AAM-10-231-E 

May 5, 2010 

 Exemption No. 10059 

 Regulatory Docket No. FAA-2010-0396 

Mr. Jeff Veers 

Designated Employee Representative 

Duffy’s Aircraft Sales and Leasing (also d.b.a. Aviation on Demand, LLC) 

400 West 29th Street 

Marshfield, WI 54449 

Dear Mr. Veers: 

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 April 1, 2010, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Duffy’s Aircraft Sales and Leasing (also d.b.a Aviation on Demand, LLC) (Duffy’s 

Aircraft Sales and Leasing) for an exemption from part 120 of Title 14, Code of Federal 

Regulations (14 CFR). That exemption, if granted, would allow Duffy’s Aircraft Sales and 

Leasing, which is operating under separate parts of the regulations, to cover its safetysensitive employees under one 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 Duffy’s Aircraft Sales and Leasing. 

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. 9703 (copy enclosed), the FAA 

found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 

operations. The FAA also found that combining the petitioner’s two testing programs into 

one would be in the public interest and would maintain an equivalent level of safety to that 
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provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden 

the petitioner by requiring it to conduct two separate testing programs. 

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 Duffy’s Aircraft Sales and Leasing d.b.a Aviation on 

Demand, LLC an exemption from part 120 to the extent necessary to allow Duffy’s Aircraft 

Sales and Leasing, which is operating under separate parts of the regulations, to cover its 

safety-sensitive employees under one testing program, subject to the conditions and 

limitations described below. 

Conditions and Limitations 

1. Employees of Duffy’s Aircraft Sales and Leasing 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 

 Duffy’s Aircraft Sales and Leasing part 135 operation, not under part 91. 

This exemption terminates on May 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Frederick E. Tilton, M.D. 

Federal Air Surgeon 

Enclosure