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, In c. 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 into2

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 LimitAviation, 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