Disqualification for Airmen and Medical Certificate Holders Based on Alcohol Violations and Refusals to Submit to Drug or Alcohol Testing

March 14, 2005 U.S. Department of Transportation Docket Management Facility 400 Seventh Street, S.W. Nassif Building, Room PL-401 Washington, DC 20590-0001 Dear Sirs: Reference: FAA Docket No. FAA-2004-19835, Disqualification for Airman and Medical Certificate Holders Based on Alcohol Violations and Refusals to Submit to Drug or Alcohol Testing EAA (Experimental Aircraft Association) is the world leader in recreational aviation. With an international membership of 170,000 people in more than 112 nations, EAA brings together aviation enthusiasts, pilots and aircraft owners who are dedicated to the continued growth of aviation, the preservation of its history and a commitment to aviation's future. EAA programs, activities and events are known throughout the world for supporting aviation safety and promoting personal enjoyment and responsibility within an aviation lifestyle. These efforts are made possible through massive volunteer involvement in support of the organization, including the members of EAA's Aeromedical Advisory Council. EAA's volunteer Aeromedical Advisory Council is comprised of nationally recognized FAA Aeromedical Examiners. It is their opinion that FAA Docket FAA-2004-19835 is a viable document that will assist the FAA and DOT in meeting the National Drug and Alcohol Abatement/Control program requirements. As stated in the below comments, it is felt that three critical items need to be addressed prior to this rule becoming effective: 1.The two working day notification requirement is an extreme change from the existing 12 working day notification requirement; 2.There is no guidance provided to field AME's on the procedures to return a pilot or other certificate holder to operational status (flight, mechanic, ATC, etc.); and 3.This rule will affect all DOT agencies; however, clear-cut information has not been provided on how DOT will provide the required drug and alcohol information between DOT agencies and to other Federal, State, or county agencies. EAA is submitting the following detailed comments: ·The EAA Aeromedical Advisory Council was unable to understand from the proposed rule language how this rule would be implemented. In particular, which agency and department within DOT is responsible for the testing was not clear. Equally unclear is how a positive test result on non-flying positions such as a mechanic or ATC certificate would affect a non-commercial flying certificate, such as a recreational or a sport pilot certificate. One doctor commented: "If the person tested positive for drugs or alcohol, that they would lose the privileges for both the non-flying position and their pilot's certificate". What is less clear is that if they have a noncommercial certificate that they would lose their pilot's certificate as well with the non-flying violation. We believe that is the case after reading it several times. So, an aircraft mechanic who was a weekend flier would lose both privileges after a positive test or refusal for testing (which includes test adulteration). EAA believes the final rule needs to clearly state what the action should be in the case of a positive test on a non-flying position in regard to a non-commercial flying certificate. ·Further, the EAA Aeromedical Advisory Council pointed out more confusion in the case of a drug or alcohol test at the request of a law enforcement officer (referenced as 91.17 C1). This needs clarification whether or not a pilot (or other certificate holder) pulled over for a driving violation with a breath alcohol of 0.04 or less either does or does not require the notification of the FAA and suspension of the pilot's certificate if the pilot is involved in Part 91, 105, 119, 121, 125, 129, 133, 135, 137,or 121 activities. If the pilot or non-flying certificate holder is to be suspended, then the mechanism needs to be clarified. ·The NPRM requires a two working day notification by the MRO, not by the individual. This is a major ch…