December 6, 2011

Via Submission to Regulations.Gov

(Shell Docket FAA-2007-0001-0001)

U.S. Department of Transportation

Docket Management Facility

1200 New Jersey Avenue, S.E.

West Building, Ground Floor

Room W12140

Washington, DC 20590

Hawk Aviation, Inc Petition for Exemption from 14 C.F.R. Part 120.1(a) as it applies to Part 

91.147(d) and Part 135.

Pursuant to 14 C.F.R. 11.61(b) and 11.81, Hawk Aviation, Inc. hereby petitions for an 

exemption to permit it to combine the drug testing programs for its Part 91.147 and Part 135 

operations. 

(a) Contact information:

Mark Nelson

Substance Prevention/Abuse Program Manager

Hawk Aviation, Inc.

51601 Forest Blvd.

Rush City, MN 55069

320-358-3665

mark@hawk-aviation.com

(b) The specific sections of 14 C.F.R. from which an exemption is sought:

120.1Applicability.

This part applies to the following persons:

(a) All air carriers and operators certificated under part 119 of this chapter authorized to conduct 

operations under part 121 or part 135 of this chapter, all air traffic control facilities not operated by the 

FAA or by or under contract to the U.S. military; and all operators as defined in 14 CFR 91.147.

(c) The extent of relief sought, and the reason for the relief sought:

Hawk Aviation, Inc. operates under both Part 91.147 and Part 135. At this time, any pilot who is 

flying under Part 135 and is already enrolled in a drug and alcohol testing program would also be 

required to enroll in a separate program to fly under Part 91.147. We are requesting that the two drug 

and alcohol testing programs be combined because we are an extremely small operation with less than 

five pilots. Being required to operate two separate programs is a financial and administrative hardship 

to our company.

(d) The reasons why granting this request is in the public interest:
All of Hawk Aviation, Inc. employees in safetysensitive positions have been screened for illicit drug 

use in full compliance with the requirements in 14 C.F.R. 120. Accordingly, Hawk Aviation, Inc. has 

met the public interest in ensuring that illicit drug users are detected and prevented from performing 

a safetysensitive position. Requiring Hawk Aviation, Inc. to duplicate drug testing programs for Part 

91.147 and Part 135 is repetitive and is adding unnecessary financial and administrative burden to 

such a small company. Combining the programs would continue to meet the intent of 14 C.F.R. 120.

(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 the exemption is sought:

The exemption would not adversely affect safety because all of the employees who have performed 

safetysensitive functions for Hawk Aviation, Inc. have been subject to the drug testing requirements 

as outlined in 14 C.F.R. 120.

(f) A summary to be published in the Federal Register stating the rule from which an exemption is 

sought and a brief description of the nature of the exemption sought:

14 C.F.R. 120.1 a) All air carriers and operators certificated under part 119 of this chapter authorized to 

conduct operations under part 121 or part 135 of this chapter, all air traffic control facilities not 

operated by the FAA or by or under contract to the U.S. military; and all operators as defined in 14 

CFR 91.147.

Hawk Aviation, Inc. respectfully requests that we receive an exemption from having two separate drug 

and alcohol programs and are able to combine the Part 135 and the Part 91.147 drug testing programs.

(g) Any additional information, views or arguments available to support your requests.

None

(h) If you want to exercise the privileges of your exemptions outside the United States, you must 

include your reasons.

Hawk Aviation currently does not operate outside the U.S.

Respectfully submitted,

Mark Nelson

President

Hawk Aviation, Inc.