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\\DC - 040601/000004 - 4660407 v4 Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Direct phone +1 202 637 8898 Direct fax +1 866 728 1992 www.hoganlovells.com

June 3, 2013

By Electronic Submission

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Petition of Shuttle America Corporation for Extension of

FAA Exemption No. 10351 (Regulatory Docket No. FAA-2011-0896)

Dear Sir or Madam:

Shuttle America Corporation (“Shuttle”) 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. 10351, issued to Shuttle on September 6, 2011, exempting Shuttle from the requirements of 14 C.F.R. § 121.434(c), thereby allowing (i) Shuttle pilots to use the 25 hours of operating experience obtained while operating under the Republic Airline Inc. (“Republic”) air carrier operating certificate, and (ii) Shuttle pilots-in-command (“PIC” or “captain”) to receive credit for the required FAA observation undertaken while such PICs were operating under Republic’s air carrier operating certificate.

Exemption No. 10351 terminates on September 30, 2013. Shuttle respectfully requests that this exemption be extended for at least two additional years, through at least September 30, 2015, or longer, as the FAA deems appropriate. Shuttle hereby incorporates by reference all relevant information previously submitted in the above-referenced docket concerning the requested exemption. Shuttle submits that an extension of this exemption is in the public interest, will continue to provide an equivalent level of safety, and is consistent with FAA precedent – findings that the FAA made in granting the initial exemption to Shuttle on September 6, 2011. 1

As explained below, good cause also exists for the FAA to act on this Petition for an extension without delay and without publishing a summary in the Federal Register or awaiting comments. Shuttle urges the FAA to grant this non-controversial request for an extension of

1 The FAA has made similar findings and has granted similar exemptions to similarly situated applicants. See, e.g., Docket FAA-2001-9283, Exemption No. 7539 (Atlantic Coast Airlines, Inc.); Docket FAA-2005-23348, Exemption No. 8687 (Republic).- 2 -

\\DC - 040601/000004 - 4660407 v4 Exemption No. 10351 prior to the September 30, 2013 expiration date. However, in the event that the FAA does not act on this Petition prior to that date, Shuttle 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 Shuttle’s current exemption pending the FAA’s final determination on this Petition.2

Shuttle submits the following information in further support of this Petition:

I. THE FAA SHOULD RENEW THIS EXEMPTION BECAUSE IT IS IN THE PUBLIC INTEREST, WILL CONTINUE TO PROVIDE AN EQUIVALENT LEVEL OF SAFETY, AND IS CONSISTENT WITH FAA PRECEDENT.

Shuttle is petitioning the FAA to extend a current 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 (PICs) to repeat the FAA observation requirements set forth in § 121.434(c)(1)(ii).

Shuttle is not requesting that it be relieved from meeting all of the pilot experience and captain observation requirements of § 121.434(c). Rather, Shuttle is seeking an extension of its current exemption from only the provisions in § 121.434(c) that would otherwise require Shuttle pilots to repeat the full 25 hours of IOE obtained when operating as Republic pilots, and the Shuttle captains to repeat the FAA observation otherwise required thereunder before transitioning to Shuttle operations. As was the case with the FAA exemptions previously granted to Shuttle, Republic, and Atlantic Coast Airlines to permit trained and experienced pilots to transfer on the same aircraft type without repeating the IOE and, for captains, the FAA observation requirements, Shuttle would be operating the same aircraft with the same crews who have been operating these aircraft for Republic, on a similar domestic U.S. route structure and operating environment.

All of the pilots who transition from Republic to Shuttle have significant training and operating experience in these aircraft at Republic. The Republic pilots that transition to Shuttle will be fully trained, qualified, and current, with extensive EMB-170 operating experience, including 25 hours of IOE and, for captains, the requisite FAA observation experience, as required by § 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 comprehensive EMB-170 Bridge Training Program, which entails 40 hours of classroom time.

Since any Republic pilots transferring to Shuttle would 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 would

2 Shuttle hereby states that it will accept the conditions and limitations set forth in Exemption No. 10351.- 3 -

\\DC - 040601/000004 - 4660407 v4 also have undergone a rigorous EMB-170 Bridge Training Program as part of the transition to Shuttle, safety will not be compromised in granting this request to renew the current exemption. In short, there is no compelling safety or public policy reason for these pilots to be required by Shuttle to “re-meet” or “repeat” the IOE and FAA observation requirements. Clearly, any § 121.434 IOE and FAA observation requirements would be entirely duplicative of that 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, delaying the implementation of important services, all without any incremental benefit.

Not only is there no policy or practical reason to re-accomplish pilot IOE and captain FAA observation experience, but to do so would impose a significant burden on Shuttle, on the FAA, and on the traveling public. First, 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 5 to 10 days. Moreover, each pilot who is a captain would then need to wait for FAA inspectors to be available to conduct an observation flight. The FAA has limited resources and staffing challenges (even before sequestration and recent budget cuts), and Shuttle believes that it would be difficult and time-consuming for FAA to be able to schedule and conduct observation flights quickly, efficiently, and timely for such captains, an unnecessary burden on the FAA particularly when these captains have already demonstrated their proficiency in observation flights with the EMB-170 aircraft.

As described in detail in Shuttle’s initial petition for exemption in this docket, FAA precedent also fully supports an extension of this exemption to Shuttle. The FAA previously granted virtually identical relief to other carriers, as well as to Shuttle, under very similar circumstances. See Docket FAA-2001-9283, Exemption No. 7539 (Atlantic Coast Airlines, Inc.); Docket FAA-2005-23348, Exemption No. 8687 (Republic); Docket FAA-2005-21734, Exemption No. 8586 (Shuttle).

Accordingly, an extension of Exemption No. 10351 as requested herein, is in the public interest, will continue to provide an equivalent level of safety, and is consistent with FAA precedent.

II. THE FAA SHOULD RENEW THIS EXEMPTION EXPEDITIOUSLY WITHOUT ANY FEDERAL REGISTER PUBLICATION OR COMMENT PERIOD.

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. 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. No new precedent would be established by renewing the requested exemption for Shuttle. In fact, grant of this exemption request would be consistent with established precedent. See FAA Exemptions No. 8586, 8687, 7539, and 10351. Indeed, the FAA did not publish a summary of the original Petition for this exemption in the Federal Register back in 2011, and there is no reason for a different result here. If the FAA deviates- 4 -

\\DC - 040601/000004 - 4660407 v4 from past practice and precedent and nonetheless determines that publication is somehow warranted, a summary of this Petition for extension of this current exemption is contained in Attachment 1.

III. CONCLUSION

WHEREFORE, for the reasons set forth herein, Shuttle hereby requests that its Exemption No. 10351 be extended in order that Shuttle continues to 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 IOE obtained by its pilots while operating under the operating certificate of its sister carrier, Republic, and for its captains (PICs) to receive credit for the required FAA observation acquired while those captains were operating under the Republic operating certificate.

Respectfully submitted,

Patrick R. Rizzi Sheryl R. Israel Counsel for SHUTTLE AMERICA CORPORATION

patrick.rizzi@hoganlovells.com sheryl.israel@hoganlovells.com D +1 202 637 5659 / 8898

Attachment

cc: Paul Tursi, Indianapolis FSDO Kenneth Barthel- 5 -

\\DC - 040601/000004 - 4660407 v4 ATTACHMENT

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 an Extension of Exemption No. 10351, for publication in the Federal Register is as follows:

Docket No.: FAA-2011-0896

Petitioner: Shuttle America Corporation (“Shuttle”)

Section of the FAR Affected: 14 C.F.R. § 121.434(c)
Description of Relief Sought: To extend Exemption No. 10351 to permit (i) Shuttle pilots to use the 25 hours of initial operating experience obtained while operating under the Republic Airline Inc. (“Republic”) air carrier operating certificate, and (ii) Shuttle pilots-in-command (PIC) to receive credit for the required FAA observation obtained while such PICs were operating under Republic’s air carrier operating certificate.