ARSA’s drug and alcohol testing rule action
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Background Resources Legal challenge News and information
Background:
Background on ARSA d&a legal challenge
The final rule, issued January 10, 2006 (.pdf)
Amendment to rule clarifying registration option of drug & alcohol program
Full text of the current regulation:
14 CFR Part 120 — Drug and alcohol testing program
Resources:
FAA guidance
• Guidance alert (.pdf) (FAA guidance addressing industry issues on the final rule.)
• FAA letter to Pratt & Whitney (Interpretation on if fabrication of parts used in maintenance is considered maintenance for testing purposes.)
• Inspectors’ memorandum (.pdf) (Describes tasks considered to be maintenance or preventative maintenance.)
• D&A FAQs on FAA website (Frequently asked questions about the drug & alcohol rule posted on the FAA’s website.)
• FAA registration option letter(Description of drug & alcohol program registration option.)
ARSA guidance
• ARSA’s Q&A on the new rule (ARSA answers to member questions about the drug & alcohol rule.)
• FAA/Industry meeting on d&a testing rule (Summary of meeting held prior to the final rule’s compliance date on how the final rule would apply to the industry.)
• ARSA letter to the FAA (ARSA Seeks Clarification from FAA on D&A Guidance Issues.)
Legal challenge:
Below is a timeline with links to key documents related to ARSA’s ongoing legal challenge of the FAA’s final drug & alcohol rule, released January 10, 2006.
March 10, 2006: ARSA asks Federal Court to review expanded FAA drug & alcohol testing requirements.
press release
October 3, 2006: ARSA asks court for 9-month extension of d&a compliance date.
ARSA’s court filing (5.0MB .pdf)
October 4, 2006: Court extends compliance deadline to October 20.
article | court order (.pdf)
October 20, 2006: Court denies ARSA request to extend d&a compliance date; legal effort continues.
article
December 13, 2006: ARSA files its Joint Opening Brief of all Petitioners and Intervenors with the U.S. Court of Appeals for District of Columbia Circuit.
brief (.pdf)
January 25, 2007: FAA files its Brief for the Respondent with the US Court of Appeals for District of Columbia Circuit.
brief (.pdf)
February 8, 2007: The Aircraft Mechanics Fraternal Association (AMFA) files an amicus curiae brief in support of the FAA.
brief (.pdf)
February 23, 2007: ARSA files its Joint Reply Brief of all Petitioners and Intervenors with the U.S. Court of Appeals for District of Columbia Circuit.
brief (.pdf)
March 28, 2007: ARSA attorneys present oral arguments against the expansion of d&a testing rule in front of US Court of Appeals for District of Columbia Circuit.
July 17, 2007: ARSA receives final opinion from US Court of Appeals for the District of Columbia Circuit.
Court opinion
August 30, 2007: ARSA files a Petition for Rehearing En Banc and Panel Rehearing in US Court of Appeals for the District of Columbia Circuit.
Final Petition
September 21, 2007: US Court of Appeals for the District of Columbia Circuit issues Order denying ARSA’s petition for rehearing.
Denial of petition
October 11, 2007: US Court of Appeals for the District of Columbia Circuit issues final mandate enforcing its July 17, 2007 decision directing the FAA to perform a proper RFA analysis.
Final Mandate
February 17, 2011: ARSA files writ of mandamus requesting that the US Court of Appeals for the District of Columbia Circuit compel the FAA to comply with Court’s order and perform a proper RFA analysis.
Writ of Mandamus
March 1, 2011: The US Court of Appeals for the District of Columbia sides with ARSA and commands the FAA to “show cause why the court should not issue the requested writ requiring the FAA to comply with the court’s mandate.”
Court Order
March 8, 2011: The FAA publishes a supplemental regulatory flexibility determination in the Federal Register.
Supplemental Regulatory Flexibility Determination
April 13, 2011: The US Court of Appeals for the District of Columbia Circuit issues an order commanding the FAA to file regular status reports informing the court of its progress toward publishing a final regulatory flexibility analysis.
Court Order
May 9, 2011: ARSA submits comments to the FAA’s March 8 supplemental regulatory flexibility determination.
ARSA’s comments
July 12, 2011: The FAA publishes a Final Regulatory Flexibility Determination in the Federal Register in response to ARSA’s May 9, 2011 comments.
Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activities; Final Regulatory Flexibility Determination
News and Information:
Basic rule articles
HHS guidelines effective date changed to October 1, 2010 (4/30/10)
ARSA asks FAA to clarify drug and alcohol testing rules — again (1/15/10)
ARSA seeks drug and alcohol exemption (11/21/08)
FAA confirms drug and alcohol program registration option for repair stations (6/27/07)
ARSA asks FAA to extend deadline for drug/alcohol testing rule compliance (9/25/06)
FAA officials: drug/alcohol rule enforcement philosophy will focus on next-level tiers (9/12/06)
ARSA asks FAA for clarifications on new drug/alcohol rule guidance (8/31/06)
FAA responds to Pratt & Whitney d&a rule-related interpretation request (8/17/06)
ARSA seeks drug/alcohol rule applicability interpretation (7/19/06)
FAA, industry meet on drug/alcohol rule guidance (7/14/06)
FAA releases new drug and alcohol testing rule (1/9/06)
FAA to expand drug and alcohol testing rule (6/8/05)
Legal challenge articles
FAA continues to deny economic impact of drug and alcohol testing rule (7/13/11)
ARSA holds FAA’s feet to the fire over RFA compliance (5/11/11)
Court to monitor FAA’s RFA compliance (4/13/11)
ARSA statement on FAA supplemental regulatory flexibility determination (3/8/11)
Court sides with ARSA: Commands FAA to show cause (3/2/11)
ARSA Challenges FAA’s delay in complying with court order (2/17/11)
Court sides with ARSA on small business issue while upholding new FAA drug & alcohol rule (7/17/07)
ARSA, litigants file brief in D&a lawsuit (12/15/06)
