Key Issues:
Drug/Alcohol Rule & Information
ICA Efforts
Industry Economic Data
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:
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
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
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.)
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 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
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)
Keep Your Pants On, For Now (7/10/09)
FAA Finds New Home For D&A Rules (5/14/09)
ARSA Seeks Drug and Alcohol Exemption (11/21/08)
FAA Confirms Drug and Alcohol Program Registration Option for Repair Stations (6/27/07)
FAA Denies ARSA's Drug/Alcohol Rule Compliance Date Extension Request (9/28/06)
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)
ARSA Seeks FAA Interpretation on Whether New D&A Rule Covers Persons Performing Rebuilds/Alteration (7/18/06)
FAA, Industry Meet On Drug/Alcohol Rule Guidance (7/14/06)
FAA Extends Compliance Date of Drug & Alcohol Testing Rule (3/31/06)
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
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)
Court Reviewing ARSA Request To Extend D&A Compliance Deadline (10/18/06)