34040 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 

1A pilot is not permitted to fly commercially after 

receiving a disqualifying DOT drug or alcohol test 

result or having refused a DOT drug or alcohol test 

unless the pilot completes a substance abuse 

professional (SAP) evaluation and undergoes 

referral for education/treatment and return-to-duty 

testing. Further, under 14 CFR 61.53(a), a pilot is 

prohibited from acting as a required flight crew 

member when he or she knows, or has reason to 

know, that he or she has a disqualifying medical 

condition, which includes substance abuse or 

dependence under 14 CFR part 67. 

2Under 14 CFR 67.401(a), the Federal Air 

Surgeon has discretion to grant a special issuance 

to a pilot who does not meet the requirement for 

unrestricted airman medical certification if the 

airman can show to the satisfaction of the Federal 

Air Surgeon that the duties authorized by the class 

of medical certificate applied for can be performed 

without endangering public safety during the 

period in which the authorization would be in 

force. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 67, 91, and 120 

Settlement Policy for Commercial 

Pilots in Drug and Alcohol Testing 

Cases 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notification of enforcement 

policy. 

SUMMARY: The FAA is adopting a 

procedure for prompt settlement 

agreements between the FAA and 

commercial pilots who have: Received a 

verified positive result for a Department 

of Transportation (DOT)-required drug 

test; received a DOT-required alcohol 

test result of .04 or above alcohol 

concentration; refused to submit to a 

DOT-required drug or alcohol test in 

violation of FAA regulations; or acted or 

attempted to act as a crewmember of an 

aircraft in commercial operations in 

violation of specified FAA regulations 

under this policy that proscribe the use, 

being under the influence or affects, or 

while have proscribed levels of alcohol 

or drugs. The settlement agreement 

procedures in this notification are 

generally available to pilots who, but for 

the disqualifying DOT drug or alcohol 

test result, refusal to submit to a DOT 

test, or violation of the specified 

alcohol- and drug-related FAA 

regulations prohibiting acting or 

attempting to act as a crewmember, 

would be qualified for a pilot certificate 

and who are first-time violators of these 

drug or alcohol provisions. 

DATES: The enforcement policy is 

effective October 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

James Barry, Manager, Policy/Audit/ 

Evaluation, Enforcement Division, 

AGC–300, Federal Aviation 

Administration. 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–8198; james.barry@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A commercial pilot who receives a 

disqualifying DOT drug or alcohol test 

result, refuses a DOT drug or alcohol 

test, or violates § 91.17(a)(1) through (4) 

is subject to the revocation of airman 

certificates issued under 14 CFR part 61 

and airman medical certificates issued 

under 14 CFR part 67. Under 14 CFR 

61.13(d)(2), unless otherwise authorized 

by the Administrator, a person whose 

pilot, flight instructor, or ground 

instructor certificate has been revoked 

may not apply for any certificate, rating, 

or authorization for one year after the 

date the FAA issued the revocation 

order. 

Many commercial pilots who receive 

a disqualifying DOT drug or alcohol test 

result, refuse a DOT drug or alcohol test, 

or violate § 91.17(a)(1) through (4) 

promptly enter into the Human 

Intervention Motivation Study 

(‘‘HIMS’’) program, which is a substance 

recovery program for such pilots.1 If a 

pilot undergoes evaluation, and 

successfully completes appropriate 

treatment and remains under 

comprehensive continuing care in 

accordance with the HIMS program, the 

pilot may become eligible for an 

authorization for special issuance of an 

airman medical certificate (‘‘special 

issuance’’) well before the completion of 

an FAA investigation into the matter, 

initiation of legal enforcement action 

based on the investigation, and passage 

of the time period specified in 14 CFR 

61.13(d)(2).2

Indeed, following the discovery of a 

disqualifying DOT drug or alcohol test 

result, DOT drug or alcohol test refusal, 

or violation of 14 CFR 91.17(a)(1) 

through (4), the FAA Office of 

Aerospace Medicine, Drug Abatement 

Division (‘‘AAM–800’’) investigates the 

apparent violation, which includes 

interviews and the collection of 

evidence, and develops an enforcement 

investigative report (‘‘EIR’’), which is 

subject to AAM–800 management 

review. If AAM–800 management deems 

the EIR sufficient, it transmits the EIR to 

the Office of the Chief Counsel’s 

Enforcement Division (‘‘AGC–300’’) for 

additional review to ensure, among 

other things, evidentiary sufficiency and 

compliance with law and policy. 

Consistent with FAA policy, AGC–300 

issues an order revoking pilot and 

airman medical certificates only after 

the thorough review necessary to ensure 

that legal enforcement action involving 

the revocation of certificates is 

appropriate. Although the FAA 

normally issues emergency orders of 

revocation for the types of drug or 

alcohol violations discussed in this 

notification, the FAA necessarily takes 

the appropriate amount of time to 

ensure that the issuance of the order is 

reasonable and supportable. 

Accordingly, the period of time between 

the FAA’s discovery of a drug or alcohol 

violation and the issuance of a 

certificate action can be lengthy. 

Further, the additional time period 

specified in 14 CFR 61.13(d)(2) adds up 

to a year after the issuance of an order 

of revocation. During the period from 

the discovery of the violation to the 

expiration of the time period specified 

in 14 CFR 61.13(d)(2), a pilot may have 

long successfully completed recovery 

steps necessary to be found qualified for 

a special issuance. 

Policy Statement 

Under the new prompt settlement 

procedure, the FAA will send 

notification to commercial pilots who 

receive a disqualifying DOT drug or 

alcohol test result, refuse a DOT drug or 

alcohol test, or violate § 91.17(a)(1) 

through (4) in commercial operations. 

The notification will inform the pilot 

that he or she may contact AAM–800 

within ten days of receipt of the notice 

to request consideration for a prompt 

settlement of the legal enforcement 

action. The FAA will send the 

notification soon after it discovers the 

violation. 

If the pilot requests to be considered 

for the new settlement procedure, the 

FAA will determine whether the pilot is 

eligible for the process. The procedure 

is not available where there is a 

question about a pilot’s qualification to 

hold a certificate other than that 

presented by the disqualifying DOT 

drug or alcohol test result, refusal to 

submit to a DOT test, or violation of 

§ 91.17(a)(1) through (4), or where the 

pilot is not a first-time violator of these 

drug or alcohol testing provisions. If the 

FAA deems application of the prompt 

settlement procedure is appropriate, 

AGC–300 enforcement counsel will 

provide the pilot, or his or her legal 

representative, a formal agreement that 

sets forth the conditions for prompt 

settlement. The terms of the settlement 

agreement will normally include the 

following provisions. 

(1) The settlement agreement must be 

executed by the parties within ten days 

after the FAA transmits the agreement to 

the pilot. 

(2) The FAA will issue an emergency 

order revoking all certificates the pilot 

holds that were issued under 14 CFR 


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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 34041 

parts 61 and 67 immediately upon 

receiving the fully executed settlement 

agreement. 

(3) The emergency order of revocation 

will: (i) Require the immediate 

surrender of all certificates the pilot 

holds that were issued under 14 CFR 

parts 61 and 67 to enforcement counsel; 

(ii) notify the pilot that the failure to 

immediately surrender these certificates 

could subject the pilot to further legal 

enforcement action, including a civil 

penalty; and (iii) inform the pilot that 

the FAA will not accept an application 

for a new certificate issued under 14 

CFR part 61 for a period of a year from 

the date of the issuance of the 

emergency order of revocation. 

(4) The pilot will waive all appeal 

rights from the emergency order of 

revocation. 

(5) The parties will agree to bear their 

own costs and attorney fees, if any, in 

connection with the matter. 

(6) The pilot will agree to not initiate 

any litigation before any court, tribunal, 

or administrative entity concerning any 

costs or attorney fees, including 

applications under the Equal Access to 

Justice Act, incurred as a result of the 

above-referenced matter. 

(7) The pilot will agree to waive any 

and all causes of action against the FAA 

and its current and/or former officials 

and employees relating to the abovereferenced matter. 

This procedure is expected to allow 

pilots who have established 

qualifications to hold a new 14 CFR part 

61 certificate, and have met the 

requirements under 14 CFR part 67 for 

a special issuance consistent with 

participation in the HIMS program, to 

more quickly assume commercial flight 

crewmember duties. Indeed, it should 

allow pilots to apply for a new pilot 

certificate closer in time to a 

determination that the pilot is eligible 

for a special issuance (following timely 

evaluation, treatment, and continuing 

comprehensive care in accordance with 

the HIMS program). Further, the added 

predictability of this process should 

allow pilots who have received a 

disqualifying DOT drug or alcohol test 

result, refused to submit to a DOT test, 

or violated § 91.17(a)(1) through (4) to 

focus effort and energy on the treatment 

and recovery process, and allow both 

the pilot and FAA to better allocate 

limited resources. 

Issued in Washington, DC, on July 12, 

2018. 

Naomi Tsuda, 

Assistant Chief Counsel for Enforcement. 

[FR Doc. 2018–15352 Filed 7–18–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0676] 

Drawbridge Operation Regulation; 

Willamette River at Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Hawthorne 

Bridge across the Willamette River, mile 

13.1, at Portland, OR. The deviation is 

necessary to accommodate a filming 

event for a movie. This deviation 

authorizes the bridge to remain in the 

closed-to-navigation position. 

DATES: This deviation is effective from 

6 p.m. on September 1, 2018, to 12:01 

a.m. on September 2, 2018. 

ADDRESSES: The docket for this 

deviation, USCG–2018–0676 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Multnomah County, the bridge owner, 

has requested a temporary deviation 

from the operating schedule for the 

Hawthorne Bridge across the Willamette 

River, mile 13.1, at Portland, OR. The 

requested deviation is to accommodate 

a filming event for a movie. To facilitate 

this event, the draw of the subject bridge 

will be allowed to remain in the closedto-navigation position, and need not 

open to marine traffic from 6 p.m. on 

September 1, 2018, to 12:01 a.m. on 

September 2, 2018. The Hawthorne 

Bridge provides a vertical clearance of 

49 feet in the closed-to-navigation 

position referenced to the vertical 

clearance above Columbia River Datum 

0.0. The normal operating schedule is in 

33 CFR 117.897(c)(3)(v). Waterway 

usage on this part of the Willamette 

River includes vessels ranging from 

commercial tug and barge to small 

pleasure craft. The Coast Guard 

requested objections to this deviation 

from local mariners via the Local Notice 

Mariners, and email. No objections were 

submitted to the Coast Guard. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at any time. The 

bridge will be able to open for 

emergencies, and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will inform the users of the 

waterway, through our Local and 

Broadcast Notices to Mariners, of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: July 13, 2018. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2018–15434 Filed 7–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0521] 

Safety Zone; Southern California 

Annual Firework Events for the San 

Diego Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the San Diego, CA 

POPS Fireworks Display on the waters 

of San Diego Bay, CA on specific 

evenings from June 28, 2018 to 

September 2, 2018. This safety zone is 

necessary to provide for the safety of the 

participants, spectators, official vessels 

of the events, and general users of the 

waterway. Our regulation for the 

Southern California Annual Firework 

Events for the San Diego Captain of the 

Port Zone identifies the regulated area 

for the events. During the enforcement 

period, no spectators shall anchor, 

block, loiter in, or impede the transit of 

official patrol vessels in the regulated 

area without the approval of the Captain 

of the Port, or designated representative. 

DATES: The regulations in 33 CFR 

165.1123 will be enforced from 9:00 


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