By Adrian Schofield/Aviation Daily

The FAA is delaying by six months the introduction of a rule that extends the scope of its drug- and alcohol-testing program, but the delay has not eased the repair station industry's concerns about the rule.

The agency had already established a compliance date of April 10 for the new drug testing rule, which was issued in January. Yesterday, however, FAA said the compliance date will be pushed back to Oct. 10. The new rule is intended to make sure that all repair and maintenance sub-contractors are included in the program, FAA said. FAA said the delay is necessary because "it has come to our attention that some original equipment manufacturers and other entities may be confused regarding whether they are performing maintenance or preventative maintenance duties [that are] subject to drug and alcohol testing, or manufacturing duties not subject to testing."

Last month, nine associations, including the Regional Airline Association and Air Transport Association, asked for an extension. The extension will give companies that are not already in the testing program time to "determine what work is subject to drug and alcohol testing," FAA said. It will also give them the opportunity to decide whether to conduct their own testing programs, or to have their employees covered by the testing program of the company for which they are performing contracted work.

The Aeronautical Repair Station Association (ARSA) told its members the extension is a "positive [development] for those who must comply with the new rule, [but] the implementation delay doesn't change the rule's content...The problems associated with the regulation remain."

ARSA said it is "continuing to pursue" its federal court challenge against the regulation. The challenge was filed March 10 with the U.S. Court of Appeals for the Washington, D.C., circuit (DAILY, March 14). ARSA alleges the regulation represents an "unnecessary burden that provides no aviation safety-related benefits," and the group says FAA violated several statutes in issuing the rule. FAA says the rule clarifies the intent of the original drug-testing regulations.

Source: AviationNow.com