Drug and Alcohol Testing Requirements, 12082-12085 [E7-4583]
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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:
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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
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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
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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:
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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.
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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
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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;
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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.
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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 .
.
.
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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 ....................
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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.
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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:
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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
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(‘‘* * * 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
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]]>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]
-----------------------------------------------------------------------
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
