Pinnacle Airlines 

Petition for Exemption 

Page 1 

 

July 14, 2011 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE. 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

SUBJECT: Petition of Pinnacle Airlines, Inc. for Exemption from 14 C.F.R. Part 121 Appendixes 

I and J, and 49 CFR Part 40 

Ladies and Gentlemen: 

Pursuant to the provisions of FAR § 11.61(b) and §11.81, Pinnacle Airlines, Incorporated, 

operating certificate REXA257A, respectfully submits this petition for exemption in accordance 

with the procedures set forth under the FAA's regulation for general rulemaking procedures (14 

CFR part 11). 

(A) CONTACT INFORMATION:

Craig L Chilcote 

Vice President Safety, Security and Compliance 

Pinnacle Airlines, Inc. 

1689 Nonconnah Blvd. 

Suite 111 

Memphis, TN 38132 

901-348-4269 (phone) 

901-349-5405 (fax) 

(B) THE SPECIFIC PROVISIONS OF 14 CFR FROM WHICH PINNACLE SEEKS 

EXEMPTION, AND A BRIEF DESCRIPTION OF EACH REQUESTED EXEMPTION:
Pinnacle Airlines 

Petition for Exemption 

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In July, 2010, Pinnacle Airlines, Inc (“Pinnacle”) purchased Mesaba Airlines, a Regional Airline 

based out of Minneapolis, MN. Due to the purchase, there is a planned merger of assets from 

Mesaba Airlines to Pinnacle. The asset merger will include an estimated 1,000 “Safety Sensitive” 

employees as well as aircraft and other equipment. Pursuant to 14 C.F.R. §11.61, during this 

transfer, Pinnacle is requesting exemption from the following regulations (table below). It would 

not be practical for Pinnacle to comply with these regulations and still meet the operational 

requirements of this asset merger. Since both airlines have been operating safely under the listed 

regulations, any exemption from these regulations would not affect the safety of airlines and 

would still meet the intent of the regulations requested exempt. 

Request 

Number 

Regulation Subpart Subject Description 

1 14 CFR 

Part 120 

109 Pre-Employment 

Testing 

Permanently exempt Mesaba employees 

covered under the FAA approved 

Mesaba operating certificate from preemployment drug testing requirements 

when transferred to the Pinnacle Airlines 

operating certificate. This exemption 

would take effect for employees 

transferred on Sept 15, 2011 and expire 

upon the completed merger but no later 

than Sept 15, 2012. 

2 49 CFR 

Part 40 

25 Drug and 

Alcohol Testing 

Records 

Permanently exempt Mesaba employees 

covered under the current FAAapproved Mesaba Operating Certificate 

from drug and alcohol testing record 

check requirements. This exemption 

would take effect for employees 

transferred on Sept 15, 2011 and expire 

upon the completed merger but no later 

than Sept 15, 2012. 

3 49 CFR 

Part 40 

26 MIS Reports Temporary relief is requested regarding 

possible MIS statistical anomalies as a 

result of this asset transfer effective from 

the start of the asset transfer Sept 15, 

2011 and extending one year past the 

completion of the merger. 

4 49 CFR 

Part 40 

321 General 

Confidentiality 

Temporary relief is requested from 

confidentiality restrictions in the release 

of drug testing information between 

airlines to allow for full disclosure on 

pre-employment and follow-up testing. 

This exemption would take effect for 

employees transferred on Sept 15, 2011 

and expire upon the completed merger 

but no later than Sept 15, 2012. 

5 49 CFR 333 Records Temporary relief is requested from 
Pinnacle Airlines 

Petition for Exemption 

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Part 40 Retention producing records in the time required 

by the DOT agency. Temporary relief is 

requested from the start of the asset 

transfer May 7, 2011 and extending one 

year past the completion of the merger. 

6 49 CFR 

Part 40 

Subpart 

R 

Public Interest 

Exclusions 

Temporary relief from PIE if services 

are not compliant with DOT agency 

drug and alcohol testing regulations. 

7 14 CFR 

Part 120 

109(b) Random Testing Temporary relief is requested regarding 

MIS statistical anomalies as a result of 

the acquisition of assets from Mesaba. 

Temporary relief is requested from the 

start of the asset transfer Sept 15, 2011 

and extending one year past the 

completion of the merger. 

8 14 CFR 

Part 120 

217(c) Random Testing Temporary relief is requested regarding 

MIS statistical anomalies as a result of 

the acquisition of assets from Mesaba. 

Temporary relief is requested from the 

start of the asset transfer Sept 15, 2011 

and extending one year past the 

completion of the merger. 

9 14 CFR 

Part 120 

115 EAP Permanently exempt Mesaba employees 

covered under the FAA approved 

Mesaba operating certificate from the 

requirement for EAP training and 

distribution of policies. This exemption 

would take effect for employees 

transferred on Sept 15, 2011 and expire 

upon the completed meger but no later 

than Sept 15, 2012. 

10 14 CFR 

Part 120 

223 Alcohol misuse 

information and 

training. 

Permanently exempt Mesaba employees 

covered under the FAA approved 

Mesaba operating certificate from the 

requirement for alcohol misuse training 

and distribution of policies. This 

exemption would take effect for 

employees transferred on Sept 15, 2011 

and expire upon the completed merger 

but no later than Sept 15, 2012. 

(C) THE EXTENT OF RELIEF PINNACLE SEEKS, AND THE REASON PINNACLE SEEKS 

THE RELIEF:

Due to the planned merger of assets from Mesaba Airlines by Pinnacle, it would be impractical 

for Pinnacle to comply with all the DOT/FAA Anti Drug and Alcohol Misuse Prevention 
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Petition for Exemption 

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Program (AMPP) policies. With the expected surge of approximately 1,000 employees (an 

increase of nearly 38 percent) the administrative burden imposed on Pinnacle would not be 

financially practical. Since Mesaba Airlines and Pinnacle maintain similar policies, it is our 

determination that by accepting these exemptions there would not be any risk to the general 

public or transportation industry. 

The safety sensitive employees transferring from Mesaba Airlines to Pinnacle will be conducting 

the same duties from one airline to the other and all will have been included in Mesaba Airlines, 

drug abatement program. Pinnacle is requesting exemption to allow Mesaba to transfer all preemployment drug testing records and back ground history records to Pinnacle to meet the 

requirements for verified negative pre-employment drug testing and 49 CFR part 40.25 release of 

drug testing record requests. The former Mesaba pre-employment records will be shipped and 

physically maintained in a single repository by Pinnacle Airlines at our headquarters in Memphis, 

TN. Since the airlines maintain similar drug and alcohol programs and policies, Pinnacle is also 

requesting exemption from the requirements to provide drug and alcohol policies, and perform 

employee drug and alcohol training. Keep in mind that Pinnacle maintains its Anti Drug and 

Alcohol Misuse Prevention Program on line and is available to all employees. Furthermore, the 

program is also a printed part of the Pilot’s Flight Manual and Flight Attendant’s Manuals. Pilots 

and Flight Attendants will account for over 90 percent of all the employees transferred to 

Pinnacle Airlines. 

As established by precedent in previous airline mergers, conducting pre-employment drug testing 

and testing history checks on former Mesaba employees would not further contribute to aviation 

safety, and would merely serve as an unnecessary administrative and financial burden to 

Pinnacle. Thus, with respect to the pre-employment process, precedent provides clear justification 

for approval. 

(D) THE REASONS WHY GRANTING PINNACLE'S REQUEST WOULD BE IN THE 

PUBLIC INTEREST:

Pinnacle believes granting this request for relief would be in the public interest. Current Mesaba 

employees who perform safety-sensitive functions have been screened for substance use and are 

subject to a robust, ongoing, and comprehensive FAA-approved testing program. Therefore, the 

public interest is already served by ensuring that active substance abusers are detected and 

prevented from performing safety-sensitive functions. In addition, Mesaba employees who 

perform safety-sensitive functions have been screened for any prior drug and alcohol testing 

violations at actual and potential employers. These history checks were processed by Mesaba, 

consistent with CFR 40.25. Thus, all appropriate steps have been taken by Mesaba to screen 

employees based on their previous testing records. 

(E) THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY, OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY 

AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH PINNACLE 

SEEKS THE EXEMPTION:

In addition to the safety issues discussed above, the exemption would provide a level of safety at 

least equal to or greater than provided by the rule because the Mesaba employees who perform 

safety sensitive functions already have been, and continue to be, screened for substance use 
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Petition for Exemption 

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through testing and checks for prior employment-related drug and alcohol testing violations. 

Mesaba completed the drug testing and the required checks consistent with established federal 

procedures. 

(F) A SUMMARY WE CAN PUBLISH IN THE FEDERAL REGISTER, STATING: (1) THE 

RULE FROM WHICH PINNACLE SEEKS THE EXEMPTION: AND (2) A BRIEF 

DESCRIPTION OF THE NATURE OF THE EXEMPTION PINNACLE SEEKS:

Pinnacle requests consideration of this petition, which was filed in a timely manner, without the 

120 day waiting period. Specifically, Pinnacle requests the FAA to make a final decision 

regarding this petition no later than September 1, 2011. Pinnacle respectfully submits that no 

party will be prejudiced by an early decision, as the exemption petition is more procedural than 

substantive in nature. 

In accordance with FAR 11, good cause exists for an exemption to Federal Register publication 

and comment procedures. Pinnacle is diligently working through the plan for transition of Mesaba 

assets, and believes that there is no risk to safety and that the public interest would be served by 

expediting its request. Relief from pre-employment testing and testing history checks 

requirements have been granted to other carriers that merged operations. Due to the unique 

circumstances surrounding other aspects of this petition, however, the decision to grant the 

requested exemption would not set a precedent for the future. 

(G) ANY ADDITIONAL INFORMATION, VIEWS OR ARGUMENTS AVAILABLE TO 

SUPPORT YOUR REQUEST:

None at this time. 

(H) IF YOU WANT TO EXERCISE THE PRIVILEGES OF YOUR EXEMPTION OUTSIDE 

THE UNITED STATES, THE REASON WHY YOU NEED TO DO SO:

At this time, Pinnacle is not seeking to exercise the privilege of the exemption outside of the 

United States. 

If we can provide additional information or be of any other assistance, please contact Marry Ann 

Morrow, Vice President of People at (901) 348-4258. Pinnacle Airlines appreciates your 

consideration of this petition. 

Sincerely, 

Craig L. Chilcote 

Vice President Safety, Security and Compliance