AFS

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- E Exemption No. 9703

UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC 20591

In the matter of the petition of

**SOLID ED GE AVIATION, LLC**  **Regulatory Docket No. FAA**

**- 2007** 

**- 0181**  for an exemption from part 121 appendices I and J of Title 14, Code of Federal Regulations

**GRANT OF EXEMPTION** By letter dated October 23, 2007, Mr. Harold Weir, Chief Pilot/Designated Employ er Representative, Solid Edge Aviation, LL C. (Solid Edge), 1225 Airport Road, Sedona, AZ 86336, petitioned the Federal Aviation Adminis tration (FAA) on behalf of Solid Edge for an exemption from part 121, appendices I and J of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would permit Solid Edge, which is operating under separate parts of the regulat ions, to cover its safet y - sensitive employ ees under one testing program

. **The petitioner requests relief from the following regulation:** Part 121, appendices I and J of Title 14, prescribes, in pertinent part, that the drug and alcohol testing program is de signed to prevent accidents and injuries that result from the use of prohibited drugs and the misuse of alcohol by an y employ ee who performs safet y - sensitive functions for a part 119 certificate holder with authority to operate under parts 121 and/or 135 o r an operator as defined in § 91.147

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**The petitioner supports its request with the following information:** Solid Edge petitioned the FAA for an exemption from the regulatory requirements to implement and maintain two separate drug and alcohol testi ng programs for its part 135 air carrier operation and part 91 air tour operation (Red Rock Biplane and Helicopter Tours). The petitioner has eight pilots, several of which fl y for its part 91 air tour and part 135 operations. In this situation, these pi lots have the possibility of being randomly

tested for both operations at the same time. Solid Edge contends that this more than doubles its drug testing expenses, which is a financial hardship to a compan y of its size. Solid Edge ’s designated employ er r epresentatives ( DER ) claims that he can adequatel y m anage all personnel under one drug and alcohol testing program and still meet the FAA’s requirements. A summary

of the petition was published in the Federal Register on December 11, 2007 ( 72 FR 7037 0). No comments were received. **The FAA's analysis is as follows:** The FAA has considered fully the petitioner’s request and supporting materials, and finds that a grant of exemption would be in the public interest and maintain a level of safet y equivalent to that provided b y the current regulations. The FAA’s drug and alcohol testing regulations (part 121, appendices I and J) require a part 119 certificate holder with authorit y to operate under parts 121 and/or 135, or an operator as defined in § 91.147, to implement a drug and alcohol testing program. Under the regulations, when a compan y, such as Solid Edge, conducts both 135 operations and part 91 air tour operations, it is required to implement separate and distinct testing programs, as if each certif icate holder were an individual employ er. This means that all the testing requirements, such as pre

- employ ment testing, confidentiality

of results, DER, training programs, etc., must be separate. Therefore, the FAA concurs that Solid Edge requires an exemption from appendices I and J of part 121 in order to combine its drug and alcohol testing programs into one. Solid Edge has eight pilots, several of which fl y for both part 135 and part 91 operations. As an air tour operator conducting flights under § 9 1.147, Solid Edge has no other obligations for purposes of conducting this business except for the requirement to implement a drug and alcohol testing program. R equiring separate drug and alcohol testing programs would unnecessarily subject Solid Edge’s pi lots to duplicate testing. This, in turn, increases Solid Edge’s cost of operation without an increase in safet y. Therefore, the FAA finds that, in this case, § 91.147 air tour operations b y Solid Edge are so closel y connected to Solid Edge’s part 135 oper ations that combining two testing programs into one will be in the public interest and maintain a level of safet y equivalent to that provided by the current regulations. Under one testing program, the pilots will still be subject to drug and alcohol testin g in accordance with appendices I and J of part 121. Furthermore, the removal of duplicate testing will eliminate an unnecessary financial burden for Solid Edge. It is simply3

unnecessary

to burden Solid Edge b y requiring them to conduct two separate testi ng programs when one testing program will suffice to ensure the level of safety required by the rules.

**The FAA’s Decision** Inconsideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the autho rity contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Solid Edge Aviation, LLC., is granted an exemption from 14 CFR part 121, appendices I and J to the extent necessary to permit Solid Edge Aviation, that is operating under separate parts of the regulations, to cover its safety

- sensitive employ ees under one testing program , subject to the following conditions and limitations.

**Conditions and Limitations** 1. E mploy ees of Solid Edge 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 Solid Edge part 135 operation, not under the part 91. This exemption terminates on June 30, 2010, unles s sooner superseded or rescinded. Issued in Washington, DC, on June 2, 2008.

/s/ Frederick E. Tilton, MD Federal Air Surgeon