October 29, 2012 

Via Submission to Regulations.Gov 

(Shell Docket FAA-2007-0001-0001) 

U.S. Department of Transportation 

Docket Management Facility 

1200 New Jersey Avenue, S.E. 

West Building, Ground Floor 

Room W12-140.Washington, D.C. 20590 

!: 58 

Moyer Aviation, Inc. Petition for Exemption from 14 C.P.R. Part 120.1(a) as it applies to 

Part 91.147(d) and Part 135. 

Pursuant to 14C.F~R. 11.61(b) and 11.81, Moyer Aviation, Inc. hereby petitions for an 

exemption to permit it to combine the drug testing programs for its Part 91.147 and Part 

135 operations. 

(a)Contact information: 

Laverne Moyer 

Substance Prevention/Abuse Program Manager 

Moyer Aviation, Inc. 

3800 Sullivan Trail 

EastoK·Pa. 18040, · 

6i0:-258-04173 ' 

vem@moyeraviati'oll.com ' 

: j 

(b) The specific sections ofl4.C.F.R. from which an exemption is sought: 

120.1 Applic~bilit)r. . ! ~ : 

- '·,' 

This part applies to the following persons: 

(<:!.) All Air Carriers and operators certificated under part 119 of this chapter 

authotized to conduct operations under part 121 or part 135 of this chapter, all air 

traffic control facilities not operated by the FAA or by or under contract to the 

U.S. military, and all operators as defmed in 14 CFR 91.147. 

© The extent of relief sought, and reason for the relief sought: 

Moyer Aviation, Inc. operates under both Part 91.147 and Part 135. At this time we have 

only one pilot on the part 91.147 program enrolled in our drug and alcohol program. We 

also ha:ve a dnig 'and alcohol program for our 13 5 operation. . '·:':.; . .', ,' ·-... : .. 

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We are requesting that the two drug and alcohol programs be combined because we are 

an extremely small operation with less than ten pilots. Being required to operate two 

separate programs is a financial and administrative hardship to our company. It will also 

eliminate duplicate paperwork. 

(d) The reasons why granting this request is in the public interest: 

All of Moyer Aviation, Inc. employees in safety sensitive positions have been screened 

for illicit drug use in full compliance with the requirements in C.P.R. 120. Accordingly, 

Moyer Aviation, Inc. has met the public interest in ensuring that illicit drug users are 

detected and prevented from performing a safety sensitive position. Requiring Moyer 

Aviation, Inc. to duplicate drug & alcohol testing programs for Part 91.147 and part 135 

is repetitive and is adding unnecessary fmancial burden to such a small company. 

It will also save a lot of unnecessary paperwork for us as well as the FAA. 

Combining the programs would continue to meet the intent of 14 C.F. R. 120. 

(e)The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from 

which the exemption is sought: 

The exemption would not aversely affect safety because all of the employees who have 

performed safety sensitive functions for Moyer Aviation, Inc. have been and will 

continue to be subject to the drug testing requirements as outlined in 14 C.P.R. 120. 

(f) A summary to be published in the Federal Register stating the rule from which an 

exemption is sought and a brief description of the nature of the exemption sought: 

14 C.F.R. 120.l(a) All air carriers and operators certificated under part 119 of this 

chapter authorized to conduct operations under part 121 or part 135 ofthis chapter, all air 

traffic control facilities not operated by the FAA or by or under contract to the U.S. 

military, and all operators as defined 14 CFR 91.147. 

Moyer Aviation, Inc. respectfully requests that we receive an exemption from having two 

separate drug and alcohol programs and are able to combine the Part 135 and the Part 

91.147 drug and alcohol testing programs. 

(g) Any additional information, views or arguments available to support your requests: 

In keeping with the governments paperwork reduction program it would save tax payer 

money.