[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12082-12085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4583]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-1998-4521; Amendment No. 121-332]
RIN 2120-AF07


Drug and Alcohol Testing Requirements

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to update references to various types of commercial 
operators within the drug and alcohol testing regulations. In the final 
rule, ``National Air Tour Safety Standards'' (Air Tours) published on 
February 13, 2007, we changed the regulatory sections that referred to 
sightseeing operators that did not hold a certificate but that 
continued to be subject to drug and alcohol testing requirements. In 
addition, this technical amendment updates other references in the drug 
and alcohol testing regulations including addresses. The intent of this 
amendment is to avoid confusion created by inconsistent terms and 
references within the FAA's regulations.

DATES: Effective Dates: Effective on March 15, 2007.

FOR FURTHER INFORMATION CONTACT: Patrice M. Kelly, Deputy Division 
Manager, Drug Abatement Division, Office of Aerospace Medicine, 800 
Independence Ave. SW., Washington, DC, 20591. (202) 267-3123; 
[email protected].

SUPPLEMENTARY INFORMATION:

Technical Amendment

    This technical amendment will update several references in the 
FAA's drug and alcohol testing regulations in Title 14 of the Code of 
Federal Regulations (14 CFR), part 121, appendices I and J. In 
addition, this amendment will change the location where registrations 
will be sent, so that the appropriate offices will receive the drug and 
alcohol testing registration information.
    Since the inception of the drug testing rules in 1988, and the 
alcohol testing regulations in 1994, the FAA has included any 
sightseeing operator defined in 14 CFR 135.1(c) as an ``employer'' that 
was required to meet the drug and alcohol testing requirements set 
forth in 14 CFR part 121, appendices I and J. Under the Air Tours final 
rule, the FAA has moved the former Sec.  135.1(c) operators to the 
newly created Sec.  91.147 of 14 CFR. In this amendment, we are 
changing all references to the term ``Operator'' as defined in Sec.  
135.1(c) to reference the new definition of ``Operator'' in Sec.  
91.147.
    The ``National Air Tour Safety Standards'' final rule requires that 
a Sec.  91.147 operator register its drug and alcohol testing program 
with the Flight Standards District Office nearest its principal place 
of business. The technical amendment reflects that change to several 
sections in appendices I and J of part 121. If this change is not made, 
these small operators would be required to file the same company 
contact information with multiple FAA offices. The amendment also 
updates the addresses where a repair station can file its program with 
the FAA, if the repair station opts to have its own testing program.
    We are updating references to ``a part 121 certificate holder'' and 
``a part 135 certificate holder.'' The drug and alcohol testing 
regulations will now refer to ``part 119 certificate holders with 
authority to operate under parts 121 and/or 135,'' which is a 
technically more accurate description.
    In both appendix I, section IX, and appendix J, section VII, we 
eliminated paragraph ``C.2'' to incorporate it in the caption within 
the chart. The chart that appeared in paragraph ``C.2'' now appears in 
the newly redesignated paragraph ``C.'' We made this change to avoid 
confusion and redundancy. We also removed an ``e.g.'' provision in the 
C.2 chart found in both appendix I, section IX, and appendix J, section 
VII. The ``e.g.'' in paragraph ``C.2'' was not used elsewhere in the 
charts, and was not a substantive provision.

Justification for Immediate Adoption

    On the basis of the above, the FAA does not find that this 
amendment is a substantial action that requires 30 days after 
publication before it becomes effective, and that notice and public 
comment under 5 U.S.C. 533(b) are unnecessary and contrary to the 
public interest. Further, I find that good cause exists under 5 U.S.C. 
533(d) for making this rule effective on the same day that the National 
Air Tour Safety Standards final rule becomes effective (March 15, 
2007), so that references to sections amended in the final rule are up 
to date.

List of Subjects in 14 CFR Part 121

    Aircraft, Airmen, Aviation Safety, Reporting and recordkeeping 
requirements.

0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) part 121 
is amended as follows:

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

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105.


0
2. Amend appendix I to part 121 as follows:
0
A. Amend section II, to revise the definition of ``Employer''; and
0
B. Amend section IX by revising paragraphs A, B, C, D.1.e., E.1.f., and 
E.2.
    The revisions read as follows:

Appendix I to Part 121--Drug Testing Program

* * * * *
    II. Definitions. * * *
* * * * *
    Employer is a part 119 certificate holder with authority to 
operate under parts 121 and/or 135, an operator as defined in Sec.  
91.147 of this chapter, or an air traffic control facility not 
operated by the FAA or by or under contract to the U.S. Military. An 
employer may use a contract employee who is not included under that 
employer's FAA-mandated antidrug program to perform a safety-
sensitive function only if that contract employee is included under 
the contractor's FAA-mandated antidrug program and is performing a 
safety-sensitive function on behalf of that contractor (i.e., within 
the scope of employment with the contractor.)
* * * * *
    IX. Implementing an Antidrug Program.
    A. Each company must meet the requirements of this appendix. Use 
the following chart to determine whether your company must obtain an 
Antidrug and Alcohol Misuse Prevention Program Operations 
Specification or whether you must register with the FAA:

[[Page 12083]]



------------------------------------------------------------------------
           If you are . . .                      You must . . .
------------------------------------------------------------------------
1. A part 119 certificate holder with  Obtain an Antidrug and Alcohol
 authority to operate under parts 121   Misuse Prevention Program
 and/or 135.                            Operations Specification by
                                        contacting your FAA Principal
                                        Operations Inspector.
2. An operator as defined in Sec.      Register with the FAA by
 91.147 of this chapter.                contacting the Flight Standards
                                        District Office nearest to your
                                        principal place of business.
3. An air traffic control facility     Register with the FAA, Office of
 not operated by the FAA or by or       Aerospace Medicine, Drug
 under contract to the U.S. Military.   Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591.
4. A part 145 certificate holder who   Obtain an Antidrug and Alcohol
 has your own antidrug program.         Misuse Prevention Program
                                        Operations Specification by
                                        contacting your Principal
                                        Maintenance Inspector or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591, if you opt
                                        to conduct your own antidrug
                                        program.
5. A contractor who has your own       Register with the FAA, Office of
 antidrug program.                      Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591, if you opt
                                        to conduct your own antidrug
                                        program.
------------------------------------------------------------------------

    B. Use the following chart for implementing an antidrug program 
if you are applying for a part 119 certificate with authority to 
operate under parts 121 or 135, if you intend to begin operations as 
defined in Sec.  91.147 of this chapter, or if you intend to begin 
air traffic control operations (not operated by the FAA or by or 
under contract to the U.S. Military). Use it to determine whether 
you need to have an Antidrug and Alcohol Misuse Prevention Program 
Operations Specification, or whether you need to register with the 
FAA. Your employees who perform safety-sensitive duties must be 
tested in accordance with this appendix. The chart follows:

------------------------------------------------------------------------
             If you . . .                        You must . . .
------------------------------------------------------------------------
1. Apply for a part 119 certificate    a. Have an Antidrug and Alcohol
 with authority to operate under        Misuse Prevention Program
 parts 121 or 135.                      Operations Specification,
                                       b. Implement an FAA antidrug
                                        program no later than the date
                                        you start operations, and
                                       c. Meet the requirements of this
                                        appendix.
2. Intend to begin operations as       a. Register with the FAA by
 defined in Sec.   91.147 of this       contacting the Flight Standards
 chapter.                               District Office nearest to your
                                        principal place of business
                                        prior to starting operations,
                                       b. Implement an FAA antidrug
                                        program no later than the date
                                        you start operations, and
                                       c. Meet the requirements of this
                                        appendix.
3. Intend to begin air traffic         a. Register with the FAA, Office
 control operations (at an air          of Aerospace Medicine, Drug
 traffic control facility not           Abatement Division (AAM-800),
 operated by the FAA or by or under     800 Independence Avenue, SW.,
 contract to the U.S. Military).        Washington, DC 20591,
                                       b. Implement an FAA antidrug
                                        program no later than the date
                                        you start operations, and
                                       c. Meet the requirements of this
                                        appendix.
------------------------------------------------------------------------

    C. If you are an individual or company that intends to provide 
safety-sensitive services by contract to a part 119 certificate 
holder with authority to operate under parts 121 and/or 135, an 
operation as defined in Sec.  91.147 of this chapter, or an air 
traffic control facility not operated by the FAA or by or under 
contract to the U.S. Military, use the chart below to determine what 
you must do if you opt to have your own antidrug program:

------------------------------------------------------------------------
                                        And you opt to conduct your own
             If you . . .               antidrug program, you must . . .
------------------------------------------------------------------------
a. Are a part 145 certificate holder.
                                       i. Have an Antidrug and Alcohol
                                        Misuse Prevention Program
                                        Operations Specification or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,
                                       ii. Implement an FAA Antidrug
                                        Program no later than the date
                                        you start performing safety-
                                        sensitive functions for a part
                                        119 certificate holder with
                                        authority to operate under parts
                                        121 or 135, or operator as
                                        defined in Sec.   91.147 of this
                                        chapter, and
                                       iii. Meet the requirements of
                                        this appendix as if you were an
                                        employer.
b. Are a contractor..................
                                       i. Register with the FAA, Office
                                        of Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,
                                       ii. Implement an FAA Antidrug
                                        Program no later than the date
                                        you start performing safety-
                                        sensitive functions for a part
                                        119 certificate holder with
                                        authority to operate under parts
                                        121 or 135, an operator as
                                        defined in Sec.   91.147 of this
                                        chapter, or an air traffic
                                        control facility not operated by
                                        the FAA or by or under contract
                                        to the U.S. Military, and
                                       iii. Meet the requirements of
                                        this appendix as if you were an
                                        employer.
------------------------------------------------------------------------

    D. 1. * * *
    e. Whether you have 50 or more safety-sensitive employees, or 49 
or fewer safety-sensitive employees. (Part 119 certificate holders 
with authority to operate only under part 121 are not required to 
provide this information.)
* * * * *
    E. 1. * * *
    f. A signed statement indicating that: Your company will comply 
with this appendix, appendix J of this part, and 49 CFR part 40; 
and, if you are a contractor, you intend to provide safety-sensitive 
functions by contract to a part 119 certificate holder with 
authority to operate under part 121 and/or part 135, an operator as 
defined in Sec.  91.147 of this chapter, or an air traffic control 
facility not operated by the FAA or by or under contract to the U.S. 
Military.

[[Page 12084]]

    2. Send this information in the form and manner prescribed by 
the Administrator, in duplicate to the appropriate address below:
    a. For Sec.  91.147 operators: the Flight Standards District 
Office nearest to your principal place of business.
    b. For all others: The Federal Aviation Administration, Office 
of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 
Independence Avenue, SW., Washington, DC 20591.
* * * * *

0
3. Amend appendix J to part 121 as follows:
0
A. In section I., amend paragraph D. to revise the definition of 
``Employer'';
0
B. Amend section VII by revising paragraphs A, B, C, D.1.e., E.1.f., 
E.2., and E.3.
    The revisions read as follows:

Appendix J to Part 121--Alcohol Misuse Prevention Program

* * * * *

I. GENERAL

* * * * *
    D. Definitions.
* * * * *
    Employer means a part 119 certificate holder with authority to 
operate under parts 121 and/or 135; an operator as defined in Sec.  
91.147 of this chapter; or an air traffic control facility not 
operated by the FAA or by or under contract to the U.S. Military.
* * * * *

VII. HOW TO IMPLEMENT AN ALCOHOL MISUSE PREVENTION PROGRAM

    A. Each company must meet the requirements of this appendix. Use 
the following chart to determine whether your company must obtain an 
Antidrug and Alcohol Misuse Prevention Program Operations 
Specification or whether you must register with the FAA:

------------------------------------------------------------------------
           If you are . . .                      You must . . .
------------------------------------------------------------------------
1. A part 119 certificate holder with  Obtain an Antidrug and Alcohol
 authority to operate under parts 121   Misuse Prevention Program
 and/or 135.                            Operations Specification by
                                        contacting your FAA Principal
                                        Operations Inspector.
2. An operator as defined in Sec.      Register with the FAA by
 91.147.                                contacting the Flight Standards
                                        District Office nearest to your
                                        principal place of business.
3. An air traffic control facility     Register with the FAA, Office of
 not operated by the FAA or by or       Aerospace Medicine, Drug
 under contract to the U.S. Military.   Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591.
4. A part 145 certificate holder who   Obtain an Antidrug and Alcohol
 has your own alcohol misuse            Misuse Prevention Program
 prevention program.                    Operations Specification by
                                        contacting your FAA Principal
                                        Maintenance Inspector or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591, if you opt
                                        to conduct your own Alcohol
                                        Misuse Prevention Program.
5. A contractor who has your own       Register with the FAA, Office of
 alcohol misuse prevention program.     Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591 if you opt
                                        to conduct your own Alcohol
                                        Misuse Prevention Program.
------------------------------------------------------------------------

    B. Use the following chart for implementing an Alcohol Misuse 
Prevention Program if you are applying for a part 119 certificate 
with authority to operate under parts 121 and/or 135, if you intend 
to begin operations as defined in Sec.  91.147 of this chapter, or 
if you intend to begin air traffic control operations (not operated 
by the FAA or by or under contract to the U.S. Military). Use it to 
determine whether you need to have an Antidrug and Alcohol Misuse 
Prevention Program Operations Specification, or whether you need to 
register with the FAA. Your employees who perform safety-sensitive 
duties must be tested in accordance with this appendix. The chart 
follows:

------------------------------------------------------------------------
             If you . . .                        You must . . .
------------------------------------------------------------------------
1. Apply for a part 119 certificate    a. Have an Antidrug and Alcohol
 with authority to operate under        Misuse Prevention Program
 parts 121 and/or 135.                  Operations Specification,
                                       b. Implement an FAA Alcohol
                                        Misuse Prevention Program no
                                        later than the date you start
                                        operations, and
                                       c. Meet the requirements of this
                                        appendix.
2. Intend to begin operations as       a. Register with the FAA by
 defined in Sec.   91.147 of this       contacting the Flight Standards
 chapter.                               District Office nearest to your
                                        principal place of business
                                        prior to starting operations,
                                       b. Implement an FAA Alcohol
                                        Misuse Prevention Program no
                                        later than the date you start
                                        operations, and
                                       c. Meet the requirements of this
                                        appendix.
3. Intend to begin air traffic         a. Register with the FAA, Office
 control operations (at an air          of Aerospace Medicine, Drug
 traffic control facility not           Abatement Division (AAM-800),
 operated by the FAA or by or under     800 Independence Avenue, SW.,
 contract to the U.S. Military).        Washington, DC 20591,
                                       b. Implement an FAA antidrug
                                        program no later than the date
                                        you start operations, and
                                       c. Meet the requirements of this
                                        appendix.
------------------------------------------------------------------------

    C. If you are an individual or a company that intends to provide 
safety-sensitive services by contract to a part 119 certificate 
holder with authority to operate under parts 121 and/or 135 or an 
operator as defined in Sec.  91.147 of this chapter, use the chart 
below to determine what you must do if you opt to have your own 
Alcohol Misuse Prevention Program:

------------------------------------------------------------------------
                                        And you opt to conduct your own
             If you . . .                  Alcohol Misuse Prevention
                                            Program, you must . . .
------------------------------------------------------------------------
a. Are a part 145 certificate holder.  i. Have an Antidrug and Alcohol
                                        Misuse Prevention Program
                                        Operations Specification or
                                        register with the FAA, Office of
                                        Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,
                                       ii. Implement an FAA Alcohol
                                        Misuse Prevention Program no
                                        later than the date you start
                                        performing safety-sensitive
                                        functions for a part 119
                                        certificate holder with
                                        authority to operate under parts
                                        121 and/or 135, or operator as
                                        defined in Sec.   91.147 of this
                                        chapter, and
                                       iii. Meet the requirements of
                                        this appendix as if you were an
                                        employer.

[[Page 12085]]

 
b. Are a contractor..................  i. Register with the FAA, Office
                                        of Aerospace Medicine, Drug
                                        Abatement Division (AAM-800),
                                        800 Independence Avenue, SW.,
                                        Washington, DC 20591,
                                       ii. Implement an FAA Alcohol
                                        Misuse Prevention Program no
                                        later than the date you start
                                        performing safety-sensitive
                                        functions for a part 119
                                        certificate holder with
                                        authority to operate under parts
                                        121 and/or 135, or operator as
                                        defined in Sec.   91.147 of this
                                        chapter, and
                                       iii. Meet the requirements of
                                        this appendix as if you were an
                                        employer.
------------------------------------------------------------------------

    D. 1. * * *
    e. Whether you have 50 or more covered employees, or 49 or fewer 
covered employees. (Part 119 certificate holders with authority to 
operate only under part 121 are not required to provide this 
information.)
* * * * *
    E. 1. * * *
    f. A signed statement indicating that: Your company will comply 
with this appendix, appendix I of this part, and 49 CFR part 40; 
and, if you are a contractor, you intend to provide safety-sensitive 
functions by contract to a part 119 certificate holder with 
authority to operate under part 121 and/or 135, an operator as 
defined by Sec.  91.147 of this chapter, or an air traffic control 
facility not operated by the FAA or by or under contract to the U.S. 
Military.
    2. Send this information in the form and manner prescribed by 
the Administrator, in duplicate to the appropriate address below:
    a. For Sec.  91.147 operators: The Flight Standards District 
Office nearest to your principal place of business.
    b. For all others: The Federal Aviation Administration, Office 
of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 
Independence Avenue, SW., Washington, DC 20591.
    3. Update the registration information as changes occur. Send 
the updates in duplicate to the address specified in paragraph 2.
* * * * *

    Issued in Washington, DC, on March 7, 2007.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
 [FR Doc. E7-4583 Filed 3-14-07; 8:45 am]
BILLING CODE 4910-13-P