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

, i s requesting an exemption to 14 CFR Part 120. Subpart E and

F

, D rug and Alcohol T esting Program R equirements as they may pertain to employees on other Landmark subsidiary certificates who are transitioning to the Sterling certificate as
noted below

.

Sterl ing 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 Hawthorn e Aviation LLC certificate # I 5WA933J

• 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, tha t 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
autho rization 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 sing le 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 antic ipating 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. Ste rling aviation is confident that the granting of an exemption to part 120 subparts E and F in the areas of

pre

- employmen t testing, random testing accounting, education and training, and

Chart er • Management • Acquisition • Maintenance

5480 South Howell Avenue Milwaukee, WI 53207 ph 414.744.1300 fx 414.744.0547administration will increase the testing safety net while providing and effective, unified, and credible detection and deterrence program to all merging certificates.

Sterling Aviation LL C, 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 Op erating 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 wi thout 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 in terest 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 tha t 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 potentia l 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 e xemption 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 th ese subsidiary certificates to operations under the Sterling certificate. Therefore, the transition is in effect an “intra

company” 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

- sens itive 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

. 1 15 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

- distributionand re

- training of the employee has no value and should not be required in this merger plan.

Piedmont Hawthorne, Galvin Flyin g Service, Midlantic jet Charters, and Daedalus are requesting relief form 120.11 and 120.219, which require each certificate to keep
confidential the dru g and alcohol testing records. We request that these certificates be allowed to immediately share the ir 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 Reg ister Summary:

Sterling Aviation LLC is seekin g 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 Charter s 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