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February 15, 2013 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

Room W12-140 

Washington, DC 20590 

To Whom It May 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-testing program. 

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 of employees, 

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 company this consideration and contact me if I 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 

EXPRESS HELICOPTERS INC., BHM International 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 

In the matter of the petition of 

SOLID EDGE AVIATION, LLC Regulatory Docket No. FAA-2007-0181 

for an exemption from part 121 

appendices I and J 

of Title 14, Code of 

Federal Regulations 

GRANT OF EXEMPTION 

By letter dated October 23,2007, Mr. Harold Weir, ChiefPilot/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 ofFederal 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 functions for a part 119 certificate holder with authority to operate 

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

AFS-08-080-E 
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The petitioner supports its request with 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 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 more 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 all personnel under one drug and alcohol testing 

program and still meet the FAA's requirements. 

A summary ofthe 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 

finds 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 § 91.14 7, 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 tum, increases Solid Edge's cost of operation 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 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 
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testing will eliminate an unnecessary financial burden for Solid Edge. It is simply 

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, to cover its safety-sensitive employees under · 

one testing 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. 

Is/ 

Frederick E. Tilton, MD 

Federal Air Surgeon 
-.,-

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

February,23,2010 

Mr. Harold Estes 

Solid Edge Aviation, LLC .. 

1225 Airport Road 

Sedona,PLZ 86336 

Dear Estes: 

Exemption No. 9703A 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Regulatory Docket No. F AA-2007 -0181 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9703. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations. 

The Basis for Our Decision 

On February 4, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of 

Solid Edge Aviation, LLC. (Solid Edge), for an extension ofExemption No. 9703. That 

exemption from part 121, appendices I and J of Title 14, Code of Federal Regulations allows 

Solid Edge, which is operating under separate parts of the regulations, to cover its safetysensitive employees under one testing program. 

Although you requested relief from part 121, appendices I and J, the FAA recognizes that 

Solid Edge now requireS relief from part 120. On May 14, 2009, the FAA published the 

"Drug and Alcohol Testing Program" final rule in the Federal Register (74 FR 22649). A 

copy is enclosed for your information. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Solid Edge. 

AFS-10-139-E 

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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 9703 

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority provided by 49 U.S.C. 40113 and 44701 which the FAA Administrator has 

delegated to me, I grant your petition, 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 part 91. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9703 to June 30,2012, unless 

sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 9703 remain the same. This letter must be 

attached to, and is a part of, Exemption No. 9703. 

Sincerely, 

Is/ 

Frederick E. Tilton, M.D. 

Federal Air Surgeon 

T ! 

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