[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Page 13472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6456]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2002-11301; Notice No. 04-05]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Policy statement.

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SUMMARY: Until July 29, 2004, the FAA will continue to recognize the 
antidrug plan number for certain repair stations. This policy applies 
to any repair station that is conducting testing under the FAA's drug 
and alcohol regulations but does not hold an Antidrug and Alcohol 
Misuse Prevention Program Operations Specification. Because of 
administrative issues, the FAA has not been able to issue this 
Operations Specification to some repair stations before the February 
11, 2004, implementation date set by the FAA.

DATES: This policy is effective from February 11, 2004, to July 29, 
2004.

FOR FURTHER INFORMATION CONTACT: Diane J. Wood, Manager, AAM-800, Drug 
Abatement Division, Office of Aerospace Medicine, Federal Aviation 
Administration, 800 Independence Ave. SW., Washington, DC 20591, 
Telephone (202) 267-8442.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You can get an electronic copy of this document using the Internet 
by:

    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://dms.dot.gov/search); or 
(2)Visiting the Office of Rulemaking's web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's web page at //
www.access.gpo.gov/su_docs/aces/aces140.html.

    You can also get a copy 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. Make 
sure to identify the Notice number or docket number of this proceeding.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Background

    On January 12, 2004, the FAA issued a final rule entitled, 
``Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged 
in Specified Aviation Activities'' (69 FR 1840). This final rule 
amended 14 CFR part 121, appendices I and J, the ``Drug Testing 
Program'' and the ``Alcohol Misuse Prevention Program'' regulations. In 
the final rule, the FAA required an Antidrug and Alcohol Misuse 
Prevention Program Operations Specification (OpSpec) for all part 121 
and 135 certificate holders and any part 145 repair station opting to 
conduct drug and alcohol testing under the FAA's regulations. The final 
rule was effective February 11, 2004.
    For administrative reasons, the FAA has not been able to issue the 
Antidrug and Alcohol Misuse Prevention Program OpSpec to some part 145 
repair stations by the effective date of the final rule. However, we 
will complete issuance of this OpSpec to the remaining part 145 repair 
stations no later than July 29, 2004.

Discussion

    Some existing part 145 repair stations that already have an FAA 
antidrug plan number have been told by their Principal Maintenance 
Inspectors (PMIs) that the FAA could not issue an Antidrug and Alcohol 
Misuse Prevention Program OpSpec by February 11, 2004. The FAA was not 
able to issue some Antidrug and Alcohol Misuse Prevention Program 
OpSpecs in a timely manner. Therefore, the FAA will continue to 
recognize the antidrug plan numbers of part 145 repair stations that 
are conducting testing under 14 CFR part 121, appendices I and J, until 
their PMIs can issue them the Antidrug and Alcohol Misuse Prevention 
Program OpSpec. This policy does not extend the effective date of the 
final rule. Instead, it merely recognizes that some part 145 repair 
stations have tried to obtain the Antidrug and Alcohol Misuse 
Prevention Program OpSpec but were unable to do so because of 
administrative issues within the FAA.

Conclusion

    Until July 29, 2004, the FAA will continue to recognize the 
antidrug plan number for certain part 145 repair stations. This policy 
applies to any repair station that is conducting testing under 14 CFR 
part 121, appendices I and J, but that has not yet been able to obtain 
the Antidrug and Alcohol Misuse Prevention Program OpSpec from its PMI. 
Employers regulated by 14 CFR part 121, appendices I and J should 
similarly continue to recognize the antidrug plan number for any such 
part 145 repair station.

    Issued in Washington, DC, on March 18, 2004.
Jon L. Jordan,
Federal Air Surgeon.
[FR Doc. 04-6456 Filed 3-22-04; 8:45 am]
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