December 6, 2011

**Via Submission to Regulations.Gov** (Shell Docket F

AA
- 2007
- 0001
- 0001) U.S. Department of T

ra nsportation Docket Management F

acility 1200 New Jersey Avenue, S.E. We st Building, Ground Floor Room W12 140 Wa shington, DC 20590 Hawk Aviation, Inc P etition for Exemption from 14 C.F .R. Part 120.1(a) as it applies to P art 91.147(d) and P art 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 it s P art 91.147 and P art 135 operations. (a) Contact information : Mark Nelson Substance Prevention/Abuse Program Manager Hawk Av iation, Inc. 51601 Forest Blvd. Rush City , MN 55069 320

- 358

- 3665 mark@hawk

- aviati on.com (b) The specif

ic 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 1 19 of this chapter authorized to conduct operati ons under part 121 or part 135 of this chapter, all air traf fic control facilities not operated by the FA A or b y 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 Av iation, Inc. operates under both Part 91.147 and Part 135. At this time, any pilot who is fly ing 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 fl y under Part 91.147. W e 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 safety sensitive 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 safety sensitive position. Requiring Hawk Aviation, Inc. to duplicate drug testing programs for Part 91.147 and Part 135 is repetitive and is adding unnecessary f inancial 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 safety sens itive 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 t he nature of the exemption sought: 14 C.F .R. 120.1 a) All air carriers and operators certificated under part 1 19 of this chapter authorized to conduct operations under part 121 or part 135 of this chapter, all air traffic control facilities not operated b y the F

AA or by or under contract to the U.S. military ; and all operators as defined in 14 CFR 91.147. Hawk Av iation, 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 re

asons. Hawk Av iation currentl y does not operate outside the U.S.
Respectfully

submitted,

Mark Nelson President Hawk Av iation, Inc.