[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26066]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 27065; Amendment No. 121-237]
RIN 2120-AE43

 

Alcohol Misuse Prevention Program for Personnel Engaged in 
Specified Aviation Activities

agency: Federal Aviation Administration (FAA), DOT.

action: Technical amendment.

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summary: This document contains technical amendments to the final rule 
establishing the alcohol misuse prevention program (AMPP). The final 
rule was published February 15, 1994. These amendments correct 
typographical errors or clarify provisions to reflect the FAA's actual 
intent.

effective date: October 21, 1994.

for further information contact: Office of Aviation Medicine, Drug 
Abatement Division (AMA-800), Federal Aviation Administration, 400 7th 
Street, SW., Washington, DC 20590; telephone (202) 366-6710.

SUPPLEMENTARY INFORMATION:

Availability of Notice

    Any person may obtain a copy of this notice by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, Attn: 
Public Inquiry Center (APA-230), 800 Independence Avenue, SW., 
Washington, DC 20591, or by calling (202) 267-3484. Requests must 
include the notice number of this notice.
    Persons interested in being placed on a mailing list for future 
rulemaking actions should request a copy of Advisory Circular 11-2A. 
Notice of Proposed Rulemaking Distribution System, which describes the 
application procedures.

Background

    On February 15, 1994, the FAA published a final rule establishing 
the AMPP for the aviation industry (59 FR 7380). Since the publication 
of the final rule, the FAA identified six items requiring editorial 
amendment to correct typographical errors or to clarify provisions to 
reflect the FAA's actual intent. These revisions will facilitate 
implementation of the final rule.

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Aircraft pilots, Airmen, Airplanes, Air 
transportation, Alcohol, Alcoholism, Aviation safety, Safety, and 
Transportation.

    The FAA provides notice of the following amendments to 14 CFR part 
121:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 1354(a), 1355, 1356, 1357, 1401, 1421-1430, 
1485, and 1502 (revised, Pub. L. 102-143, October 28, 1991); 49 
U.S.C. 106(g) (revised, Pub. L. 97-449, January 12, 1983).

Appendix J to Part 121--Alcohol Misuse Prevention Program

    2. In section IV, subparagraphs 2(a) and 3(c) of paragraph A are 
revised to read as follows:
* * * * *

IV. Handling of Test Results, Record Retention, and Confidentiality

A. Retention of Records

* * * * *
    2. * * *
    (a) Five years. Records of employee alcohol test results with 
results indicating an alcohol concentration of 0.02 or greater, 
records related to other violations of Secs. 65.46a, 121.458, or 
135.253 of this chapter, documentation of refusals to take required 
alcohol tests, calibration documentation, employee evaluations and 
referrals, and copies of any annual reports submitted to the FAA 
under this appendix shall be maintained for a minimum of 5 years.
* * * * *
    3. * * *
    (c) Records related to other violations of Secs. 65.46a, 
121.458, or 135.253 of this chapter.
* * * * *
    3. In section V, paragraph B, subparagraph 1 of paragraph C, and 
paragraph D are revised to read as follows:
* * * * *

V. Consequences for Employees Engaging in Alcohol-Related Conduct

* * * * *

B. Permanent Disqualification From Service

    An employee who violates Secs. 65.46a(c), 121.458(c), or 
135.253(c) of this chapter, or who engages in alcohol use that 
violates another alcohol misuse provision of Secs. 65.46a, 121.458, 
or 135.253 of this chapter and had previously engaged in alcohol use 
that violated the provisions of Secs. 65.46a, 121.458, or 135.253 of 
this chapter after becoming subject to such prohibitions is 
permanently precluded from performing for an employer the safety-
sensitive duties the employee performed before such violation.
    C. * * *
    1. An employer who determines that a covered employee who holds 
an airman medical certificate issued under part 67 of this chapter 
has engaged in alcohol use that violated the alcohol misuse 
provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter 
shall notify the Federal Air Surgeon within 2 working days.
* * * * *
    D. * * *
    1. Except as provided in subparagraph 2 of this paragraph D, 
each employer shall notify the FAA within 5 working days of any 
covered employee who holds a certificate issued under 14 CFR part 
61, part 63, or part 65 who has refused to submit to an alcohol test 
required under this appendix. Notifications should be sent to: 
Federal Aviation Administration, Aviation Standards National Field 
Office, Airmen Certification Branch, AVN-460, P.O. Box 25082, 
Oklahoma City, OK 73125.
    2. An employer is not required to notify the above office of 
refusals to submit to pre-employment alcohol tests or refusals to 
submit to return to duty tests.
* * * * *
    4. In section VII, subparagraph 2(b) of paragraph A, is revised to 
read as follows:
* * * * *

VII. Employer's Alcohol Misuse Prevention Program

    A. * * *
    2. * * *
    (b) No employer shall use a contractor company's employee who is 
not subject to the employer's AMPP unless the employer has first 
determined that the employee is subject to the contractor company's 
FAA-mandated AMPP.
* * * * *
    Issued in Washington, DC, on October 17, 1994.
Michael E. Chase,
Acting Assistant Chief Counsel, Office of the Chief Counsel.
[FR Doc. 94-26066 Filed 10-20-94; 8:45 am]
BILLING CODE 4910-13-M