Office of Rulemaking 

Exemption Folder 

Petitioner I Last Frontier Aviation Group (LFAG) 

Docket Number I FAA-2015-0561 

Proj ect Number I AFS-15-80 1-E 

Exemption Number 

Regula tion I Drug and Alcohol Testing 

Prepa red By I VC 

Form Cyberdocs # 30662 
E&'BIB!im LAST FRONTI ER AVIATIO f'\j GROUP 

'' \\'\\'. 1 .F/\(i.ncl 

March 3, 2015 

U.S. Department of Transportation 

Docket Operations, West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Subject: Petition of Last Frontier Aviation Group for Exemption from 14 C.F.R. Part 120 or 49 CFR part 

40 (DER for each Operating Certificate) 

Ladies and Gentlemen: 

Pursuant to the provisions of FAR §11.61(b) and §11.81, Last Fro; tier Aviation Group, Owner of 

Operating Certificates for both Last Frontier Air Ventures, Ltd. and Prism Helicopters, Inc. dba Arctic 

Prism Helicopters, submits this petition for exemption. 

(a) Contact information: 

Debbie King; Designated Employer Representative 

Director of Administration and Manager-Substance Testing Programs 

Last Frontier Aviation Group 

Last Frontier Air Ventures 

Arctic Prism Helicopters (DER David King) 

Alaska HeliworX 

1415 N Local 302 Rd Suite G 

Palmer, AK 99645 

(907) 745-5722 (phone) 

(907) 745-5711 (fax) 

(b) The specific provisions of 14 CFR or 49 CFR part 40 from which Last Frontier Aviation Group 

seeks exemption and a brief description of each requested exemption: 

Last Frontier Aviation Group cannot locate within 14 CFR IJr 49 CFR part 40 the specific 

provision which states each operating certificate must ha•1e a separate/different DER than any 

other operating certificate. Multiple FAA Division of Drug Abatement employees have 

informed LFAG that this is the case, despite their inabilit) to reference the chapter or 

subsection. Last Frontier Aviation Group respectfully askr. the FAA to please advise and cite. 

I I I =' ' i ·''c.tl ] II.! l{d. l~· ( r l' .tlm~·t . \ K ')'1(,15 

Phon.:. (911'' 1; 1' -r.!:! 
LAST FRONTIER AVIATIOf~ GROUP 

\\W\\·.I.F;\(i.nc t 

The extent of relief Last Frontier Aviation Group seeks and the reason Last Frontier Aviation 

Group seeks the relief: 

Last Frontier Aviation group (LFAG) is 100% owned and operated by David W. King. During 

2014, LFAG acquired two FAA-certified companies, each with its own current drug program: 

Prism Helicopters Inc., DBA Arctic Prism Helicopters (APHI) (Part 135 Operating Certificate 

#EOOA6341 and Part 145 Repair Station Certificate #EOOR634D) and Last Frontier Air 

Ventures, Ltd. (LFAV) (Part 135 Operating Certificate #L49A4981) which is still in the process 

of being transferred from David King as a sole proprietor to Last Frontier Aviation Group. 

Prism Helicopter's Part 145 Repair Station Certificate is in the process of being transferred to 

Alaska HeliworX, Inc., (AKHWX) also owned by LFAG. 

All companies reside at the same facility in Palmer, Alaska and employees are involved in all 

three certificates through FAA-approved interagency agreements. Human Resource functions 

have been merged and documents housed (separately) in the same facility. The existing 

programs are remarkably similar in function and administration. 

Upon completion of the transfer of ownership and the Part 145 certificate, LFAG would like to 

request that Last Frontier Air Ventures (LFAV), Arctic Prism Helicopters (APHI), and Alaska 

HeliworX (AKHWX) all be placed under a combined drug program with one DER and operated 

in unison. This would allow LFAG to decrease paperwork and administrative costs. Combining 

the drug programs would eliminate the data skew as a consequence of duplicate employee 

testing. Finally, it would further the advance of the margin of aviation safety and regulatory 

compliance via the reduction of multiple clerical requirements. 

Both Last Frontier Air Ventures (LFAV) and Prism Helicopters (APHI) have long established 

FAA-approved workplace drug testing programs, as required by 14 C.F.R. Part 121, Appendix I 

and J, where both carriers meet or exceed FAA regulations. The broad category of program 

administration and quality assurance exemption relates to recordkeeping, confidentiality and 

the training of employees and supervisors. Due to the remarkable similarities in all aspects of 

the functioning programs including testing methods, consequences, general awareness and 

training, current recordkeeping equates to clerical duplication in all areas. 

In addition to clerical duplication, statistical anomalies may occur when currently prescribed 

random testing accounting methods are applied to employees operating within multiple 

company pools and/or to the sudden large change in pool size. Both Part 135 Operating 

companies (LFAV & APHI) have maintenance agreements with the Part 145 Operator 

(AKHWX). An employee working under AKHWX's drug program would be required to submit 

to a drug test before fulfilling a contract with APHI and again before working under LFAV, 

potentially within the same week. 

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l'lwn~: f')(l7) 7- '> 'i7~2 
LAST FRONTIER AVIATIOf\j GROUP 

'',,.,,.I Yl\ (i .net 

(c) The reasons why granting Last frontier Aviation Group's request would be in the public 

interest: 

LFAG believes that granting the exemption would be in the public's interest. Current LFAV, 

APHI, and AKHWX employees who perform safety-sensitive functions have been screened for 

substance use and are subject to a robust, ongoing, and comprehensive FAA-approved testing 

program. Therefore, the public interest already is served by ensuring that active substance 

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

Last Frontier Air Ventures, Prism Helicopters, Alaska HeliworX and Last Frontier Aviation 

Group have already invested significant resources to ensure a seamless transition during this 

reorganization for the safety of customers and the general public interest. The public interest 

has already been served by the ongoing implementation of an orderly and compliant 

transition plan, further advancing the margin of aviation safety and regulatory compliance. 

Through an ongoing, collaborative integration process LFAG, LFAV, APHI, and AKHWX are 

actively sharing information, procedures, and processes in advance of a single shared drug 

program. This safety collaboration will allow all participants to strengthen the end-state 

program by allowing currently separate administrative processes to adopt best practices for 

all. Within this context, t he public interest will continue to be served when common sense, 

practical exemptions are granted from the regulations. 

{d) The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from 

which Last Frontier Aviation Group seeks the exemption: 

In addition to the safety issues discussed above, the exemption would provide a level of safety 

at least equal to or greater than provided by the rule because the company employees who 

perform safety sensitive functions already have been and continue to be screened for 

substance use through testing and checks for prior employment-related drug and alcohol 

testing violations. Last Frontier Air Ventures, Alaska HeliworX and Prism Helicopters, Inc. 

completed the drug testing and the required checks consistent with established federal 

procedures. 

Ill:.'\. I ~>.::• 3• : RJ ..,,l. t •. l'.1imn. \k 'J'II• 15 

l'h•nc lt ~l .t'-57~:; 
LAST FRONTIER AV AT f~ GROUP 

\\W\\ .I .F/\( i.nct 

(e) A summary we can publish in the Federal Register stating: (1) The rule from which Last 

Frontier Aviation Group seeks the exemption; and (2) A brief description of the nature of the 

exemption Last Frontier Aviation Group seeks: 

Last Frontier Aviation Group requests consideration of this petition requests the FAA to make 

a final decision regarding this petition no later than July 3'd, 2015. LFAG respectfully submits 

that the exemption petition is more procedural than substantive in nature and no party will be 

prejudiced by an early decision. 

Good cause exists in accordance with FAR 11 for an exemption to Federal Register publication 

and comment procedures. LFAG is in the process of securing the necessary documentation 

for positing all companies under one owner and believes that there is no risk to the public 

safety and that the public interest would be served by expediting this request. Last Frontier 

Aviation Group wants to do what is within the public's best interest and makes sense. 

(f) Additional information, views or arguments available to support the request. 

If we can provide additional information of be of any other assistance, please contact Debbie King, 

Director of Administration (907) 745-5722. Last Frontier Aviation Group appreciates your 

consideration of this petition. 

Sincerely, 

David King 

President and Owner: Last Frontier Aviation Group 

I II~ ' I ·'c:tl 3tP Rd . I~· ( r. l'.tlm~·r. \I~ •J% 15 

l'hunc. J')(J7) - 1; -572:: 
Regulations.gov - Other Document 

I t.· _,......,. 

regu 01IOIIS.gov 

Last Frontier Aviation Group- Exemption/Rulemaking 

This Other document was issued by the Federal Aviation Administration (FAA) 

For related information. Open Docket Folder ~ 

Content 

Last Frontier Aviation Group would like permission and/or instruction to operate a single drug program over 

all of its affiliate operators. The affiliates have the same owner. same human resource department. and very 

similar training programs. Last Frontier Aviation Group IS comprised of between 10 and 25 employees. 

including administration. The Human Resources Department which administers the drug program is one 

employee with secretarial support. Operational employees are trained under multiple certificates. Each 

certificate currently has an approved drug program in place. The FAA contact states that the Part 135 

Certificate can have the repair station under its drug program. but that both Part 135 certificate holders may 

nol Last Frontier Aviation Group can neither confirm nor refute that cJaim per regulation. Please find 

attached further details. 

Attachments (1) 

Last Frontier Aviat1on Group - Exempllon/Rulemaking 

View Attachment: ~ • 

htto://www.regulations.gov/ 

Page 1 of2 

Comment Now!J 

10: FAA-201$-0561-0001 

Document lnformatiot 

Date Posted: 

Mar6. 2015 

Show More Details o 

Submitter lnformatior 

Submitter Name: 

Debbie King 

Mailing Address : 

1415 N Local 302 Road Suite G 

City: 

Palmer 

Country: 

United States 

State or Province: 

AK 

ZIP/Postal Code: 

99645 

Comments 

0 

Comments Receivec 

Docket Information 

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3/ 11/2015 
Regulations.gov - Other Document 

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Page 2 of2 

webs~e or the Federal Regisler 

document. 

3/ 11 /2015 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice 2015-22] 

800 Independence Ave 

WashingJon. 0 C 2059 

Petition for Exemption; Summary of Petition Received; Last Frontier Aviation 

Group 

AGENCY: Federal Aviation Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: This notice contains a summary of a petition seeking relief from 

specified requirements ofTitle 14 of the Code of Federal Regulations. The purpose of 

this notice is to improve the public's awareness of, and participation in, the FAA's 

exemption process. Neither publication of this notice nor the inclusion or omission of 

information in the summary is intended to affect the legal status of the petition or its 

final disposition. 

DATES: Conunents on this petition must identify the petition docket number and must 

be received on or before [INSERT DATE 20 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. 

ADDRESSES: Send conunents identified by docket number F AA-20 15-0561 using 

any ofthe following methods: 

CO!<CURRENCES 

ROUTING SVMBOL 

ARM- 104 .. pW 

1 INil'lALSISICNAl'UR .. : 

vc 

DATE 

04/03/2015 

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INITIALS/SIGNATURE 

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AAM-800 

l:<rrr:: DA2t ~t~ ROUTINC SYMBOL 

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DATE 

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ROUTING S\'MBOL 

ISITI.-LSISIGN.-TURE 

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ROUTING SYMBOL 

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DATE 

ROUTING SYMUOL 

INITI.-LSISIGNATURE 

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ROUTING Sl 'MBOL 

ARM- I 

IN ~f5ATURf. 

oM£ 

4r:v~lt 5 l ' 
Exemption No. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

/ 

LAST FRONTIER AVIATION 

GROUP 

Regulatory Docket No. FAA-2015-0561 

for certain exemptions from part 120 

ofTitle 14, Code of 

Federal Regulations 

DENIAL OF EXEMPTION 

By Jetter ~ March { 2015. Mr. pav~in J>resid~, L_9St Fr9Jltier Aviation 

Group (LF AG), 141 ~~ ,Loc?t' 30lRoad, Ste. 6, Palmer, AK 99645, petitioned the 

Federal Aviation Administration (FAA) on behalf ofLFAG for an exemption from 

certain FAA drug and alcohol testing regulations in part 120 of Title 14 of the Code of 

Federal Regulations (14 CFR). The proposed exemption, if granted, would allow two 

part 135 operators, Last Frontier Air Ventures, Ltd. operating under part 135 Certificate 

No. L49A498I and Prism He licopters, Inc. operating under part 135 Certificate 

No. EOOA634 1 (which already operates a combined program with its Part 145 repair 

station under the same name and operating Certificate No. EOOR634D) to combine 

both drug and alcohol programs into one program. 

The petitioner requested relief from the following regulations: 

Section 120.3 prescribes, in pertinent part, that the purpose of part 120 is to establish a 

program designed to help prevent accidents and injuries resulting from the use of 

prohibited drugs or the misuse of alcohol by employees who perform safety-sensitive 

functions in aviatio 

AAM-1 5-80 1- E._ 

~ 

( 

f 

CONCURRENCES 

ROUTING SYMBOL 

ARM-101 

INITIAI.SJSIGNATURE 

vc 

DATE 

05/20/20 15 

ROUTING SYMBOL 

AAM-820 

INITIAI.SJSIGNATURE 

DATE 

ROUTING SYMOOL 

AAM-800 

INITIAI.SJSIGNA TURE 

DATE 

ROUTING SYMBOL 

ARM-100 

~~:i~m:. ~ DATE 

~:So~ '1.5 ROUTING SYMBOL 

ARM-I 

INITIALS/SIGNATURE 

DATE 

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AGC_200 

INITIALS/SIGNATURE 

OATE 

ROUTING SYMBOL 

INITIALS/SIGNATURE 

DATE 

ROUTING SYMBOL 

AAM-1 

INITIALS/SIGNATURE 

DATE 
Regulations.gov - Your Receipt 

regulahons~v 

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The Federal Aviation Administration (FAA) Other: U.S. DOT/FAA- Decision 

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Page 2 of2 

n 1 1 n. '"", ~ 
Project General Info: 

'Docket Number• FAA-2015-0561 

New TC Related: No 

End Product No: AAM-15-801-E 

Title: Last Frontier Aviation Group 

Type: Original Petition 

CFR(s): Part: 40; Part: 120 

FAA Decision: Full Denial 

Resume 

Project Initiated Date: 03/06/2015 

Status: Completed 

Initiated Date: 03/06/2015 OPR Office: AAM-800 ARM Analyst: Castaneda, Val 

Completed Date: 06/18/2015 

Exemption No: 11852 Effective Date: Expiration Date: 

Abstract: Petition for an exemption to operate a single drug program over all of its affiliate operators. The petitioner 

requests to have the final decision by July 3, 2015. 

Printed:6/19/2015 Page 1 of 1 
Exemption No. 11852 

UNITED STATES OF AMERICA 

DEPARTMENT Of7 TRJ\NSPORTATION 

f7EDERAL AVIATION ADM INISTRATION 

W 1\SHINGTON. DC 20591 

In the matter or the petition of 

LAST FRONTIER AVIATION 

GROUP 

for certain exemptions li·orn part 120 

of" Titlc 14, Code of 

Federal Regulations 

Regulatory Docket No. FAA-2015-0561 

DENIAL OF EXEMPTION 

By letter dated March 3, 20 15. Mr. David King. President, Last Frontier Aviation Group 

(Lf7 AG). 1415 N. Local 302 Road, Suite G. Palmer. /\K 99645, petitioned the Federal 

Aviation Administration (FAA) on behalf or LFAG for an exemption fi·om certain FAA drug 

and alcohol testing regulations in part 120 of Title 14 of the Code of Federal Regulations 

( 14 CFR). The proposed exemption. if granted, would allow two part 135 operators, Last 

Frontier Air Ventures, Ltd. operating under part 135 Certificate No. L49A4981 and Prism 

Helicopters, Inc. operating under part 135 Certificate No. EOOA6341 (which already operates 

a combined program with its Part 145 repair station under the same name and operating 

Ccrtiticate No. EOOR6340) to combine both dmg and alcohol programs into one program. 

The petitioner re<Ju estcd relief from the following regulations: 

Section 120.3 prescribes, in pet1incnt part, that the purpose of part 120 is to establish a 

program designed to hdp prevent accidents and injuries resulting from the use of prohibited 

drugs or the misuse or alcohol by employees who perform safety-sensitive functions in 

aviation. 

AAM-15-80 1-E 
Section 120.7, in pertinent part, lor the purposes of part 120, defines Employer as a part I 19 

certificate holder with authority to operate under parts 121 and/or 135; an operator as defined 

in§ 91.147, or an air tra1Ttc control facility not operated by the FAA, or by, or under contract 

to the U.S. Military. 

Sections 120.1 II and 120.219 state, in pertinent part, that an employer is prohibited from 

releasing certain employee information contained in drug and alcohol records. In addition to 

these specific requirements, many part 120 regulations require each employer to have its own 

drug and alcohol testing program. 

The petitioner· supports its request with the following information: 

2 

The petitioner states that the two part 135 operations and one part 145 repair station at issue in 

this petition arc affiliated through ownership under one business group, LFAG. Both 

companies share the same property and employees perform safety-sensitive duties for both 

companies using business agreements. The companies have operated separate part 135 

Certificates and the Department or Transportation (DOT) mandated drug and alcohol testing 

programs arc remarkably similar in function and administration. Granting this petition would 

allow the companies in this group (LFAG) to unify their drug and alcohol testing programs 

while continuing to operate two separate part 135 operations and one part 145 repair station. 

LF AG states that granting this exemption from the FAA's drug and alcohol testing regulations 

and allowing a unified program among the two part 135 operators (including the part 145 

repair station) will be in the public interest due to a decrease in paperwork, statistical 

anomalies, administrative costs and would provide a level of safety because the companies 

could share information, procedures and processes in advance of a single shared program. 

This collaboration will allow LF AG to strengthen the end-state program by adopting a 

program that covers all employees. 

A summary of LF AG's petition was published in the Federal Rc!.!ister on Wednesday, April 

29. 20 15 (80 rR 23847) with a closing comment period of May 19, 2015. No comments were 

received. 

The FAA's analysis is as follows: 

The r AA carefully considered all information presented by the petitioner and finds that 

granting the petition for exemption would not provide a level of safety equivalent to that 

provided by the rule from which it seeks exemption and, therefore. would not be in the public 

interest. 

As defined in § 120.7, each employer or part 119 certificate holder with authority to operate 

under parts 121 or 135 and each operator as defined in § 91.14 7 must have its own drug and 

alcohol testing program. The FAA regulations do not consider groups or corporations as 

employers. and a group or corporation may not accept responsibility for drug and alcohol 

testing program compliance. One of the FAA's uses of the air carrier certificate is to record 
3 

an air carrier's compliance history. The premise that each employer (i.e. certificate holder) 

must have its own drug and alcohol testing program assists the agency in its effort to have an 

accurate image of air carriers' drug and alcohol testing program compliance. Allowing a 

business with two air carrier certificates to maintain a unit'ied drug and alcohol testing 

program could allow the business to present an inaccurate image of compliance for one or 

both of the certiticatcs. For example, LFAG corporation could decide to align all potential 

violation history to one of the part 135 certilicates. regardless of which operating certificate 

incurs violations. Under this circumstance, the public would be unaware of the true 

magnitude of a specific air carrier's compliance under the regulations created to ensure safety. 

For this reason, among others, it is imperative for the safety of the flying public that each 

certi ficatc holder's operating history remains separate. 

The FAA has issued grants of exemption to allow a unified drug and alcohol testing program 

between two employers in expectation of a merger to a single operating certificate. The FAA 

has not granted an exemption to allow a unified dnag and alcohol testing program to two part 

135 operators without the benefit of a merger to surrender one of the certificates. The FAA 

regulation does allow a part 121 or 135 operator to include its employees operating under its 

part 145 repair station certificate, similar to that of Prism Helicopters. This is a common 

practice and ultimately makes the part 135 operation responsible for all compliance and 

enforcement issues for the part 145 repair station. Furthermore, current FAA drug and alcohol 

testing program regulations allow air carriers operating under a part 121 or 135 certificate, and 

a§ 91 .1 47 operation. to maintain a unified drug and alcohol testing program. Under this 

circumstance, the incentive to present an accurate image o'f compliance between the air carrier 

and § 91.14 7 operator is simpler to achieve since the air carrier must accept that the § 91.14 7 

operation will be held to a higher standard of safety, compliance, and potential subsequent 

violation penalty. LF AG owns and operates two part 135 operations and a part 145 repair 

station \Vith business agreements in place to allow lor a shared safety-sensitive workforce. 

Many aviation corporations own two or more certificated companies and engage in business 

agreements to share safety-sensitive workers. Therefore, the r AA does not find LFAG's 

business structure unique. The petition for exemption that LF AG submitted for consideration 

docs not provide an exceptional circumstance that would warrant an exemption to the 

requirement to maintain separate drug and alcohol testing programs, as each is considered a 

separate employer. 

As previously stated. §§ 120. 111 and 120.219. prohibit an employer from releasing the drug 

and alcohol testing records of its employees. The LFAG requests relief from these 

confidentiality requirements in order to share employees· drug and alcohol testing records 

among the companies involved. In addition. LFAG contends that an exemption from 

confidentiality requirements would allow better management and reduce administrative costs. 

While the petitioner states relief from the conlldentiality requirements would reduce costs, the 

FAA linds that relief would compromise employees' drug and alcohol testing record 

information. The FAA does not lind that a grant of exemption from the confidentiality 

requirements in §§ 120.111 and 120.219 is in the public interest. 
The FAA recognizes that the companies· drug and alcohol testing programs are similar in 

content and administration due to their LF AG atliliation. However. the regulations require 

each employer to implement and maintain separate and distinct drug and alcohol testing 

programs to ensure proper administration and strict confidentiality of employees· drug and 

alcohol testing records. 

The FAA's Decision: 

In consideration or the foregoing, I find that a grant or exemption would not be in the public 

interest. Therefore. pursuant to the authority contained in 49 U.S.C. §§ I 06(1), 40 11 3 

and 44701. delegated to me by the Administrntor. the petition of the LFAG for an exemption 

from 14 CFR §§ 120. 7. 120.111 , and 120.219. and from any other parts of I 20 to operate a 

unified drug and alcohol testing program for Last Frontier Air Ventures and Prism 

Helicopters. Inc. is hereby denied. 

Issued in Washington. D.C .. on JUN 1 7 2015 

James R. Fraser 

Federal Air Surgeon 

4 
BILLING CODE 4910-13-P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. 2015-22] 

Petition for Exemption; Summary of Petition Received; Last Frontier Aviation Group 

AGENCY: Federal Aviation Administration (FAA), DOT. 

ACTION: Noti ce. 

SUMMARY: This notice contains a summary of a petition seeking relief from specified 

requirements of Title 14 of the Code of Federal Regulations. The purpose of this notice is to 

improve the public's awareness of, and participation in, the FAA's exemption process. Neither 

publication of this notice nor the inclusion or omission of information in the summary is 

intended to affect the legal status of the petition or its final disposition. 

DATES: Comments on this petition must identify the petition docket number and must be 

received on or before [INSERT DATE 20 DAYS AFTER DATE OF PUBLICATION IN THE 

FEDERAL REGISTER]. 

ADDRESSES: Send comments identified by docket number FAA-20 15-0561 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to http://w\¥W.rcgulations.gov and follow the online 

instructions for sending your comments electronically. 

• Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation 

(DOT), 1200 New Jersey Avenue, SE., Room Wl 2-140, West Building Ground Floor, 

Washington, DC 20590-0001. 
• Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the 

West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through Friday, except Federal holidays. 

• Fax: Fax comments to Docket Operations at 202-493-2251 . 

Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better 

inform its rulemaking process. DOT posts these comments, without edit, including any personal 

information the commenter provides, to http://www.regulations.gov, as described in the system 

of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. 

Docket: Background documents or comments received may be read at 

http://v-.rww.regulations.gov at any time. Follow the online instructions for accessing the docket 

or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Valentine Castaneda (202) 267-7977, Office 

ofRulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, 

DC 20591. 

This notice is published pursuant to 14 CFR 11.85. 

Issued in Washington, DC, on W f.__> 

1 

'LO I ( 

Director, Office of Rulemaking. 

2 
PETITION FOR EXEMPTION 

Docket No.: FAA-2015-0561 

Petitioner: Last Frontier Aviation Group 

Section(s) of 14 CFR Affected: 14 CFR Pru1120 

Description of Relief Sought: Last Frontier Aviation Group is seeking relief from the regulatory 

requirements under 14 CFR pru1120 to maintain and administer separate drug and alcohol 

testing programs for two of its part 135 operations. Last Frontier Aviation Group anticipates that 

operating one combined drug and alcohol testing program, for Last Frontier Air Ventures, Ltd. 

and Prism Helicopters Inc., will decrease potential statistical anomalies for random testing as 

well as reduce paperwork and administrative costs. 

3 
Federal Register I Vol. 80, No. 82 /Wednesday, April 29, 2015 I Notices 23847 

Adviser or Subadviser (as defined 

below) to pursue the Fund's investment 

objective. 

2. The Adviser, a Delaware limited 

liability company, will be the 

investment adviser to the Initial Funds. 

An Adviser (as defined below) will 

serve as investment adviser to each 

Fund. The Adviser is, and any other 

Adviser will be, registered as an 

investment adviser under the 

Investmen t Advisers Act of1940 

("Advisers Act"). The Ad\riser may 

retain one or more subadvisers (each a 

"Subadviser") to manage the portfolios 

of the Funds. Any Subadviser will be 

registered, or not subject to registration, 

under the Advisers Act. 

3. The Distributor is a Delaware 

limited liability company and a brokerdealer registered under the Securities 

Exchange Act of 1934 and will act as the 

principal underwriter of Shares of the 

Funds. Applicants request that the 

requested relief apply to any distributor 

of Shares. whether affili ated or 

unaffiliated with the Adviser (included 

in the term "Distributor" ). Any 

Distributor will comply with the terms 

and conditions of the Order. 

Applicants' Requested Exemptive Relief 

4. Applicants seek the requested 

Order under section 6(c) of the Act for 

an exemption from sections 2(a)(32), 

5(a)(1 ), 22(d) and 22(e) of the Act and 

rule 22c-1 under the Act, under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and 

17(a)(2) of the Act, and under section 

12(d)(1)(J) of the Act fo r an exemption 

from sections 12(d)(1)(A) nnd (B) of the 

Act. The requested Order would permit 

applicants to offer exchange-traded 

managed funds. Because the relief 

requested is the same as the relief 

granted by the Commission under the 

Reference Order and because the 

Adviser has entered into. or anticipates 

entering into, a licensing agreement 

witJ1 Eaton Vance Management. or an 

affiliate thereof in order to offer 

exchange-traded managed funds, 2 the 

Order would incorporate by reference 

the terms and cond itions of the 

Reference Order. 

5. Applicants request that the Order 

apply to the Initial Funds and to any 

otller existing o1· f1tture open-end 

managemen t investment company or 

series thereof that: (a) Is advised by the 

Adviser or any entity controlling, 

con trolled by, or under common control 

with the Adviser (any such entity 

included in the term "Adviser"); and (b) 

2 Eaton V(IJlCO Management bas obtained patents 

with respt•c.t to curtain aspects of tJJO Funds' method 

of opcmtion as exchange· traded managed funds. 

operates as an exchange-traded managed 

fund as described in t11e Reference 

Order; and (c) compl ies with the terms 

and conditions of the Order and of tlle 

Reference Order, which is incorporated 

by reference herein (each such company 

or series and Initial Fund . a "Fund").3 

6. Section 6(c) of the Act provides that 

the Commission may exempt any 

person, security or transaction, or 11 ny 

class of persons, securities or 

transactions, from any provisions of the 

Act, if and to the extent that such 

exemption is necessary or appropriate 

in tlle public interest and consistent 

with the protection of investors and the 

purposes fa irly intended by the policy 

and provisions of tlle Act. Section 17(b) 

of t he Act authorizes t11e Commission to 

exempt a proposed transaction fTom 

section 17(a) of the Act if evidence 

establishes that the terms of the 

transaction, including the consideration 

to be paid or received, arc rcasonnble 

and fair and do not involve 

overreaching on the part of any person 

concerned, and the proposed 

transaction is consistent with the 

policies of the registered investment 

company and the general purposes of 

the Act. Section 12(d)(1)(}) of the Act 

provides that the Commission may 

exempt any person, security, or 

transaction, or any class or classes of 

persons, securities or transactions, from 

any provision of section 12(d)(1) if the 

exemption is consistent with the public 

interest and the p rotection of investors. 

7. Applicants submit that for the 

reasons stated in the Reference Order: 

(1) With respect to the relief requested 

pursuant to section 6(c) of the Act, the 

relief is appropriate, in the public 

interest and consistent with the 

protection of investors and the pu rposes 

fairly intended by the policy and 

provisions of the Act; (2) with respect to 

the relief request pursuant to section 

17(b) of the Act, the proposed 

transactions are reasonable and fair and 

do not involve overreaching on the part 

of any person concerned, are consistent 

with th~ policies of each registered 

investment company concerned and 

consistent with the general purposes of 

the Act; and (3) with respect to the relief 

requested pursuant to section 12(d)(l)(J) 

of the Act, the relief is consistent with 

the public interest and the protection of 

investors. 

' All entities that currently il1tend to rely on the 

Order are named as applicants. Any other entity 

that relies em the Order in the futmo will comply 

with the terms and conditions of tho Order and of 

the Reference Order. which is incorporated by 

reference herein. 

By the Division of Investment 

Management. pursuant to delegated 

authority. 

Brent J. Fields, 

Secretary. 

(FR Doc. 2015-o9964 Filed 4-28--15:8:45 am) 

BILLING CODE 8011-01-P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94-409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Wednesday, April 29, 2015 at 12:00 

p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or her designee, has 

certified that. in her opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7). 9(ii) 

and (10). permit consideration of the 

scheduled matter at the Closed Meeting. 

Commissioner Aguilar, as duty 

officer, voted to consider the item listed 

for the Closed Meeting in closed 

session, and determined that no earlier 

notice thereof was possible. The subject matter of the Closed 

Meeting will be a matter related to an 

enforcement proceeding. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact the Office of the Secretary at 

(202) 551-5400. 

Dated: April 24, 2015. 

Brent J. Fields, 

Secretary. 

(I'R Doc. 2015-10037 Filed 4-27- 15: 11:15 am) 

BILLING CODE 8011-01- P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. 201 5-22] 

Petition for Exemption; Summary of 

Petition Received; Last Frontier 

Aviation Group 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 
23848 Federal Register I Vol. 80, No. 82 I Wednesday, April 29, 2015 I Notices 

ACTION: Notice. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Title 14 

of the Code of Federal Regulations. The 

purpose of this notice is to improve the 

public's awareness of, and participation 

in, the FAA's exemption process. 

Neither publ ication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

d isposition. 

DATES: Comments on this petition must 

identify the peti tion docket number and 

must be received on or before May 19, 

2015. 

ADDRESSES: Send comments identified 

by docket number FAA- 2015-{)561 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and fo llow 

the online inslructions for sending your 

comments eleclronically. 

• Mail: Send comments to Docket 

Operations, M- 30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12- 140, West 

Buildi ng Ground Floor, Washington, DC 

20590- 0001. 

• Hand Delive1y or Courier: Take 

comments to Docket Operations in 

Room W12-140 of the West Building 

Grou nd Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202-493- 2251. 

Privacy: In accordance with 5 U.S.C. 

553(c). DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http:/ /www.regulations.gov, as 

described in the system of records 

notice (DOT/ ALL- 14 FDMS), which can 

be reviewed at http://wJ.vw.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulalions.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12-140 of the 

West Building Ground Floor at1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through friday, except federa l holidays. 

FOR FURTHER INFORMATION CONTACT: 

Valentine Castaneda (202) 267- 7977, 

Office of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CfR 11.85. 

Issued in Washington. DC. on April 23, 

2015. 

Lirio Liu, 

Director, Office of Rulemoking. 

Petition for Exemption 

Docket No.: FAA-2015- 0561. 

Petitioner: Last Frontier Aviation 

Group. 

Section(s) of 14 CFR Affected: 14 CfR 

part 120. 

Description of Relief Sought: Last 

Frontier Aviation Group is seeking relief 

from the regulatory requirements under 

14 CFR part 120 to mainta in and 

administer separate drug and alcohol 

testing programs for two of its part 135 

operations. Last Frontier Aviation 

Group anticipates that operating one 

combined drug and alcohol testing 

program, for Last Frontier Air Ventures, 

Ltd. and Prism Helicopters Inc., will 

decrease potential statistical anomalies 

for random testing as well as reduce 

paperwork and administrative costs. IFR Doc. 2015-09949 Filed 4- 28-15; 8:45 ami 

BILLING CODE 491o-13-P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. 2015-14] 

Petition for Exemption; Summary of 

Petition Received; Airlines for America 

AGENCY: Federal Aviation 

AdminisLralion (FAA), DOT. 

ACTION: Notice. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Tille 14 

of the Code of Federal Regulations. The 

purpose of this notice is to improve the 

public's awareness of, and participation 

in, the FAA's exemption process. 

Neither publication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of the petition or its fina l 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before May 19, 

2015. 

ADDRESSES: Send comments identified 

by docket number FAA- 2015- 0555 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

hllp://www.regulations.gov and follow 

the online inslructions for sending your 

commen ts cleclronically. 

• Mail: Send comments to Docket 

Operations, M- 30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12-140, West 

Building Ground Floor, Washington, DC 

2059Q-0001 . 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12-140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202-493-2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

hllp:/ !www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL- 14 FDMS), which can 

be reviewed at hllp://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any lime. 

Follow the online instructions fo r 

accessing the docket or go to the Docket 

Operations in Room W12-140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, bet-ween 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Keira Jones (202) 267-4024, Offi ce of 

Rulemaking, Federal Aviation 

Adminislration, 800 Independence 

Avenue SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on April 24. 

2015. 

Lirio Liu, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA-2015- 0555. 

Petitioner: Airlines for America. 

Section(s) of14 CFR Affected: 

§ 121.629(b). 

Description of Relief Sought: Airlines 

for America seeks to allow its member 

carriers to operate the Boeing 6737-600, 

- 700, - 800, and - 900/-900ER Next 

Generation series aircraft with cold 

soaked fuel frost (CSFF) present in 

defined areas of the wing upper surface. 

The relief would be limited by U1e FAAapproved Airplane Flight ManualMiscellaneous Limitations notion, 

which defines conditions under which 

takeoff with CSFF is not permitted. 

IFR Doc. 2015-Q9981 Filed 4-28-15; 8:45am] 

BILLING CODE 491o-13-P