# .**~** 3802 20th STREET NORTH, FARGO, ND 58102 USA

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

## JET CENTER INC

January 4, 2013

U.S. Department ofTransportation 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: I • .D

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### Fargo Jet Center, Inc. was granted an exemption on June 1, 2011 from part 120tothe extent necessary to allow us, while operating under separate parts ofthe 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 forthe exemption listed above, as itterminates on June 30,2013. Thank you for your consideration arid please contact me ifyou have any questions. Sincerely,

HR Manager Fargo Jet Center, Inc.Date: 12/19/2012 Exemption No: 10277 from 14 CFR (FAR Section)- Part: 120 016H26522091 will exphe on 6/30/2()13.

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your request to extend this exemption (including the**~- ·f:f~**  docket number FAA-2011-0538) within 30 days ofthe •**~**• · 

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# $00.320_ date ofthis notice. Otherwise, the FAA may not be able •• • to process your request for extension before the**tt;r;:;:f.~;m::i'S..:l: ~**  121Lit2u·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. DepartmentofTransportation Docket Operations, M-30 West Building groundfloor, Room W12-140 1200 New JerseyAvenue, SE Washington, DC 20590 Submission to other locations may delay processing. Any request for extension must meetthe requirements of 14 CFR part 11. Ifyou have already requested an extension for this exemption or no longer need this exemption, please ignore this notice. 3802 20th StN Fargo, ND 58102USDepartment ofTransportation FederalAviation Administration

June I, 2011 Exemption No. 10277 800 Independence Ave

.. SW Washington. D.C. 20591

Regulatory DocketNo. FAA-2011-0538

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 ofthe exemption, including the date it ends. 

### The Basis for OurDecision By letter dated May 18, 2011, you petitioned the Federal Aviation Administration (FAA) on behalfofFargo 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, ifgranted, would allow Fargo Jet Center, which is operating under separate parts ofthe regulation, to cover its safety-sensitive employees under one testing program. Although you have also requested relieffrom part 40, the FAA finds that it is not necessary. The FAA has determined that good cause exists for not publishing a summary ofthe 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 ofexemption in circumstances similar in all material respects to those presented in your petition. In Grant ofExemption No. 9703 (copy enclosed), the FAA found that Solid Edge's 

### § 91.147 airtour operations were closely connected to its part 135 operations. The FAA also found that combining the petitioner'stwo testing programs into one would be in the public interest and would maintain an equivalent level ofsafety to that AAM-11-322-E

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provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden the petitioner by requiring it to conducttwo separatetesting programs. Having reviewed your reasons for requesting an exemption, I find that2

• they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemption No. 9703; • the reasons stated by the FAA for granting the enclosed Grant ofExemption No. 9703 also apply to the situation you present; and • a grant ofexemption is in the public interest. 

### OurDecision Underthe authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, Ihereby 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 ofthe regulation, to cover its safety-sensitive employees under onetesting program, subject to the conditions and limitations described below. 

### Conditions and Limitations I. Employees ofFargo 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 FargoJet Center part ]35 operation, not under part 91. This exemption terminates on June 30, 2013, unless sooner superseded orrescinded. Sincerely, 

### Is/ James R. Fraser, M.D. Deputy Federal Air Surgeon

Enclosure