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DOT/FAA

RIN: 2120-AK09

Publication ID: Fall 2014

Title: Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United States
Abstract: This rulemaking is required by the FAA Modernization and Reauthorization Act of 2012. It would require controlled substance testing of some employees working in repair stations located outside the United States. The intended effect is to increase participation by companies outside of the United States in testing of employees who perform safety critical functions and testing standards similar to those used in the repair stations located in the United States. This action is necessary to increase the level of safety of the flying public.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 14 CFR 145
Legal Authority: 14 CFR 49 USC 106(g) 49 USC 40113 49 USC 44701 49 USC 44702 49 USC 44707 49 USC 44709 49 USC 44717

Legal Deadline:

Action	Source	Description	Date
NPRM	Statutory	NPRM	02/14/2013

Statement of Need:

As a project identified under congressional mandate, the intended effect of this rulemaking would be to promote drug and alcohol testing standardization within the global aviation community in an effort to reach an increased level of safety for the flying public around the world.

Summary of the Legal Basis:

The FAA Modernization and Reform Act of 2012 provides the legal basis for this rulemaking. In February 2012 the U.S. Congress passed the FAA Modernization and Reform Act of 2012. Section 308(d)(2) of the Act requires that the FAA promulgate a proposed rule that requires all part 145 repair station employees responsible for safety-sensitive maintenance functions on part 121 commercial air carriers aircraft to be subject to an alcohol and controlled substances testing program determined acceptable by the Administrator and consistent with the applicable laws of the country in which the repair station is located.

Alternatives:

Our alternatives would be to work with other aviation leaders (e.g. International Civil Aviation Organization--ICAO) and develop a collective initiative to foster a drug and alcohol-free worldwide environment. The FAA Modernization and Reform Act of 2012, does articulate the idea that the Secretaries of State and Transportation work with ICAO and establish international standards to test for drug and alcohol use of employees performing safety-sensitive maintenance functions on commercial air carrier aircraft.

Anticipated Costs and Benefits:

Risks:

International implications are the risks.

Timetable:

Action	Date	FR Cite
ANPRM	03/17/2014	79 FR 14621
Comment Period Extended	05/01/2014	79 FR 24631
ANPRM Comment Period End	05/16/2014
Comment Period End	07/17/2014
Analyzing Comments	02/00/2015

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Businesses, Governmental Jurisdictions	Federalism: No
Included in the Regulatory Plan: Yes
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: Yes
Agency Contact: Vicky Dunne Department of Transportation Federal Aviation Administration 800 Independence Avenue, SW, Washington, DC 20591 Phone:202 267-8522 Email: vicky.dunne@faa.gov