AAM-11-128-E 

Feb 07 2011 

 Exemption No. 10202 

 Regulatory Docket No. FAA-2011-0021 

Ms. Peggy Groebe 

Vice President, Human Resources 

Mesaba Aviation, Inc. d.b.a. Mesaba Airlines 

1000 Blue Gentian Road, Suite 200 

Eagan, MN 55121 

Dear Ms. Groebe: 

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 January 7, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Mesaba Aviation, Inc. d.b.a. Mesaba Airlines (Mesaba) for an exemption from part 

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

permit Mesaba to operate its drug and alcohol testing program in unison with Colgan Airlines, 

Inc’s. (Colgan), drug and alcohol program. 

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 Mesaba and Colgan. 

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. 9927 (copy enclosed), the FAA 

found that the individuals transferring from Northwest to Delta would perform the same 

functions as prior to the merger. In addition, Delta’s reasons do not differ materially from 

those presented in the findings of the precedent-setting grant of Exemption No. 6960. That 

exemption allowed individuals to be transferred from one operating certificate to the other 

without performing pre-employment testing. The FAA found that a grant of exemption from 
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the pre-employment testing requirement does not adversely impact safety and is in the public 

interest. 

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

 they do not differ materially from those presented by the petitioner in the enclosed grant 

of exemption; 

 the reasons stated by the FAA for granting the enclosed exemption 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 Mesaba Aviation, Inc. d.b.a. Mesaba Airlines an 

exemption from part 120 to the extent necessary to permit Mesaba to operate its drug and 

alcohol testing program in unison with Colgan Airlines, Inc’s., subject to the conditions and 

limitations described below. 

Conditions and Limitations 

1. Mesaba and Colgan must submit MIS annual report data that is within 2 percent of the 

administrator’s minimum annual rate. Specifically, the amount to be tested for drugs 

is no less than 24.5 percent (2% of 25%) and for alcohol no less than 9.8 percent (2% 

of 10%). 

2. Mesaba must continue to submit MIS annual report data for each year or portion 

thereof for which they are in operation. 

3. All Mesaba locations must be in compliance with the requirement to display 

informational materials and hotline numbers within 6 months of the single operating 

certificate issuance date. 

4. All drug and alcohol testing records for the combined programs (Mesaba and Colgan) 

must be produced at one central employer location within 6 months of the single 

certificate issuance date. 
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5. The FAA’s confidentiality requirements are regulated by the DOT’s procedural 

regulation 49 CFR part 40, specifically § 40.25. The FAA concurs with the DOT’s 

determination regarding confidentiality requirements. Mesaba must refer to the DOT 

decision (copy enclosed). 

This exemption terminates on December 31, 2011, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Frederick E Tilton, M.D. 

Federal Air Surgeon 

Enclosures