[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Pages 3153-3154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-908]



[[Page 3153]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 120 and 135

[Docket No. FAA-2008-0937; Amendment No. 120-0A, 135-117A]
RIN 2120-AJ37


Drug and Alcohol Testing Program; Correction

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; correction.

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SUMMARY: The Federal Aviation Administration (FAA) is correcting its 
drug and alcohol testing regulations published on May 14, 2009. The FAA 
inadvertently excluded necessary wording within the text of two 
separate definitions; added wording to the sections describing refusals 
to submit to drug or alcohol tests; directed readers to an incorrect 
subpart for a referenced definition; omitted a cross reference to a 
list of applicable regulations; and added wording when describing an 
operator. This rule corrects those inadvertent errors and includes 
other minor editorial corrections. These corrections will not impose 
any additional requirements on operators affected by these regulations.

DATES: Effective January 20, 2010.

FOR FURTHER INFORMATION CONTACT: Rafael Ramos, Office of Aerospace 
Medicine, Drug Abatement Division, AAM-800, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (202) 267-8442; facsimile (202) 267-5200; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On May 14, 2009, we published a final rule (74 FR 22649) that 
amended the regulations governing FAA-required drug and alcohol testing 
requirements. The final rule was necessary to gather all of the 
existing drug and alcohol requirements into one part because the 
regulations governing FAA-required drug and alcohol testing 
requirements were scattered throughout Chapter I of Title 14, Code of 
Federal Regulations. In that final rule in Sec.  120.7 we omitted the 
words ``and alcohol'' from the definitions for ``DOT agency'' and 
``Employer.'' In Sec. Sec.  120.13 and 120.15, we inadvertently 
included the word ``authorization.'' In Sec. Sec.  120.17 and 120.33, 
we used the term ``subpart'' instead of ``part'' when directing readers 
to the definition of prohibited drugs. In Sec. Sec.  120.103 and 
120.211, we omitted the reference to Sec.  135.1 from the list of 
applicable regulations. In Sec.  120.117, we included the word 
``sightseeing'' when describing an operator as defined in Sec.  91.147 
and omitted mailing instructions for Sec.  91.147 operators. In Sec.  
120.119, we made reference to appendix H of 49 CFR part 40 as subpart 
H. In Sec.  120.225, we omitted mailing instructions for Sec.  91.147 
operators. In the instruction for a change to 14 CFR part 135, we 
incorrectly listed a cross-reference to Sec.  120.39 as Sec.  135.39. 
This document corrects these errors.

List of Subjects

14 CFR Part 120

    Air carriers, Airmen, Alcohol testing, Aviation safety, Charter 
flights, Commercial air tour operators, Drug testing, Operators, 
Safety, Safety-sensitive, Transportation.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug 
abuse, Drug testing.

0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) parts 
120 and 135 are amended as follows:

PART 120--DRUG AND ALCOHOL TESTING PROGRAM

0
1. The authority citation for part 120 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40101-40103, 40113, 40120, 41706, 
41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 
46105, 46306.

0
2. Revise paragraphs (g) and (i) of Sec.  120.7 to read as follows:


Sec.  120.7  Definitions.

* * * * *
    (g) DOT agency means an agency (or ``operating administration'') of 
the United States Department of Transportation administering 
regulations requiring drug and alcohol testing (14 CFR parts 61, 65, 
121, and 135; 46 CFR part 16; 49 CFR parts 199, 219, and 382) in 
accordance with 49 CFR part 40.
* * * * *
    (i) Employer is a part 119 certificate holder with authority to 
operate under parts 121 and/or 135 of this chapter, 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 drug and alcohol testing program to 
perform a safety-sensitive function only if that contract employee is 
included under the contractor's FAA-mandated drug and alcohol testing 
program and is performing a safety-sensitive function on behalf of that 
contractor (i.e., within the scope of employment with the contractor.)
* * * * *

0
3. Revise paragraphs (b)(1) and (2) of Sec.  120.13 to read as follows:


Sec.  120.13  Refusal to submit to a drug or alcohol test by a Part 63 
certificate holder.

* * * * *
    (b) * * *
    (1) Denial of an application for any certificate or rating issued 
under part 63 of this chapter for a period of up to 1 year after the 
date of such refusal; and
    (2) Suspension or revocation of any certificate or rating issued 
under part 63 of this chapter.

0
4. Revise paragraphs (b)(1) and (2) of Sec.  120.15 to read as follows:


Sec.  120.15  Refusal to submit to a drug or alcohol test by a Part 65 
certificate holder.

* * * * *
    (b) * * *
    (1) Denial of an application for any certificate or rating issued 
under part 65 of this chapter for a period of up to 1 year after the 
date of such refusal; and
    (2) Suspension or revocation of any certificate or rating issued 
under part 65 of this chapter.

0
5. Revise paragraph (b) of Sec.  120.17 to read as follows:


Sec.  120.17  Use of Prohibited drugs.

* * * * *
    (b) No employer may knowingly use any individual to perform, nor 
may any individual perform for an employer, either directly or by 
contract, any air traffic control function while that individual has a 
prohibited drug, as defined in this part, in his or her system.
* * * * *

0
6. Revise paragraph (b) of Sec.  120.33 to read as follows:


Sec.  120.33  Use of prohibited drugs.

* * * * *
    (b) No certificate holder or operator may knowingly use any 
individual to perform, nor may any individual perform for a certificate 
holder or an operator, either directly or by contract, any function 
listed in subpart E of this part while that individual has a prohibited 
drug, as defined in this part, in his or her system.
* * * * *
0
7. Add paragraph (d)(2)(v) of Sec.  120.103 to read as follows:


Sec.  120.103  General.

* * * * *

[[Page 3154]]

    (d) * * *
    (2) * * *
    (v) Sec.  135.1--Applicability
* * * * *

0
8. Revise paragraphs (a)(2) and (e)(2) of Sec.  120.117 to read as 
follows:


Sec.  120.117  Implementing a drug testing program.

    (a) * * *

------------------------------------------------------------------------
             If you are ...                        You must ...
------------------------------------------------------------------------
 
                              * * * * * * *
(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.
 
                              * * * * * * *
------------------------------------------------------------------------

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

0
9. Revise paragraph (b) of Sec.  120.119 to read as follows:


Sec.  120.119  Annual reports.

* * * * *
    (b) As an employer, you must use the Management Information System 
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 
40.26 and appendix H to 49 CFR part 40). You may also use the 
electronic version of the MIS form provided by DOT. The Administrator 
may designate means (e.g., electronic program transmitted via the 
Internet) other than hard-copy, for MIS form submission. For 
information on where to submit MIS forms and for the electronic version 
of the form, see: http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol.
* * * * *

0
10. Add paragraph (b)(5) to Sec.  120.211 to read as follows:


Sec.  120.211  Applicable Federal regulations.

* * * * *
    (b) * * *
    (5) Sec.  135.1--Applicability

0
11. Revise paragraph (e)(2) of Sec.  120.225 to read as follows:


Sec.  120.225  How to implement an alcohol testing program.

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

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
12. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722, 45101-45105.

0
13. Revise paragraph (a)(5) of Sec.  135.1 to read as follows:


Sec.  135.1  Applicability.

    (a) * * *
    (5) Nonstop Commercial Air Tour flights conducted for compensation 
or hire in accordance with Sec.  119.1(e)(2) of this chapter that begin 
and end at the same airport and are conducted within a 25-statute-mile 
radius of that airport; provided further that these operations must 
comply only with the drug and alcohol testing requirements in 
Sec. Sec.  120.31, 120.33, 120.35, 120.37, and 120.39 of this chapter; 
and with the provisions of part 136, subpart A, and Sec.  91.147 of 
this chapter by September 11, 2007.
* * * * *

Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-908 Filed 1-19-10; 8:45 am]
BILLING CODE 4910-13-P