Drug and Alcohol Testing Requirements, 12082-12085 [E7-4583]

Download as PDF 12082 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations Issued in Washington, DC, on March 8, 2007. Ellen Crum, Acting Manager, Airspace and Rules. [FR Doc. E7–4683 Filed 3–14–07; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. AGENCY: 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; patrice.kelly@faa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: rmajette on PROD1PC67 with RULES 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 VerDate Aug<31>2005 14:08 Mar 14, 2007 Jkt 211001 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 § 135.1(c) operators to the newly created § 91.147 of 14 CFR. In this amendment, we are changing all references to the term ‘‘Operator’’ as defined in § 135.1(c) to reference the new definition of ‘‘Operator’’ in § 91.147. The ‘‘National Air Tour Safety Standards’’ final rule requires that a § 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 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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. I 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 1. The authority citation for part 121 continues to read as follows: I 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. 2. Amend appendix I to part 121 as follows: I A. Amend section II, to revise the definition of ‘‘Employer’’; and I B. Amend section IX by revising paragraphs A, B, C, D.1.e., E.1.f., and E.2. The revisions read as follows: I 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 § 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 FAAmandated 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: E:\FR\FM\15MRR1.SGM 15MRR1 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12083 If you are . . . You must . . . 1. A part 119 certificate holder with authority to operate under parts 121 and/or 135. 2. An operator as defined in § 91.147 of this chapter. 3. An air traffic control facility not operated by the FAA or by or under contract to the U.S. Military. 4. A part 145 certificate holder who has your own antidrug program. Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector. Register with the FAA by contacting the Flight Standards District Office nearest to your principal place of business. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591. 5. A contractor who has 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 § 91.147 of this chapter, or if you intend If you . . . Obtain an Antidrug and Alcohol 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. 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. 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 You must . 1. Apply for a part 119 certificate with authority to operate under parts 121 or 135. 2. Intend to begin operations as defined in § 91.147 of this chapter. 3. Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. Military). . need to register with the FAA. Your employees who perform safety-sensitive duties must be tested in accordance with this appendix. The chart follows: . a. Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, b. Implement an FAA antidrug program no later than the date you start operations, and c. Meet the requirements of this appendix. a. Register with the FAA by contacting the Flight Standards 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. a. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., 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 If you . . . and/or 135, an operation as defined in § 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 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 § 91.147 of this chapter, and iii. Meet the requirements of this appendix as if you were an employer. b. Are a contractor. rmajette on PROD1PC67 with RULES 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 § 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 safetysensitive employees, or 49 or fewer safetysensitive employees. (Part 119 certificate holders with authority to operate only under VerDate Aug<31>2005 14:08 Mar 14, 2007 Jkt 211001 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; PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 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 § 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. E:\FR\FM\15MRR1.SGM 15MRR1 12084 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 2. Send this information in the form and manner prescribed by the Administrator, in duplicate to the appropriate address below: a. For § 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. * * * * * I 3. Amend appendix J to part 121 as follows: I A. In section I., amend paragraph D. to revise the definition of ‘‘Employer’’; If you are . . . 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: § 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. Appendix J to Part 121—Alcohol Misuse Prevention Program 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: I * * * * * * * * * 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 You must . 1. A part 119 certificate holder with authority to operate under parts 121 and/or 135. 2. An operator as defined in § 91.147 ................ 3. An air traffic control facility not operated by the FAA or by or under contract to the U.S. Military. 4. A part 145 certificate holder who has your own alcohol misuse prevention program. 5. A contractor who has 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 § 91.147 of this . * * * * * . Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector. Register with the FAA by contacting the Flight Standards District Office nearest to your principal place of business. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591. Obtain an Antidrug and Alcohol Misuse 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. 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. 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 with authority to operate under parts 121 and/or 135. a. Have an Antidrug and Alcohol Misuse Prevention Program 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. a. Register with the FAA by contacting the Flight Standards 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. a. Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue, SW., Washington, DC 20591, b. Implement an FAA antidrug program no later than the date you start operations, and 2. Intend to begin operations as defined in § 91.147 of this chapter. 3. Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. Military). 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 If you . . . rmajette on PROD1PC67 with RULES to determine what you must do if you opt to have your own Alcohol Misuse Prevention Program: And you opt to conduct your own Alcohol Misuse Prevention Program, you must . a. Are a part 145 certificate holder .................... VerDate Aug<31>2005 holder with authority to operate under parts 121 and/or 135 or an operator as defined in § 91.147 of this chapter, use the chart below 14:08 Mar 14, 2007 Jkt 211001 . . 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 § 91.147 of this chapter, and iii. Meet the requirements of this appendix as if you were an employer. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\15MRR1.SGM 15MRR1 12085 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations If you . . . And you opt to conduct your own Alcohol Misuse Prevention Program, you must . b. Are a contractor ............................................. 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 § 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 § 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 DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 552 [BOP–1107–F] RIN 1120–AB06 Suicide Prevention Program Bureau of Prisons, Justice. Final rule. AGENCY: rmajette on PROD1PC67 with RULES ACTION: SUMMARY: In this document, the Bureau of Prisons (Bureau) revises its regulations on the suicide prevention program for clarity and to remove agency management procedures which do not need to be stated in regulations. VerDate Aug<31>2005 14:08 Mar 14, 2007 Jkt 211001 . . 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 § 91.147 of this chapter, and iii. Meet the requirements of this appendix as if you were an employer. We intend the revised regulations to provide for the health and safety of inmates. March 15, 2007. Rules Unit, Office of General Counsel, Bureau of Prisons, HOLC Room 977, 320 First Street, NW., Washington, DC 20534. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 207–2105. SUPPLEMENTARY INFORMATION: The Bureau is revising its regulations on the suicide prevention program (28 CFR part 552, subpart E). We published a proposed rule on November 13, 2000 (65 FR 67670). We received one comment. DATES: ADDRESSES: What change is the Bureau making? We are revising the regulations generally for clarity and to remove procedures relating to agency management. The revised regulations more clearly describe for the inmate how we identify and protect inmates at risk for suicide. Procedures relating to agency management are exempt from the rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 553). Removing these procedures from the regulations allows us to speak more directly to inmates. Revised § 552.40 more precisely states the purpose of our suicide prevention program and summarizes how we place inmates in and remove them from the program. Former §§ 552.41 through 552.43 are combined in a new § 552.41 which details the specific procedures we use to identify, refer, assess, and treat potentially suicidal inmates. We combined provisions for the conditions of a suicide watch in former §§ 552.44, 552.46, and 552.48 in the new § 552.42. The revised regulations are more objective based. For example, the revised regulations require that rooms designated for housing an inmate on suicide watch must allow staff to maintain adequate control of the inmate without compromising the ability to observe and protect the inmate. Previously, the regulations relied upon a more prescriptive approach of describing the location of the room PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 (‘‘* * * a non-administrative detention/ segregation cell ordinarily in the health services area’’). This prescriptive approach does not take into account recent developments in correctional facility design and construction, and has become unnecessarily restrictive. Former §§ 552.45 and 552.49 addressed agency management procedures, and former § 552.47 affirms that a previously imposed sanction remains in effect for an inmate when that inmate is removed from a suicide watch. Because our regulations on inmate discipline sufficiently support that statement, we removed these three sections. Response to Comment We received one comment on our proposed rulemaking. The commenter had three main areas of concern, which we address below: Section 552.40: The commenter stated that ‘‘there should be a brief explanation of what a suicide watch is’’ in the rules. We present just such a brief explanation of ‘‘suicide watch’’ in § 552.42. In this section, we explain in detail the housing arrangements and conditions under which the suicidal inmate is constantly observed. Therefore, it is not necessary to define the term suicide watch in § 552.40. Section 552.41: The commenter recommended the use of a ‘‘buddy system’’ to prevent suicide, suggesting that highly-regarded inmates might be chosen to ‘‘look after’’ or ‘‘befriend’’ the suicidal inmate. The commenter also suggested that we have a ‘‘small team working together’’ so that the suicidal inmate would ‘‘get to know and associate and even depend on that team.’’ Each new inmate who enters a Bureau facility receives written material and an orientation that explains what to expect and how to get help from staff. Additionally, all new inmates receive a confidential medical and mental health screening by a medical professional to identify those who need assistance or have the potential for becoming suicidal. These inmates are immediately referred to a mental health professional for individual assessment and appropriate treatment. Therefore, an E:\FR\FM\15MRR1.SGM 15MRR1

Agencies

[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Rules and Regulations]
[Pages 12082-12085]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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; 
patrice.kelly@faa.gov.

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
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