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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).
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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.
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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
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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
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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.