December 10, 2014

Federal Aviation Administration

Exemption Request by:

Sterling Aviation LLC

5480 South Howell Avenue

Milwaukee, WI 53207

Sterling Aviation LLC a subsidiary of Landmark Aviation, holder of 14 CFR Part 135 

Certificate # DBCA868D, is requesting an exemption to 14 CFR Part 120. Subpart E and 

F, Drug and Alcohol Testing Program Requirements as they may pertain to employees on 

other Landmark subsidiary certificates who are transitioning to the Sterling certificate as 

noted below.

Sterling Aviation LLC is planned to be the surviving certificate in a merger and acquisition plan 

under OpSpec A502 with the following four subsidiaries of Landmark Aviation that hold 14 CFR 

Part 135 Certificates:

• Piedmont Hawthorne Aviation LLC certificate # I5WA933J

• Galvin Flying Service Inc. certificate # HUNA846E

• Midlantic Jet Charters Inc. certificate # EGQA525D

• Daedalus Inc. certificate # DDNA793K

Landmark Aviation recognizes that Part 120, subparts E and F of Title 14, prescribes, in 

pertinent parts, that the drug and alcohol testing program is designed to prevent accidents 

and injuries that result from the use of prohibited drugs and the misuse of alcohol by any 

employee who performs safety-sensitive functions for a part 119 certificate holder with 

authorization under parts 121 and/or 135 or an operator as defined in 91.147.

Sterling Aviation is petitioning the FAA for an exemption from the regulatory 

requirements to maintain five separate drug and alcohol testing programs prior to the 

issuance of a single operating certificate for the merger with Piedmont Hawthorne 

Aviation, Galvin Flying Service, Midlantic Jet Charters, and Daedalus. All companies 

have operated separately since they became a subsidiary of Landmark Aviation.

Sterling Aviation is anticipating the issuance of the single operating certificated by 

December 31, 2015 and is requesting to operate all drug and alcohol testing programs in 

unison prior to the final single operating certificate issue date. All Air Carriers have 

long, established Department of Transportation (DOT) mandated drug and alcohol testing 

programs and all meet or exceed FAA regulatory requirements. Sterling aviation is 

confident that the granting of an exemption to part 120 subparts E and F in the areas of 

pre-employment testing, random testing accounting, education and training, and 

Charter • Management • Acquisition • Maintenance

5480 South Howell Avenue Milwaukee, WI 53207 ph 414.744.1300 fx 414.744.0547
administration will increase the testing safety net while providing and effective, unified, 

and credible detection and deterrence program to all merging certificates.

Sterling Aviation LLC, Piedmont Hawthorne Aviation LLC, Galvin Flying Service Inc, 

Midlantic Jet Charters Inc, and Daedalus Inc all are currently testing employees for illicit 

drug and alcohol use in accordance with 14 CFR Part 120 and will continue to do so until 

a Single Operating Certificate is obtained under OpSpec A502. The exemption would 

have no effect on this.

All employees that are currently performing safety-sensitive functions will be 

continuously subject to an FAA-approved anti-drug and alcohol testing program without 

interruption and will be performing the same safety-sensitive functions for Sterling 

Aviation after they transition to Sterling Aviation. The exemption will not affect this.

Sterling Aviation believes that this exemption request is in the public interest and is 

fundamentally the same as Exemption No. 9927 previously issued by the FAA (copy 

attached). All employees who perform safety-sensitive functions are subject to a robust 

and comprehensive FAA-approved testing program. This testing ensures that active 

substance abusers are detected and prevented from performing safety-sensitive functions. 

In addition, all employees who perform safety-sensitive functions have been screened for 

and prior drug and alcohol testing violations at actual and potential employers. Sterling 

Aviation has partnered with NATA Compliance and invested in the recourses necessary 

to ensure a seamless transition during the merger and integration process that is to protect 

the customer and general public. The granting of this exemption would be in the public 

interest by the on-going implementation of an orderly and compliant transition plan.

As part of the plan, existing employees who already have been screened pre-employment 

will be transitioned from operations under one of these subsidiary certificates to 

operations under the Sterling certificate. Therefore, the transition is in effect an “intracompany” transition which does not really involve a new employment of the affected 

personnel. Requiring additional “pre-employment” drug and alcohol screening would be 

superfluous and not cost effective since there is no real lapse between employment for 

operations under one certificate to operations under the Sterling certificate. Each 

employee will be performing the same safety-sensitive function as they were prior to 

their transition. Accordingly, Sterling Aviation LLC is seeking relief from conducting 

pre-employment drug testing required by 14 CFR Part 120.109(a) and 120.217(a) for all 

flight crewmember employees performing safety-sensitive functions as called out in 

120.105.(a) and (b) who will be transitioning as part of the transition plan authorized 

under OpSpec A502. This exemption would not in any manner pertain to true new hires.

Sterling is requesting exemption from 120.115 Employee Assistance Program (EAP) for 

those current employees transitioning from the merging certificates. This regulation 

requires distribution of the employer’s policy regarding drug and alcohol use in the 

workplace and initial training of employees. Since all employees are part of a current 

FAA approved program and have received the EAP policy and training the re-distribution 
and re-training of the employee has no value and should not be required in this merger 

plan.

Piedmont Hawthorne, Galvin Flying Service, Midlantic jet Charters, and Daedalus are

requesting relief form 120.11 and 120.219, which require each certificate to keep 

confidential the drug and alcohol testing records. We request that these certificates be 

allowed to immediately share their drug and alcohol testing records with Sterling 

Aviation and that this will allow for better management of merged, single-source 

laboratory and MRO resources and that safety will be enhanced by allowing the sharing 

of these records.

Proposed Federal Register Summary:

Sterling Aviation LLC is seeking exemption from 14CFR Part 120 Subpart E & F for 

Safety-sensitive employees transitioning to the Sterling certificate from the Piedmont 

Hawthorne Aviation LLC, Galvin Flying Service Inc, Midlantic Jet Charters Inc, and 

Daedalus Inc certificates as part of the merger plan authorized by OpSpec A502.

Sincerely,

Robert J. Rufli

Director of Flight Operation

Landmark Aircraft Management & Charter

Office: 847-775-7809

Mobile: 248-459-0777