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ARSA: Give FAA Time on Drug, Alcohol Testing Rules
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The association is concerned that Congress will be tempted to return to punishing repair stations for delays in rulemaking.
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The association is concerned that Congress will be tempted to return to punishing repair stations for delays in rulemaking.
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The Aeronautical Repair Station Association (ARSA) is urging lawmakers to give the FAA appropriate time to implement expanded drug and alcohol (D&A) requirements. In a letter to key House and Senate leaders, ARSA noted that Congress in the past held up foreign repair stations' certification for five years due to delays in security regulations. “It caused chaos for companies seeking to open repair stations outside the U.S. and raised the specter of retaliation against U.S. facilities with foreign certificates and approvals,” ARSA said. “We urge you not to punish repair stations for agency rulemaking delays.”

Congress last July mandated that the FAA extend drug and alcohol testing to certain foreign repair station employees. The mandate, included in an FAA extension bill, called on the agency to complete the rulemaking within a year. But that rulemaking has not progressed, and the Trump Administration's regulatory moratorium likely will delay it further.

ARSA noted that the FAA must use caution in proceeding with such rules. “Crafting D&A rules for foreign repair stations presents both legal and practical challenges,” it said. “For example, the congressional mandate directs that testing programs be consistent with the laws of the country in which the repair station is located.”

Noting some countries prohibit such requirements, ARSA said, “A one-size-fits-all testing requirement would have forced repair stations in those countries to surrender their certificates.”

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Kerry Lynch
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