Drug and Alcohol Testing Program; Correction, 3153-3154 [2010-908]
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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 120 and 135
[Docket No. FAA–2008–0937; Amendment
No. 120–0A, 135–117A]
RIN 2120–AJ37
Drug and Alcohol Testing Program;
Correction
AGENCY: Federal Aviation
Administration, DOT.
ACTION: Final rule; correction.
pwalker on DSK8KYBLC1PROD with RULES
SUMMARY: The Federal Aviation
Administration (FAA) is correcting its
drug and alcohol testing regulations
published on May 14, 2009. The FAA
inadvertently excluded necessary
wording within the text of two separate
definitions; added wording to the
sections describing refusals to submit to
drug or alcohol tests; directed readers to
an incorrect subpart for a referenced
definition; omitted a cross reference to
a list of applicable regulations; and
added wording when describing an
operator. This rule corrects those
inadvertent errors and includes other
minor editorial corrections. These
corrections will not impose any
additional requirements on operators
affected by these regulations.
DATES: Effective January 20, 2010.
FOR FURTHER INFORMATION CONTACT:
Rafael Ramos, Office of Aerospace
Medicine, Drug Abatement Division,
AAM–800, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–8442; facsimile
(202) 267–5200; e-mail
drugabatement@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2009, we published a
final rule (74 FR 22649) that amended
the regulations governing FAA-required
drug and alcohol testing requirements.
The final rule was necessary to gather
all of the existing drug and alcohol
requirements into one part because the
regulations governing FAA-required
drug and alcohol testing requirements
were scattered throughout Chapter I of
Title 14, Code of Federal Regulations. In
that final rule in § 120.7 we omitted the
words ‘‘and alcohol’’ from the
definitions for ‘‘DOT agency’’ and
‘‘Employer.’’ In §§ 120.13 and 120.15, we
inadvertently included the word
‘‘authorization.’’ In §§ 120.17 and
120.33, we used the term ‘‘subpart’’
instead of ‘‘part’’ when directing readers
to the definition of prohibited drugs. In
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15:59 Jan 19, 2010
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§§ 120.103 and 120.211, we omitted the
reference to § 135.1 from the list of
applicable regulations. In § 120.117, we
included the word ‘‘sightseeing’’ when
describing an operator as defined in
§ 91.147 and omitted mailing
instructions for § 91.147 operators. In
§ 120.119, we made reference to
appendix H of 49 CFR part 40 as subpart
H. In § 120.225, we omitted mailing
instructions for § 91.147 operators. In
the instruction for a change to 14 CFR
part 135, we incorrectly listed a crossreference to § 120.39 as § 135.39. This
document corrects these errors.
List of Subjects
14 CFR Part 120
Air carriers, Airmen, Alcohol testing,
Aviation safety, Charter flights,
Commercial air tour operators, Drug
testing, Operators, Safety, Safetysensitive, Transportation.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol
abuse, Aviation safety, Drug abuse, Drug
testing.
■ Accordingly, Title 14 of the Code of
Federal Regulations (CFR) parts 120 and
135 are amended as follows:
PART 120—DRUG AND ALCOHOL
TESTING PROGRAM
1. The authority citation for part 120
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40101–40103,
40113, 40120, 41706, 41721, 44106, 44701,
44702, 44703, 44709, 44710, 44711, 45101–
45105, 46105, 46306.
2. Revise paragraphs (g) and (i) of
§ 120.7 to read as follows:
■
§ 120.7
Definitions.
*
*
*
*
*
(g) DOT agency means an agency (or
‘‘operating administration’’) of the
United States Department of
Transportation administering
regulations requiring drug and alcohol
testing (14 CFR parts 61, 65, 121, and
135; 46 CFR part 16; 49 CFR parts 199,
219, and 382) in accordance with 49
CFR part 40.
*
*
*
*
*
(i) Employer is a part 119 certificate
holder with authority to operate under
parts 121 and/or 135 of this chapter, an
operator as defined in § 91.147 of this
chapter, or an air traffic control facility
not operated by the FAA or by or under
contract to the U.S. Military. An
employer may use a contract employee
who is not included under that
employer’s FAA-mandated drug and
alcohol testing program to perform a
safety-sensitive function only if that
contract employee is included under the
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3153
contractor’s FAA-mandated drug and
alcohol testing program and is
performing a safety-sensitive function
on behalf of that contractor (i.e., within
the scope of employment with the
contractor.)
*
*
*
*
*
■ 3. Revise paragraphs (b)(1) and (2) of
§ 120.13 to read as follows:
§ 120.13 Refusal to submit to a drug or
alcohol test by a Part 63 certificate holder.
*
*
*
*
*
(b) * * *
(1) Denial of an application for any
certificate or rating issued under part 63
of this chapter for a period of up to 1
year after the date of such refusal; and
(2) Suspension or revocation of any
certificate or rating issued under part 63
of this chapter.
■ 4. Revise paragraphs (b)(1) and (2) of
§ 120.15 to read as follows:
§ 120.15 Refusal to submit to a drug or
alcohol test by a Part 65 certificate holder.
*
*
*
*
*
(b) * * *
(1) Denial of an application for any
certificate or rating issued under part 65
of this chapter for a period of up to 1
year after the date of such refusal; and
(2) Suspension or revocation of any
certificate or rating issued under part 65
of this chapter.
■ 5. Revise paragraph (b) of § 120.17 to
read as follows:
§ 120.17
Use of Prohibited drugs.
*
*
*
*
*
(b) No employer may knowingly use
any individual to perform, nor may any
individual perform for an employer,
either directly or by contract, any air
traffic control function while that
individual has a prohibited drug, as
defined in this part, in his or her
system.
*
*
*
*
*
■ 6. Revise paragraph (b) of § 120.33 to
read as follows:
§ 120.33
Use of prohibited drugs.
*
*
*
*
*
(b) No certificate holder or operator
may knowingly use any individual to
perform, nor may any individual
perform for a certificate holder or an
operator, either directly or by contract,
any function listed in subpart E of this
part while that individual has a
prohibited drug, as defined in this part,
in his or her system.
*
*
*
*
*
■ 7. Add paragraph (d)(2)(v) of
§ 120.103 to read as follows:
§ 120.103
General.
*
*
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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations
(d) * * *
(2) * * *
(v) § 135.1—Applicability
*
*
*
*
*
§ 120.117
program.
8. Revise paragraphs (a)(2) and (e)(2)
of § 120.117 to read as follows:
■
Implementing a drug testing
(a) * * *
If you are ...
You must ...
*
*
*
*
*
*
*
(2) An operator as defined in § 91.147 of this chapter ............................ Register with the FAA by contacting the Flight Standards District Office
nearest to your principal place of business.
*
*
*
*
*
*
*
*
(e) * * *
(2) Send this information in the form
and manner prescribed by the
Administrator, in duplicate to the
appropriate address below:
(i) For § 91.147 operators: The Flight
Standards District Office nearest to your
principal place of business.
(ii) For all others: The Federal
Aviation Administration, Office of
Aerospace Medicine, Drug Abatement
Division (AAM–800), 800 Independence
Avenue, SW., Washington, DC 20591.
*
*
*
*
*
■ 9. Revise paragraph (b) of § 120.119 to
read as follows:
§ 120.119
*
Administrator, in duplicate to the
appropriate address below:
(i) For § 91.147 operators: The Flight
Standards District Office nearest to your
principal place of business.
(ii) For all others: The Federal
Aviation Administration, Office of
Aerospace Medicine, Drug Abatement
Division (AAM–800), 800 Independence
Avenue, SW., Washington, DC 20591.
*
*
*
*
*
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
Annual reports.
*
*
*
*
*
(b) As an employer, you must use the
Management Information System (MIS)
form and instructions as required by 49
CFR part 40 (at 49 CFR 40.26 and
appendix H to 49 CFR part 40). You may
also use the electronic version of the
MIS form provided by DOT. The
Administrator may designate means
(e.g., electronic program transmitted via
the Internet) other than hard-copy, for
MIS form submission. For information
on where to submit MIS forms and for
the electronic version of the form, see:
https://www.faa.gov/about/office_org/
headquarters_offices/avs/offices/aam/
drug_alcohol.
*
*
*
*
*
■ 10. Add paragraph (b)(5) to § 120.211
to read as follows:
12. The authority citation for part 135
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 41706, 40113,
44701–44702, 44705, 44709, 44711–44713,
44715–44717, 44722, 45101–45105.
13. Revise paragraph (a)(5) of § 135.1
to read as follows:
■
§ 135.1
Applicability.
*
*
*
*
(b) * * *
(5) § 135.1—Applicability
■ 11. Revise paragraph (e)(2) of
§ 120.225 to read as follows:
(a) * * *
(5) Nonstop Commercial Air Tour
flights conducted for compensation or
hire in accordance with § 119.1(e)(2) of
this chapter that begin and end at the
same airport and are conducted within
a 25-statute-mile radius of that airport;
provided further that these operations
must comply only with the drug and
alcohol testing requirements in
§§ 120.31, 120.33, 120.35, 120.37, and
120.39 of this chapter; and with the
provisions of part 136, subpart A, and
§ 91.147 of this chapter by September
11, 2007.
*
*
*
*
*
§ 120.225 How to implement an alcohol
testing program.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
*
[FR Doc. 2010–908 Filed 1–19–10; 8:45 am]
§ 120.211
Applicable Federal regulations.
*
pwalker on DSK8KYBLC1PROD with RULES
*
*
*
*
*
(e) * * *
(2) Send this information in the form
and manner prescribed by the
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15:59 Jan 19, 2010
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*
*
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1500
Children’s Products Containing Lead;
Exemptions for Certain Electronic
Devices
AGENCY: Consumer Product Safety
Commission.
ACTION: Final rule.
SUMMARY: The Consumer Product Safety
Commission (CPSC or Commission) is
issuing a final rule concerning certain
electronic devices for which it is not
technologically feasible to meet the lead
limits as required under section 101 of
the Consumer Product Safety
Improvement Act of 2008 (CPSIA).1
DATES: Effective Date: This final rule is
effective on January 20, 2010.
FOR FURTHER INFORMATION CONTACT:
Kristina Hatlelid, Ph.D., M.P.H.,
Directorate for Health Sciences,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda,
Maryland 20814; e-mail
khatlelid@cpsc.gov; telephone (301)
504–7254.
SUPPLEMENTARY INFORMATION:
A. Background
The Consumer Product Safety
Improvement Act of 2008 (CPSIA),
Public Law 110–314, 122 Stat. 3016,
provides for specific lead limits in
children’s products. Section 101(a) of
the CPSIA provides that, by February
10, 2009, products designed or intended
primarily for children 12 and younger
may not contain more than 600 ppm of
lead. After August 14, 2009, products
designed or intended primarily for
children 12 and younger cannot contain
more than 300 ppm of lead. The limit
1 The Commission voted 5–0 to publish this final
rule, with changes, in the Federal Register.
Chairman Inez M. Tenenbaum, and Commissioners
Thomas H. Moore, Nancy Nord, Robert Adler, and
Anne Northup voted to publish the notice with
changes. Commissioner Northup issued a statement,
and the statement can be found at https://
www.cpsc.gov/PR/northup01062010devices.pdf.
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]]>Agencies
[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Rules and Regulations]
[Pages 3153-3154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-908]
[[Page 3153]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 120 and 135
[Docket No. FAA-2008-0937; Amendment No. 120-0A, 135-117A]
RIN 2120-AJ37
Drug and Alcohol Testing Program; Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) is correcting its
drug and alcohol testing regulations published on May 14, 2009. The FAA
inadvertently excluded necessary wording within the text of two
separate definitions; added wording to the sections describing refusals
to submit to drug or alcohol tests; directed readers to an incorrect
subpart for a referenced definition; omitted a cross reference to a
list of applicable regulations; and added wording when describing an
operator. This rule corrects those inadvertent errors and includes
other minor editorial corrections. These corrections will not impose
any additional requirements on operators affected by these regulations.
DATES: Effective January 20, 2010.
FOR FURTHER INFORMATION CONTACT: Rafael Ramos, Office of Aerospace
Medicine, Drug Abatement Division, AAM-800, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8442; facsimile (202) 267-5200; e-mail
drugabatement@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 2009, we published a final rule (74 FR 22649) that
amended the regulations governing FAA-required drug and alcohol testing
requirements. The final rule was necessary to gather all of the
existing drug and alcohol requirements into one part because the
regulations governing FAA-required drug and alcohol testing
requirements were scattered throughout Chapter I of Title 14, Code of
Federal Regulations. In that final rule in Sec. 120.7 we omitted the
words ``and alcohol'' from the definitions for ``DOT agency'' and
``Employer.'' In Sec. Sec. 120.13 and 120.15, we inadvertently
included the word ``authorization.'' In Sec. Sec. 120.17 and 120.33,
we used the term ``subpart'' instead of ``part'' when directing readers
to the definition of prohibited drugs. In Sec. Sec. 120.103 and
120.211, we omitted the reference to Sec. 135.1 from the list of
applicable regulations. In Sec. 120.117, we included the word
``sightseeing'' when describing an operator as defined in Sec. 91.147
and omitted mailing instructions for Sec. 91.147 operators. In Sec.
120.119, we made reference to appendix H of 49 CFR part 40 as subpart
H. In Sec. 120.225, we omitted mailing instructions for Sec. 91.147
operators. In the instruction for a change to 14 CFR part 135, we
incorrectly listed a cross-reference to Sec. 120.39 as Sec. 135.39.
This document corrects these errors.
List of Subjects
14 CFR Part 120
Air carriers, Airmen, Alcohol testing, Aviation safety, Charter
flights, Commercial air tour operators, Drug testing, Operators,
Safety, Safety-sensitive, Transportation.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing.
0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) parts
120 and 135 are amended as follows:
PART 120--DRUG AND ALCOHOL TESTING PROGRAM
0
1. The authority citation for part 120 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101-40103, 40113, 40120, 41706,
41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105,
46105, 46306.
0
2. Revise paragraphs (g) and (i) of Sec. 120.7 to read as follows:
Sec. 120.7 Definitions.
* * * * *
(g) DOT agency means an agency (or ``operating administration'') of
the United States Department of Transportation administering
regulations requiring drug and alcohol testing (14 CFR parts 61, 65,
121, and 135; 46 CFR part 16; 49 CFR parts 199, 219, and 382) in
accordance with 49 CFR part 40.
* * * * *
(i) Employer is a part 119 certificate holder with authority to
operate under parts 121 and/or 135 of this chapter, an operator as
defined in Sec. 91.147 of this chapter, or an air traffic control
facility not operated by the FAA or by or under contract to the U.S.
Military. An employer may use a contract employee who is not included
under that employer's FAA-mandated drug and alcohol testing program to
perform a safety-sensitive function only if that contract employee is
included under the contractor's FAA-mandated drug and alcohol testing
program and is performing a safety-sensitive function on behalf of that
contractor (i.e., within the scope of employment with the contractor.)
* * * * *
0
3. Revise paragraphs (b)(1) and (2) of Sec. 120.13 to read as follows:
Sec. 120.13 Refusal to submit to a drug or alcohol test by a Part 63
certificate holder.
* * * * *
(b) * * *
(1) Denial of an application for any certificate or rating issued
under part 63 of this chapter for a period of up to 1 year after the
date of such refusal; and
(2) Suspension or revocation of any certificate or rating issued
under part 63 of this chapter.
0
4. Revise paragraphs (b)(1) and (2) of Sec. 120.15 to read as follows:
Sec. 120.15 Refusal to submit to a drug or alcohol test by a Part 65
certificate holder.
* * * * *
(b) * * *
(1) Denial of an application for any certificate or rating issued
under part 65 of this chapter for a period of up to 1 year after the
date of such refusal; and
(2) Suspension or revocation of any certificate or rating issued
under part 65 of this chapter.
0
5. Revise paragraph (b) of Sec. 120.17 to read as follows:
Sec. 120.17 Use of Prohibited drugs.
* * * * *
(b) No employer may knowingly use any individual to perform, nor
may any individual perform for an employer, either directly or by
contract, any air traffic control function while that individual has a
prohibited drug, as defined in this part, in his or her system.
* * * * *
0
6. Revise paragraph (b) of Sec. 120.33 to read as follows:
Sec. 120.33 Use of prohibited drugs.
* * * * *
(b) No certificate holder or operator may knowingly use any
individual to perform, nor may any individual perform for a certificate
holder or an operator, either directly or by contract, any function
listed in subpart E of this part while that individual has a prohibited
drug, as defined in this part, in his or her system.
* * * * *
0
7. Add paragraph (d)(2)(v) of Sec. 120.103 to read as follows:
Sec. 120.103 General.
* * * * *
[[Page 3154]]
(d) * * *
(2) * * *
(v) Sec. 135.1--Applicability
* * * * *
0
8. Revise paragraphs (a)(2) and (e)(2) of Sec. 120.117 to read as
follows:
Sec. 120.117 Implementing a drug testing program.
(a) * * *
------------------------------------------------------------------------
If you are ... You must ...
------------------------------------------------------------------------
* * * * * * *
(2) An operator as defined in Sec. Register with the FAA by
91.147 of this chapter. contacting the Flight
Standards District Office
nearest to your principal
place of business.
* * * * * * *
------------------------------------------------------------------------
* * * * *
(e) * * *
(2) Send this information in the form and manner prescribed by the
Administrator, in duplicate to the appropriate address below:
(i) For Sec. 91.147 operators: The Flight Standards District
Office nearest to your principal place of business.
(ii) For all others: The Federal Aviation Administration, Office of
Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence
Avenue, SW., Washington, DC 20591.
* * * * *
0
9. Revise paragraph (b) of Sec. 120.119 to read as follows:
Sec. 120.119 Annual reports.
* * * * *
(b) As an employer, you must use the Management Information System
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR
40.26 and appendix H to 49 CFR part 40). You may also use the
electronic version of the MIS form provided by DOT. The Administrator
may designate means (e.g., electronic program transmitted via the
Internet) other than hard-copy, for MIS form submission. For
information on where to submit MIS forms and for the electronic version
of the form, see: https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol.
* * * * *
0
10. Add paragraph (b)(5) to Sec. 120.211 to read as follows:
Sec. 120.211 Applicable Federal regulations.
* * * * *
(b) * * *
(5) Sec. 135.1--Applicability
0
11. Revise paragraph (e)(2) of Sec. 120.225 to read as follows:
Sec. 120.225 How to implement an alcohol testing program.
* * * * *
(e) * * *
(2) Send this information in the form and manner prescribed by the
Administrator, in duplicate to the appropriate address below:
(i) For Sec. 91.147 operators: The Flight Standards District
Office nearest to your principal place of business.
(ii) For all others: The Federal Aviation Administration, Office of
Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence
Avenue, SW., Washington, DC 20591.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
12. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722, 45101-45105.
0
13. Revise paragraph (a)(5) of Sec. 135.1 to read as follows:
Sec. 135.1 Applicability.
(a) * * *
(5) Nonstop Commercial Air Tour flights conducted for compensation
or hire in accordance with Sec. 119.1(e)(2) of this chapter that begin
and end at the same airport and are conducted within a 25-statute-mile
radius of that airport; provided further that these operations must
comply only with the drug and alcohol testing requirements in
Sec. Sec. 120.31, 120.33, 120.35, 120.37, and 120.39 of this chapter;
and with the provisions of part 136, subpart A, and Sec. 91.147 of
this chapter by September 11, 2007.
* * * * *
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-908 Filed 1-19-10; 8:45 am]
BILLING CODE 4910-13-P
