Henry E. Schwarz 

4301 Southwood Drive 

Alexandria, Virginia 22309 

Phone: 703-201-2759 

12-April-2010 

U. S. Department of Transportation 

Docl<et Management System 

1200 New Jersey Avenue, SE. 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

References: |:^ 

(1) FAA Air Carrier Certificate # YVSA877L issued to Henry E. Schwarz, 7-Dec-2007. ^~ 

(2) FAA Commercial Air Tour Operations Letter of Authorization (LOA) ID # YVSJEA21, 

issued to Henry E. Schwarz, 4-Jun-2008. 

Dear Sir: 

As a single pilot helicopter owner/operator using the business name Henry E. Schwarz, I have 

been authorized by the FAA to operate as an air carrier for hire (Reference (1)) and as a 

commercial air tour operator (Reference (2)). Drug and alcohol testing regulation (14 CFR Part 

120) requires each Part 119 certificate holder with the authority to operate as an air carrier 

under Part 135, and/or as an air tour operator under Part 91.147, to implement a separate and 

distinct drug and alcohol testing program for each of these type operations. Since the 

requirement for each of these type programs is the same, exemption for Reference (2) is 

requested from the requirement to implement a separate and distinct drug and alcohol testing 

program under 14 CFR 91.147, and 14 CFR 120 as it relates to operations under Part 91.147. If 

granted, this exemption will effectively combine the drug and alcohol testing program of Part 

91.147 into the program already established for air carrier operations under Part 135. The 

exemption will help avoid unnecessary duplicity and waste of resources by both the 

owner/operator and the FAA which must oversee the program, the cost of which the public 

must ultimately bear. Safety of the public, which is paramount, will remain unchanged by 

granting this exemption. 

Further information to support this request is submitted below in accordance with 14 CFR 11.61 

-11.101, as required by the FAA: 

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(1) The date for the requested change to take effect is about 90 days from now or 

specifically 15-Jul-2010. 

(2) Detailed supporting information is as follows: 

(a) Name and address applicable to References (1) and (2): 

Henry E. Schwarz 

4301 Southwood Drive 

Alexandria, VA 22309 

Telephone: 703-201-2759 

Email: hsch252037f5)aol.com 

(b) The specific sections of 14 CFR from which exemption to drug and alcohol testing 

requirements is sought are as follows: 

91.147(d) 

120.1(a) 

120.7(i) 

120.117 

(c) The extent of relief sought and reasons: Exemption from the drug and alcohol 

testing requirements in the above listed sections of 14 CFR is sought, because the Part 

91.147 air tour operator in this case has previously been certified by the FAA to operate 

as an air carrier under Part 135 and, therefore, already has a compliant Antidrug and 

Alcohol Misuse Prevention Program established under Part 135 and Part 120. 

(d) The reason why granting this request would be in the public interest is that the 

drug and alcohol testing requirements for the Part 135 air carrier certificate holder and 

the Part 91.147 air tour operator are the same. Establishing a similar, duplicative, 

program to cover air tour operations under Part 91.147 would double the cost of 

operating the program by both the owner/operator and the FAA which must oversee it, 

with no increase in safety to the public. 

(e) The reason why granting the requested change would not adversely affect safety is 

because it removes unnecessary duplicity and does not alter the basic requirement to 

establish and maintain an effective Antidrug and Alcohol Misuse Prevention Program. 

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(f) Summary for Publication: 

Drug and alcohol testing regulation (14 CFR Part 120) requires each 14 CFR Part 119 

certificate holder, with the authority to operate as an air carrier under Part 135 and as 

an air tour operator under Part 91.147, to implement a separate and distinct drug and 

alcohol testing program for each of these type operations. Since the requirement for 

each of these type programs is the same and when the owner/operator is also the 

same, exemption from the requirements related to air tour operations under Part 

91.147 will effectively combine them into those for air carrier operations under Part 

135. The exemption will help avoid unnecessary duplicity and waste of resources by 

both the owner/operator and the FAA which must oversee the program, the cost of 

which the public must ultimately bear. Safety of the public, which is paramount, will 

remain unchanged by this exemption. 

(g) Additional information: 

Owners, operators and employees of small aviation business activities clearly have been 

severely and adversely affected by the down-turn in worldwide business activities, such 

that they need all the help they can get in the struggle to survive. The instant case as 

described here-in demonstrates how simply granting an exemption to a duplicative 

regulatory requirement can produce significant savings in time and cost to the 

owner/operator and to the FAA which must oversee its operation, with no detriment to 

public safety. 

(h) Exercise of privileges outside the United States: 

I have considerable experience worldwide flying experience to include Mexico, and 

particularly Canada. I intend to refresh these experiences in the future. 

Henry E. Schwarz 

Owner/operator 

MSWord/07 G:\CombJne Drug & Alcohol Prgms 9AprlO 

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