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 Outside 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 stations, certificated under 14 CFR Part 145, located outside the U.S., whose 

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 which 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 countries 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 languages so it can be reviewed by foreign governments.1 The same issue 

applies here, as do the reasons 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 questions.

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 

permitted 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-ofcustody process, the question refers to a “testing method,” which usually refers to how a 

specimen 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 specimens as permitted by 49 CFR Part 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 Services 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