AAM-11-416-E August 18, 2011

Exemption No. 10333 Regulatory Docket No. FAA-2011-0844

Mr. John P Hargleroad Anti-Drug and Alcohol Program Manager Air Methods Corporation

7301 S. Peoria Street Englewood, CA 80112

Dear Mr. Hargleroad:

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 August 5, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Air Methods Corporation (AMC) for an exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow AMC to operate its drug and alcohol testing program in unison with Omniflight Helicopter, Inc. (Omnflight) drug and alcohol 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 AMC.

The FAA has issued grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9927 (copy enclosed), the FAA found that granting this exemption would be in the public interest and would maintain a level of safety equivalent to that provided by the current regulations.2

Although AMC requested relief from § 120.17, the F AA finds that this section does not apply to an air operator. Therefore, the appropriate section that AMC requires relief from is § 120.33.

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. 9927;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9927 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 Air Methods Corporation an exemption from 14 CFR part 120 to the extent necessary to allow AMC to operate its drug and alcohol testing program in unison with Omniflight Helicopter, Inc. (Omnf light) drug and alcohol program, subject to the

conditions and limitations described below.

Conditions and Limitations

1. AMC and Omniflight must submit MIS annual report data that is within 2 percent of the administrator’s minimum annual rate. Specifically, the amount to be tested for drugs is no less than 24.5 percent (2% of 25%) and for alcohol no less than 9.8 percent (2% of 10%).

2. Omniflight must continue to submit MIS annual report data for each year or portion thereof for which they are in operation.

3. All AMC locations must be in compliance with the requirement to display informational materials and hotline numbers within 6 months of the single operating

certificate issuance date.

4. All drug and alcohol testing records for the combined programs (AMC and Omniflight) must be produced at one central employer location within 6 months of the single certificate issuance date.3

5. The FAA’s confidentiality requirements are regulated by the DOT’s procedural regulation 49 CFR part 40, specifically § 40.25. The FAA concurs with the DOT’s determination regarding confidentiality requirements. AMC must refer to the DOT

decision.

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

Sincerely,

/s/

James R. Fraser Deputy Federal Air Surgeon

Enclosure