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, 2011BEFORE 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 Repub lic. 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. Pa rt 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, wit hout requiring (1) th ese pilots to repeat 25 hours of EMB-170 initial operating experience (IO E) requirements set forth in § 121.434(c)(3)(i), and (2) the captains (pilots in command) to repeat th e FAA observation requirements set forth in § 121.434(c)(1)(ii). Each of the affected Shuttle pilots/captains has alre ady successfully met these requirements on the same aircraft type (ind eed, the very same aircraft) at Republic.

1 / Shuttle and Republic are wholly-owned subsid iaries of Republic Airways Holdings Inc. 2 / See, Exemption No. 8586 (Shuttle); Exemp tion 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 fo r the FAA to act on this petition without delay, and without publishing a summary in th e 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 re spectfully requests expe dited action on this request by no later than September 10, 2011. Shu ttle 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 star ted an EMB-170 extensive bridge training program at Shuttle to transition from Republic to Shuttl e. Shuttle expects that this first class will complete Shuttle’s bridge training on or a bout September 12, 2011. In the absence of an exemption, the twelve pilots would then have to begin the otherwise-re quired 25 hours of IOE training. Since these pilots already have substa ntial 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 rep eat 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 a llow these 12 pilots (followed by the rest of the transitioning pilots) to be r eady for line flying as soon as th ey complete the Shuttle bridge training.Petition of Shuttle America Corporation Page 3

I. BACKGROUND. Delta Air Lines, Inc. (“Delta”) recently no tified Shuttle that it needed Shuttle to provide additional capacity as soon as possi ble and operate additional aircraft as Delta Connection flights. In response to this request, Shuttle is tr ansitioning fourteen EMB170 aircraft from Republic so th at 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 th e aircraft will be on Shuttle’s Operations Specifications by the end of Augus t 2011, and the remaining aircraft will be transitioned over the next few months, so that all fourteen aircra ft are expected to be transitioned to Shuttle’s certificate by the end of the 1 st quarter of 2012. Shuttle antici pates that up to 75 Republic pilots who have been operating the EMB-170 ai rcraft will also transition to Shuttle. The Republic pilots transitioning to Shuttl e 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 FA R § 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 br idge 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 subj ects 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 relie ved 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 th ese 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 repea ting the IOE and FAA obser vation requirements for captains, Shuttle intends to operate the same ai rcraft, 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 tr ansition from Republic to Shuttl e 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 Oper ating Procedures for the EMB-170 aircraft are almost identical. Since the Republic pilots tr ansferring to Shuttle ha ve extensive operating experience in the same EMB-170 aircraft using vi rtually the same procedures as in place at Shuttle operating on a similar route structure and operating environment, and since they willPetition 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 comp elling safety or public policy reason for these pilots to be requi red 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 usi ng virtually identical operating procedures and programs as they wi ll 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 empl oyed by Republic. Such redundant activities would not enhance safety, but would require a substantial commitmen t 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-accomplis h pilot checking and operating experience under th ese 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 pilo t is already fully trained and qualified to perform crewmember duties at Republic, and even after completing the extensive ShuttlePetition of Shuttle America Corporation Page 6

bridge training program, these same pilots wi ll technically be consid ered “unqualified” as they await completion of IOE and FAA obser vation. 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 th e pilots are required to repeat th e IOE requirements. As a result,

some of the EMB-170 aircraft that are transiti oning to Shuttle may need to sit idle, causing disruptions to Delta’s schedules and to passenge rs if Shuttle is required to have each newly transitioned Republic pilot obtain the full 25 hour s 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 observati on flights for all of these capt ains quickly or efficiently, thereby creating an unnecessary bu rden 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 transition ing 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 priorPetition 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 unde r 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 th e consolidation of trai ning 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 se t 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 S huttle and another wholly owned subsidiary of Republic Airways Holdings Inc.) for EMB-170 pilots that tran sferred from Chautauqua to Shuttle when a number of Chautauqua EMB-170 aircraft transi tioned 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 th e Chautauqua Airlines, Inc., air carrier operating certificate. This exemption also gran ts relief to the extent necessary to allowPetition 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 opera ting under the Chautauqua Airlines, Inc., operating air carrier certificate.” (D ocket FAA-2005-21734, Exemption 8586, July 15, 2005).

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

identical relief to S huttle’s sister company, Republic, fr om § 121.434(c) to “allow Republic and its pilots to count cert ain part 121 operating experien ce acquired or accomplished for pilots on the EMB-170 while those pilots we re employed by US Airways, Inc. d.b.a. Mid Atlantic Airways (MidAtlantic ) as if that operating expe rience were accomplished at Republic.” And subject to the conditions a nd limitations set forth in the exemption, the “exemption also grants relief to the extent ne cessary 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 Re public and Shuttle, FAA determined that each request was similar in all material respect s 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 pilo ts who have extensive operating experience in the 328JET under the ACJet air carrier operati ng certificate, would provide an equivalent level of safety to permit these same p ilots 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 TH E 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 th e exemption petition that action on the petition should not be delayed by the publication and comm ent 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 poten tially 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 stat ed benefits as noted above, Shuttle needs to complete the

transition of the EMB-170 aircraft and cr ewmembers from Republic to Shuttle on anPetition of Shuttle America Corporation Page 10

accelerated timetable, with up to 75 pilots expe cted 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 de layed, to the detriment of the petitioner and of the traveling public, and would result in delay of the bene fits 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. Theref ore, consistent with the provisions of FAR § 11.87, Shuttle respectfully requests that the F AA 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 th e 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 wa rranted 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 whic h would adversely im pact 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 ti mely completion of the pilot transfer.Petition of Shuttle America Corporation Page 11

V. CONCLUSION. WHEREFORE, for the reasons set forth herei n, 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 sist er corporation, Republic, and for pilots-in-command (PICs) to receive credit for the required FAA observati on acquired while those PICs were operating under the Republic operati ng 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, S huttle America Corporation respectfully requests a waiver of the publication and comm ent 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 AVIATI ON REGULATIONS AFFECTED: 

### 14 C.F.R. § 121.434 Operating experience, operating cycles, and consolidation of kn owledge 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, re quired 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, operat ing 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 ai rplane, except that a pilot who is meeting the pilot in command requirements must hold t he 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 fo r 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 ai rcraft 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 comm and 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 ty pe 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 opera ting 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 ai rplane 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 gr oups must include at least 4 operating cycles (at least 2 as the pilot flying the airplane). (iii) In the case of transition traini ng where the certific ate 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 th is 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 dutie s of a flight attendant under the supervision of a flight attendant super visor qualified under this part who personally observes the performance of these duties. Howeve r, operating experience is not required for a flight attendant who has previously acquired su ch experience on any large passenger carrying airplane of the same group, if the certificate hol der 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 trai ning time acquired in an approved training program conducted in a full-scale (except for lengt h) 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 additio nal 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 tr aining, and second in command pilots in Group II transition training. Notwithstanding the redu ctions in programmed hours permitted under §§121.405 and 121.409, the hours of operating ex perience 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 exper ience required under paragraph (c) of this section) within 120 days after the satisfactory completion of: (1) Any part of the flight maneuvers and proced ures 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 ti me for consolidation of knowledge and skills. (2) Pilots who have completed the line operatin g 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 pi lot in command on the same type airplane. (3) If, before completing the requi red 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 t he pilot has newly qualified unless the pilot satisfactorily completes refresher training as provided in the certif icate holder's approved training program and that training is conducte d 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 sa tisfactorily completes refresher training conducted by an appropriately qualified instru ctor or check pilot as provided in the certificate holder's appr oved training program, or a check pilot determines that the pilot has retained an adequate leve l of proficiency after observing that pilot in a supervised line operating flight. (5) The Administrator, upon application by t he certificate holder, may authorize deviations from the requirements of paragraph (g) of this section, by an appropriate amendment to the operations specifications, to the ex tent 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 esta blishes a new domicile to wh ich 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 par agraphs (e) and (f) of this section.