BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Petition of 

SHUTTLE AMERICA CORPORATION 

for an exemption from 14 C.F.R. § 121.434 

 

Docket FAA-2011-_____________ 

PETITION OF SHUTTLE AMERICA CORPORATION 

FOR AN EXEMPTION

Communications with respect to this document should be addressed to: 

Robert E. Cohn 

Sheryl R. Israel 

HOGAN LOVELLS US LLP 

555 Thirteenth Street, NW 

Washington, DC 20004 

+1.202.637.4999/8898 (direct phone) 

+1.866.728.1992 (direct fax) 

Robert.Cohn@hoganlovells.com 

Sheryl.Israel@hoganlovells.com 

Counsel for 

SHUTTLE AMERICA CORPORATION 

Dated: August 16, 2011 
 

BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Petition of 

SHUTTLE AMERICA CORPORATION 

for an exemption from 14 C.F.R. § 121.434 

 

Docket FAA-2011-_____________ 

PETITION OF SHUTTLE AMERICA CORPORATION 

FOR AN EXEMPTION

Shuttle America Corporation (“Shuttle”) is currently in the process of transitioning 

fourteen EMB-170 aircraft that have been operated by Shuttle’s sister company, Republic 

Airline Inc. (“Republic”)1/, along with up to 75 flight crew members who have been 

operating those very same aircraft for Republic. For the reasons discussed below, and 

consistent with established FAA precedent 2/, Shuttle hereby petitions the Federal Aviation 

Administration (“FAA”), pursuant to 14 C.F.R. Part 11, for an exemption from certain of the 

requirements of 14 C.F.R. § 121.434(c) to the extent necessary to allow Shuttle and its pilots 

to count certain operating experience acquired or accomplished on EMB-170 aircraft as pilots 

under Republic’s certificate, without requiring (1) these pilots to repeat 25 hours of EMB-170 

initial operating experience (IOE) requirements set forth in § 121.434(c)(3)(i), and (2) the 

captains (pilots in command) to repeat the FAA observation requirements set forth in 

§ 121.434(c)(1)(ii). Each of the affected Shuttle pilots/captains has already successfully met 

these requirements on the same aircraft type (indeed, the very same aircraft) at Republic. 

 

1/ Shuttle and Republic are wholly-owned subsidiaries of Republic Airways Holdings Inc. 

2/ See, Exemption No. 8586 (Shuttle); Exemption 8687 (Republic), and Exemption No. 7539 

(Atlantic Coast Airlines, Inc. (“ACA”)).
Petition of Shuttle America Corporation 

Page 2 

 

A summary of this petition for exemption is contained in Attachment 1. 14 C.F.R. 

§ 121.434 is set forth in full in Attachment 2 hereto. 

As explained herein, good cause exists for the FAA 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. No new precedent will be established by granting the 

requested exemption to Shuttle. In fact, grant of this exemption request would be consistent 

with established precedent. See FAA Exemption Nos. 8586, 8687 and 7539. 

For the reasons discussed below, Shuttle respectfully requests expedited action on this 

request by no later than September 10, 2011. Shuttle expects to have five of the former 

Republic EMB-170 aircraft added to its Operations Specifications by the end of August. The 

first class of twelve pilots has already started an EMB-170 extensive bridge training program 

at Shuttle to transition from Republic to Shuttle. Shuttle expects that this first class will 

complete Shuttle’s bridge training on or about September 12, 2011. In the absence of an 

exemption, the twelve pilots would then have to begin the otherwise-required 25 hours of IOE 

training. Since these pilots already have substantial operating experience for consolidation of 

knowledge and skills while flying for Republic on the very same EMB-170 aircraft, 

exceeding the requirements of §121.434, Shuttle submits that it would be in the public interest 

to grant an exemption so that they would not be required to repeat the full 25 hours of 

EMB-170 IOE training and the FAA observation requirements for captains set forth in 

§ 121.434(c). Prompt grant of an exemption will allow these 12 pilots (followed by the rest of 

the transitioning pilots) to be ready for line flying as soon as they complete the Shuttle bridge 

training. 
Petition of Shuttle America Corporation 

Page 3 

 

I. BACKGROUND. 

Delta Air Lines, Inc. (“Delta”) recently notified Shuttle that it needed Shuttle to 

provide additional capacity as soon as possible and operate additional aircraft as 

Delta Connection flights. In response to this request, Shuttle is transitioning fourteen EMB170 aircraft from Republic so that Shuttle can operate these aircraft as Delta Connection 

flights. To meet this immediate need, Shuttle has developed a bridge program to transition 

the fourteen EMB-170 aircraft. Five of the aircraft will be on Shuttle’s Operations 

Specifications by the end of August 2011, and the remaining aircraft will be transitioned over 

the next few months, so that all fourteen aircraft are expected to be transitioned to Shuttle’s 

certificate by the end of the 1st quarter of 2012. Shuttle anticipates that up to 75 Republic 

pilots who have been operating the EMB-170 aircraft will also transition to Shuttle. 

The Republic pilots transitioning to Shuttle are currently 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 FAR § 121.434(c). In addition to the training and 

experience that these pilots already have, each transitioning pilot will be required to 

successfully complete Shuttle’s EMB-170 bridge training program, which includes the 

following additional training: 

• 40 hours of Shuttle Indoctrination Training; 

• 8 hours of Aircraft Systems Training; 

• 16 hours General Operating Subjects; 

• 24 hours of other ground training subjects relating to security, hazmat, 

emergency equipment, command leadership training, and CRM; 

• 8 hours of Systems Integration Training; 
Petition of Shuttle America Corporation 

Page 4 

 

• 2 Simulator Training sessions, an FAA 121.441 Proficiency Check in 

the Simulator and a L.O.F.T. 

Shuttle 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 Republic. Rather, Shuttle is seeking an 

exemption only from the provision of § 121.434(c) that would require these pilots to repeat

the full 25 hours of IOE and the captains to repeat the FAA observation otherwise required 

thereunder. 

II. GRANT OF AN EXEMPTION IS IN THE PUBLIC INTEREST AND WILL 

PROVIDE AN EQUIVALENT LEVEL OF SAFETY. 

As was the case with the FAA exemptions granted to Shuttle, Republic, and ACA to 

permit the pilots to transfer without repeating the IOE and FAA observation requirements for 

captains, Shuttle intends to operate the same aircraft, with the same crews that have been 

operating these aircraft by Republic, on a similar domestic U.S. route structure and operating 

environment. 

All of the pilots who will transition from Republic to Shuttle have significant training 

and operating experience at Republic. The training and operating procedures used by 

Republic are very similar to those in place at Shuttle. In fact, Shuttle’s and Republic’s 

training programs and their pilot Standard Operating Procedures for the EMB-170 aircraft are 

almost identical. Since the Republic pilots transferring to Shuttle have extensive operating 

experience in the same EMB-170 aircraft using virtually the same procedures as in place at 

Shuttle operating on a similar route structure and operating environment, and since they will 
Petition of Shuttle America Corporation 

Page 5 

 

also undergo a rigorous EMB-170 bridge training program to transition to Shuttle, safety will 

not be compromised in granting this request. In short, there is no compelling safety or public 

policy reason for these pilots to be required to “re-meet” the IOE and FAA observation 

requirements when they transition to Shuttle. 

Although seeking an exemption from FAR § 121.434, Shuttle is not requesting that it 

be relieved from meeting the pilot experience and captain observation requirements. Rather, 

Shuttle submits that these requirements have already been completely and effectively met 

while the pilots were at Republic. Shuttle is simply requesting that the FAA “count” the IOE 

and FAA observations that were accomplished while the pilots were employed by Republic. 

In this instance, the Republic pilots being transferred were originally trained and 

checked and gained experience in the same EMB-170 aircraft using virtually identical 

operating procedures and programs as they will use at Shuttle. Clearly, any FAR §121.434 

IOE and FAA observation requirements would be entirely duplicative of those already 

accomplished by these same pilots while employed by Republic. Such redundant activities 

would not enhance safety, but would require a substantial commitment of both company and 

FAA resources to complete, and would delay implementation of important services, all 

without any incremental benefit. 

Not only is there no policy or practical reason to re-accomplish pilot checking and 

operating experience under these unique circumstances, but to do so would impose a 

significant burden on Shuttle, on the FAA and on the traveling public. Absent grant of the 

exemption requested herein, although each pilot is already fully trained and qualified to 

perform crewmember duties at Republic, and even after completing the extensive Shuttle 
Petition of Shuttle America Corporation 

Page 6 

 

bridge training program, these same pilots will technically be considered “unqualified” as 

they await completion of IOE and FAA observation. The IOE provisions of FAR § 121.434(c) 

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 up to 8 to 10 days. Shuttle anticipates that there could be an 

unworkable backlog if the pilots are required to repeat the IOE requirements. As a result, 

some of the EMB-170 aircraft that are transitioning to Shuttle may need to sit idle, causing 

disruptions to Delta’s schedules and to passengers if Shuttle is required to have each newly 

transitioned Republic pilot obtain the full 25 hours of IOE flight time with a qualified check 

airman onboard. Moreover, each pilot who is a captain would then need to wait for FAA 

inspectors to be available to conduct an observation flight. FAA has limited resources and 

staffing challenges and Shuttle believes that it will be difficult and time-consuming for FAA 

to schedule and conduct observation flights for all of these captains quickly or efficiently, 

thereby creating an unnecessary burden on FAA particularly when these captains have already 

demonstrated their proficiency in observation flights with these same EMB-170 aircraft. 

Shuttle’s bridge training program will provide the transferring pilots with extensive 

training, and will also cover any differences between Republic’s operations and Shuttle’s, 

thereby ensuring an equivalent level of safety. No useful purpose would be served by 

“re-checking” Republic EMB-170 pilots transitioning to Shuttle using the same aircraft and 

substantially similar procedures as they have used at Republic. 

Shuttle is willing to accept conditions and limitations similar to those applied to 

Shuttle, Republic and ACA upon grant of similar exemption authority. For example, the prior 
Petition of Shuttle America Corporation 

Page 7 

 

grant of an exemption to Shuttle, Exemption No. 8586, July 15, 2005, contained the following 

conditions, to which Shuttle is willing to agree: 

1. Prior to conducting operations under this exemption, SAC must obtain amended 

operations specifications that include this exemption. 

2. Operations under this exemption are limited to only those prior Chautauqua 

Airlines 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. ...SAC must develop and have approved by the FAA principal operations 

inspector, assigned to SAC, a training course that teaches the differences in manuals 

and procedures. 

4. No SAC pilot may conduct part 121 operations under this exemption until 

satisfactory compliance with Limitation No. 3. 

 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. GRANT OF AN EXEMPTION IS FULLY CONSISTENT WITH 

ESTABLISHED FAA PRECEDENT. 

FAA precedent fully supports grant of an exemption to Shuttle, as requested herein. 

FAA previously granted virtually identical relief to Shuttle under very similar circumstances 

relating to pilots that had been trained by Chautauqua Airlines, Inc. (“Chautauqua”), (which is 

also a sister corporation to Shuttle and another wholly owned subsidiary of Republic Airways 

Holdings Inc.) for EMB-170 pilots that transferred from Chautauqua to Shuttle when a 

number of Chautauqua EMB-170 aircraft transitioned to Shuttle. By Exemption 8586, dated 

July 15, 2005, FAA granted an exemption to Shuttle: 

“to the extent necessary to allow [Shuttle] pilots to use the 25 hours of operating 

experience obtained while operating under the Chautauqua Airlines, Inc., air carrier 

operating certificate. This exemption also grants relief to the extent necessary to allow 
Petition of Shuttle America Corporation 

Page 8 

 

the [Shuttle] pilots in command (PIC) to receive credit for the required FAA 

observation acquired while that PIC was operating under the Chautauqua Airlines, Inc., 

operating air carrier certificate.” (Docket FAA-2005-21734, Exemption 8586, July 15, 

2005). 

Similarly, by Exemption 8687, dated February 8, 2006, FAA granted virtually 

identical relief to Shuttle’s sister company, Republic, from § 121.434(c) to “allow Republic 

and its pilots to count certain part 121 operating experience acquired or accomplished for 

pilots on the EMB-170 while those pilots were employed by US Airways, Inc. d.b.a. Mid 

Atlantic Airways (MidAtlantic) as if that operating experience were accomplished at 

Republic.” And subject to the conditions and limitations set forth in the exemption, the 

“exemption also grants relief to the extent necessary 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.” (Docket FAA-2005-23348, 

Exemption 8687, February 8, 2006). 

In granting the previous exemptions to Republic and Shuttle, FAA determined that 

each request was similar in all material respects to the exemption that FAA had previously 

granted to ACA when Atlantic Coast Jet, Inc. (“ACJet”) had transferred its Fairchild Dornier 

328-300JET (328JET) aircraft and pilots to ACA. (Docket No. FAA-2001-9283, Exemption 

No. 7539, May 31, 2001). In granting the exemption to ACA, FAA had concluded that the 

exemption “which would permit the affected pilots who have extensive operating experience 

in the 328JET under the ACJet air carrier operating certificate, would provide an equivalent 

level of safety to permit these same pilots to now operate the 328JET under the ACA 

operating certificate subject to certain conditions and limitations.” Exemption No. 7539 at 15. 
Petition of Shuttle America Corporation 

Page 9 

 

 Shuttle’s current request for relief closely mirrors the exemptions previously granted by 

the FAA to Shuttle, Republic, and ACA, where the FAA determined that grant of the 

exemptions would provide an equivalent level of safety and was in the public interest. These 

prior decisions were all grounded on a similar set of circumstances that fully justify grant of 

the exemption relief sought herein by Shuttle. 

IV. SHUTTLE REQUESTS A WAIVER OF THE FEDERAL REGISTER 

PUBLICATION REQUIREMENT AND THE ADVANCE-FILING DEADLINE. 

A. Good Cause For a Waiver of the Federal Register Publication. 

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) and (c). No new precedent would be 

set in granting the requested exemption since this request closely mirrors the exemptions 

issued to Shuttle in Docket No. FAA-2005-21734, to Republic in Docket No. FAA-2005-

23348, and to ACA in Docket No. FAA-2001-9283. 

Shuttle respectfully submits that delay in processing this request would adversely 

affect Shuttle, as well as potentially Delta and the traveling public, and that waiver of the 

Federal Register publication requirement and the pre-filing deadline will not set a precedent. 

First, to achieve clearly stated benefits as noted above, Shuttle needs to complete the 

transition of the EMB-170 aircraft and crewmembers from Republic to Shuttle on an 
Petition of Shuttle America Corporation 

Page 10 

 

accelerated timetable, with up to 75 pilots expected to complete the bridge training over the 

next few months, and with the first class of 12 pilots ready for IOE training by September 12, 

2011. Clearly, the Federal Register publication requirement would cause this timeline to be 

substantially and unnecessarily delayed, to the detriment of the petitioner and of the traveling 

public, and would result in delay of the benefits that will accrue by having the EMB-170 

operations conducted under Shuttle’s certificate. In addition, there is ample precedent 

supporting grant of Shuttle’s petition. Therefore, consistent with the provisions of FAR 

§ 11.87, Shuttle respectfully requests that the FAA waive publication of a summary of this 

request in the Federal Register. 

B. Good Cause Exists For Waiver of the 120-Day Advance Filing. 

Although stated as a general guideline for the filing of petitions for exemption (FAR 

§ 11.63(d)), a waiver of the requirement that petitions be submitted 120 days before the 

proposed effective date of the exemption is warranted in this case. Good cause for such 

waiver is found because the petitioning carrier needs to transfer the EMB-170 qualified pilots 

immediately, without creating a pilot shortage which would adversely impact the traveling 

public and the petitioning carrier. 

Accordingly, Shuttle respectfully submits that good cause exists for waiving the 120-

day advance-filing requirement to ensure timely completion of the pilot transfer. 
Petition of Shuttle America Corporation 

Page 11 

 

V. CONCLUSION. 

WHEREFORE, for the reasons set forth herein, Shuttle hereby requests it be relieved 

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

the 25 hours of initial operating experience (IOE) obtained by pilots while operating under the 

operating certificate of its sister corporation, Republic, and for pilots-in-command (PICs) to 

receive credit for the required FAA observation acquired while those PICs were operating 

under the Republic operating certificate. 

 Respectfully submitted, 

Robert E. Cohn 

Sheryl R. Israel 

HOGAN LOVELLS US LLP 

555 Thirteenth Street, NW 

Washington, DC 20004 

1.202.637.4999/8898 

Robert.Cohn@hoganlovells.com 

Sheryl.Israel@hoganlovells.com 

Counsel for 

SHUTTLE AMERICA CORPORATION 

cc: Ms. Ellen Tatro, Indianapolis FSDO 

Wayne Heller 

Kenneth Barthel 
\\\DC - 040601/000004 - 3279530 v1 

ATTACHMENT 1 

FEDERAL REGISTER SUMMARY

As stated in the foregoing petition, Shuttle America Corporation 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-2011- 

Petitioner: Shuttle America Corporation 

Section of the FAR Affected: 14 CFR 121.434 

Description of Relief Sought: Shuttle America Corporation (“Shuttle”) 

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

extent necessary to allow Shuttle to use the 25 hours of initial operating 

experience (IOE) obtained by pilots while operating under the Republic 

Airline Inc. (“Republic”) air carrier operating certificate, and for pilots-incommand (PICs) to receive credit for the required FAA observation acquired 

while those PICs were operating under the Republic air carrier operating 

certificate. 
\\\DC - 040601/000004 - 3279530 v1 

ATTACHMENT 2 

SECTION OF FEDERAL AVIATION REGULATIONS AFFECTED: 

14 C.F.R. § 121.434 Operating experience, operating cycles, and 

consolidation of knowledge and skills. 

(a) No certificate holder may use a person nor may any person serve as a required crewmember 

of an airplane unless the person has satisfactorily completed, on that type airplane and in that 

crewmember position, the operating experience, operating cycles, and the line operating flight 

time for consolidation of knowledge and skills, required by this section, except as follows: 

(1) Crewmembers other than pilots in command may serve as provided herein for the 

purpose of meeting the requirements of this section. 

(2) Pilots who are meeting the pilot in command requirements may serve as second in 

command. 

(3) Separate operating experience, operating cycles, and line operating flight time for 

consolidation of knowledge and skills are not required for variations within the same type 

airplane. 

(b) In acquiring the operating experience, operating cycles, and line operating flight time for 

consolidation of knowledge and skills, crewmembers must comply with the following: 

(1) In the case of a flight crewmember, he must hold the appropriate certificates and 

ratings for the crewmember position and the airplane, except that a pilot who is meeting 

the pilot in command requirements must hold the appropriate certificates and ratings for a 

pilot in command in the airplane. 

(2) The operating experience, operating cycles, and line operating flight time for 

consolidation of knowledge and skills must be acquired after satisfactory completion of 

the appropriate ground and flight training for the particular airplane type and crewmember 

position. 

(3) The experience must be acquired in flight during operations under this part. However, 

in the case of an aircraft not previously used by the certificate holder in operations under 

this part, operating experience acquired in the aircraft during proving flights or ferry flights 

may be used to meet this requirement. 

(c) Pilot crewmembers must acquire operating experience and operating cycles as follows: 

(1) A pilot in command must— 

(i) Perform the duties of a pilot in command under the supervision of a check pilot; 

and 

(ii) In addition, if a qualifying pilot in command is completing initial or upgrade 

training specified in §121.424, be observed in the performance of prescribed 

duties by an FAA inspector during at least one flight leg which includes a takeoff 

and landing. During the time that a qualifying pilot in command is acquiring the 

operating experience in paragraphs (c)(l) (i) and (ii) of this section, a check pilot 

who is also serving as the pilot in command must occupy a pilot station. However, 

in the case of a transitioning pilot in command the check pilot serving as pilot in 

command may occupy the observer's seat, if the transitioning pilot has made at 

least two takeoffs and landings in the type airplane used, and has satisfactorily 

demonstrated to the check pilot that he is qualified to perform the duties of a pilot 

in command of that type of airplane. 

(2) A second in command pilot must perform the duties of a second in command under 

the supervision of an appropriately qualified check pilot. 

(3) The hours of operating experience and operating cycles for all pilots are as follows: 

(i) For initial training, 15 hours in Group I reciprocating powered airplanes, 20 

hours in Group I turbopropeller powered airplanes, and 25 hours in Group II 

airplanes. Operating experience in both airplane groups must include at least 4 

operating cycles (at least 2 as the pilot flying the airplane). 
\\\DC - 040601/000004 - 3279530 v1 

(ii) For transition training, except as provided in paragraph (c)(3)(iii) of this 

section, 10 hours in Group I reciprocating powered airplanes, 12 hours in Group I 

turbopropeller powered airplanes, 25 hours for pilots in command in Group II 

airplanes, and 15 hours for second in command pilots in Group II airplanes. 

Operating experience in both airplane groups must include at least 4 operating 

cycles (at least 2 as the pilot flying the airplane). 

(iii) In the case of transition training where the certificate holder's approved 

training program includes a course of training in an airplane simulator under 

§121.409(c), each pilot in command must comply with the requirements 

prescribed in paragraph (c)(3)(i) of this section for initial training. 

(d) A flight engineer must perform the duties of a flight engineer under the supervision of a check 

airman or a qualified flight engineer for at least the following number of hours: 

(1) Group I reciprocating powered airplanes, 8 hours. 

(2) Group I turbopropeller powered airplanes, 10 hours. 

(3) Group II airplanes, 12 hours. 

(e) A flight attendant must, for at least 5 hours, perform the assigned duties of a flight attendant 

under the supervision of a flight attendant supervisor qualified under this part who personally 

observes the performance of these duties. However, operating experience is not required for a 

flight attendant who has previously acquired such experience on any large passenger carrying 

airplane of the same group, if the certificate holder shows that the flight attendant has received 

sufficient ground training for the airplane in which the flight attendant is to serve. Flight attendants 

receiving operating experience may not be assigned as a required crewmember. Flight 

attendants who have satisfactorily completed training time acquired in an approved training 

program conducted in a full-scale (except for length) cabin training device of the type airplane in 

which they are to serve may substitute this time for 50 percent of the hours required by this 

paragraph. 

(f) Flight crewmembers may substitute one additional takeoff and landing for each hour of flight to 

meet the operating experience requirements of this section, up to a maximum reduction of 50% of 

flight hours, except those in Group II initial training, and second in command pilots in Group II 

transition training. Notwithstanding the reductions in programmed hours permitted under 

§§121.405 and 121.409, the hours of operating experience for flight crewmembers are not 

subject to reduction other than as provided in this paragraph and paragraph (e) of this section. 

(g) Except as provided in paragraph (h) of this section, pilot in command and second in command 

crewmembers must each acquire at least 100 hours of line operating flight time for consolidation 

of knowledge and skills (including operating experience required under paragraph (c) of this 

section) within 120 days after the satisfactory completion of: 

(1) Any part of the flight maneuvers and procedures portion of either an airline transport 

pilot certificate with type rating practical test or an additional type rating practical test, or 

(2) A §121.441 proficiency check. 

(h) The following exceptions apply to the consolidation requirement of paragraph (g) of this 

section: 

(1) Pilots who have qualified and served as pilot in command or second in command on a 

particular type airplane in operations under this part before August 25, 1995 are not 

required to complete line operating flight time for consolidation of knowledge and skills. 

(2) Pilots who have completed the line operating flight time requirement for consolidation 

of knowledge and skills while serving as second in command on a particular type airplane 

in operations under this part after August 25, 1995 are not required to repeat the line 

operating flight time before serving as pilot in command on the same type airplane. 

(3) If, before completing the required 100 hours of line operating flight time, a pilot serves 

as a pilot in another airplane type operated by the certificate holder, the pilot may not 

serve as a pilot in the airplane for which the pilot has newly qualified unless the pilot 

satisfactorily completes refresher training as provided in the certificate holder's approved 

training program and that training is conducted by an appropriately qualified instructor or 

check pilot. 
\\\DC - 040601/000004 - 3279530 v1 

(4) If the required 100 hours of line operating flight time are not completed within 120 

days, the certificate holder may extend the 120-day period to no more than 150 days if— 

(i) The pilot continues to meet all other applicable requirements of subpart O of 

this part; and 

(ii) On or before the 120th day the pilot satisfactorily completes refresher training 

conducted by an appropriately qualified instructor or check pilot as provided in 

the certificate holder's approved training program, or a check pilot determines 

that the pilot has retained an adequate level of proficiency after observing that 

pilot in a supervised line operating flight. 

(5) The Administrator, upon application by the certificate holder, may authorize deviations 

from the requirements of paragraph (g) of this section, by an appropriate amendment to 

the operations specifications, to the extent warranted by any of the following 

circumstances: 

(i) A newly certificated certificate holder does not employ any pilots who meet the 

minimum requirements of paragraph (g) of this section. 

(ii) An existing certificate holder adds to its fleet an airplane type not before 

proven for use in its operations. 

(iii) A certificate holder establishes a new domicile to which it assigns pilots who 

will be required to become qualified on the airplanes operated from that domicile. 

(i) Notwithstanding the reductions in programmed hours permitted under §§121.405 and 121.409 

of subpart N of this part, the hours of operating experience for flight crewmembers are not subject 

to reduction other than as provided in paragraphs (e) and (f) of this section.