AAM-10-211-E April 9, 2010 Exemption No. 10049 Regulatory Docket No. FAA-2010-0358

Mr. Chin Yi Tu

President Civic Helicopters, Inc. 2206 Palomar Airport Road, Suite H Carlsbag, CA 92011

Dear Mr. Tu:

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 March 23, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Civic Helicopters, Inc. (Civic Helicopters), for an exemption from § 91.147 of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Emerson Aviation, 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 Emerson Aviation now requires 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 Civic 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 operations. The FAA also found that combining the petitioner’s two testing programs into2

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 Civic Helicopters, Inc., an exemption from part 120 to the extent necessary to allow Civic 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 Civic 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 Civic Helicopters part 135 operation, not under part 91.

This exemption terminates on April 30, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

James R. Fraser Deputy Federal Air Surgeon

Enclosures