Hyannis Air Service, Inc. d.b

.a. Cape AirI NantucketAirlines 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 ofTransportation Docket Management Facility 1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 660 BARNSTABLE ROAD HYANNIS)MA02601 508-790-3122

Hyannis Air Service, Inc. d.b.a. Cape Air I NantucketAirlines 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 considerthe duty ofan aircarrierto provide service with the highestpossible degree of safety. With this in mind, Cape Air believes that by supporting our petition that 1Hyannis 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

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 aircommerce. (2) Regulating aircommerce in a way thatbestpromotes 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

2Hyannis AirService, Inc. d.b.a. Cape AirI NantucketAirlines Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) Ref: Petition Regulatory Docket No: 2013-0874

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 ofthis 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 part23 certificatedpiston 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 commun ities. 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 3Hyannis Air Service, Inc. d.b.a. Cape Air I NantucketAirlines 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 assoc i ated wit h 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 i ts discretion permitted under the statute and reduced the mandated A TP certificate cost by establ ishing 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 train ing 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 smal l 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 ofthe ATP designated examiner

# xll pilots= payroll/ per pilot = · 2 weeks hotel and per diem per pilot= Total per person = Total per annum


### 4Hyannis Air Service, Inc. d.b.a

. Cape AirI 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 ATP 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 aircarriers 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 ofthe 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 theATP-CTP FSTD training topics are necessary to reinforce the academic topics and to address the requirements ofthe 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". 

### 5Hyannis AirService, Inc. d.b.a. Cape AirI 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 conflictwith 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 CT P 

### is designed to teac h hi gh-level concepts that are applicable to operating all large transport aircraft . It will increase knowledge through academic introduction t o 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 andrecovery) with cont i nuous instructorexplanation andfeedback. "
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 ofthis law state: "the Admi nistrator shall conduct rul emaking to require part 121 air carriers to provide flight c rewmembers with ground and flight training or flight simulator training to recognize and avoid a stall ofan aircraftor , ifnot 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, andseries ofaircraft". Here, the law specifically focused on 14CFR part 121 air carriers, but the FAAs final rule included Part 135 scheduled aircarriers

. 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 ofthe 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 train ing

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

" the NTSB commented that, because simulators may not be able to accuratelyportray stalls and upset recovery , the FAA should allow flexibilityin determini ng what level of simulation orautomation is appropriate forspecific training". 6Hyannis Air Service, Inc

. d

.b.a. Cape AirI 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 onlygenerally true,"and "do notrequire the applicants to perform the maneuvers toproficiency," 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 PL111-216, 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 practicaltests will be conducted in the actual aircraft to ATP standards. 

### Training:
The new ATP certification rules mandates that each ATP candidate receive 6 hours oftraining in "level Corhigher"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 oftheir 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 PL111-216, and is what Cape Air desires to offer its pilots- and just as importantly, its passengers. 

### 7Hyannis 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: Grantas Petitioned Cape Air requests that PIC (Captain) candidates, who possess at least 1,500 total flight hours, as well as all otherflight 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


### 8 

# I I**~** I**~** l I

# I I IHyannis 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 GrantofOriginal Submission withAdditionalSafetyEnhancements (Oras revisedbyFAA with additional conditions andlimitations) 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 

### 9Hyannis 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 ofthis 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 ofan alternate means of compliance that actually, and without a doubt, achieves a high level ofsafety in our scheduled passenger carrying operations. Summary conclusion
As you will determine after read ing this petition, Cape Air:
10Hyannis Air Service, Inc. d.b.a. Cape AirI NantucketAirlines Petition For Reconsideration I Exemption to 14 CFR 119.21(a)(4), 135.243(a)(1) Ref: Petition Regulatory Docket No: 2013-0874

• Operates to 

### Ifrom unique rural and small airport environments, • Operates unique 14CFR part 23 certificated aircraft, • Is only 1 of28 commuters (this equates to less than 1% ofall air carriers in the US), • Has just purchased the first advanced flight simulation train ing device made for the C402C aircraft, • Has been unintentionally, and adversely, impacted by recent FAA rulemaking, • Has offered an alternate method ofcompliance to the existing regulations that provides foran increased level ofsafety, and · • The FAA has the authorityto 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 ifwe can be ofassistance in clarifying any ofthe provisions cited herein

. Sincerely,

# &A4~2' fhu?Jv

President & ChiefAdministrative Officer Hyannis Air Service, Inc. d

.b

.a

. Cape Air/Nantucket Airlines 660 Barnstable Road Hyannis, MA02601 Linda.Markham@capeair.com (508) 862-9775

11