AAM-12-043-E 

October 31, 2011 

 Exemption No. 10381 

 Regulatory Docket No. FAA-2011-1175 

Ms. Lois J. Reid 

Upper Limit Aviation, Inc. 

619 N 2360 W 

Salt Lake City, UT 84116 

Dear Ms. Reid: 

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 October 20, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Upper Limit Flight Services, Inc. dba Upper Limit Aviation, Inc. (Upper Limit 

Aviation), for an exemption from § 91.147 of Title 14, Code of Federal Regulations 

(14 CFR). That exemption, if granted, would allow Upper Limit Aviation, which is operating 

under separate parts of the regulations, to cover its safety-sensitive employees under one 

testing program. 

Although you requested relief from § 91.147, the FAA recognizes that Upper Limit Aviation 

requires relief from part 120. On May 14, 2009, the FAA published the “Drug and Alcohol 

Testing Program” final rule in the Federal Register (74 FR 22649). A copy is enclosed for 

your information. 

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 Upper Limit 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 
2 

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. 

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 Upper Limit Flight Services, Inc. dba Upper Limit 

Aviation, Inc., an exemption from part 120 to the extent necessary to allow Upper Limit 

Aviation, which is operating under separate parts of the regulations, to cover its safetysensitive employees under one testing program, subject to the conditions and limitations 

described below. 

Conditions and Limitations 

1. Employees of Upper Limit 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 Upper Limit Aviation part 135 operation, not under the part 91. 

This exemption terminates on November 30, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

James R. Fraser 

Deputy Federal Air Surgeon 

Enclosures