ARSA's Drug and Alcohol Testing Rule Action

Submitted by Keith on Fri, 2007-06-08 14:27.

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ARSA Legal Defense Fund Background Resources Legal Challenge News Articles

ARSA Legal Defense Fund:

The fight against the drug and alcohol rule hasn’t been easy - or cheap. One way to help support ARSA's effort is by contributing to the ARSA Legal Defense Fund (LDF). Find out how you can help out by clicking on the following link:

ARSA Legal Defense Fund

Or download this form, fill out the second page and fax it to 703 739 9488 or mail it to:

Aeronautical Repair Station Association
121 North Henry Street
Alexandria, VA 22314-2903 USA

Background:

The final rule, issued January 10, 2006 (.pdf)

Amendment to rule clarifying registration option of drug & alcohol program

Full text of the current regulations:

Drug Testing Program

Alcohol Misuse Prevention 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 Web site (Frequently asked questions about the drug & alcohol rule posted on the FAA's Web site.)

• 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) | ARSA Regulatory Alert (.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 U.S. 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 U.S. 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