AAM-11-322-E 

June 1, 2011 

 Exemption No. 10277 

 Regulatory Docket No. FAA-2011-0538 

Ms. Melissa Hughes 

Human Resource Manager/Drug-Alcohol Program Manager 

Fargo Jet Center, Inc. 

3802 20th Street, North 

Fargo, ND 58102 

Dear Ms. Hughes: 

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 May 18, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Fargo Jet Center, Inc. (Fargo Jet Center), for an exemption from part 40 and part 

120 of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would 

allow Fargo Jet Center, which is operating under separate parts of the regulation, to cover its 

safety-sensitive employees under one testing program. 

Although you have also requested relief from part 40, the FAA finds that it is not necessary. 

The FAA has determined that good cause exists for not publishing 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 Fargo Jet 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 
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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. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9703; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9703 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Fargo Jet Center, Inc., an exemption from part 120 to the 

extent necessary to allow Fargo Jet Center, which is operating under separate parts of the 

regulation, to cover its safety-sensitive employees under one testing program, subject to the 

conditions and limitations described below. 

Conditions and Limitations 

1. Employees of Fargo Jet 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 Fargo Jet Center part 135 operation, not under part 91. 

This exemption terminates on June 30, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

James R. Fraser, M.D. 

Deputy Federal Air Surgeon 

Enclosure