AAM-11-078-E Dec 17 2010

Exemption No. 10181 Regulatory Docket No. FAA-2010-1234

Mr. Brian H. Short Director of Operations Capital City Jet Center

2000 Norton Road Columbus, OH 43228

Dear Mr. Short:

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 December 1, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Capital City Jet Center for an exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Capital City Jet Center, which is operating under separate parts of the regulations, to cover its safety-sensitive employees under one testing program.

Although you requested to operate outside of the United States (U.S.), the FAA's drug and alcohol testing regulations do not apply to indi viduals or companies who operate outside of the territories of the U.S. Therefore, this part of your exemption is not necessary.

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 Capital City Jet Center.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9703 (copy enclosed), the FAA2

found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 operations. The FAA also found that combining the petitioner’s two testing programs into one would be in the public interest and would maintain an equivalent level of safety to that provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden the petitioner by requiring it to conduct two separate testing programs.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

 the reasons stated by the FAA for granting the enclosed exemption 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 Capital City Jet Center an exemption from part 120 to the extent necessary to allow Capital City Jet Center, which is operating under separate parts of the regulations, to cover its safety-sensitive employees under one testing program, subject to

the conditions and limitations described below.

Conditions and Limitations

1. Employees of Capital City 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 Capital City Jet Center part 135 operation, not under part 91.

This exemption terminates on January 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Frederick E. Tilton, M.D. Federal Air Surgeon

Enclosure