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 

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 § 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 

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. 

■ 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: 

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: 

■ A. Amend section II, to revise the 

definition of ‘‘Employer’’; and 

■ 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 

§ 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: 


rmajette on PROD1PC67 with RULES
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.

Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector. 

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. 

3. An air traffic control facility not operated by 

the FAA or by or under contract to the U.S. 

Military.

Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 

800 Independence Avenue, SW., Washington, DC 20591. 

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 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 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. 

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 

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 or 135.

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. 

2. Intend to begin operations as defined in 

§ 91.147 of this chapter.

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. 

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).

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 

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: 

If you . . . 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.

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 

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 § 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. 


rmajette on PROD1PC67 with RULES
12084 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. 

* * * * * 

■ 3. Amend appendix J to part 121 as 

follows: 

■ A. In section I., amend paragraph D. 

to revise the definition of ‘‘Employer’’; 

■ 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 

§ 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 authority to 

operate under parts 121 and/or 135.

Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector. 

2. An operator as defined in § 91.147 ................ Register with the FAA by contacting the Flight Standards District Office nearest to your principal place of business. 

3. An air traffic control facility not operated by 

the FAA or by or under contract to the U.S. 

Military.

Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 

800 Independence Avenue, SW., Washington, DC 20591. 

4. A part 145 certificate holder who has your 

own alcohol misuse prevention program.

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. 

5. A contractor who has 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. 

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 

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. 

2. Intend to begin operations as defined in 

§ 91.147 of this chapter.

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. 

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).

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 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 

§ 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: 

If you . . . And you opt to conduct your own 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 § 91.147 of this chapter, and 

iii. Meet the requirements of this appendix as if you were an employer. 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12085 

If you . . . And you opt to conduct your own Alcohol Misuse Prevention Program, you must . . . 

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 § 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 § 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 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Final rule. 

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. 

We intend the revised regulations to 

provide for the health and safety of 

inmates. 

DATES: March 15, 2007. 

ADDRESSES: 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. 

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 

(‘‘* * * 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 


rmajette on PROD1PC67 with RULES