39194 Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Proposed Rules 

requirements of paragraph (h)(2)(i)(D) of this 

AD have been accomplished. If any fuel is 

found inside the conduit during any 

inspection required by this paragraph, prior 

to further flight, replace the conduit with a 

new or serviceable conduit in accordance 

with the Accomplishment Instructions of 

Boeing Service Bulletin 767–28A0053, 

Revision 1, dated August 5, 1999; Boeing 

Alert Service Bulletin 767–28A0053, 

Revision 2, dated June 24, 2010; or Boeing 

Service Bulletin 767–28A0053, Revision 3, 

dated November 11, 2011. Thereafter, repeat 

the inspection specified in paragraph (g) of 

this AD at intervals not to exceed 60,000 

flight hours or 30,000 flight cycles, 

whichever occurs first. As of the effective 

date of this AD, only Boeing Alert Service 

Bulletin 767–28A0053, Revision 3, dated 

November 11, 2011, may be used to do the 

actions required by this AD. 

(D) Within 6,000 flight hours or 18 months 

after the initial fuel inspection specified by 

paragraph (h)(2) of this AD, whichever occurs 

first, replace the conduit with a new or 

serviceable conduit, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–28A0053, Revision 1, 

dated August 5, 1999; Boeing Alert Service 

Bulletin 767–28A0053, Revision 2, dated 

June 24, 2010; or Boeing Service Bulletin 

767–28A0053, Revision 3, dated November 

11, 2011. Such conduit replacement 

constitutes terminating action for the 

repetitive fuel inspections required by 

paragraph (i)(2)(i)(C) of this AD. As of the 

effective date of this AD, only Boeing Alert 

Service Bulletin 767–28A0053, Revision 3, 

dated November 11, 2011, may be used to do 

the actions required by this AD. 

(ii) If any fuel is found in the conduit or 

on any wire: Prior to further flight, replace 

the conduit with a new or serviceable 

conduit, replace damaged wires with new or 

serviceable wires, and install new Teflon 

sleeves; in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 767–28A0053, Revision 1, 

dated August 5, 1999; Boeing Alert Service 

Bulletin 767–28A0053, Revision 2, dated 

June 24, 2010; or Boeing Service Bulletin 

767–28A0053, Revision 3, dated November 

11, 2011. Thereafter, repeat the inspection 

specified in paragraph (g) of this AD at 

intervals not to exceed 60,000 flight hours or 

30,000 flight cycles, whichever occurs first. 

As of the effective date of this AD, only 

Boeing Alert Service Bulletin 767–28A0053, 

Revision 3, dated November 11, 2011, may be 

used to do the actions required by this AD. 

(j) Retained Pump Retest 

This paragraph restates the requirements of 

paragraph (d) of AD 2000–11–06, 

Amendment 39–11754 (65 FR 34928, June 1, 

2000; corrected August 1, 2000 (65 FR 

46862)), with revised service information. 

For any wire bundle removed and reinstalled 

during any inspection required by this AD: 

Prior to further flight after such 

reinstallation, retest the fuel pump in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

28A0053, Revision 1, dated August 5, 1999; 

Boeing Alert Service Bulletin 767–28A0053, 

Revision 2, dated June 24, 2010; or Boeing 

Service Bulletin 767–28A0053, Revision 3, 

dated November 11, 2011. As of the effective 

date of this AD, only Boeing Alert Service 

Bulletin 767–28A0053, Revision 3, dated 

November 11, 2011, may be used to do the 

actions required by this AD. 

(k) New Repetitive Inspections With 

Reduced Inspection Intervals 

Do the inspection required by paragraph (g) 

of this AD at the time specified in paragraph 

(l)(1) or (l)(2) of this AD, as applicable, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0053, Revision 3, dated November 

11, 2011. Repeat the inspection thereafter at 

intervals not to exceed 15,000 flight hours. 

Accomplishing the first inspection in this 

paragraph ends the repetitive inspection 

requirements in paragraph (g) of this AD. 

(1) For airplanes on which the inspection 

required by paragraph (g) of this AD has been 

done as of the effective date of this AD: Do 

the inspection within 15,000 flight hours 

after the most recent inspection or within 

6,000 flight hours after the effective date of 

this AD, whichever occurs later; but not to 

exceed 60,000 flight hours after the most 

recent inspection required by paragraph (g) of 

this AD. 

(2) For airplanes on which the inspection 

required by paragraph (g) of this AD has not 

been done as of the effective date of this AD: 

Do the inspection before the accumulation of 

15,000 total flight hours or within 6,000 

flight hours after the effective date of this AD, 

whichever occurs later. 

(l) New Terminating Action 

Within 60 months after the effective date 

of this AD: Replace the fuel boost pump and 

override/jettison pump wire bundles inside 

the in-tank electrical conduit with new wire 

bundles, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 767–28A0104, Revision 1, 

dated March 2, 2012. Accomplishing the 

replacement specified in this paragraph ends 

the repetitive inspection requirements in 

paragraph (k) of this AD. 

(m) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (l) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Alert 

Service Bulletin 767–28A0104, dated January 

25, 2011. 

(n) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9–ANM– 

Seattle-ACO–AMOC–Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) AMOCs approved previously in 

accordance with AD 2000–11–06, 

Amendment 39–11754 (65 FR 34928, June 1, 

2000; corrected August 1, 2000 (65 FR 

46862)), are approved as AMOCs with the 

corresponding requirements of this AD. 

Compliance time extensions approved 

previously in accordance with AD 2000–11– 

06 are not approved as AMOCs for the 

compliance times required by paragraph (k) 

of this AD. 

(o) Related Information 

(1) For more information about this AD, 

contact Rebel Nichols, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6509; fax: 425–917– 

6590; email: rebel.nichols@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(3) You may review copies of the 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on June 22, 

2012. 

Jeffrey Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–16099 Filed 6–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 120 

[Docket No.: FAA–2012–0688; Notice No. 

12–04] 

RIN 2120–AK01 

Combined Drug and Alcohol Testing 

Programs 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This rulemaking would allow 

air carrier operators and commuter or 

on-demand operators that also conduct 

commercial air tour operations to 

combine the drug and alcohol testing 

required for each operation into one 

testing program. The current rule 

requires those operators to conduct 

separate testing programs for their air 


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tour operations. This results in an 

unnecessary duplication of effort. The 

intended effect of this rulemaking is to 

decrease operating costs by eliminating 

the requirement for duplicate programs 

while maintaining the level of safety 

intended by the current drug and 

alcohol testing regulations. This 

proposal would also clarify existing 

instructions within the rule, correct an 

inadvertent typographical error, clarify 

an existing requirement by rearranging 

its numerical order, and remove 

language that describes a practice that 

has been discontinued. 

DATES: Send comments on or before 

August 31, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0688 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Rafael Ramos, Office of 

Aerospace Medicine, Drug Abatement 

Division, AAM–800, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–8442; facsimile 

(202) 267–5200; email: 

drugabatement@faa.gov. 

For legal questions concerning this 

action, contact Neal O’Hara, Attorney, 

Regulations Division, AGC–240, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–5348. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the Agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A Chapter 451, Section 

45102—Alcohol and Controlled 

Substances Testing. Under that section, 

the FAA is charged with prescribing 

regulations for air carriers to establish 

and to conduct pre-employment, 

reasonable suspicion, random and postaccident drug and alcohol testing. Parts 

of this rule, for example those sections 

dealing with contract air traffic 

controllers, were promulgated under the 

FAA’s general rulemaking authority in 

40 U.S.C. 44701(a)(5). This regulation is 

within the scope of that authority. 

I. Overview of Proposed Rule 

Some part 121 air carrier operators 

and part 135 flight-for-hire and ondemand operators also conduct 

commercial air tours. Parts 121 and 135 

each contain requirements for drug and 

alcohol testing and, until 2007, 

commercial air tour operators were 

required to be tested for drugs and 

alcohol under those parts. 

In 2007, the National Air Tour Safety 

Standards rule (72 FR 6884, February 

13, 2007) established a separate subpart 

in part 91 to govern commercial air tour 

operators. That rule contained 

requirements for drug and alcohol 

testing for commercial air tour 

operations that were separate from, and 

in addition to the testing required by 

parts 121 and 135. This proposal is 

intended to give part 121 and 135 

operators with commercial air tour 

operations the option of administering 

one drug and alcohol testing program 

for both operations. The intent of this 

action is to lessen the administrative 

burden on such operators. In addition, 

this rulemaking would make it clear that 

operators must obtain a Letter of 

Authorization from the local Flight 

Standards District Office in order to 

conduct air tour operations. It would 

correct the omission of a reference 

indicating that on-duty use of alcohol is 

grounds for permanent disqualification 

from service. That reference was 

inadvertently left out of the May 2009 

Drug and Alcohol Testing Program final 

rule. This rulemaking would reorganize 

existing rule text to alleviate any 

confusion about the requirement that 

supervisory training, as well as 

employee training, must be documented 

as part of each employer’s employee 

assistance program (EAP). Finally, this 

rulemaking would make it clear that the 

agency’s practice of approving the 

employer’s drug and alcohol testing 

plan has been discontinued 

II. Background 

On May 14, 2009, the FAA published 

a final rule titled ‘‘Drug and Alcohol 

Testing Program’’ (74 FR 22653) that 

moved the drug and alcohol testing 

regulations into a new part 120. 

Part 120 of Title 14 prescribes, in 

pertinent part, a drug and alcohol 

testing program designed to prevent 

accidents and injuries that result from 

the use of prohibited drugs and the 

misuse of alcohol. Specifically, the rule 

requires implementation of a drug and 

alcohol testing program by three groups 

of operators: 

D Part 119 certificate holders 

authorized to conduct part 121 

operations. 

D Part 119 certificate holders 

authorized to conduct 135 operations. 

D Air Tour operators defined in 

§ 91.147. 

These requirements are meant to 

ensure that any person who performs 

safety-sensitive functions, directly or by 

contract (including subcontractor at any 

tier), is subject to drug and alcohol 

testing. 

Under the current rules, operators 

who are conducting part 121 or part 135 

operations and also conducting 

commercial air tour operations must 

implement separate drug and alcohol 

testing programs as if each operation is 

conducted by different companies. 

These operators are petitioning the FAA 

for exemption from the requirement to 

maintain two drug and alcohol testing 

programs. They are asking to have a 

single FAA-regulated drug and alcohol 

testing program because having two 

such programs often requires testing the 

same employees twice. This duplication 

of testing unnecessarily adds 

administrative and financial burdens for 

the operator. The operators also suggest 

that the additional burden of 


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maintaining two separate testing 

programs yields no corresponding 

increase in safety for the public. 

Between 2008 and 2010 the FAA has 

granted approximately 50 exemptions 

allowing operators to implement a 

single testing program. Given the large 

number of exemptions that the Agency 

has granted, the FAA believes it is 

appropriate to simply amend the 

existing rule. This approach relieves 

operators from seeking an operatorspecific exemption. In granting these 

exemptions, the FAA has recognized 

that in most cases, the same employees 

and equipment are used interchangeably 

between the part 121 or 135 operation 

and commercial air tour operation. 

Therefore, the FAA has found that when 

a part 119 certificate holder operates 

both a part 121 or a part 135 operation 

and a § 91.147 air tour operation, 

combining the two testing programs 

maintains a level of safety equivalent to 

that provided by the current regulations. 

Under one testing program employees 

are still subject to drug and alcohol 

testing in accordance with part 120. 

III. Discussion of the Proposal 

This proposal would give part 121 

and 135 operators the option to combine 

the drug and alcohol testing programs 

for a part 121 or part 135 operation with 

the program for a part 91 commercial air 

tour operation. It is expected that this 

proposal would relieve the existing 

regulatory burden of requiring a part 

121 or 135 operator to maintain a 

separate testing program for its part 91 

commercial air tour operation. We 

believe that this will have a positive 

economic impact. 

This proposal would amend 

§§ 120.117 and 120.225 to give a part 

121 or part 135 operator the option of 

including its commercial air tour 

operation employees under § 91.147 in 

a combined drug and alcohol testing 

program. 

The removal of duplicate testing 

requirements would eliminate an 

unnecessary financial burden for the 

operators while still ensuring the level 

of safety required by the current rules. 

This proposal would also benefit such 

operators by eliminating the need to 

request an exemption from the FAA to 

combine drug and alcohol testing 

programs. 

The part 121 or 135 operator is 

ultimately responsible for compliance 

with all requirements of part 120 for 

both the air carrier and air tour 

operations. For example, under a 

combined program, if the § 91.147 air 

tour operator hires a new pilot to 

conduct only air tour operations, and 

the operator fails to conduct the preemployment drug test, the part 121 or 

part 135 operator will be responsible for 

the error. Any civil penalties for 

regulatory violations will be assessed at 

the part 121 or part 135 operator level, 

not at the level for a part 91 air tour 

operator. The part 121 or 135 air 

operator would be responsible for and 

would accept all compliance 

responsibility, regardless of the type of 

operation, when choosing to combine 

testing programs. This is consistent with 

the exemptions issued to part 119 

certificate holders allowing them to 

combine their part 121 or part 135 

operation drug and alcohol testing 

program with their § 91.147 air tour 

drug and alcohol testing program. 

Current § 91.147 specifies that 

operators intending to begin commercial 

air tour operations must obtain a Letter 

of Authorization. The current § 120.117, 

which contains the drug and alcohol 

testing requirements that apply to air 

tour operations, refers to a need for 

operators intending to begin commercial 

air tours to ‘‘register with the FAA’’. 

This proposal would change that 

reference in § 120.117 to ‘‘Obtain a 

Letter of Authorization’’ in order to 

align it with the wording of § 91.147 and 

clarify the requirements—to make it 

clear that operators must obtain a Letter 

of Authorization from their local Flight 

Standards District Office if they intend 

to begin commercial air tour operations. 

This correction would provide clarity to 

such operators in the process of 

implementing their drug and alcohol 

testing program. 

Finally, other errors in the Agency’s 

2009 Drug and Alcohol Testing Program 

final rule have been brought to our 

attention. In § 120.221(b), ‘‘(c)’’ was 

inadvertently omitted in the reference to 

§§ 120.19 and 120.37. The omitted 

reference would indicate that one 

occurrence of on-duty alcohol use as 

described in §§ 120.19(c) and 120.37(c) 

carries the consequence of permanent 

disqualification from service. We are 

proposing to correct this error. 

Additionally, when we combined part 

121 appendices I and J to form part 120, 

we renumbered the requirements. This 

reorganization has created some 

confusion. The requirement remains 

such that employers must include 

documentation of the training given to 

both supervisors and employees in their 

employee assistance programs. 

However, the requirements are currently 

numbered in such a way that it appears 

that employers need only retain 

employee training records. We propose 

to reorder the wording to make the 

requirement clear that supervisory 

training must be documented as well. 

Finally, in 2004, we discontinued the 

practice of approving drug and alcohol 

testing plans. That language was never 

removed from the Code of Federal 

Regulations. However, we are proposing 

to remove it now. 

IV. Regulatory Notices and Analyses 

Introduction 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this proposed rule. 

Regulatory Evaluation 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this proposed rule. The reasoning for 

this determination follows: 

(1) The proposed rule is voluntary. It 

does not impose new regulatory 

requirements. For entities that choose to 

follow this proposed rule, it is likely 

that regulatory requirements and costs 

would be reduced. 

(2) The proposed rule is not an 

economically ‘‘significant regulatory 


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action’’ as defined in section 3(f) of 

Executive Order 12866; 

(3) The proposed rule would not have 

a significant economic impact on a 

substantial number of small entities; 

(4) The proposed rule would not have 

a significant effect on international 

trade; and 

(5) The proposed rule would not 

impose an unfunded mandate on state, 

local, or tribal governments, or on the 

private sector by exceeding the 

monetary threshold identified. 

This rulemaking would allow part 119 

certificate holders with operations 

under part 121 or 135 who also conduct 

commercial air tour operations under 

§ 91.147 to combine drug and alcohol 

testing programs. The current rule 

requires the part 121 operator or part 

135 operators to conduct a separate 

testing program for its air tour 

operations resulting in an unnecessary 

duplication of effort. The intended 

effect of this rulemaking is to decrease 

operating costs by eliminating the 

requirement of duplicate programs 

while maintaining the level of safety 

required by the current drug and alcohol 

testing regulations. In addition, this 

rulemaking would allow the agency to 

clarify that air tour operators must 

obtain a Letter of Authorization from the 

local Flight Standards District Office. 

This rulemaking would allow the 

agency to address the omission of a 

reference indicating that on-duty use of 

alcohol is grounds for permanent 

disqualification from service. The 

reference was inadvertently omitted 

from the May 2009 Drug and Alcohol 

Testing Program final rule. This 

rulemaking would also allow the agency 

to clarify the requirement that 

documentation of both employee 

training as well as supervisory training 

must be a component of each 

employer’s employee assistance 

program (EAP). Finally, this rulemaking 

would make it clear that the practice of 

agency approval of the employer’s drug 

and alcohol testing plan has been 

discontinued. 

Although the FAA cannot quantify 

the benefits of the proposed rule, the 

FAA believes that the cost savings 

associated with reducing the costs of 

compliance could be significant. The 

FAA therefore believes that the 

proposed rule would be cost beneficial. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

businesses, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The RFA covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the Act. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the 1980 RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

Size Standards 

Size standards for small entities are 

published by the Small Business 

Administration (SBA) on their Web site 

at http://www.sba.gov/size. The size 

standards used herein are from ‘‘SBA 

U.S. Small Business Administration, 

Table of Small Business Size Standards, 

Matched to North American Industry 

Classification System Codes’’. The Table 

is effective November 5, 2010, and uses 

the 2007 NAICS codes. Scheduled 

Passenger Air Transportation is listed in 

Sector 48–49—Transportation and 

Warehousing; Subsector 481—Air 

Transportation; NAICS Code 48111. 

Non-Scheduled Chartered Passenger Air 

Transportation is listed under the same 

Sector and Subsector with NAICS code 

481211. In both cases the small entity 

size standard is 1,500 employees. 

It is estimated that most of the air 

carriers involved in this type of activity 

are small entities. Therefore the 

proposed rule would affect a substantial 

number of small entities. 

However, the proposed rule imposes 

no costs and may result in a cost 

reduction for an entity that should 

choose to use the proposed rule. 

Therefore, the FAA certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this proposed rule 

and determined that it would have only 

a domestic impact, and therefore no 

effect on international trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation) in any 

one year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector; such a mandate is 

deemed to be a ‘‘significant regulatory 

action’’. The FAA currently uses an 

inflation-adjusted value of $143.1 

million in lieu of $100 million. This 

proposed rule does not contain such a 

mandate; therefore, the requirements of 

Title II do not apply. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

The FAA has determined that there 

would be no new information collection 

associated with the proposed 

requirement that would allow operators 

to combine drug and alcohol testing 

programs. Combining programs would 

reduce the paperwork burden for drug 

and alcohol testing. 


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International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these proposed regulations. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312(d) and involves no 

extraordinary circumstances. 

Regulations Affecting Intrastate 

Aviation in Alaska 

Section 1205 of the FAA 

Reauthorization Act of 1996 (110 Stat. 

3213) requires the Administrator, when 

modifying regulations in title 14 of the 

CFR in a manner affecting intrastate 

aviation in Alaska, to consider the 

extent to which Alaska is not served by 

transportation modes other than 

aviation, and to establish appropriate 

regulatory distinctions. Because this 

proposed rule would only affect 

operators’ drug and alcohol testing 

programs and not their operations, it 

would not affect intrastate aviation in 

Alaska. 

V. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency has determined that this action 

would not have a substantial direct 

effect on the States, or the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, and, 

therefore, would not have Federalism 

implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it would not 

be a ‘‘significant energy action’’ under 

the executive order and would not be 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

VI. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the proposals in this document. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, commenters 

should send only one copy of written 

comments, or if comments are filed 

electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Proprietary or Confidential Business 

Information 

Commenters should not file 

proprietary or confidential business 

information in the docket. Such 

information must be sent or delivered 

directly to the person identified in the 

FOR FURTHER INFORMATION CONTACT

section of this document, and marked as 

proprietary or confidential. If submitting 

information on a disk or CD–ROM, mark 

the outside of the disk or CD–ROM, and 

identify electronically within the disk or 

CD–ROM the specific information that 

is proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies web page at http://www.faa.

gov/regulations_policies; or 

3. Accessing the Government Printing 

Office’s web page at http://www.gpo.

gov/fdsys. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW., Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

List of Subjects in 14 CFR Part 120 

Alcoholism, Air carriers, Air traffic 

control, Airmen, Alcohol abuse, Alcohol 

testing, Aviation safety, Charter flights, 

Commercial air tour operators, Contract 

air traffic controllers, Drug abuse, Drug 

testing, Operators, reporting and 

recordkeeping requirements, Safety, 

Safety-sensitive, Transportation. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend chapter I of title 14, 

Code of Federal Regulations as follows: 

PART 120—DRUG AND ALCOHOL 

TESTING PROGRAM 

1. The authority citation for part 120 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40101–40103, 

40113, 40120, 41706, 41721, 44106, 44701, 

44702, 44703, 44709, 44710, 44711, 45101– 

45105, 46105, 46306. 

2. Amend § 120.115 as follows: 

a. Revise paragraph (c)(1)(iii) and 

redesignate it as (c)(5); 

b. Revise paragraph (c)(5) and 

redesignate it as (c)(6); 

§ 120.115 Employee Assistance Program 

(EAP). 

* * * * * 

(c) * * * 

(5) Documentation of all training 

given to employees and supervisory 


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personnel must be included in the 

training program. 

(6) The employer shall identify the 

employee and supervisor EAP training 

in the employer’s drug testing plan. 

3. Amend § 120.117 as follows: 

a. Revise paragraphs (a) and (b); 

b. Revise paragraph (e) and 

redesignate it as (f); 

c. Add new paragraph (e). 

§ 120.117 Implementing a drug testing 

program. 

(a) Each company must meet the 

requirements of this subpart. Use the 

following chart to determine whether 

your company must obtain an Antidrug 

and Alcohol Misuse Prevention Program 

Operations Specification, Letter of 

Authorization or Drug and Alcohol 

Testing Program Registration from the 

FAA: 

If you are . . . You must . . . 

(1) A part 119 certificate holder with 

authority to operate under part 

121 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.

Obtain a Letter of Authorization by contacting the Flight Standards District Office nearest to your principal 

place of business. 

(3) A part 119 certificate holder with 

authority to operate under part 

121 or 135 and an operator as 

defined in § 91.147 of this chapter.

Complete the requirements in sections 1 and 2 of this chart and advise the Flight Standards District Office 

and the Drug Abatement Division that the § 91.147 operation will be included under the part 119 testing 

program. 

(4) 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. 

(5) A part 145 certificate holder 

who has your own drug testing 

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 drug testing program. 

(6) A contractor who has your own 

drug testing 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 drug testing program. 

(b) Use the following chart for 

implementing a drug testing program if 

you are applying for a part 119 

certificate with authority to operate 

under parts 121 or 135 of this chapter, 

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, Letter of 

Authorization or Drug and Alcohol 

Testing Program Registration from the 

FAA. Your employees who perform 

safety-sensitive functions must be tested 

in accordance with this subpart. The 

chart follows: 

If you . . . You must . . . 

(1) Apply for a part 119 certificate 

with authority to operate under 

parts 121 or 135.

(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, 

(ii) Implement an FAA drug testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

(2) Intend to begin operations as 

defined in § 91.147 of this chapter.

(i) Have a Letter of Authorization, 

(ii) Implement an FAA drug testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

(3) Apply for a part 119 certificate 

with authority to operate under 

parts 121 or 135 and intend to 

begin operations as defined in 

§ 91.147 of this chapter.

(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization, 

(ii) Implement your combined FAA drug testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

(4) 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).

(i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue SW., Washington, DC 20591 prior to starting operations, 

(ii) Implement an FAA drug testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

* * * * * 

(e) Obtaining a Letter of Authorization 

from the FAA. (1) To obtain a Letter of 

Authorization from the FAA, you must 

submit, in duplicate, the following 

information to the Flight Standards 

District Office nearest your principal 

place of business: 

(i) Company name. 

(ii) Telephone number. 

(iii) Address where your drug and 

alcohol testing program records are 

kept. 

(iv) Type of safety-sensitive functions 

you perform for an employer (such as 

flight instruction duties, aircraft 

dispatcher duties, maintenance or 

preventive maintenance duties, ground 

security coordinator duties, aviation 

screening duties, air traffic control 

duties). 

(v) Whether you have 50 or more 

covered employees, or 49 or fewer 

covered employees. 

(vi) A signed statement indicating that 

your company will comply with this 

part and 49 CFR part 40. 

(2) This Letter of Authorization will 

satisfy the requirements for both your 

drug testing program under this subpart 

and your alcohol testing program under 

subpart F of this part. 


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(3) Update the Letter of Authorization 

information as changes occur. Send the 

updates, in duplicate, to the Flight 

Standards District Office nearest your 

principal place of business. 

(4) If you are a part 119 certificate 

holder with authority to operate under 

part 121 or 135 and intend to begin 

operations as defined in § 91.147 of this 

chapter, you must also advise the FAA’s 

Drug Abatement Division at the Federal 

Aviation Administration, Office of 

Aerospace Medicine, Drug Abatement 

Division (AAM–800), 800 Independence 

Avenue SW., Washington, DC 20591. 

(f) Obtaining a Drug and Alcohol 

Testing Program Registration from the 

FAA. (1) To obtain a Drug and Alcohol 

Testing Program Registration from the 

FAA, you must submit, in duplicate, the 

following information to the Office of 

Aerospace Medicine, Drug Abatement 

Division: 

(i) Company name. 

(ii) Telephone number. 

(iii) Address where your drug and 

alcohol testing program records are 

kept. 

(iv) Type of safety-sensitive functions 

you perform for an employer (such as 

flight instruction duties, aircraft 

dispatcher duties, maintenance or 

preventive maintenance duties, ground 

security coordinator duties, aviation 

screening duties, air traffic control 

duties). 

(v) Whether you have 50 or more 

covered employees, or 49 or fewer 

covered employees. 

(vi) A signed statement indicating 

that: Your company will comply with 

this part and 49 CFR part 40; and you 

intend to provide safety-sensitive 

functions by contract (including 

subcontract at any tier) to a part 119 

certificate holder with authority to 

operate under part 121 or part 135 of 

this chapter, 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. 

(2) Send this information, in 

duplicate, to the Federal Aviation 

Administration, Office of Aerospace 

Medicine, Drug Abatement Division 

(AAM–800), 800 Independence Avenue 

SW., Washington, DC 20591. 

(3) This Drug and Alcohol Testing 

Program Registration will satisfy the 

registration requirements for both your 

drug testing program under this subpart 

and your alcohol testing program under 

subpart F of this part. 

(4) Update the registration 

information as changes occur. Send the 

updates, in duplicate, to the address 

specified in paragraph (f)(2) of this 

section. 

4. Amend § 120.221 by revising 

paragraph (b) to read as follows: 

§ 120.221 Consequences for employees 

engaging in alcohol-related conduct. 

* * * * * 

(b) Permanent disqualification from 

service. An employee who violates 

§§ 120.19(c) or 120.37(c), or who 

engages in alcohol use that violates 

another alcohol misuse provision of 

§§ 120.19 or 120.37, and who had 

previously engaged in alcohol use that 

violated the provisions of §§ 120.19 or 

120.37 after becoming subject to such 

prohibitions, is permanently precluded 

from performing for an employer the 

safety-sensitive duties the employee 

performed before such violation. 

* * * * * 

5. Amend § 120.225 as follows: 

a. Revise paragraphs (a) and (b); 

b. Revise paragraph (e) and 

redesignate it as (f); 

c. Add new paragraph (e). 

§ 120.225 How to implement an alcohol 

testing program. 

(a) Each company must meet the 

requirements of this subpart. Use the 

following chart to determine whether 

your company must obtain an Antidrug 

and Alcohol Misuse Prevention Program 

Operations Specification, Letter of 

Authorization or Drug and Alcohol 

Testing Program Registration from the 

FAA: 

If you are . . . You must . . . 

(1) A part 119 certificate holder with 

authority to operate under part 

121 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.

Obtain a Letter of Authorization by contacting the Flight Standards District Office nearest to your principal 

place of business. 

(3) A part 119 certificate holder with 

authority to operate under part 

121 or 135 and an operator as 

defined in § 91.147 of this chapter.

Complete the requirements in sections 1 and 2 of this chart and advise the Flight Standards District Office 

and Drug Abatement Division that the § 91.147 operation will be included under the part 119 testing program. 

(4) 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. 

(5) A part 145 certificate holder 

who has your own alcohol testing 

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 alcohol testing program. 

(6) A contractor who has your own 

alcohol testing 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 testing program. 

(b) Use the following chart for 

implementing an alcohol testing 

program if you are applying for a part 

119 certificate with authority to operate 

under part 121 or 135 of this chapter, if 

you intend to begin operations as 

defined in § 91.147 of this chapter, or if 

you intend to begin operations as 

defined 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, Letter of Authorization or 

Drug and Alcohol Testing Program 

Registration from the FAA. Your 

employees who perform safety-sensitive 

duties must be tested in accordance 

with this subpart. The chart follows: 


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If you . . . You must . . . 

(1) Apply for a part 119 certificate 

with authority to operate under 

part 121 or 135.

(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, 

(ii) Implement an FAA alcohol testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

(2) Intend to begin operations as 

defined in § 91.147 of this chapter.

(i) Have a Letter of Authorization, 

(ii) Implement an FAA alcohol testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

(3) Apply for a part 119 certificate 

with authority to operate under 

parts 121 or 135 and intend to 

begin operations as defined in 

§ 91.147 of this chapter.

(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization, 

(ii) Implement your combined FAA alcohol testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

(4) 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).

(i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM–800), 800 Independence Avenue SW., Washington, DC 20591 prior to starting operations, 

(ii) Implement an FAA alcohol testing program no later than the date you start operations, and 

(iii) Meet the requirements of this subpart. 

* * * * * 

(e) Obtaining a Letter of Authorization 

from the FAA. (1) To obtain a Letter of 

Authorization from the FAA, you must 

submit, in duplicate, the following 

information to the Flight Standards 

District Office nearest your principal 

place of business: 

(i) Company name. 

(ii) Telephone number. 

(iii) Address where your drug and 

alcohol testing program records are 

kept. 

(iv) Type of safety-sensitive functions 

you perform for an employer (such as 

flight instruction duties, aircraft 

dispatcher duties, maintenance or 

preventive maintenance duties, ground 

security coordinator duties, aviation 

screening duties, air traffic control 

duties). 

(v) Whether you have 50 or more 

covered employees, or 49 or fewer 

covered employees. 

(vi) A signed statement indicating that 

your company will comply with this 

part and 49 CFR part 40. 

(2) This Letter of Authorization will 

satisfy the requirements for both your 

drug testing program under subpart E of 

this part and your alcohol testing 

program under this subpart. 

(3) Update the Letter of Authorization 

information as changes occur. Send the 

updates, in duplicate, to the Flight 

Standards District Office nearest your 

principal place of business. 

(4) If you are a part 119 certificate 

holder with authority to operate under 

part 121 or 135 and intend to begin 

operations as defined in § 91.147 of this 

chapter, you must also advise the FAA’s 

Drug Abatement Division at the Federal 

Aviation Administration, Office of 

Aerospace Medicine, Drug Abatement 

Division (AAM–800), 800 Independence 

Avenue SW., Washington, DC 20591. 

(f) Obtaining a Drug and Alcohol 

Testing Program Registration from the 

FAA. (1) To obtain a Drug and Alcohol 

Testing Program Registration from the 

FAA you must submit, in duplicate, the 

following information to the Office of 

Aerospace Medicine, Drug Abatement 

Division: 

(i) Company name. 

(ii) Telephone number. 

(iii) Address where your drug and 

alcohol testing program records are 

kept. 

(iv) Type of safety-sensitive functions 

you perform for an employer (such as 

flight instruction duties, aircraft 

dispatcher duties, maintenance or 

preventive maintenance duties, ground 

security coordinator duties, aviation 

screening duties, air traffic control 

duties). 

(v) Whether you have 50 or more 

covered employees, or 49 or fewer 

covered employees. 

(vi) A signed statement indicating 

that: Your company will comply with 

this part and 49 CFR part 40; and you 

intend to provide safety-sensitive 

functions by contract (including 

subcontract at any tier) to a part 119 

certificate holder with authority to 

operate under part 121 or part 135 of 

this chapter, 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. 

(2) Send this information, in 

duplicate, to the Federal Aviation 

Administration, Office of Aerospace 

Medicine, Drug Abatement Division 

(AAM–800), 800 Independence Avenue 

SW., Washington, DC 20591. 

(3) This Drug and Alcohol Testing 

Program Registration will satisfy the 

registration requirements for both your 

drug testing program under subpart E of 

this part and your alcohol testing 

program under this subpart. 

(4) Update the registration 

information as changes occur. Send the 

updates, in duplicate, to the address 

specified in paragraph (f)(2) of this 

section. 

Issued in Washington, DC, on June 20, 

2012. 

Frederick E. Tilton, 

Federal Air Surgeon. 

[FR Doc. 2012–16009 Filed 6–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 23 

Guides for the Jewelry, Precious 

Metals, and Pewter Industries 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Guides; request for public 

comments. 

SUMMARY: The Commission 

systematically reviews all of its current 

rules and guides to ensure that they 

continue to achieve their intended 

purpose without unduly burdening 

commerce. As part of this review, the 

Commission requests public comments 

on the overall costs, benefits, necessity, 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1