures and aircraft control inputs that will be required to pass their ATP and 

part 135 PIC checkride. This all occurs in a matter of a month as the ATP-CTP and the Cape 

Air PIC training programs are required to run in series (ATP-CTP and then the Cape Air PIC 

Training Program). Simply put, this unintended negative learning only sets the pilot up for 

failure. 

Provisions of Initial Petition: 

In our original petition, we requested that the FAA consider allowing Cape Air pilots to 

complete all the requirements necessary to satisfy the ATP certification requirements, to 

include ground and aircraft flight training, then allow that pilot to complete a practical flight test 

to ATP standards, without first completing the ATP-CTP (for all the reasons previously 

outlined). In our original petition, the pilot would not be issued an ATP certificate until 

completing another FAA ATP-CTP course and another ATP practical test, not associated with 

Cape Air. The pilot would then be authorized via this exemption to return to Cape Air to 

complete an FAA approved PIC upgrade training program for the Cessna 402C aircraft. Upon 

satisfactory completion the Cape Air Approved PIC training program, the pilot would be 

permitted to conduct scheduled 14CFR part 135 operations while possessing a Commercial 

Multiengine Aircraft pilot certificate. 

While Cape Air prefers approval of its original petition, as written, the FAA could also consider 

a, "partial grant," of this petition by adding the additional conditions and limitations outlined in 

Option 2 below: 

Summary of Exemption 

Option 1: Grant as Petitioned 

Cape Air requests that PIC (Captain) candidates, who possess at least 1 ,500 total flight hours, 

as well as all other flight time prerequisites for the ATP certificate (without any authorized flight 

time reduction) to include: 500 hours cross country flight time, 100 hours of night flight, and 75 

hours of instrument and/or flight simulation training device time, and possesses a commercial 

multiengine land pilot certificate, with instrument rating, as outlined in 14CFR part 61, and: 

• Meets the aeronautical experience required in 14CFR 61.159(a-b) 

• Successfully completes the existing FAA approved Cape Air PIC Training Curriculum 

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I 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21 (a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

• Successfully completes a practical test (flight checkride) in accordance with the FAA 

Airline Transport Pilot Practical Test Standards (PTS) (FAA-S-8081-5F), to ATP 

standards, without first completing an ATP-CTP, 

o Cape Air will submit to the FAA for approval, an ATP written exam of similar 

depth and breadth as that provided through an ATP-CTP program that can be 

used to document the pilots ATP requisite knowledge. This written exam will be 

will be taken before the ATP practical flight exam and will receive a passing 

score of 80% or higher (FAA written exams typically require a passing score of 

70% or better). 

• Exemption to be limited to Cape Air Part 135 scheduled commuter operations, 

• PIC candidate will be required to submit to another FAA approved ATP-CTP course, 

prior to conducting any testing that would lead to the issuance of a U.S. ATP certificate 

or prior to conducting operations with another scheduled part 135 or part 121 air carrier, 

• Successfully completes 15-hours of Initial Operating Experience (IOE) without any flight 

hour reduction and in accordance with 14 CFR 135.244 (b)(4), 

• Pilot would be permitted, upon· completion of the aforementioned requirements, 

restrictions, and limitations, to conduct scheduled Part 135 commuter operations only 

under the Cape Air Part 135 certificate, 

• Satisfies requirements of an Internal Evaluation Program (IEP) to evaluate Cape Air 

training written test performance and effectiveness of the training program and line 

operations. 

Option 2: Partial Grant of Original Submission with Additional Safety Enhancements 

(Or as revised by FAA with additional conditions and limitations) 

Cape Air requests that PIC (Captain) candidates, who possess at least 1,500 total flight hours, 

as well as all other flight time prerequisites for the ATP certificate (without any authorized flight 

~ime reduction) to include: 500 hours cross country flight time, 100 hours of night flight, and 75 

hours of instrument and/or flight simulation training device time, and possesses a Commercial 

Multiengine Land pilot certificate, with instrument rating, as outlined in 14CFR part 61, and: 

• Meets the aeronautical experience required in 14CFR 61.159(a-b) 

• Successfully completes the existing FAA approved Cape Air ATP-CTP Training 

Program that permits Cape Air to use a new Frasca level-6 Cessna 402C FSTD in lieu 

of a generic Level C simulator to complete the ATP-CTP training objectives. (Such 

permission may require an additional exemption to 14CFR Part 61 .35(a), and 61.156(ab) and, if necessary, is so requested. 

• Successfully passes an ATP practical flight test using a Cessna 402C aircraft 

• Upon completion on the ATP-CTP and ATP practical flight test, the pilot must 

successfully complete the existing FAA approved Cape Air PIC Training Curriculum 

• Upon completion of the aforementioned tasks, the FAA will issue an unrestricted ATP 

certificate, (or at FAAs discretion, a restricted ATP Multiengine Land Pilot Certificate, or 

9 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-0874 

the pilot will be authorized to conduct 14CFR 135 scheduled operations with a 

Commercial Multiengine Land Pilot Certificate). 

• If necessary, the exemption will be limited to Cape Air Part 135 scheduled commuter 

operations, 

• If necessary, the PIC candidate will be required to submit to another FAA approved 

ATP-CTP course, not associated with Cape Air, prior to conducting any testing that 

would lead to the issuance of a ATP pilot certificate or prior to conducting operations 

with another scheduled part 135 or part 121 air carrier if the pilot was not issued an 

unrestricted ATP certificate, 

• Successfully completes 15-hours of Initial Operating Experience (IOE) without any flight 

hour reduction and in accordance with 14 CFR 135.244 (b)(4), 

• Pilot would be permitted to conduct scheduled Part 135 commuter operations under the 

Cape Air Part 135 certificate with the pilot certificate obtained as a result of this 

exemption, 

• Satisfies requirements of an Internal Evaluation Program (IEP) to evaluate Cape Air 

training written test performance and effectiveness of the training program and line 

operations. · 

Additional Considerations 

Executive Order 13563: On January 18, 2011 , President Barack Obama issued Executive 

Order (EO) 13563 directing Federal agencies to institutionalize a culture of retrospective 

review and analysis through periodic review of existing significant regulations. As part of the 

review, each agency must determine whether any regulations should be modified, streamlined, 

expanded, or repealed so as to make the agency's regulatory program more effective or less 

burdensome in achieving its regulatory objectives. Each agency must evaluate the costs and 

benefits of current regulatory approaches and consider available regulatory alternatives that 

maximize net benefits, including consideration of potential economic, environmental, public 

health, and safety effects, distributive impacts, and equity. 

The intent of this EO was to enable flexibility within the government and allow the agencies to 

enable new technologies, such as the flight simulation training device recently purchased by 

Cape Air, to be considered when promulgating new rules or potentially rescinding old, 

outdated, regulations and/or policy. 

Because exemptions could be viewed as rulemaking of specific applicability, the cost benefit of 

this exemption could support the agencies obligations under EO 13563, by granting this 

petition, and enabling Cape Air to cost effectively enhance pilot training through the 

submission of an alternate means of compliance that actually, and without a doubt, achieves a 

high level of safety in our scheduled passenger carrying operations. 

Summary conclusion 

As you will determine after reading this petition, Cape Air: 

10 
Hyannis Air Service, Inc. d.b.a. Cape Air I Nantucket Airlines 

Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) 

Ref: Petition Regulatory Docket No: 2013-087 4 

• Operates to I from unique rural and small airport environments, 

• Operates unique 14CFR part 23 certificated aircraft, 

• Is only 1 of 28 commuters (this equates to less than 1% of all air carriers in the US), 

• Has just purchased the first advanced flight simulation training device made for the 

C402C aircraft, 

• Has been unintentionally, and adversely, impacted by recent FAA rulemaking, 

• Has offered an alternate method of compliance to the existing regulations that provides 

for an increased level of safety, and · 

• The FAA has the authority to permit an exemption to the requested rules. 

Waiver of Public Notice (Redact Proprietary Information if Published): 

Publication of notice of this petition in the Federal Register would cause unnecessary delay 

and financial loss to Cape Air. Additionally, the information in this petition also contains 

proprietary information to support the Cape Air petition for reconsideration and therefore 

should not be published for public review unless such proprietary information is redacted. 

Proprietary information contained in this petition includes all financial data, percentages, and/or 

numeric values. Time is of the essence and we look forward to, and· thank you in advance for 

your review and consideration of our petition for reconsideration. Please feel free to contact us 

if we can be of assistance in clarifying any of the provisions cited herein. 

Sincerely, 

&A4~2' fhu?Jv 

President & Chief Administrative Officer 

Hyannis Air Service, Inc. d.b.a. Cape Air/Nantucket Airlines 

660 Barnstable Road 

Hyannis, MA 02601 

Linda.Markham@capeair.com 

(508) 862-9775 

11