JAARS, Inc. Anti-Drug and Alcohol Misuse Prevention Program P.O. Box 248 Waxhaw, NC 28173

July 9, 2012
U.S. Department ofTransportation Docket Operations, M-30 West Building Ground Floor Room W12-140 1200 NewJersey Avenue, SE Washington, DC 20590

To Whom It May Concern, ,;il;A1 Human Resources Department Pamela J. Goss (DER) Phone: (704) 843-6150 FAX: (704) 843-6400 E-Mail: Pamela Goss@jaars.org

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### en**This'1~Wef'iS't8 re'ql.i-esFM'renew~lfC)f**  a two-year'exemption that initially.was·;gr-a,nte.d J.n**Noy~mJ1.~r,** 2P08

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. - ' · I .f·""' r and rerfe":"ed i_n 1\JME!mber 20TO to;a·lfowUAARS, lriC1;'·•to•operate onet()rug .find Akohoi,Testing**f?f!Qgr;~m** instead**'bft~dbr thre~**  'a's the**t~guiatiorl's·** required in 2008. !h'e**dcrcumenlli.l.refer<t'P)~ J;~~rll:Ption-I':!Rr~**  9782,

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### ~efore Exemption No. 9782 was issued, the Drugs and AlCohol Testing program atJAARS was adversely

### ~ffected by the regulation stated in "The Guidance Alert related to FAA Regulations Affecting Multiple Certificate Holders or Locations." JAARS has a Part 135 and a Part 91.147 program, as well as an A3 Part 145 Repair Station which operates under the Part 135 certificate. For reasons outlined below Iseek another renewal of Exemption No. 9782 which will allow JAARS, Inc., to continue to operate one Drug and Alcohol Testing Program instead oftwo or three as the guidance alert requires. If possible, I would like to be granted a permanent exemption instead of a renewal only..

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### 'h•:/~·~2**"';~:.;; ~~q,·.GL'~·t:\**  My reasons for seeking a renewal ofthis exemption are as follows: .\!...**lL'2~** .:
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### I P.O. BOX 248 WAXHAW NC 28173 

### I WWW.JAARS.ORG

•';The exemption**tha~** I am asking to renew would not have any effect on public safety, either positively or negatively. Nor would granting the exemption benefit the public as a whole. It would enable JAARS to avoid asking for money to help pay for the expenses caused by compliance to the regulation, and in that sense, an exemption would benefit the public served by our organization. I am not aware of how compliance to the current regulation benefits the public at large, so I do not know how an exemption would adversely affect the public at large.

I am not asking for a change to the regulation and subsequent publishing in the Federal Register. I seek only an exemption to the regulation because of our unique situation, which is explained in detail below.
JAARS, Inc., has three groups required to be in the FAA Drug and Alcohol Testing Program: 1. A Part 91.147 group, which makes use of pilots who also fly under the Part 135 group. 2. An A3 Part 145 repair station group which services the planes used by both the Part 91.147 group and the Part 135 group. Some ofthe workers in the repair station group are also pilots. 3. A Part 135 group which includes all the pilots who fly under the Part 91.147 and the Part 135 groups. All ofthe mechanics and pilot/mechanics who work in our A3 Part 145 repair station are also covered under the Part 135 program which contracts the services ofourPart 145 repair station. Currently there are a total of 56 workers on the safety-sensitive list for this organization.

The organizational set-up that I have described for our Aviation Department enables JAARS, Inc., to fulfill its primary mission, which is to provide transportation support for individuals and families involved in linguistic and literacy work in remote places ofthe world. Our pilots and mechanics either have been or will be assigned to serve as "jungle aviators" in hard to get to places in Africa, Southeast Asia, or interior regions ofSouth America. Regardless ofwhether they currently work in the USA as Part 135 pilots or as Part 91.147 pilots, they need to be qualified as well to repair their own planes if necessary. This is why the repair station is an integral part of our operation and why there is so much overlap in responsibilities.

In the past, we have noted to you that if maintaining confidentiality is the primary rationale fo·r separate DERs and recordkeeping systems, that due to our situation· and how interrelated our program is, that would be virtually impossible. We also have noted in the past that the regulation as stated in the guidance alert imposes a financial hardship by increasing expenses ifwe were required to have more than one DER. It would also be challenging to find a DER just for the six pilots involved in the Part 91.147 group as the learning curve for the DERs is quite steep.

In summary, an exemption should be granted to JAARS, Inc., that permits us to run our three required drug and alcohol testing programs using only one DER and having only one training program.
-I have included a copy ofthe Exemption No. 9782 that was granted in November 2011. As a matter of

record of compliance, JAARS in fact, has complied with the "Conditions and Limitations" imposed as a condition ofexemption. JAARS will continue to do that ifthis petition in granted. Sincerely,

# fJ~~ Pamela Goss, DER

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U.S. Department ofTransportation Federal Aviation Administration



### Jul 15 2010

Mr. Dale Woods Designated Employer Representative JAARS,Inc. P.O. Box 248 Waxhaw, NC 28173

Dear Mr. Woods: Exemption No. 9782A 800 Independence Ave

.. SW Washington, D.C. 20591



### Regulatory Docket No. FAA-2008-0710

This letter is to inform you that we have granted yourpetition to extend Exemption No. 9782. 

### It explains the basis for our decision, describes its effect, and lists the conditions and limitations.
The Basis for Our Decision By letter dated July 1, 2010, you petitioned the Federal Aviation Administration (FAA) on behalfofJAARS, Inc. (JAARS), for an extension ofExemption No. 9782. That exemption from part 120 ofTitle 14, Code ofFederal Regulations allows JAARS which is operating under separate parts ofthe regulations, to cover its safety-sensitive employees under one testing program. 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 ofthepetition in the Federal Register because the requested extension ofthe exemption would not set a

_ precedent, and any delay in acting on this petition would be detrimental to JAARS.

AAM-10-324-Er •



### Our Decision The FAA has determined that thejustification for the issuance ofExemption No. 9782 remains valid with respect to this exemption and is in the public interest. Therefore, under the authorityprovided 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 ofJAARS 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 JAARS part 135 operation, not under part 91.



### The Effect ofOur Decision Our decision extends the termination date ofExemptionNo. 9782 to November 30, 2012, unless sooner superseded or rescinded.
All conditions and limitations ofExemption No. 9782 remain the same. This letter must be attached to, and is a part of, Exemption No. 9782. Sincerely,

Frederick E. Tilton, M.D. Federal Air Surgeon 

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