AAM-14-110-E

February 24, 2014

 Exemption No. 10943

 Regulatory Docket No. FAA-2014-0021

Ms. Bridget Kerchner

Manager, Drug and Alcohol Program

American Airlines, Inc.

4333 Amon Carter Boulevard, MD 5187

Fort Worth, TX 76155

Dear Ms. Kerchner:

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 January 10, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of American Airlines, Inc. (American) for an exemption from part 120 of Title 14, 

Code of Federal Regulations (14 CFR). That exemption, if granted, would permit American

to operate its drug and alcohol testing program in unison with US Airways’ drug and alcohol 

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 American and US Airways.

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. 9927 (copy enclosed), the FAA 

found that the individuals transferring from Northwest to Delta would perform the same 

functions as prior to the merger. In addition, Delta’s reasons do not differ materially from 

those presented in the findings of the precedent-setting grant of Exemption No. 6960. That 
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exemption allowed individuals to be transferred from one operating certificate to the other 

without performing pre-employment testing. The FAA found that a grant of exemption from 

the pre-employment testing requirement does not adversely impact safety and is in the public 

interest.

Having reviewed your reasons for requesting an exemption, I find that—

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9927;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9927 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. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, American Airlines, Inc. is granted an exemption from part 

120 to the extent necessary to permit American to operate its drug and alcohol testing program 

in unison with US Airways, subject to the conditions and limitations described below.

Conditions and Limitations 

1. American and US Airways must submit Management Information System (MIS)

annual report data that is within 2 percent of the administrator’s minimum annual rate. 

Specifically, the amount to be tested for drugs is no less than 24.5 percent (2% of 

25%) and for alcohol no less than 9.8 percent (2% of 10%).

2. American must continue to submit MIS annual report data for each year or portion 

thereof for which they are in operation.

3. All American locations must be in compliance with the requirement to display 

informational materials and hotline numbers within 6 months of the single operating 

certificate issuance date. 

4. All drug and alcohol testing records for the combined programs (American and US 

Airways) must be produced at one central employer location within 6 months of the 

single certificate issuance date. 
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5. The FAA’s confidentiality requirements are regulated by the DOT’s procedural 

regulation 49 CFR part 40, specifically § 40.25. The FAA concurs with the DOT’s 

determination regarding confidentiality requirements. American must refer to the DOT

decision.

This exemption terminates on February 28, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

James R. Fraser, M.D.

Acting Federal Air Surgeon

Enclosures
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Project No.: AAM-14-110-E

Project Officer: _______________

ARM-101:KJones:1/13/2014:Doc#37719

ARM-1/100/101:Program Office AAM-800

MS BRIDGET KERCHNER

MANAGER DRUG AND ALCOHOL PROGRAM

AMERICAN AIRLINES INC

4333 AMON CARTER BOULEVARD MD 5187

FORT WORTH TX 76155