[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Proposed Rules]
[Pages 4584-4586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01272]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 120

[Docket No. FAA-2012-1058; Notice No. 24-05A]
RIN 2120-AK 09


Drug and Alcohol Testing of Certificated Repair Station Employees 
Located Outside of the United States; Extension of Comment Period

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period.

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SUMMARY: This action extends the comment period for the notice of 
proposed rulemaking (NPRM), Drug and Alcohol Testing of Certificated 
Repair Station Employees Located Outside of the United States. On 
December 7, 2023, the Federal Aviation Administration (FAA) published 
this proposed rule. The NPRM would require certificated repair stations 
located outside the territory of the United States whose employees 
perform safety-sensitive maintenance functions on certain air carrier 
aircraft to obtain and implement a drug and alcohol testing program in 
accordance with the requirements of the Drug and Alcohol Testing 
Program published by the FAA and the Procedures for Transportation 
Workplace Drug Testing Programs published by the Department of 
Transportation. The FAA is extending the comment period for this NPRM 
to allow commenters additional time to analyze the proposed rule and 
prepare a response.

DATES: The comment period for the NPRM published December 7, 2023, at 
88 FR 85137 and scheduled to close on February 5, 2024, is extended 
until April 5, 2024.

ADDRESSES: Send comments identified by docket number FAA-2012-1058 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey

[[Page 4585]]

Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nancy Rodriguez-Brown, Office of 
Aerospace Medicine, Drug Abatement Division, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-8442; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    On December 7, 2023, the FAA published the NPRM, Drug and Alcohol 
Testing of Certificated Repair Station Employees Located Outside of the 
United States.\1\ This proposed rule, which the FAA is required by 
statute to promulgate, would implement a statutory mandate to require 
certificated part 145 repair stations located outside the territory of 
the United States (U.S.) to ensure that employees who perform safety-
sensitive maintenance functions on part 121 air carrier aircraft are 
subject to a drug and alcohol testing program, consistent with the 
applicable laws of the country in which the repair station is located. 
This proposed rule would require a part 145 repair station located 
outside the territory of the U.S. to implement a drug and alcohol 
testing program meeting the requirements of 49 CFR part 40 and 14 CFR 
part 120, which must cover its employees who perform maintenance 
functions on part 121 air carrier aircraft. If a part 145 repair 
station cannot meet one or all requirements in 49 CFR part 40 (e.g., 
the laws of the country where the repair station is located are 
inconsistent with the regulations), the part 145 repair station may 
apply for an exemption using the process described in 49 CFR 40.7. 
Similarly, if a part 145 repair station cannot meet one or all 
requirements in 14 CFR part 120, it may apply for a waiver in 
accordance with proposed waiver authority. This rule would affect 
approximately 977 part 145 repair stations in about 65 foreign 
countries.\2\
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    \1\ 88 FR 85137.
    \2\ These estimates are current as of April 2021 and sourced 
from the National Vital Information Subsystem (NVIS). NVIS is a 
subsystem of the Flight Standards Automation System, a comprehensive 
information system used primarily by inspectors to record and 
disseminate data associated with inspector activity and aviation 
environment. While there are more current estimates (as of March 
2023, the rule would affect approximately 962 part 145 repair 
stations in about 66 foreign countries), the 2021 numbers are used 
in the regulatory evaluation and Regulatory Impact Assessment to 
estimate cost.
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    It is the responsibility of the employer (e.g., the part 121 
operator) to ensure that any person who performs safety-sensitive 
functions (e.g., maintenance or preventive maintenance), directly or by 
contract (including by subcontract at any tier), is subject to drug and 
alcohol testing. The FAA notes that part 145 repair stations located 
within the territory of the U.S. may elect to, but are not required to, 
implement a drug and alcohol testing program under 14 CFR part 120. 
When hiring by contract, if a part 145 domestic repair station does not 
have a testing program of its own, the part 121 operator must cover the 
repair station's safety-sensitive employees under its FAA drug and 
alcohol testing program.\3\ In this scenario, for purposes of drug and 
alcohol testing, the part 121 operator hires the repair station 
employees as covered employees \4\ and must apply all the regulatory 
requirements of the program to these employees (e.g., conduct a pre-
employment drug test, the records check, the training and educational 
information distribution requirements, and include the individuals in 
the random testing pool). Therefore, all employees performing a safety-
sensitive function within the U.S. are part of a drug and alcohol 
testing program, whether it is the part 121 operator's program or the 
repair station's program. As further discussed in this preamble, the 
FAA does not propose any changes to its current drug and alcohol 
testing requirements applicable to employees performing a safety-
sensitive function within the U.S. as part of this rulemaking. In 
addition, the FAA invites comments, with supporting data, on whether 
the drug and alcohol testing requirements in this proposed rule should 
be extended to safety sensitive maintenance employees of part 121 
certificate holders located outside the United States.
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    \3\ 14 CFR 120.1(b), 120.105(e), 120.215(a)(5).
    \4\ A covered employee is defined in Sec.  120.7(e) as an 
individual who performs, either directly or by contract, a safety-
sensitive function listed in Sec. Sec.  120.105 and 120.215 for an 
employer (as defined in Sec.  120.7(g)).
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II. Extension of Comment Period

    Commenters were instructed to provide comments to the NPRM on or 
before February 5, 2024, (i.e., sixty (60) days after publication of 
the NPRM). Subsequently, on January 16, 2024, the FAA received a 
request from 15 organizations to extend the comment period an 
additional ninety (90) days.\5\ Commenters cited the holiday season and 
the complexity, including international ramifications, as reasons for 
requesting the extension.
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    \5\ FAA-2012-1058-0099. Organizations included:
    Aeronautical Repair Station Association
    Civil Aviation Aerospace Industries Association
    Air Transport Association of Canada
    Aircraft Electronics Association
    Airlines for America
    Aviation Suppliers Association
    Aviation Technician Education Council
    Cargo Airline Association
    Helicopter Association International
    International Air Transport Association
    Modification and Replacement Parts Association
    National Air Carrier Association
    National Air Transportation Association
    National Business Aviation Association
    Regional Airline Association
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    The FAA grants the petitioners' request for an extension of the 
comment period. The FAA recognizes the importance of the proposed rule 
and that an extension would help commenters craft complete and 
thoughtful responses. However, the FAA believes that an additional 
sixty (60) days provides sufficient opportunity to review the NPRM and 
provide comments. With this extension, the comment period will now 
close on April 5, 2024. This will provide the public with a total of 
one hundred twenty (120) days to conduct its review and submit comments 
to the docket. The FAA will not grant any additional requests to 
further extend the comment period for this rulemaking.

III. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The Agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should submit only one time if comments 
are filed electronically or commenters should send only one copy

[[Page 4586]]

of written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA), 5 U.S.C. 552, 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Any commentary the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of this notice of proposed rulemaking, all comments 
received, any final rule, and all background material may be viewed 
online at www.regulations.gov using the docket number listed above. A 
copy of this rulemaking will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at www.federalregister.gov and the Government 
Publishing Office's website at www.govinfo.gov. A copy may also be 
found at the FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

IV. Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed the petitions for extension of the 
comment period for this notice. The petitioners have shown a 
substantive interest in the proposed policy and good cause for the 
extension of the comment period. The FAA has determined that an 
extension of the comment period for an additional sixty (60) days to 
April 5, 2024 is consistent with the public interest, and that good 
cause exists for taking this action.
    Accordingly, the comment period for Notice No. 24-05 is extended 
until April 5, 2024.

    Issued under authority provided by 49 U.S.C. 106(f), 45102, and 
44733 in Washington, DC.
Yvette A. Rose,
Deputy Executive Director, Office of Rulemaking.
[FR Doc. 2024-01272 Filed 1-23-24; 8:45 am]
BILLING CODE 4910-13-P