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March 25, 2013

By Electronic Submission

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Petition of Republic Airline Inc. for Extension of

FAA Exemption No. 9901A, Regulatory Docket No. FAA-2009-0592

Dear Sir or Madam:

Republic Airline Inc. (“Republic”) hereby petitions the Administrator of the Federal Aviation

Administration (“FAA”) pursuant to 14 C.F.R. Part 11 for an extension of FAA Exemption No. 9901A,

initially issued to Republic on July 21, 2009 and extended on April 22, 2011, exempting Republic

from the requirements of 14 C.F.R. §121.291(b)(1), thereby allowing Republic to continue to operate

Embraer ERJ-190 aircraft without conducting a partial evacuation demonstration, subject to the

conditions and limitations set forth in the exemption.1

Exemption No. 9901A terminates on July 31, 2013. Republic respectfully requests that this

exemption be extended for at least two additional years, through July 31, 2015. Republic hereby

incorporates by reference all relevant information previously submitted in the instant docket.

Republic submits that further extension of this exemption is in the public interest and will provide an

equivalent level of safety -- findings that the FAA made in granting the initial exemption to Republic.

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 extending the existing exemption previously granted to Republic.

1

Section 121.291, Demonstration of emergency evacuation procedures, prescribes in

pertinent part, as follows: “(b) Each certificate holder conducting operations with airplanes with a seating

capacity of more than 44 passengers must conduct a partial demonstration of emergency evacuation

procedures in accordance with paragraph (c) of this section upon: (1) Initial introduction of a type and

model of airplane into passenger-carrying operation...”
U.S. Department of Transportation

Federal Aviation Administration

March 25, 2013

Page 2

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Republic urges the FAA to grant this non-controversial request for an extension of Exemption

No. 9901A prior to the July 31, 2013 expiration date. In the event that the FAA does not act on this

petition prior to that date, Republic hereby invokes and relies upon the automatic extension

provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), to the extent that such relief is

consistent with the FAA’s rules, policies and procedures, in order to continue the effectiveness of

Republic’s current exemption pending the FAA’s final determination on this petition.

Republic submits the following information in further support of this request:

The purpose of the partial evacuation demonstration required by §121.291(b)(1) is to

“[d]emonstrate the effectiveness of [an air carrier’s] crewmember emergency training and

evacuation procedures.” In the Final Rule amending §121.291 in 1982, the FAA stated that

the partial evacuation demonstration “assures the FAA and the traveling public that a

part 121 certificate holder’s flight attendant training program provides a successful

evacuation if an emergency occurs. The adequacy of the certificate holder’s training program

is reflected in the crew’s performance during the demonstration.”

Republic successfully completed the partial evacuation demonstration for the ERJ-170

during initial certification. Republic continues to submit that the underlying purpose of

§121.291(b) has been fully satisfied through the partial evacuation demonstration conducted

on the ERJ-170, and there is no incremental benefit or enhanced safety to be achieved by

repeating the partial evacuation demonstration on Republic’s ERJ-190.

In granting the exemption, the FAA noted in its analysis/summary that:

“Although the Embraer ERJ-190 is a different type and model than the ERJ 170, the

number of flight attendants, the location of the flight attendant stations and emergency

exits, the training and procedures for emergency evacuations, and the operation of the

emergency exits and slides are the same as the ERJ-170. The petitioner has not added

or changed the flight attendant duties for emergency evacuation. In fact, if the ERJ-190

were not a different type and model of airplane, §121.291 would not require a partial

evacuation demonstration. The petitioner has already demonstrated the effectiveness of

its crewmember emergency training evacuation procedures during its partial evacuation

demonstration of the ERJ-170. Therefore, the FAA concurs that an equivalent level of

safety was provided by the partial evacuation demonstration of the ERJ-170 by the

petitioner.”

Grant of Exemption, Regulatory Docket No. FAA-2009-0592, July 21, 2009, p.4. Republic

submits that (a) nothing has changed with respect to the facts or this analysis; (b) the

reasons stated by the FAA for previously granting the exemption to Republic continue to

apply to the situation presented herein by Republic; and (c) extension of the exemption to

Republic is in the public interest, and will continue to ensure an equivalent level of safety.

Finally, consistent with the conditions and limitations set forth in Exemption 9901A, Republic

proposes that the extended exemption be subject to the same conditions and limitations, as

follows:

1. Republic shall not change the number, location, or emergency evacuation

procedures or duties of required flight attendants from that demonstrated on the

ERJ-170.
U.S. Department of Transportation

Federal Aviation Administration

March 25, 2013

Page 3

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2. Republic shall not change the number, location, type of, or operating

mechanisms of the installed emergency exits.

The FAA has previously determined that compliance with these conditions and limitations

would ensure an equivalent level of safety and would be in the public interest. Republic will continue

to comply with the conditions and limitations to the exemption, thereby ensuring an equivalent level

of safety for its operations.

WHEREFORE, for the foregoing reasons, Republic respectfully requests that FAA issue an

extension of FAA Exemption No. 9901A, as requested herein.

Respectfully submitted,

Sheryl R. Israel

Counsel for REPUBLIC AIRLINE INC.

sheryl.israel@hoganlovells.com

Attachment

cc: Kevin P. Thomas, Indianapolis FSDO

Jeff Davis
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ATTACHMENT

FEDERAL REGISTER SUMMARY

As stated in the foregoing Petition for Extension of Exemption, Republic Airline Inc.

respectfully requests a waiver of the publication and comment requirements under 14 C.F.R.

§ 11.87. Nevertheless, in accordance with 14 C.F.R. § 11.81(f), a summary of this Petition for

Extension of Exemption for publication in the Federal Register is as follows:

Docket No.: FAA-2009-0592

Petitioner: Republic Airline Inc.

Section of the FAR Affected:

14 C.F.R. Section 121.291(b)(1)

Description of Relief Sought:

To extend Exemption No. 9901A to permit Republic Airline Inc. to operate ERJ-190

aircraft without conducting a partial demonstration of emergency evacuation

procedures as set forth in 14 C.F.R. Section 121.291(b)(1).