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### .,:;: O'i February 15, 2013

Docket ManagementFacility US Department ofTransportation 1200 NewJerseyAvenue, SE Room W12-140 Washington, DC 20590 To Whom ItMay Concern: EXPRESS HELICOPTERS INC. hereby petitions under Part 120 of Title 14, Code of Federal Regulations (14 CFR) to allow EXPRESS HELICOPTERS INC. to cover "Safety Sensitive Employees" under a SINGLE drug & alcohol-testingprogram. EXPRESS HELICOPTERS INC. operates under a 135 on-demand certificate (#9XLA045C) and a Sightseeing LOA certificate (Part 91 ID #IHEJS009). Due to the small number ofemployees, Pilot & mechanic serving under both functions, there would be no reduction in safety under a "combined program". The Public will benefit by the reduction of redundant administrative functions without a compromise in compliance or Safety. Similar exemptions have been issued for small companies such as ours that provide combined functions in smaller markets. My information is that these exemptions can be granted in line with an original exemption referred to as "Exemption No. 9703". Please grant our companythis consideration and contactme ifI can answer any questions.

# R~z~ -2:K Coshatt, D.E.R. EXPRESS HELICOPTERS INC. PO Box 131373 Birmingham,AL 35213 (:ell 205-222-7377, brian@expresshelicopters.com Fax 205-833-6659

EXPRESSHELICOPTERSINC., BHMInternational Airport, PO Box 131373, Birmingham, AL 3521.3 

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Exemption No. 9703 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHJNGTON, DC 20591

Inthematter ofthepetition of SOLID EDGE AVIATION, LLC Regulatory DocketNo. FAA-2007-0181 for an exemption from part 121 appendices I and J ofTitle 14, Code of Federal Regulations

GRANT OF EXEMPTION By letter dated October 23,2007, Mr. Harold Weir, ChiefPilot/DesignatedEmployer Representative, Solid Edge Aviation, LLC. (Solid Edge), 1225 Airport Road, Sedona, AZ 86336, petitioned the Federal Aviation Administration (FAA) onbehalfofSolid Edge for an· exemption from part 121, appendices I and J ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed exemption, ifgranted, would permit Solid Edge, which is operating under separate parts ofthe regulations, to cover its safety-sensitive employees under one testing program. The petitioner requests relieffrom the following regulation: Part 121, appendices I and J ofTitle**14~** prescribes, in pertinentpart, thatthe drug and alcohol testing program is designed to prevent accidents and injuries that result from the use ofprohibited drugs and the misuse ofalcohol by any employee whoperforms safety-sensitive functions for a part 119 certificate holder with authority to operate underparts 121 and/or 135 or an operator as defined in§ 91.147.

AFS-08-080-E.sur2 The petitioner supports its requestwith the following information: Solid Edge petitioned the FAA for an exemption from the regulatory 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 eightpilots, several ofwhich fly for its part 91 air tour andpart 135 operations. 

### In this situation, these pilots have the possibility of beingrandomly tested for both operations at the same time. Solid Edge contends that this more than doubles its drug testing expenses, which is a financial hardship to a company ofits size. Solid Edge's designated employer representatives (DER) claims that he can adequately manage all personnel under one drug and alcohol testing program and still meet the FAA'srequirements. A summary ofthe petition was published in the Federal Register on December 11, 2007 (72 FR 70370). No comments were received. TheFAA's analysis is as follows: The FAA has considered fully the petitioner's request and supporting materials, and finds that a grant ofexemption would be in the public interest and maintain a level of safety equivalentto that provided bythe 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. Underthe 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 ifeach certificate holder were an individual employer. Thismeans that all the testing requirements, such as pre-employment testing, confidentiality ofresults, 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 eightpilots, several ofwhich fly for bothpart 135 and part 91 operations. As an airtour operator conducting flights under § 91.147, Solid Edge has no other obligations for purposes ofconducting 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'spilots to duplicate testing. This, in tum, increases Solid Edge's cost ofoperation without an increase in safety. Therefore, the FAA finds 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 ofsafety equivalent to that provided bythe current regulations. Under one testing program, the pilots will still be subject to drug and alcohol testing in accordance with appendices I and J ofpart 121. Furthermore, the removal ofduplicate3 testing will eliminate an unnecessary financial burden for Solid Edge. Itis simply unnecessary to burden Solid Edge by requiring themto conducttwo separate testing programs when one testing program will suffice to ensure the level ofsafety required bythe rules. The FAA's Decision In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuantto 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 ofthe regulations, to cover its safety-sensitive employees under · one testing program, subject to the following conditions and limitations. Conditions and Limitations 1. Employees ofSolid Edge are subject to the drug and alcohol regulations at all times while conducting operations under part 135 orpart 91. 2. The drug and alcohol testing program must be implemented underthe auspices of the Solid Edge part 135 operation, not under the part 91. This exemption terminates on June 30, 2010, unless sooner superseded orrescinded. Issued in Washington, DC, on June 2, 2008.



### Is/ Frederick E. Tilton, MD Federal Air Surgeon

# -.,- U.S. Department ofTransportation Federal Aviation Administration
February,23,2010

Mr. Harold Estes SolidEdge Aviation, LLC
.. 1225 Airport Road Sedona,PLZ 86336 DearEstes: ExemptionNo. 9703A 800 Independence Ave., S.W. Washington, D.C. 20591

Regulatory DocketNo. FAA-2007-0181

This letteris to inform you that we have granted yourpetition to extendExemption No. 9703. Itexplains thebasis for our decision, describes its effect, and lists the conditions and limitations. 

### The Basis for OurDecision OnFebruary 4, 2010, you petitioned the Federal Aviation Administration (FAA) on behalfof Solid Edge Aviation, LLC. (Solid Edge), for an extension ofExemptionNo. 9703. That exemption from part 121, appendices I and J ofTitle 14, Code ofFederal Regulations allows Solid Edge, which is operating under separate parts ofthe regulations, to cover its safetysensitive employees under one testing program. Although you requested relieffrom part 121, appendices I and 

### J, the FAA recognizes that Solid Edge nowrequireS relieffrom part 120. OnMay 14, 2009, the FAApublished the "Drug and Alcohol Testing Program" final rule in the Federal Register (74 FR 22649). A copy is enclosed for your information. In yourpetition, you indicate that there has been no change inthe conditions andreasons relative to public interest and safetythat were the basis for granting the original exemption. The FAAhas determined that good cause exists for notpublishing a summary ofthe petition in the Federal Register because the requested extension ofthe exemption would not set a precedent, and any delay in acting onthis petition wouldbe detrimental to SolidEdge.
AFS-10-139-E 

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OurDecision The FAA has determined that thejustification for the issuance ofExemptionNo. 9703 remains valid with respect to this exemption and is in the public interest. Therefore, underthe authorityprovidedby49 U.S.C. 40113 and 44701 which the FAA Administrator has delegated to me, I grant yourpetition, subject to the following conditions and limitations. Conditions and Limitations 1. Employees ofSolid Edge are subject to the drug and alcohol regulations at all times while conducting operations underpart 135 orpart 91. 2. The drug and alcohol testing program mustbe implementedunder the auspices of the SolidEdgepart 135 operation, not underpart 91. TheEffect ofOurDecision Our decision extends the termination date ofExemptionNo. 9703 to June 30,2012, unless sooner superseded orrescinded. All conditions and limitations ofExemption No. 9703 remain the same. This letter must be attached to, and is a part of, Exemption No. 9703. Sincerely, 

### Is/ FrederickE. Tilton, M.D. Federal Air Surgeon

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