. 

FARG~ 

~ 3802 20th STREET NORTH, FARGO, ND 58102 USA 

TEL: 1-800-7700-JET OR 701-235-3600 FAX: 701-235-9717 

JET CENTER INC 

January 4, 2013 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building ground floor 

Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Extension request for Exemption No. 10277 

Regulatory Docket No.: FAA-2011-0538 

To Whom It May Concern: 

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Fargo Jet Center, Inc. was granted an exemption on June 1, 2011 from part 120to the extent 

necessary to allow us, while operating under separate parts of the regulation, to cover our 

safety-sensitive employees under one testing program, subject to the conditions and limitations 

expressed in the exemption. 

This letter is to request an extension for the exemption listed above, as it terminates on June 

30,2013. 

Thank you for your consideration arid please contact me if you have any questions. 

Sincerely, 

HR Manager 

Fargo Jet Center, Inc. 
Date: 12/19/2012 

Exemption No: 10277 from 14 CFR (FAR Section)- Part: 

120 

will exphe on 6/30/2()13. If'"""'""''"· plea"' '"bmll a; 016H26522091 

your request to extend this exemption (including the ~- ·f:f~ 

docket number FAA-2011-0538) within 30 days of the • ~ • · a-; $ 00 .32 0_ 

date of this notice. Otherwise, the FAA may not be able •• • 

to process your request for extension before the tt;r;:;:f.~;m::i'S..:l: ~ 121 Lit 2u·t.< 

expiration date. You may either submit your request re,.;~WS~ ::0:: ··-"-ct F 

20.,,,. 

electronically through the internet using the Docket :;..;;.,.~ ·~;-:, ~ """"' POromSTAG" "'E' 

Management System web site at: L.:.& 1 ~~ me1~m Hughes US 

http:I/Regulations.gov/ or mail your request to: Fargo Jet Center. Inc. 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building ground floor, 

Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Submission to other locations may delay processing. 

Any request for extension must meet the 

requirements of 14 CFR part 11. If you have already 

requested an extension for this exemption or no longer 

need this exemption, please ignore this notice. 

3802 20th St N 

Fargo, ND 

58102 
US Department 

of Transportation 

Federal Aviation 

Administration 

June I, 2011 

Exemption No. 10277 

800 Independence Ave .. SW 

Washington. D.C. 20591 

Regulatory Docket No. F AA-20 11-0538 

Ms. Melissa Hughes 

Human Resource Manager/Drug-Alcohol Program Manager 

Fargo Jet Center, Inc. 

3802 20111 Street, North 

Fargo, NO 58102 

Dear Ms. Hughes: 

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 May 18, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Fargo Jet Center, 1 nc. (Fargo Jet Center), for an exemption from part 40 and part 

120 ofTitle 14, Code ofFederal Regulations (14 CFR). That exemption, if granted, would 

allow Fargo Jet Center, which is operating under separate parts of the regulation, to cover its 

safety-sensitive employees under one testing program. 

Although you have also requested relief from part 40, the FAA finds that it is not necessary. 

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 Fargo Jet Center. 

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 

AAM-11-322-E 
. -. 

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. 

Having reviewed your reasons for requesting an exemption, I find that2 

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

ofExemption 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 Fargo Jet Center, Inc., an exemption from part 120 to the 

extent necessary to allow Fargo Jet Center, which is operating under separate parts of the 

regulation, to cover its safety-sensitive employees under one testing program, subject to the 

conditions and limitations described below. 

Conditions and Limitations 

I. Employees of Fargo Jet Center 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 Fargo Jet Center part ] 35 operation, not under part 91. 

This exemption terminates on June 30, 2013, unless sooner superseded or rescinded. 

Sincerely, 

Is/ 

James R. Fraser, M.D. 

Deputy Federal Air Surgeon 

Enclosure