AAM

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- E February 24, 2014

Exemption No. 10943

Regulatory Docket No. FAA

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- 0021

Ms. Bridget Kerchner

Manager, Drug and Alcohol Program

American Airlines , Inc.

4333 Amon Carter Boulevard , MD 5187

Fort Worth, TX 76155

Dear Ms. Kerchn er :

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 (1 4 CFR) . That exemption, if granted, would permit American

to operate its drug and alcohol testing program in un ison 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 resp ects to

those presented in your petition. In Grant of Exemption No. 9927 (copy e nclosed), 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. That2

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 safe t y and is in the public

interest.

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

—

• they are similar in all material respect s 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 grant ed an exemption from part

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

in unison with US Airways

, subj ect 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 pe rcent 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 ea ch 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 dr ug 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.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. American must refer to the DOT

decision.

This exemption terminates on February 28, 2016 , unle ss sooner superseded or rescinded.

Sincerely,

/s/

James R. Fraser, M.D.

Acting Federal Air Surgeon

Enclosures4

Project No.: A AM

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Project Officer: _______________

ARM

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ARM

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MS BRIDGET KERCHNER

MANAGER DRUG AND ALCOH OL PROGRAM

AMERICAN AIRLINES INC

4333 AMON CARTER BOULEVARD MD 5187

FORT WORTH TX 76155