# ~BARRIER ISLAND AVIATION

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Re: Petition for Exemption or Rulemaking Docket Management Facility US Department ofTransportation 1200 NewJersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 To whom it may concern: This letter is to request an extension for the exemption granted to us 11-9-2010 for the combination ofour drug abatementprogram Part 91 Air tour operation and our Part 135 operations (ExemptionNo 10161 & Reg docket No FAA-2010-1121). This wouldbe an exemptionto 14 CFRPart 120.117 (a)&(b) which requires the programs to be separate. Due to the size ofour operation at Barrier Island Aviation (which consist offour people) we would like to combine the drug programs to simplify ourrecord keeping since having two programs would be a duplication ofpaperwork. This will allowus to focus more on aviation safety since less time will be dedicated to the duplication stated above. We would likethis exemptionto take place as soon as possible. Sincerely, Andy Rosman President

mail@barrierislandaviation.com 

## I !USDepar.tment ofTransportation Federal Aviation Administration

November 9, 2010

Mr. Andy Rosman President Barrier Island Aviation 407 Airport Road Manteo, NC 27954 DearMr. Rosman: ExemptionNo. 10161 800 Independence Ave

. Sw Washington. DC 20591

Regulatory DocketNo. FAA-2010-1121

This letter is to inform you that we have granted your request for exemption. Ittransmits our decision, explains its basis, and gives you the conditions and limitations ofthe exemption, including the date it ends. The Basis for Our Decision By letter dated November 2, 2010, you petitioned the Federal Aviation Administration (FAA) onbehalfofBarrier Island Aviation for an exemption from part 120 ofTitle 14, Code of Federal Regulations (14 CFR). That exemption, ifgranted, would allow BarrierIsland Aviation, which is operating under separate parts ofthe regulations, to cover its safetysensitive employees under one testing program. The FAA has determined that good cause exists for notpublishing a summary ofthe petition in the Federal Register because the requested exemption would not set aprecedent, and any delay in acting on this petition would be detrimental to Barrier Island Aviation. The FAA has issued a grant ofexemption in circumstances similar in all material respects to those presented in your petition. In Grant ofExemptionNo. 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 into one would be in the public interest and would maintain an equivalent level ofsafetyto that

AAM-11-034-Eprovided by the current regulations. Thus, the FAA concluded it was unnecessary to burden the petitionerby requiring it to conducttwo separate testing programs. Having reviewed your reasons for requesting an exemption, I find that2

• 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 ofexemption is in the public interest. OurDecision Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Barrier Island Aviation an exemption from part 120 to the extent necessary to allow Barrier Island Aviation, which is operating under separate parts of the regulations, to cover its safety-sensitive employees under one testing program, subjectto the conditions and limitations described below. Conditions and Limitations 1. Employees ofBarrier Island Aviation 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 Barrier Island Aviation part 135 operation, not under part 91. This exemption terminates onNovember 30, 2012, unless sooner superseded or rescinded. Sincerely, 

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

Enclosure