July 28, 2008

**[Via Submission to Regulations.Gov]{.underline}**

(FAA Shell Docket 2007-0001)

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, S.E.

West Building, Ground Floor

Room W12-140

Washington, DC 20590

> [Sentient Flight Group, Inc. Petition for Exemption from 14 C.F.R.
> Part 121, Appendix I, Section V(A)(1), and 14 C.F.R.
> 135.251(a)]{.underline}

Pursuant to 14 C.F.R. 11.61(b) and 11.81, Sentient Flight Group, Inc.
("Sentient") hereby petitions for an exemption to permit it, when
Southwest Jet Aviation, LLC ("Southwest Jet") merges with and into
Sentient, to hire pilots and other persons who are currently employed in
safety-sensitive positions by Southwest Jet, without performing
pre-employment drug testing of these individuals as otherwise required
by Appendix I of Part 121.

\(a\) *Contact information*:

Tobi Melvin

Sentient Flight Group, Inc.

Manager/DER Drug & Alcohol Prevention

111 Anza Boulevard Suite 122

Burlingame, California 94010

Direct: 650.762.2212

Fax: 650.240.1418

Cell: 650-219-5948

[[tmelvin@sentient-flight.com]{.underline}](mailto:tmelvin@sentient-flight.com)** **

\(b\) *The specific sections of 14 C.F.R. from which an exemption is
sought*:

**14 C.F.R. Part 121, Appendix I, section V(A)(1)**: "No employer may
hire any individual for a safety-sensitive function listed in section
III of this appendix unless the employer first conducts a pre-employment
test and receives a verified negative drug test result for that
individual."

**14 C.F.R. 135.251(a)**: "Each certificate holder or operator shall
test each of its employees who performs a function listed in appendix I
to part 121 of this chapter in accordance with that appendix."

\(c\) *The extent of relief sought, and the reason for the relief
sought*:

Under a transition plan developed by Sentient Jet Holdings, LLC, for the
consolidation of all of its wholly-owned air carrier operating
subsidiaries into the certificate now held by one of those subsidiaries,
Sentient, Southwest Jet is scheduled to merge with and into Sentient on
or after November 28, 2008. Southwest Jet previously established and
implemented a drug testing program as required by the Federal Aviation
Regulations, and has strictly adhered to the requirement that no carrier
may hire an individual for a safety-sensitive function unless the
carrier first conducts a pre-employment test and receives a verified
negative test result for that individual. At the time of merger,
Southwest Jet will employ approximately 30 individuals performing
safety-sensitive functions. It has retained records of verified negative
employment drug tests for these employees and will transfer all such
records to Sentient upon the effective date of merger.

Sentient hereby petitions the FAA for an exemption from 14 C.F.R. Part
121, Appendix I, Section V(A)(1) and 14 C.F.R. 135.251(a) as it related
to pre-employment testing only, to permit employees who performed
safety-sensitive functions for Southwest Jet to perform identical
functions for Sentient Flight Group, Inc. without being subject to
additional pre-employment drug testing.

\(d\) *The reasons why granting this request is in the public interest:*

All of Southwest Jet's employees in safety-sensitive positions have been
screened for illicit drug use in full compliance with the requirements
in Appendix I. Each was tested prior to employment at Southwest Jet. In
November 2003, Southwest Jet paid a \$6,500 civil penalty for failing to
properly perform pre-employment drug testing on two employees that
performed safety sensitive functions mistakenly believing that the
employees were covered under another employer\'s approved program
(2004AL910013). Since that date, Southwest Jet has strictly complied
with drug testing program requirements. Accordingly, Sentient has met
the public interest in ensuring that illicit drug users are detected and
prevented from performing a safety-sensitive position. Requiring
pre-employment testing as a result of a merger would be duplicative and
impose unnecessary costs.

\(e\) *The reasons why granting the exemption would not adversely affect
safety, or how the exemption would provide a level of safety at least
equal to that provided by the rule from which the exemption is sought:*

The exemption would not adversely affect safety because all of the
employees who have performed safety-sensitive functions for Southwest
Jet have been subject to the drug testing requirements in Appendix I and
will be subject to these requirements on a continual basis after the
merger without a break in service. Moreover, Southwest Jet has never
been found to have violated any drug testing requirement.

\(f\) *A summary to be published in the Federal Register stating the
rule from which an exemption is sought and a brief description of the
nature of the exemption sought:*

Pursuant to 14 C.F.R. 11.87, Sentient respectfully requests that the FAA
find good cause for not publishing a summary of this petition to avoid
delay in acting on this petition.

First, granting this petition would not set a precedent. The FAA has
granted several similar exemptions requesting identical relief on the
basis of a merger of two air carriers. See Exemption No. 8944 (US
Airways, Inc./America West, Inc.); Exemption No. 8356 (Allegheny
Airlines, Inc./Piedmont Airlines, Inc.); Exemption No. 7916 (Executive
Airlines, Inc./American Eagle Airlines, Inc.); Exemption No. 7661
(American Airlines, Inc./TWA Airlines LLC); Exemption No. 6960 (American
Airlines, Inc./Reno Air, Inc.).

Second, as stated above, the relief requested is identical to exemptions
the FAA has previously granted.

Third, this Petition is timely filed.

\(g\) *Whether and why the privileges of this exemption are needed to be
exercised outside of the United States:*

On occasion, Sentient provides on demand service outside of the United
States, including but not limited to Canada. While Sentient does not
expect to be asked by any foreign government for evidence of compliance
with the FAA's drug testing requirements, Sentient would prefer to
receive the assurance that foreign governments will not question
Sentient's compliance with the drug testing regulations.

Respectfully submitted,

![](media/image1.wmf)

Bob Marinace

Vice President of Integration

Sentient Flight Group, Inc.