Post Office Box 630/ 27 Airport Lane

Lake Placid, NY 12946

November 3, 2011

US Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Washington, DC 20590

To Whom It May Concern:

Please review and accept the following petition for an exemption. 

(a) Company name and contact details:

Lake Placid Airways, Inc dba Adirondack Flying Service

Post Office Box 630/ 27 Airport Lane

Lake Placid, NY 12946

Telephone 518.523.2473

Fax 518.523.1905

Email: info@flyanywhere.com

(b) The specific section or sections of 14 CFR from which we seek exemption:

We are seeking 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 Lake Placid Airways, 

Inc to cover its safety-sensitive employees under one testing program.

(c) The extent of the relief we seek and the reason we seek the relief:

We are seeking relief of the regulation to the extent that we operate and maintain a single 

Antidrug and Alcohol Misuse Prevention Program for both Part 135 (BPYA568C), our air carrier 

operation, and Part 91.147 (LKPJ568C), our air tour operation’s safety-sensitive employees. We 

seek such relief to eliminate the redundancy and waste involved with having two separate 

programs as a majority of our eligible employees fall under both headings, Part 91.147 and Part 

135. The redundancy is cost prohibitive for our business in that single individuals are being 

tested twice the necessary percentage. The redundancy of testing would occur with 5 of the 7 

employees. This double testing costs financially and with time away from on site work and does 

not increase safety. The Lake Placid Airways, Inc designated employer representatives will 

adequately manage all personnel under one drug and alcohol testing program and still meet the 

FAA’s requirements. 
(d) The reasons why granting the request would be in the public interest:

The public would benefit as a whole from our single Antidrug and Alcohol Misuse Prevention 

Program as it would be upholding the standard of safety set by the regulations. The public would 

be assured that the testing though combined into one program would continue to prevent accident 

and injuries that result from the use of prohibited drugs and misuse of alcohol by any employee 

who performs a safety-sensitive function for our part 135 and part 91.147 operations. Under one 

testing program each safety-sensitive employee will still be subject to drug and alcohol testing in 

accordance with appendices I and J of part 121. 

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

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

you seek exemption:

By granting the exemption Lake Placid Airways, Inc will still be upholding the standard of safety 

the regulation is seeking as each safety-sensitive employee will still be subject to drug and 

alcohol testing in accordance with appendices I and J of part 121. 

(f) A summary we can publish in the Federal Register:

We seek exemption from regulation Part 121, appendices I and J of Title 14, describing in detail 

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. Lake Placid Airways, Inc is petitioning 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. Lake Placid Airways, Inc has a total of 7 safety-sensitive employees, the majority of 

employees, five of which operate under both the part 135 operation and the part 91.147 

operation. The five redundant employees have the possibility of being randomly tested for both 

operations at the same time. Lake Placid Airways, Inc states that this is a financial hardship to a 

small company of its size. Lake Placid Airways, Inc designated employer representative is 

capable and able to adequately manage all personnel under one antidrug and alcohol misuse 

prevention program.

(g) Any additional information, views or arguments available to support our request:

In addition we submit the copy of Exemption No9703 granted to Solid Edge Aviation, LLC as 

support for our request. This exemption request by Solid Edge does not differ from our request 

in circumstance and reason. 

(h) If we want to exercise the privileges of the exemption outside of the United States:

Not applicable to the regulation 
We appreciate your time and attention to this matter.

Sincerely:

Kimberly Mahaney

Lake Placid Airways, Inc dba Adirondack Flying Service

enclosure