AAM-10-341-E 

Aug 11 2010 

 Exemption No. 10112 

 Regulatory Docket No. FAA-2010-0738 

Mr. Timothy Dunn 

Chief Flight Instructor 

Northeast Helicopters Flight Services, LLC 

P.O. Box 497 

Ellington, CT 06029 

Dear Mr. Dunn: 

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 July 8, 2010, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Northeast Helicopters Flight Services, LLC (Northeast Helicopters) for an 

exemption from § 91.147 of Title 14, Code of Federal Regulations (14 CFR). That 

exemption, if granted, would allow Northeast Helicopters, which is operating under separate 

parts of the regulations, to cover its safety-sensitive employees under one testing program. 

Although you requested relief from § 91.147, the FAA recognizes that Northeast Helicopters 

now require relief from part 120. On May 14, 2009, the FAA published the “Drug and 

Alcohol Testing Program” final rule in the Federal Register (74 FR 22649). A copy is 

enclosed for your information. 

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 Northeast Helicopters. 

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 FAA 

found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 
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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 Northeast Helicopters Flight Services, LLC an exemption 

from part 120 to the extent necessary to allow Northeast Helicopters, 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 Northeast Helicopters 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 Northeast Helicopters part 135 operation, not under part 91. 

This exemption terminates on August 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Dr. James R Fraiser 

Deputy Federal Air Surgeon 

Enclosure