title-14-part-120-sec120-225

Federal Aviation Administration, DOT

§ 120.225

§ 120.225 How to implement an alcohol

testing program.

(a) Each company must meet the re-

quirements of this subpart. Use the fol-
lowing chart to determine whether
your company must obtain an Anti-
drug and Alcohol Misuse Prevention
Program Operations Specification, Let-
ter of Authorization, or Drug and Alco-
hol Testing Program Registration from
the FAA:

If you are . . .

You must . . .

(1) A part 119 cer-

tificate holder with
authority to oper-
ate 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 con-

tacting the Flight Standards District
Office nearest to your principal place
of business.

(3) A part 119 cer-

tificate holder with
authority to oper-
ate under part
121 or part 135
and an operator
as defined in
§ 91.147 of this
chapter.

Complete the requirements in para-

graphs 1 and 2 of this chart and ad-
vise the Flight Standards District Of-
fice and Drug Abatement Division
that the § 91.147 operation will be in-
cluded under the part 119 testing
program. Contact Drug Abatement
Division at FAA, Office of Aerospace
Medicine, Drug Abatement Division
(AAM–800), 800 Independence Ave-
nue SW., Washington, DC 20591.

(4) An air traffic

control facility not
operated by the
FAA or by or
under contract to
the U.S. Military.

space Medicine, Drug Abatement Di-
vision (AAM–800), 800 Independ-
ence Avenue SW., Washington, DC
20591.

(5) A part 145 cer-

tificate holder
who has your
own alcohol test-
ing program.

Obtain an Antidrug and Alcohol Misuse

Prevention Program Operations
Specification by contacting your Prin-
cipal Maintenance Inspector or reg-
ister with the FAA Office of Aero-
space Medicine, Drug Abatement Di-
vision (AAM–800), 800 Independ-
ence Avenue SW., Washington, DC
20591, if you opt to conduct your
own alcohol testing program.

(6) A contractor

who has your
own alcohol test-
ing program.

space Medicine, Drug Abatement Di-
vision (AAM–800), 800 Independ-
ence Avenue SW., Washington, DC
20591, if you opt to conduct your
own alcohol testing program.

(b) Use the following chart for imple-

menting an alcohol testing program if
you are applying for a part 119 certifi-
cate with authority to operate under
part 121 or part 135 of this chapter, if
you intend to begin operations as de-
fined 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. Mili-
tary). 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 em-
ployees who perform safety-sensitive
duties 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 Mis-

use 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 sub-

part.

(2) Intend to begin

operations as de-
fined 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 sub-

part.

(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 Mis-

use Prevention Program Operations
Specification and a Letter of Author-
ization,

(ii) Implement your combined FAA al-

cohol testing program no later than
the date you start operations, and

(iii) Meet the requirements of this sub-

part.

(4) Intend to begin

air traffic control
operations (at an
air traffic control
facility not oper-
ated by the FAA
or by or under
contract to the
U.S. military).

(i) Register with the FAA, Office of

Aerospace Medicine, Drug Abate-
ment Division (AAM–800), 800 Inde-
pendence Avenue SW., Washington,
DC 20591, prior to starting oper-
ations,

(ii) Implement an FAA alcohol testing

program no later than the date you
start operations, and

(iii) Meet the requirements of this sub-

part.

pany 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 or an operator as defined
in § 91.147 of this chapter, use the fol-
lowing chart to determine what you
must do if you opt to have your own al-
cohol testing program.

14 CFR Ch. I (1–1–24 Edition)

§ 120.225

If you . . .

And you opt to conduct your own Alco-
hol Testing Program, you must . . .

(1) Are a part 145

certificate holder.

(i) Have an Antidrug and Alcohol Mis-

use Prevention Program Operations
Specifications or register with the
FAA, Office of Aerospace Medicine,
Drug Abatement Division (AAM–
800), 800 Independence Avenue,
SW., Washington, DC 20591,

(ii) Implement an FAA alcohol testing

program no later than the date you
start performing safety-sensitive
functions for a part 119 certificate
holder with the authority to operate
under parts 121 and/or 135, or oper-
ator as defined in § 91.147 of this
chapter, and

(iii) Meet the requirements of this sub-

part as if you were an employer.

(2) Are a contractor

(i) Register with the FAA, Office of

Aerospace Medicine, Drug Abate-
ment Division (AAM–800), 800 Inde-
pendence Avenue, SW., Wash-
ington, DC 20591,

(ii) Implement an FAA alcohol 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 and/or 135, or oper-
ator as defined in § 91.147 of this
chapter, and

(iii) Meet the requirements of this sub-

part as if you were an employer.

(d)(1) To obtain an Antidrug and Al-

cohol Misuse Prevention Program Op-
erations Specification, you must con-
tact your FAA Principal Operations In-
spector or Principal Maintenance In-
spector. Provide him/her with the fol-
lowing information:

(i) Company name.
(ii) Certificate number.
(iii) Telephone number.
(iv) Address where your drug and al-

cohol testing program records are kept.

(v) Whether you have 50 or more cov-

ered employees, or 49 or fewer covered
employees. (Part 119 certificate holders
with authority to operate only under
part 121 of this chapter are not re-
quired to provide this information.)

(2) You must certify on your Anti-

drug and Alcohol Misuse Prevention
Program Operations Specification,
issued by your FAA Principal Oper-
ations Inspector or Principal Mainte-
nance 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 Pre-
vention Program Operations Specifica-
tion to satisfy this requirement under
this part.

(4) You must update the Antidrug

and Alcohol Misuse Prevention Pro-
gram Operations Specification when
any changes to the information con-
tained in the Operation Specification
occur.

(e)

Register your Drug and Alcohol

Testing Program by obtaining a Letter of
Authorization from the FAA in accord-
ance with § 91.147.

(1) A drug and alcohol

testing program is considered reg-
istered 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 al-

cohol testing program records are kept.

(iv) Type of safety-sensitive func-

tions you or your employees perform
(such as flight instruction duties, air-
craft dispatcher duties, maintenance or
preventive maintenance duties, ground
security coordinator duties, aviation
screening duties, air traffic control du-
ties).

(v) Whether you have 50 or more cov-

ered 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 Authoriza-

tion information as changes occur.
Send the updates to the Flight Stand-
ards District Office nearest your prin-
cipal place of business.

(4) If you are a part 119 certificate

holder with authority to operate under
part 121 or part 135 and intend to begin
operations as defined in § 91.147 of this
chapter, you must also advise the Fed-
eral Aviation Administration, Office of
Aerospace Medicine, Drug Abatement
Division (AAM–800), 800 Independence
Avenue SW., Washington, DC 20591.

(f)

Obtaining a Drug and Alcohol Test-

ing 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 Registra-
tion from the FAA you must submit
the following information to the Office

Federal Aviation Administration, DOT

Pt. 121

of Aerospace Medicine, Drug Abate-
ment Division:

(i) Company name.
(ii) Telephone number.
(iii) Address where your drug and al-

cohol testing program records are kept.

(iv) Type of safety-sensitive func-

(v) Whether you have 50 or more cov-

ered 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 func-
tions by contract (including sub-
contract at any tier) to a part 119 cer-
tificate holder with authority to oper-
ate 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 to the Fed-

eral 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 sub-
part E of this part and your alcohol
testing program under this subpart.

(4) Update the registration informa-

tion as changes occur. Send the up-
dates to the address specified in para-
graph (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 42005, July
15, 2013]

§ 120.227 Employees located outside

the U.S.

(a) No covered employee shall be

tested for alcohol misuse while located
outside the territory of the United
States.

(1) Each covered employee who is as-

signed to perform safety-sensitive
functions solely outside the territory

of the United States shall be removed
from the random testing pool upon the
inception of such assignment.

(2) Each covered employee who is re-

moved from the random testing pool
under this paragraph shall be returned
to the random testing pool when the
employee resumes the performance of
safety-sensitive functions wholly or
partially within the territory of the
United States.

(b) The provisions of this subpart

shall not apply to any person who per-
forms a safety-sensitive function by
contract for an employer outside the
territory of the United States.

PART 121—OPERATING REQUIRE-

MENTS: DOMESTIC, FLAG, AND
SUPPLEMENTAL OPERATIONS

PECIAL

EDERAL

VIATION

EGULATION

50–2 [N

OTE

]

PECIAL

EDERAL

VIATION

EGULATION

71 [N

OTE

]

PECIAL

EDERAL

VIATION

EGULATION

97 [N

OTE

]

Subpart A—General

Sec.
121.1

Applicability.

121.2

Compliance schedule for operators

that transition to part 121; certain new
entrant operators.

121.4

Applicability of rules to unauthorized

operators.

121.7

Definitions.

121.9

Fraud and falsification.

121.11

Rules applicable to operations in a

foreign country.

121.15

Carriage of narcotic drugs, mari-

huana, and depressant or stimulant drugs
or substances.

Subpart B—Certification Rules for Domestic

and Flag Air Carriers

[

Reserved

]

Subpart C—Certification Rules for Supple-

mental Air Carriers and Commercial
Operators

[

Reserved

]

Subpart D—Rules Governing All Certificate

Holders Under This Part

[

Reserved

]

Subpart E—Approval of Routes: Domestic

and Flag Operations

121.91

Applicability.

121.93

Route requirements: General.

121.95

Route width.

121.97

Airports: Required data.