AAM-12-560-E 

October 2, 2012 

 Exemption No. 10636 

 Regulatory Docket No. FAA-2010-0833 

Mr. Travis Warthen 

Leading Edge Aviation, Inc. 

63048 Powell Blutt Highway 

Bend, OR 97701 

Dear Mr. Warthen: 

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 September 24, 2012, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Leading Edge Aviation, Inc. (Leading Edge Aviation), for an extension of 

Exemption No. 10118. That exemption from part 120 of Title 14, Code of Federal 

Regulations allowed Leading Edge Aviation, which is operating under separate parts of the 

regulations, to cover its safety-sensitive employees under one testing program. That 

exemption, however, expired on August 31, 2012; therefore, we will treat your request as a 

new petition. 

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 Leading Edge Aviation. 

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 

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. 
2 

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 Leading Edge Aviation, Inc., an exemption from part 120 

to the extent necessary to allow Leading Edge Aviation, which 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 Leading Edge Aviation 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 Leading Edge Aviation part 135 operation, not under part 91. 

This exemption terminates on October 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

James R. Fraser 

Deputy Federal Air Surgeon 

Enclosure