March 26, 2014

James R. Fraser Federal Air Surgeon

Federal Aviation Administration 800 Independence Ave., SW Washington, DC 20591

Dear Dr. Fraser,

Airlines for America (A4A) respectfully requests that the Federal Aviation Administration (FAA) grant an extension to the comment period for the Advanced Notice of Proposed Rulemaking (ANPRM) concerning Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outsi de of the United States published on March 17, 2014.

As the FAA is aware, implementing the legislation in the FAA Reauthorization Act to propose drug and alcohol testing for repair stati ons, certificated under 14 CFR P art 145, located outside the U.S., wh ose employees perform safety sensitive functions on aircraft operating under 14 CFR part 121 is a daunting task. We appreciate the FAA’s decision to begin this process with an Advance Notice, instead of moving directly to a Notice of Proposed Rulemaking.

We request a 120

- day extension to the ANPRM comment period for several reasons, they include:

1. The ANPRM includes over 40 detailed questions that will require a significant amount of research

on foreign laws, regulations, and guidance material, many of wh ich are not in the English language. This research will be time

- consuming and difficult.

2. The FAA states there are approximately 120 part 145 repair stations outside the U.S. whose employees perform safety sensitive duties on aircraft operating under part 121, but does not list the countries where those repair stations are located. We have already asked the FAA to provide

a list of those countries. It is critical that the FAA release this list of c ountries so industry can

focus its resources.

3. We note that FAA granted an extension to the comment period in 1993 when it proposed to include foreign air carriers under the predecessor to part 120 because the text would have to be

translated into other la nguages so it can be reviewed by foreign governments. 1 The same issue applies here, as do the reason s for an extension ; FAA is asking for foreign government input to help shape the eventual NPRM and time is needed to translate and explain the 40 plus ques tions.

4. There are several areas of the ANPRM that are not clear, and providing additional details will assist the public in responding to the ANPRM, these include:

a. Question B4a states: “What testing methods, if any, in addition to those currently permitte d under part 120, should be permitted in programs outside the United States?” While this question is asked under a heading of testing procedures such as a chain

- of

custody process, the question refers to a “testing method,” which usually refers to how a

s pecimen is collected, for example, urine sample, saliva sample, or hair sample.

 Is the FAA only asking about testing procedures like chain

- of

- custody in question B4a? Or is the FAA asking if it should propose testing methods besides

1 58 Fed. Reg. 8917, February 18, 1993

.collecting urine spe cimens as permitted by 49 CFR P art 40? If the FAA is asking about other testing methods such as saliva sampling or hair sampling we request the agency provide a basis for adopting these alternative methods, since the Department of Health and Human Service s has not yet approved these other methods for U.S. Government testing programs.

b. Question D1 asks: “Should the FAA include within the scope of a proposed rule all authorized persons performing safety

- sensitive maintenance functions on aircraft operated by part 121 air carriers in accordance with 14 CFR § 43.17?”

 Please confirm that the FAA asking whether it should include in this rulemaking those performing safety

- sensitive maintenance functions on aircraft operated under by part 121 outside the U.S. but that do not work for a part 145 repair

station

.

c. The FAA drug and alcohol testing program is extremely complex, we recommend that FAA hold a public meeting or webinar to allow foreign entities to ask questions that will facilitate responses to the advance notice . It will take time for foreign entities to understand part 120 programs, how it may impact them, and what costs may result.

As time is short, we ask the FAA to respond to this request within 21 days. We look forward to working with FAA to provide the information requested in the advanced notice.

Sincerely,

Douglas K. Mullen

Assistant General Counsel

Airlines for America