On Nov. 21, 2008 ARSA submitted a Petition for Exemption from Title 14 CFR part 121, appendices I & J, Anti-Drug and Alcohol (D&A) Misuse Prevention Programs, to the Federal Aviation Administration (FAA) on behalf of its members. The petition stems from an Airworthiness Directive (AD 93-05-16) that requires operators or maintenance facilities to send components back to a manufacturer for performance of an alteration.

The manufacturer listed in the AD, however, does not have its own D&A program as it is only permitted to rebuild or alter its own articles. The Association points out that since the FAA has not issued definitive guidance on whether alterations are considered “safety-sensitive functions”, covered employers are forced to follow an AD that forces them into a possible regulatory violation for contracting work to a facility whose workers are not covered by a DOT-sanctioned program.
As a result ARSA asked for an exemption from the D&A program requirements for the following persons:

• Covered employers using the manufacturer to complete AD 93-05-16;
• Companies called out to perform required work in an AD that do not have an existing D&A program; and,
• All entities performing alterations for a covered employer.

ARSA will keep its members informed of any developments.

Click here to view the Petition for Exemption.

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