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US Department of Transportation 

Docket Operations M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, SE 

JA/ashington,=DG-20590 — — 

December 3, 2011 

RE: Exemption NO. 10025 

Docket NO. FAA-2010-0243 

Subject: Petition for Extension of Exemption 

Kansas City Aviation Center Inc. was granted the exemption referenced in March of 2010 to 

allow us to operate our flight academy drug testing in conjunction with our part 135 testing 

program. As all factors from the original petition remain the same, Kansas City Aviation Center 

requests an extension of the exemption, so we may continue to test as we have in the past two 

years. 

I have included our original request for the exemption as well as the letter granting that 

exemption in 2010. 

If you have any questions or concerns, please do not hesitate to contact me with the 

information below. _ . . 

Thank you for your assistance. 

Since 

Anthony-K/lateer, Director of Operations 

Kansas City Aviation Center, Inc. 

Midwest Aviation Center, LLC 

15325 5. Pflumm • Dlathe. K5 • B6DB2 • P [913) 782-0530 • [BOD] 720-5222 • F (913) 7a2-B472 
e 

U.S. Department 

o( Tronsportation 

Federal Aviation 

Administration 

MAR 1 7 2010 

800 Independence Ave.. S.W. 

Washingion. D.C. 2059) 

Exemption No. 10025 

Regulatory Docket No. FAA-2010-0243 

Mr.-Anthony'Mateer ~~ ' ~^"' '"""' " " ' " -- — 

Director of Operations 

Kansas City Aviation Center, Inc. 

15325 South Pflumm 

Olathe, KS 66062 

Dear Mr. Mateer: 

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 February 24, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Kansas City Aviation Center, Inc. (Kansas City Aviation Center), for an 

exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR). That exemption, 

if granted, would allow Kansas Cit}' Aviation Center, which is operating under separate parts 

of the regulations, to cover its safety-sensitive employees under one testing program. 

The FAA has determined that good cause exists for not publisbJng 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 Kansas Cit>' Aviation Center. 

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 

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. 

AFS-10-192- E 
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 authorit)' contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Kansas Cit>' Aviation Center, Inc., an exempjion from, part__ 

T2~^0 to the extent necessary to allow Kansas City Aviation Center, 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 Kansas City Aviation Center 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 Kansas City Aviation Center part 135 operation, not under part 91. 

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

Sincerely, 

'^AM^ 

Fred Tilton , M.D. 

Federa l Air Surgeon 

Enclosure 
March 4, 2010 

PETITION FOR EXEMPTION 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE. 

West Building Ground Floor, Room^W12-140_ 

"Washington, DC 20590 

SUBJECT: PETITION FOR GRANT OF EXEMPTION 

Pursuant to Section 11.61(b) of the Federal Aviation Regulation (FAR), Kansas City Aviation Center Flight 

School operating with a 14 CFR, Section 91.147 air tour Letter of Authorization, (KVCJCE05) as required by 

14 CFR Part 119.1(e)(2), (Nonstop Commercial Air Tour operator) hereby petitions the Federal Aviation 

Administration, (FAA) for exemption from FAR Sections 120.117(a)(2) and 120.225(a)(2). This exemption to 

the extent necessary is to permit Kansas City Aviation Center Flight School to participate in Kansas City 

Aviation Center, Inc., (A 14 CFR 119 certificate holder with authority to operate under 14 CFR Part 135, 

under certificate number AMYA1710) FAA approved drug and alcohol program. Sections §120.117(a)(2) and 

§120.225(a)(2) require that Kansas City Aviation Center Flight School have its own separate drug and alcohol 

testing program requiring it to have a separate designated employer representative, separate preemployment test and records check (pursuant to 49 CFR part 40.25), and employee/supervisory education 

and training. 

NATURE AND EXTENT OF RELIEF 

Authorization to allow Kansas City Aviation Center Flight School to participate in Kansas City Aviation Center, 

inc's drug and alcohol program will require exemptions to the following sections of the FAR: 120.117(a)(2) 

and 120.225(a)(2). 

120.117(a)(2)j (How to implement an drug testing program) states, in pertinent part "Each company must 

meet the requirements of this subpart. Use the folipv\flng chart to detemiine whether your company must 

obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification or whether you must 

register with the FAA. If you are an operator as defined in §91.147 of this chapter register with the FAA by 

contacting the Flight Standards District Office nearest to your principal place of business. 

FAR 120.225(a)(2). (How to implement an alcohol testing program) states, in pertinent part. Each 

company must meet the requirements of this subpart. Use the following chart to determine whether your 

company must obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification or 

whether you must register with the FAA. If you are an operator as defined in §91.147 of this chapter register 

with the FAA by contacting the Flight Standards District Office nearest to your principal place of business. 

J53g5j . Priumm • Olathe. K5 • 55Q5g • P fgi3i 7BE-D530 [Bag] 7eo-5g2g • Ffgi3i 782-5472 

vvvvvv.KCAC.CD m 
PUBLIC INTEREST 

Granting of this petition for exemption to pemriit Kansas City Aviation Center Flight School to participate in 

Kansas City Aviation Center, Inc's. dmg and alcohol program is in the public interest for reasons of safety, 

economics, and the reduction of the amount of paperwork required in meeting Kansas City Aviation Center 

Flight School FAA regulatory obligations. Since Kansas City Aviation Center Flight School is owned and 

pperated by their parent company, Kansas City Aviation Center, Inc., and operate out of the same airport, 

unnecessary waste in manpower, resources, and administrative paperwork can be avoided by allowing the 

flight school to participate in the parent company's drug and alcohol program. The public interest will be 

served by not requiring some flight school personnel who also fly for Kansas City Aviation Center, Inc. at 

times operating under Part 135 being unnecessarily tested would they be required to have a separate dmg 

and alcohol program of their own. Having a separate drug and alcohol program of their own may place 

additional burdens on the dmg and alcohol testing sites when it is riot necessary since the flight school 

personnel would be meeting the dmg and alcohol requirements pursuant to 49 CFR Part 40.25 by being 

tested while employed by Kansas City Aviation Center, Inc., the Part 135 operator. It should be. noted that 

Kansas City Aviation Center, Inc's has been dmg and alcohol testing for 12 years and audited time and time 

again by FAA auditors who found no deficiencies or regulatory non-cornpliajicejssues. 

EQUIVALENT LEVEL OF SAFETY 

This exemption if allowed would provide a level of isafety at least equal to that provided by the rule because 

all flight school personnel would receive pre-employment testing and then be placed on a random testing list 

regardless if they were on their own program or Kansas City Aviation Center, Inc's program. There would be 

no adverse affect on safety since the drijg and alcohol testing mies governing the flight school as well as 

Kansas City Aviation Center, Inc. are identical in all cases. 

SUMMARY 

As required by FAR Section 11.61(b), a summary of the petition is as follows: 

Kansas City Aviation Center Flight School requests an exemption from FAR Sections 120.117(a)(2) and 

126.225(a)(2) to permit Kansas City Aviation Center Flight School to participate in a drug and alcohol 

program administered by Kansas City Aviation Center, Inc a 14 CFR 119 certificate holder with authority to. 

operate under 14 CFR Part 135 in lieu of the flight school participating in a dmg and alcohol program of their 

own. 

"Sinceteiy, 

Ari!hbny Mateer, Director of Operations 

Kansas City Aviation Center, Inc. 

Midwest Aviation Center, LLC. 

cc: Vicky Dunne, Program Policy Branch Manager, Drug Abatement Division, (Hq FAA/AAM-820) 

.cc: Aviation inspector, (POI) 
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Exemption No. 9703 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

~SOLtDWGEXVIATIC)I^CLUf 

for an exemption from part 121 

appendices I and J 

of Title 14, Code of 

Federal Resailations 

Regulator}' Docket No. FAA-2007-0181 

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 ftinctions for a part 119 certificate holder with authority to operate 

under parts 121 and/or 135 or an operator as defmed in § 91.147. 

AFS-08-080-E 
AJ 

The petitioner supports its request with the following information: 

Solid Edge petitioned the FAA for an exemption from the regulator)' 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 rnore 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 a\\ personnel under one drug and alcohol testing 

_ pjogram and still meet the JAA'j^equirem^ ^_. . 

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 

fmds 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 fmds 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 
Tl 

testing will eliminate an unnecessary financial burden for Solid Edge. It is simplv 

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, t^_cojv'er.its.safety-sensitive. employees under 

onetesting 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