Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 3153 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 120 and 135 

[Docket No. FAA–2008–0937; Amendment 

No. 120–0A, 135–117A] 

RIN 2120–AJ37 

Drug and Alcohol Testing Program; 

Correction 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration (FAA) is correcting its 

drug and alcohol testing regulations 

published on May 14, 2009. The FAA 

inadvertently excluded necessary 

wording within the text of two separate 

definitions; added wording to the 

sections describing refusals to submit to 

drug or alcohol tests; directed readers to 

an incorrect subpart for a referenced 

definition; omitted a cross reference to 

a list of applicable regulations; and 

added wording when describing an 

operator. This rule corrects those 

inadvertent errors and includes other 

minor editorial corrections. These 

corrections will not impose any 

additional requirements on operators 

affected by these regulations. 

DATES: Effective January 20, 2010. 

FOR FURTHER INFORMATION 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; e-mail 

drugabatement@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 14, 2009, we published a 

final rule (74 FR 22649) that amended 

the regulations governing FAA-required 

drug and alcohol testing requirements. 

The final rule was necessary to gather 

all of the existing drug and alcohol 

requirements into one part because the 

regulations governing FAA-required 

drug and alcohol testing requirements 

were scattered throughout Chapter I of 

Title 14, Code of Federal Regulations. In 

that final rule in § 120.7 we omitted the 

words ‘‘and alcohol’’ from the 

definitions for ‘‘DOT agency’’ and 

‘‘Employer.’’ In §§ 120.13 and 120.15, we 

inadvertently included the word 

‘‘authorization.’’ In §§ 120.17 and 

120.33, we used the term ‘‘subpart’’ 

instead of ‘‘part’’ when directing readers 

to the definition of prohibited drugs. In 

§§ 120.103 and 120.211, we omitted the 

reference to § 135.1 from the list of 

applicable regulations. In § 120.117, we 

included the word ‘‘sightseeing’’ when 

describing an operator as defined in 

§ 91.147 and omitted mailing 

instructions for § 91.147 operators. In 

§ 120.119, we made reference to 

appendix H of 49 CFR part 40 as subpart 

H. In § 120.225, we omitted mailing 

instructions for § 91.147 operators. In 

the instruction for a change to 14 CFR 

part 135, we incorrectly listed a crossreference to § 120.39 as § 135.39. This 

document corrects these errors. 

List of Subjects 

14 CFR Part 120 

Air carriers, Airmen, Alcohol testing, 

Aviation safety, Charter flights, 

Commercial air tour operators, Drug 

testing, Operators, Safety, Safetysensitive, Transportation. 

14 CFR Part 135 

Air taxis, Aircraft, Airmen, Alcohol 

abuse, Aviation safety, Drug abuse, Drug 

testing. 

■ Accordingly, Title 14 of the Code of 

Federal Regulations (CFR) parts 120 and 

135 are amended 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. Revise paragraphs (g) and (i) of 

§ 120.7 to read as follows: 

§ 120.7 Definitions. 

* * * * * 

(g) DOT agency means an agency (or 

‘‘operating administration’’) of the 

United States Department of 

Transportation administering 

regulations requiring drug and alcohol 

testing (14 CFR parts 61, 65, 121, and 

135; 46 CFR part 16; 49 CFR parts 199, 

219, and 382) in accordance with 49 

CFR part 40. 

* * * * * 

(i) Employer is a part 119 certificate 

holder with authority to operate under 

parts 121 and/or 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. An 

employer may use a contract employee 

who is not included under that 

employer’s FAA-mandated drug and 

alcohol testing program to perform a 

safety-sensitive function only if that 

contract employee is included under the 

contractor’s FAA-mandated drug and 

alcohol testing program and is 

performing a safety-sensitive function 

on behalf of that contractor (i.e., within 

the scope of employment with the 

contractor.) 

* * * * * 

■ 3. Revise paragraphs (b)(1) and (2) of 

§ 120.13 to read as follows: 

§ 120.13 Refusal to submit to a drug or 

alcohol test by a Part 63 certificate holder. 

* * * * * 

(b) * * * 

(1) Denial of an application for any 

certificate or rating issued under part 63 

of this chapter for a period of up to 1 

year after the date of such refusal; and 

(2) Suspension or revocation of any 

certificate or rating issued under part 63 

of this chapter. 

■ 4. Revise paragraphs (b)(1) and (2) of 

§ 120.15 to read as follows: 

§ 120.15 Refusal to submit to a drug or 

alcohol test by a Part 65 certificate holder. 

* * * * * 

(b) * * * 

(1) Denial of an application for any 

certificate or rating issued under part 65 

of this chapter for a period of up to 1 

year after the date of such refusal; and 

(2) Suspension or revocation of any 

certificate or rating issued under part 65 

of this chapter. 

■ 5. Revise paragraph (b) of § 120.17 to 

read as follows: 

§ 120.17 Use of Prohibited drugs. 

* * * * * 

(b) No employer may knowingly use 

any individual to perform, nor may any 

individual perform for an employer, 

either directly or by contract, any air 

traffic control function while that 

individual has a prohibited drug, as 

defined in this part, in his or her 

system. 

* * * * * 

■ 6. Revise paragraph (b) of § 120.33 to 

read as follows: 

§ 120.33 Use of prohibited drugs. 

* * * * * 

(b) No certificate holder or operator 

may knowingly use any individual to 

perform, nor may any individual 

perform for a certificate holder or an 

operator, either directly or by contract, 

any function listed in subpart E of this 

part while that individual has a 

prohibited drug, as defined in this part, 

in his or her system. 

* * * * * 

■ 7. Add paragraph (d)(2)(v) of 

§ 120.103 to read as follows: 

§ 120.103 General. 

* * * * * 


pwalker on DSK8KYBLC1PROD with RULES
3154 Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Rules and Regulations 

1The Commission voted 5–0 to publish this final 

rule, with changes, in the Federal Register. 

Chairman Inez M. Tenenbaum, and Commissioners 

Thomas H. Moore, Nancy Nord, Robert Adler, and 

Anne Northup voted to publish the notice with 

changes. Commissioner Northup issued a statement, 

and the statement can be found at http:// 

www.cpsc.gov/PR/northup01062010devices.pdf. 

(d) * * * 

(2) * * * 

(v) § 135.1—Applicability 

* * * * * 

■ 8. Revise paragraphs (a)(2) and (e)(2) 

of § 120.117 to read as follows: 

§ 120.117 Implementing a drug testing 

program. 

(a) * * * 

If you are ... You must ... 

* * * * * * * 

(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. 

* * * * * * * 

* * * * * 

(e) * * * 

(2) Send this information in the form 

and manner prescribed by the 

Administrator, in duplicate to the 

appropriate address below: 

(i) For § 91.147 operators: The Flight 

Standards District Office nearest to your 

principal place of business. 

(ii) For all others: The Federal 

Aviation Administration, Office of 

Aerospace Medicine, Drug Abatement 

Division (AAM–800), 800 Independence 

Avenue, SW., Washington, DC 20591. 

* * * * * 

■ 9. Revise paragraph (b) of § 120.119 to 

read as follows: 

§ 120.119 Annual reports. 

* * * * * 

(b) As an employer, you must use the 

Management Information System (MIS) 

form and instructions as required by 49 

CFR part 40 (at 49 CFR 40.26 and 

appendix H to 49 CFR part 40). You may 

also use the electronic version of the 

MIS form provided by DOT. The 

Administrator may designate means 

(e.g., electronic program transmitted via 

the Internet) other than hard-copy, for 

MIS form submission. For information 

on where to submit MIS forms and for 

the electronic version of the form, see: 

http://www.faa.gov/about/office_org/

headquarters_offices/avs/offices/aam/

drug_alcohol. 

* * * * * 

■ 10. Add paragraph (b)(5) to § 120.211 

to read as follows: 

§ 120.211 Applicable Federal regulations. 

* * * * * 

(b) * * * 

(5) § 135.1—Applicability 

■ 11. Revise paragraph (e)(2) of 

§ 120.225 to read as follows: 

§ 120.225 How to implement an alcohol 

testing program. 

* * * * * 

(e) * * * 

(2) Send this information in the form 

and manner prescribed by the 

Administrator, in duplicate to the 

appropriate address below: 

(i) For § 91.147 operators: The Flight 

Standards District Office nearest to your 

principal place of business. 

(ii) For all others: The Federal 

Aviation Administration, Office of 

Aerospace Medicine, Drug Abatement 

Division (AAM–800), 800 Independence 

Avenue, SW., Washington, DC 20591. 

* * * * * 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 12. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 40113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 45101–45105. 

■ 13. Revise paragraph (a)(5) of § 135.1 

to read as follows: 

§ 135.1 Applicability. 

(a) * * * 

(5) Nonstop Commercial Air Tour 

flights conducted for compensation or 

hire in accordance with § 119.1(e)(2) of 

this chapter that begin and end at the 

same airport and are conducted within 

a 25-statute-mile radius of that airport; 

provided further that these operations 

must comply only with the drug and 

alcohol testing requirements in 

§§ 120.31, 120.33, 120.35, 120.37, and 

120.39 of this chapter; and with the 

provisions of part 136, subpart A, and 

§ 91.147 of this chapter by September 

11, 2007. 

* * * * * 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–908 Filed 1–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Children’s Products Containing Lead; 

Exemptions for Certain Electronic 

Devices 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

issuing a final rule concerning certain 

electronic devices for which it is not 

technologically feasible to meet the lead 

limits as required under section 101 of 

the Consumer Product Safety 

Improvement Act of 2008 (CPSIA).1

DATES: Effective Date: This final rule is 

effective on January 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kristina Hatlelid, Ph.D., M.P.H., 

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; e-mail 

khatlelid@cpsc.gov; telephone (301) 

504–7254. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Consumer Product Safety 

Improvement Act of 2008 (CPSIA), 

Public Law 110–314, 122 Stat. 3016, 

provides for specific lead limits in 

children’s products. Section 101(a) of 

the CPSIA provides that, by February 

10, 2009, products designed or intended 

primarily for children 12 and younger 

may not contain more than 600 ppm of 

lead. After August 14, 2009, products 

designed or intended primarily for 

children 12 and younger cannot contain 

more than 300 ppm of lead. The limit 


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