[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Rules and Regulations]
[Pages 18886-18888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8362]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 27065, 25148 and 26620; Amendment No. 121-273]


Antidrug and Alcohol Misuse Prevention Programs for Personnel 
Engaged in Specified Aviation Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action corrects FAA office addresses listed in the Code 
of Federal Regulations regarding Drug Testing Programs and Alcohol 
Misuse Prevention Programs. The action is necessary so that required 
notifications and reports are received by the FAA in a timely and 
efficient manner. The intended effect of this action is to ensure that 
the regulated public has correct information regarding FAA office 
addresses.

EFFECTIVE DATE: April 10, 2000.

FOR FURTHER INFORMATION CONTACT: Ralph Timmons, Acting Manager, Program 
Analysis Branch, AAM-810, Drug Abatement Division, Office of Aviation 
Medicine, Federal Aviation Administration, Washington, DC 20591, 
telephone (202) 267-8442.

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 1994, the FAA published a final rule, Alcohol 
Misuse Prevention Program (59 FR 7380). On August 19, 1994, the FAA 
published a final rule, Antidrug Program for Personnel Engaged in 
Specified Aviation Activities (59 FR 42922). These final rules 
specified the requirements for drug and alcohol testing of air carrier 
employees. Since the publication of the final rules, the FAA has 
identified several FAA office addresses specified in the final rules 
that have changed. This technical amendment updates office addresses 
specified in 14 CFR Part 121, Appendices I and J. The changes will 
facilitate notification, reporting, and submission requirements.

[[Page 18887]]

    Because this action is merely a technical amendment reflecting the 
change to office addresses, the FAA finds that notice and public 
procedure under 5 U.S.C. 553(b) are unnecessary. For the same reason, 
the FAA finds that good cause exists under 5 U.S.C. 5553(d) for making 
this amendment effective upon publication.

Availability of Final Rule

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: (703) 
321-3339), or the Government Printing Office's (GPO) electronic 
bulletin board service (telephone: (202) 512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.thm or the Government Printing Office's webpage at 
http://www.access.gpo.gov/nara for access to recently published 
rulemaking documents.
    Any person may obtain a copy of this rule by submitting a request 
to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 
800 Independence Avenue, SW, Washington, DC 20591, or by calling (202) 
267-9680. Communications must identify the amendment number or docket 
number of this rule.

Small Entity Inquiries

    If you are a small entity and have a question, contact your local 
FAA official. If you do not know how to contact your local FAA 
official, you may contact Charlene Brown, Program Analysis Staff, 
Office of Rulemaking, ARM-27, Federal Aviation Administration, 800 
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet 
users can find additional information on SBREFA in the ``Quick Jump'' 
section of the FAA's web page at http://www.faa.gov and may send 
electronic inquiries to the following Internet address: [email protected].

Agency Findings

    This is a routine matter that will affect only changes to office 
addresses for notification, reporting, and submission purposes. The 
regulations adopted herein will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this final rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    The FAA has determined that this action does not warrant 
preparation of a regulatory evaluation since the anticipated impact is 
minimal. For the reasons discussed in the preamble, I certify that this 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (DOT) Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979); and (3) if promulgated, will not have 
a significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act.

Paperwork Reduction Act

    Information collection requirements in the amendment to Part 121, 
Appendix I, Sections VI, VII, and IX and Appendix J, Sections V and VII 
have previously been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. section 3507(d)), and have been assigned OMB Control Numbers 
2120-0535 and 2120-0571, respectively.
    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid Office of Management and Budget (OMB) control number.

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety, 
Drug abuse, Drug testing, Reporting and recordkeeping requirements, 
Safety, Transportation.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 121, as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

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

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.


    2. In Appendix I to part 121:
    A. In section VI.E., paragraph 1 is revised.
    B. In section VII.B., paragraph 4 is revised.
    C. In section IX.A., paragraph 1 is revised.
    The revisions read as follows:

Appendix I to Part 121--Drug Testing Program

* * * * *
    VI. * * *
    E. * * * 1. Each employer shall notify the FAA within 5 working 
days of any employee who holds a certificate issued under part 61, 
part 63, or part 65 of this chapter who has refused to submit to a 
drug test required under this appendix. Notification should be sent 
to: Federal Aviation Administration, Office of Aviation Medicine, 
Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., 
Washington, DC 20591.
* * * * *
    VII. * * *
    B. * * *
    4. All reports required under this section shall be forwarded to 
the Federal Air Surgeon, Office of Aviation Medicine, Federal 
Aviation Administration, Attn: Drug Abatement Division (AAM-800), 
800 Independence Avenue, SW., Washington, DC 20591.
* * * * *
    IX. * * * A. * * * 1. Each employer shall submit an antidrug 
program plan to the Federal Aviation Administration, Office of 
Aviation Medicine, Drug Abatement Division (AAM-800), 800 
Independence Avenue, SW., Washington, DC 20591.
* * * * *
    3. In appendix J to part 121:
    A. In section V.C., paragraph 3 is revised.
    B. In section V.D., paragraph 1 is revised.
    C. In section VII.A., paragraph 1 introductory text is revised.
    The revision read as follows:

Appendix J to Part 121--Alcohol Misuse Prevention Program

* * * * *
    V. * * *
    C. * * *
    3. All documents shall be sent to the Federal Air Surgeon, 
Office of Aviation Medicine, Federal Aviation Administration, Attn: 
Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., 
Washington, DC 20591.
* * * * *
    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, Office of Aviation Medicine, Drug 
Abatement Division (AAM-800), 800 Independence Avenue, SW., 
Washington, DC 20591.
* * * * *
    VII. * * *
    A. * * *
    1. Each employer shall submit an alcohol misuse prevention 
program (AMPP) certification statement as prescribed in paragraph B 
of section VII of this appendix,

[[Page 18888]]

in duplicate, to the Federal Aviation Administration, Office of 
Aviation Medicine, Drug Abatement Division (AAM-800), 800 
Independence Avenue, SW., Washington, DC 20591, in accordance with 
the schedule below.
* * * * *

    Issued in Washington, DC, on March 31, 2000.
Donald P. Byrne,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 00-8362 Filed 4-7-00; 8:45 am]
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