AAM-12-547-E 

October 2, 2012 

 Exemption No. 10637 

 Regulatory Docket No. FAA-2012-1009 

Mr. Luis F. Folgueira 

Professional Helicopter Service 

13704 SW. 145 Court 

Miami, FL 33186 

Dear Mr. Folgueira: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated September 13, 2012, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Professional Helicopter Service for an exemption from part 120 of 

Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 

Professional Helicopter Service, which is operating under separate parts of the regulations, to 

cover its safety-sensitive employees under one drug and alcohol testing program. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Professional Helicopter Service. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 9703 (copy enclosed), the FAA 

found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 

operations. The FAA also found that combining the petitioner’s two testing programs into 

one would be in the public interest and would maintain an equivalent level of safety to that 

provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden 

the petitioner by requiring it to conduct two separate testing programs. 
2 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9703; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9703 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Professional Helicopter Service an exemption from 

14 CFR part 120 to the extent necessary to allow Professional Helicopter Service, which is 

operating under separate parts of the regulations, to cover its safety-sensitive employees 

under one testing program, subject to the conditions and limitations described below. 

Conditions and Limitations 

1. Employees of Professional Helicopter Service are subject to the drug and alcohol 

regulations at all times while conducting operations under part 135 or part 91. 

 2. The drug and alcohol testing program must be implemented under the auspices of the 

Professional Helicopter Service part 135 operation, not under part 91. 

This exemption terminates on October 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

James R. Fraser, M.D. 

Deputy Federal Air Surgeon 

Enclosure