~BARRIER ISLAND AVIATION 

Federal Aviation Administration 

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Manteo, NC 27954 

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FAX: 252.473.4246 

Re: Petition for Exemption or Rulemaking 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey 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 of our drug abatement program Part 91 Air tour operation and our Part 135 

operations (Exemption No 10161 & Reg docket No FAA-2010-1121). This would be an 

exemption to 14 CFR Part 120.117 (a )&(b) which requires the programs to be separate. 

Due to the size of our operation at Barrier Island Aviation (which consist of four people) 

we would like to combine the drug programs to simplify our record keeping since having 

two programs would be a duplication of paperwork. This will allow us to focus more on 

aviation safety since less time will be dedicated to the duplication stated above. We 

would like this exemption to take place as soon as possible. 

Sincerely, 

Andy Rosman 

President 

mail@barrierislandaviation.com 

I 

! 
US Depar.tment 

of Transportation 

Federal Aviation 

Administration 

November 9, 2010 

Mr. Andy Rosman 

President 

Barrier Island Aviation 

407 Airport Road 

Manteo, NC 27954 

Dear Mr. Rosman: 

Exemption No. 10161 

800 Independence Ave . S w 

Washington. DC 20591 

Regulatory Docket No. FAA-2010-1121 

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 November 2, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Barrier Island Aviation for an exemption from part 120 of Title 14, Code of 

Federal Regulations (14 CFR). That exemption, if granted, would allow Barrier Island 

Aviation, which is operating under separate parts of the regulations, to cover its safetysensitive employees under one testing program. 

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 Barrier Island Aviation. 

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 into 

one would be in the public interest and would maintain an equivalent level of safety to that 

AAM-11-034-E 
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 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 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 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, subject to 

the conditions and limitations described below. 

Conditions and Limitations 

1. Employees of Barrier Island Aviation are subject to the drug and alcohol 

regulations at all times while conducting operations under part 13 5 or part 91. 

2. The drug and alcohol testing program must be implemented under the auspices of 

the Barrier Island Aviation part 13 5 operation, not under part 91. 

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

Sincerely, /i(;';a._-

Frederick E. Tilton, M.D. 

Federal Air Surgeon 

Enclosure