AAM-13-254-E 

April 16, 2013 

 Exemption No. 10749 

 Regulatory Docket No. FAA-2013-0203 

Mr. Charles Street 

Director of Operations 

Cardinal Air Services, Inc. 

3710 Artesia Avenue 

Fullerton, CA 92833 

Dear Mr. Street: 

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 list conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated February 25, 2013, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Cardinal Air Services, Inc. (CAS) for an exemption from part 121, appendices I 

and J of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow CAS 

to cover its safety-sensitive employees under one testing program. 

Although you requested relief from part 121, appendices I and J, that section has since been 

redesignated to part 120. The redesignation was included in the “Drug and Alcohol Testing 

Program” final rule published in the Federal Register on May 12, 2009 (74 FR 22649). 

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 CAS. 

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 
2 

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 are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9703; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9703 

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 Cardinal Air Services, Inc. an exemption from 14 CFR 

part 120 to the extent necessary to allow CAS, 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 CAS 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 CAS part 135 operations, not under part 91. 

This exemption terminates on April 30, 2015, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

James R. Fraser, M.D. 

Deputy Federal Air Surgeon 

Enclosure