(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: ------------------------------------------------------------------------
(1) A part 119 certificate holder with Obtain an Antidrug and Alcohol
authority to operate under parts 121 Misuse Prevention Program
or 135. Operations Specification by
contacting your FAA Principal
Operations Inspector.(2) An operator as defined in Sec. Obtain a Letter of
91.147 of this chapter. Authorization by contacting
the Flight Standards District
Office nearest to your
principal place of business.(3) A part 119 certificate holder with Complete the requirements in
authority to operate under parts 121 paragraphs 1 and 2 of this
or 135 and an operator as defined in chart and advise the Flight
Sec. 91.147 of this chapter. Standards District Office and
the Drug Abatement Division
that the Sec. 91.147
operation will be included
under the part 119 testing
program. Contact the Drug
Abatement Division at FAA,
Office of Aerospace Medicine,
Drug Abatement Division (AAM-
800), 800 Independence Avenue
SW., Washington, DC 20591.(4) An air traffic control facility not Register with the FAA, Office
operated by the FAA or by or under of Aerospace Medicine, Drug
contract to the U.S. Military. Abatement Division (AAM-800),
800 Independence Avenue SW.,
Washington, DC 20591.
(5) A part 145 certificate holder who Obtain an Antidrug and Alcohol
has your own drug testing program. 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 Register with the FAA, Office
testing program. 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 Sec. 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: ------------------------------------------------------------------------
(1) Apply for a part 119 certificate (i) Have an Antidrug and
with authority to operate under parts Alcohol Misuse Prevention
121 or 135. 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 (i) Have a Letter of
defined in Sec. 91.147 of this Authorization,
chapter.
(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 (i) Have an Antidrug and
with authority to operate under parts Alcohol Misuse Prevention
121 or 135 and intend to begin Program Operations
operations as defined in Sec. 91.147 Specification and a Letter of
of this chapter. 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 (i) Register with the FAA,
operations (at an air traffic control Office of Aerospace Medicine,
facility not operated by the FAA or by Drug Abatement Division (AAM-
or under contract to the U.S. 800), 800 Independence Avenue
military). 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.------------------------------------------------------------------------
(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 of this chapter, an operation as defined in Sec. 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 following chart to determine what you must do if you opt to have your own drug testing program. ------------------------------------------------------------------------
And you opt to conduct your own
If you . . . drug program, you must . . .
(1) Are a part 145 certificate holder.. (i) Have an Antidrug and
(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 drug
testing 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 Sec.
91.147 of this chapter, and
(iii) Meet the requirements of
this subpart as if you were an
(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 drug
testing 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 Sec.
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 subpart as if you were an
employer.------------------------------------------------------------------------
(d) Obtaining an Antidrug and Alcohol Misuse Prevention Program Operations Specification. (1) To obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, you must contact your FAA Principal Operations Inspector or Principal Maintenance Inspector. Provide him/her with the following information:
(1) To obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, you must contact your FAA Principal Operations Inspector or Principal Maintenance Inspector. Provide him/her with the following information:
(i) Company name.
(ii) Certificate number.
(iii) Telephone number.
(iv) Address where your drug and alcohol testing program records are kept.
(v) Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. (Part 119 certificate holders with authority to operate only under part 121 of this chapter are not required to provide this information.)
(2) You must certify on your Antidrug and Alcohol Misuse Prevention Program Operations Specification issued by your FAA Principal Operations Inspector or Principal Maintenance Inspector that you will comply with this part and 49 CFR part 40.
(3) You are required to obtain only one Antidrug and Alcohol Misuse Prevention Program Operations Specification to satisfy this requirement under this part.
(4) You must update the Antidrug and Alcohol Misuse Prevention Program Operations Specification when any changes to the information contained in the Operation Specification occur.
(e) Register your Drug and Alcohol Testing Program by obtaining a Letter of Authorization from the FAA in accordance with Sec. 91.147. (1) A drug and alcohol testing program is considered registered when the following information is submitted to the Flight Standards District Office nearest your principal place of business:
(1) A drug and alcohol testing program is considered registered when the following information is submitted 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 or your employees perform (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.
(3) Update the Letter of Authorization information as changes occur. Send the updates 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 parts 121 or 135 and intend to begin operations as defined in Sec. 91.147 of this chapter, you must also advise 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) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA, you must submit the following information to the Office of Aerospace Medicine, Drug Abatement Division:
(1) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA, you must submit 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 or your employees perform (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 Sec. 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 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 to the address specified in paragraph (f)(2) of this section. [Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010, as amended by Amdt. 120-1, 78 FR 42003, July 15, 2013]