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

Forms and Documents

Document Name	Status
12-16-2024 - PRA Supporting Statement.docx Supporting Statement A	2024-12-16
Drug and Alcohol Testing Program NPRM PTA - final AE.pdf Supplementary Document	2024-03-06

IC Document Collections

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

ICR Details

OMB Control No: 2120-0535	ICR Reference No: 202412-2120-003
Status: Received in OIRA	Previous ICR Reference No: 202312-2120-004
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	Date Submitted to OIRA: 12/18/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2026
Responses	367,368	163,027
Time Burden (Hours)	351,972	78,474
Cost Burden (Dollars)	0	0

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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 regarding 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 Final Rule, Drug and Alcohol Testing of Certificated Repair Station Employees Located Outside of the United States, which requires 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 conduct drug and alcohol testing in accordance with 14 CFR part 120 and 49 CFR part 40. Repair stations meeting the regulations must obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification (A449 paragraph) in FAA’s Operations Specifications database and must report annual drug and alcohol testing program statistics through the Department of Transportation Drug and Alcohol Management Information System (DAMIS). The final rule alternatively provides a process for a foreign government, on behalf of certificated repair stations within their territories, and individual foreign repair stations subject to the rule to submit and obtain a waiver of recognition to obtain the Administrator’s recognition of a compatible alternative that contains minimum criteria in lieu of compliance with certain components of 14 CFR part 120. Foreign repair stations meeting the regulatory requirements by obtaining a waiver of recognition are not required to obtain an A449 paragraph or report annual drug and alcohol testing program statistics through DAMIS.

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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
PL: Pub.L. 118 - 63 302(b) Name of Law: FAA Reauthorization Act of 2024

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2120-AK09	Final or interim final rulemaking	89 FR 103416	12/18/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

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

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	367,368	163,027	0	204,450	-109	0
Annual Time Burden (Hours)	351,972	78,474	0	273,530	-32	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: As a result of the FAA Modernization and Reform Act of 2012 and subsequent FAA regulations, the burden is increased by requiring approximately 977 part 145 repair stations operating outside the territory of the United States to implement a drug and alcohol testing program, obtain a drug and alcohol Operations Specification paragraph (A449) in FAA’s electronic database, and provide annual reports which include drug and alcohol testing program statistics. The Supporting Statement elaborates on the increase in burden in questions 12 and 15.

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Annual Cost to Federal Government: $1,873,895

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

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Common Form ICR:  No

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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: 12/18/2024

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