Drug and Alcohol Testing Program for Personnel Engaged in Specified Aviation Activities

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2120-0535 AK09 NPRM - 03-25-2024 - FINAL.docx	Supporting Statement A	Uploaded 2024-03-25	Repair queued
Drug and Alcohol Testing Program NPRM PTA - final AE.pdf	Supplementary Document	Uploaded 2024-03-06	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
264157	Foreign Repair Station Records Related to the Alcohol and Drug Collection Process, Test Results, Refusal to Test, Employee Dispute Records, SAP Reports, Follow-up tests	Instruction	New
264156	Foreign Repair Station Education and Training Records	Instruction	New
264153	Foreign Repair Station Drug and Alcohol Testing Program Operations Specification Development and Program Maintenance	Instruction	New
25608	Supervisory Drug and Alcohol Training Documentation	Instruction	Modified
228198	Substance Abuse Professional (SAP) Return-to-Duty Letter for Part 67 Medical Certificate Holders	Instruction	Modified
228196	Positive Alcohol Test Report to FAA	Instruction	Modified
228195	Refusal to Take Alcohol Test Report to FAA	Instruction	Modified
228194	Positive Drug Test Report to FAA	Instruction	Modified
228193	Refusal to Take Drug Test Report to FAA	Instruction	Modified
228192	Medical Review Officer (MRO) Contract Record Keeping Provision	Instruction	Modified
228191	Scientifically Valid Random Testing Process	Instruction	Modified
228190	Emergency Maintenance Reports	Instruction	Modified
228189	Voluntary Disclosures	Instruction	Modified
228187	Post-Accident Determination Documentation	Instruction	Modified
228186	Reasonable Cause/Suspicion Documentation for Drugs and Alcohol	Instruction	Modified
228185	Employee Training Documentation	Instruction	Modified
228184	Registration (new or amended)	Instruction	Modified
228183	Promulgate Policy	Instruction	Modified

ICR Details

OMB Control No: 2120-0535	ICR Reference No: 202312-2120-004
Status: Historical Inactive	Previous ICR Reference No: 202311-2120-003
Agency/Subagency: DOT/FAA	Agency Tracking No:
Title: Drug and Alcohol Testing Program for Personnel Engaged in Specified Aviation Activities
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/22/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/03/2024
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2026	36 Months From Approved	11/30/2026
Responses	163,027	0	163,027
Time Burden (Hours)	78,474	0	78,474
Cost Burden (Dollars)	0	0	0

---

Abstract: Part 119 certificate holders with the authority to operate under part 121 and 135, air tour operators as defined in 14 CFR § 91.147, non-FAA or Military Air Traffic Control Facilities, contractors or repair stations under 14 CFR part 145 that conduct drug and alcohol testing programs are mandated to report information to this collection. The FAA uses this information for determining program compliance or non-compliance of regulated aviation employers, oversight planning, determining who must provide a mandatory annual Management Information System (MIS) testing information, and communicating with entities subject to the program regulations. In addition, the information is used to ensure that appropriate action is taken in regard to crewmembers and other safety-sensitive employees who have tested positive for drugs or alcohol or have refused to submit to testing. The collection includes reporting, recordkeeping, and disclosure information. Using the information reported on the annual MIS allows the FAA Administrator to determine the random testing rates for the following year, which is published in the Federal Register. The FAA issued a Notice of Proposed Rulemaking (NPRM), Drug and Alcohol Testing of Certificated Repair Station Employees Located Outside of the United States, which would require certificated part 145 repair stations located outside the territory of the United States, whose employees perform safety-sensitive maintenance functions on part 121 air carrier aircraft to obtain and implement a drug and alcohol testing program in accordance with 14 CFR part 120 and 49 CFR part 40. If adopted, this rule would require such repair stations to obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification (A449 paragraph) in FAA’s Operations Specifications database. Additionally, these repair stations must report annual drug and alcohol testing program statistics through the Department of Transportation Drug and Alcohol Management Information System.

---

Authorizing Statute(s): US Code: 49 USC 31306 Name of Law: Alcohol and controlled substances testing
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 95 308 Name of Law: FAA Modernization and Reform Act of 2012
US Code: 49 USC 44733(d)(2) Name of Law: Alcohol and Controlled Substances Testing Program Requirements
PL: Pub.L. 114 - 190 2112 Name of Law: FAA Extension, Safety, and Security Act of 2016

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2120-AK09	Proposed rulemaking	88 FR 85137	12/07/2023

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 18

table that charts list of burden

IC Title	Form No.	Form Name
Emergency Maintenance Reports
Employee Training Documentation
Foreign Repair Station Drug and Alcohol Testing Program Operations Specification Development and Program Maintenance
Foreign Repair Station Education and Training Records
Foreign Repair Station Records Related to the Alcohol and Drug Collection Process, Test Results, Refusal to Test, Employee Dispute Records, SAP Reports, Follow-up tests
Medical Review Officer (MRO) Contract Record Keeping Provision
Positive Alcohol Test Report to FAA
Positive Drug Test Report to FAA
Post-Accident Determination Documentation
Promulgate Policy
Reasonable Cause/Suspicion Documentation for Drugs and Alcohol
Refusal to Take Alcohol Test Report to FAA
Refusal to Take Drug Test Report to FAA
Registration (new or amended)
Scientifically Valid Random Testing Process
Substance Abuse Professional (SAP) Return-to-Duty Letter for Part 67 Medical Certificate Holders
Supervisory Drug and Alcohol Training Documentation
Voluntary Disclosures

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The FAA Modernization and Reform Act of 2012 (the Act of 2012) mandates the FAA to include certain aviation entities located outside the territory of the United States into its requirement to conduct drug and alcohol testing. As a result, the FAA issued a Notice of Proposed Rulemaking (NPRM), Drug and Alcohol Testing of Certificated Repair Station Employees Located Outside of the United States, to require certificated part 145 repair stations located outside the territory of the United States, whose employees perform safety-sensitive maintenance functions on part 121 air carrier aircraft to obtain and implement a drug and alcohol testing program in accordance with 14 CFR part 120 and 49 CFR part 40. If adopted, this rule would require such repair stations to obtain an Drug and Alcohol Testing Program Operations Specification (A449 paragraph) in FAA’s Operations Specifications database. Additionally, these repair stations must report annual drug and alcohol testing program statistics through the Department of Transportation Drug and Alcohol Management Information System.

---

Annual Cost to Federal Government: $1,790,576

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/03/2024

---