AFS-08-080-E

Exemption No. 9703

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

SOLID EDGE 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 Employer 

Representative, Solid Edge Aviation, LLC. (Solid Edge), 1225 Airport Road, Sedona, AZ 

86336, petitioned the Federal Aviation Administration (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 regulations, to cover its safety-sensitive employees 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 designed to prevent accidents and injuries that result from 

the use of prohibited drugs and the misuse of alcohol by any employee who performs 

safety-sensitive functions for a part 119 certificate holder with authority to operate 

under parts 121 and/or 135 or 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 testing 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 fly for its part 91 

air tour and part 135 operations. In this situation, these pilots 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 

company of its size. Solid Edge’s designated employer representatives (DER) claims 

that he can adequately manage 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 70370). 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 

safety equivalent to that provided by the current regulations. 

The FAA’s drug and alcohol testing regulations (part 121, appendices I and J) require 

a part 119 certificate holder with authority 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 company, 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 certificate holder were an individual employer. 

This means that all the testing requirements, such as pre-employment 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 fly for both part 135 and part 91 

operations. As an air tour operator conducting flights under § 91.147, Solid Edge has 

no other obligations for purposes of conducting this business except for the 

requirement to implement a drug and alcohol testing program. Requiring separate drug 

and alcohol testing programs would unnecessarily subject Solid Edge’s pilots to 

duplicate testing. This, in turn, increases Solid Edge’s cost of operation without an 

increase in safety. Therefore, the FAA finds that, in this case, § 91.147 air tour 

operations by Solid Edge are so closely connected to Solid Edge’s part 135 operations 

that combining two testing programs into one will be in the public interest and 

maintain a level of safety equivalent to that provided by the current regulations. Under 

one testing program, the pilots will still be subject to drug and alcohol testing 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 simply
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unnecessary to burden Solid Edge by requiring them to conduct two separate testing 

programs when one testing program will suffice to ensure the level of safety required 

by the rules.

The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority 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 employees under 

one testing program, subject to the following conditions and limitations.

Conditions and Limitations

1. Employees 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, unless sooner superseded or rescinded.

Issued in Washington, DC, on June 2, 2008.

/s/

Frederick E. Tilton, MD

Federal Air Surgeon