AAM-10-383-E Sep 09 2010

Exemption No. 10130 Regulatory Docket No. FAA-2010-0878

William L. Elder, Esq. Counsel for NetJets Aviation, Inc. and NJI, Inc. Hogan Lovells US LLP

555 13 th Streets, NW. Washington, DC 20004

Dear Mr. Elder:

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 August 20, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of NetJets Aviation, Inc. (NJA), for an exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR). That exem ption, if granted, would permit NJA to operate its drug and alcohol testing program in unison with NJI, Inc’s., drug and alcohol 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 NJI and NJA.

The FAA has issued grants 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 individuals transferring from Northwes t to Delta would perform the same functions as prior to the merger. In addition, Delta’s reasons do not differ materially from those presented by the findings of the precedent setting grant of Exemption No. 6960. That exemption allowed individuals to be transferred from one operating certificate to the other2

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 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 NJA, Inc., an exemption from part 120 to the extent necessary to permit NetJets Aviation, Inc., to operate its drug and alcohol testing program in unison with NJI, Inc’s., drug and alcohol testing program.

Conditions and Limitations

1. NJA and NJI must submit 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. NJI must continue to submit MIS annual report data for each year or portion thereof for which they are in operation.

3. All NJA 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 (NJA and NJI) must be produced at one central employer location within 6 months of the single certificate

issuance date.3

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. NJA must refer to the DOT

decision. This exemption terminates on November 30, 2010, unless sooner superseded or rescinded.

Sincerely,

/s/ James R Fraiser, MD Deputy Federal Air Surgeon

Enclosures