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Drug Testing for Charitable Sightseeing EventsEAA Government and Industry Relations office has been working long and hard in seeking relief from the FAR 121 and FAR 135 "implied" requirements for private pilots to be under an approved FAA drug testing program before taking part in charitable sightseeing flights sponsored by a charitable organization. The following is a review of EAA actions and what our current status is: Key DatesOn July 7, 1999, EAA petitioned the FAA seeking relief from the drug testing requirements imposed on private pilots conducting charitable sightseeing flights by FAR 135 and FAR 121. On February 3, 2000, the FAA granted EAA the drug testing exemption, No. 7111. In what at first appeared to be a win for private pilots, EAA quickly realized that the exemption carried too many administrative burdens to be usable, including the requirement for the charitable sightseeing flight event sponsor (an EAA Chapter, United Way, etc.) to become an enforcement tool for the FAA by requiring them to inspect pilot logbooks, etc. EAA contacted the FAA and declined to implement the exemption as granted and at the same time started negotiating with the FAA to seek a workable exemption. As a note, AOPA received the same requirements in their drug testing exemption, No. 7112, and they also declined to implement the exemption. The end result of the negotiations is that EAA was required to submit another petition to the FAA seeking to modify the issued exemption. That modification exemption petition was submitted to the FAA on March 5, 2000. On June 29, 2000. The FAA issued a revised drug testing exemption, No. 7111A. This exemption provides most of the relief EAA sought for the membership. The exemption is in hands of the EAA Chapters Office, which has the responsibility to issue the exemption to all members and chapters. This exemption has an expiration date of June 30, 2002. November 1, 2001. EAA petitions the FAA for renewal of Exemption No. 7111A. June 25, 2002. The FAA issued a renewed exemption (No. 7111B) to EAA, with a new expiration date of June 30, 2004. Look at the EAA Chapter Office web site to find out how to apply for the exemption. What does this means to EAA Chapters and individual EAA Members If some of your pilots have Commercial/ATP pilot certificates and are under an approved FAA drug testing program through their current employer, then they are covered under the FAR 121 and 135 drug testing programs. They are free to conduct charitable sightseeing flight events. For other pilots, additional requirements apply. If private pilots are going to participate in the charitable sightseeing flights, then the event sponsor must apply to their local FAA FSDO in accordance with FAR 61.113. EAA recommends event sponsors contact their local FAA FSDO at least 30 days prior to the scheduled dates of the event for in-depth FAR 61.113 instructions. Even though FAR 61.113, paragraph (d)(1), says to send the paperwork to the FAA FSDO at least 7 days before the event, EAA strongly recommends you send the paperwork to the FAA FSDO at least 14 "working" days prior to the event. One of the things the FAA FSDO will tell the event sponsor is that the pilots flying the event must be covered under an approved FAA drug testing program. As mentioned earlier, Commercial/ATP pilots who are covered by their employers drug testing program meet this requirement. All other pilots must seek a drug testing exemption from the FAA. This can be done by the event sponsor (best way) or by each individual pilot. The procedures to obtain an exemption are: EAA Chapters and EAA members: Call EAA Chapters Office (888-322-4636, extension 6867) or e-mail them at chapters@eaa.org. They will provide the information to apply for the exemption. The best time to apply is as you’re submitting your Class I event request. All other requests: You must submit a request to the DOT Docket Management System, 400 7th Street, S.W., Room PL 401, Washington, DC 20591-0001, via U.S. mail, UPS, or FedEx, or by fax at 202-493-2251, or via the web (electronically) at the DOT Docket site least 120 days prior to the event. The letter must follow the following format: First paragraph -- "EAA Chapter ___", United Way of ______" or "name of individual pilot" (etc.) is seeking an exemption to the FAA drug testing requirements of FAR 135.251, 135.255, 135.353, and appendixes I and J of FAR 121. The exemption is to permit the (name of organization or individual pilot) to conduct local charitable sightseeing flights at (name of airport) on (date(s)), for compensation or hire, without complying with certain anti-drug and alcohol misuse prevention requirements of FAR 135." Second paragraph -- "EAA has complied with FAR 61.113 and submitted all private pilot required information to the ___(Name)____ FAA FSDO office. Third paragraph -- "Following is a listing of those Private, Commercial, and ATP pilots, and ground personnel performing aviation/aircraft related safety functions who are not covered by their employers FAA drug testing program. The list includes the their names, their pilot certificate numbers, and the date of their current FAA medical certificates." For ground personnel only their name and safety function they will be performing are listed. Fourth paragraph -- "The charitable sightseeing event is scheduled for (date(s)), request the FAA respond to this exemption request prior to the event. Please contact (name) at (phone number), (e-mail address), and/or (fax number) for further information." Fifth paragraph – "Public Interest" – state why you feel this exemption would be in the public interest. Sixth paragraph – "Safety" – state what you will do to ensure the event will be a safe one for the pilots, the ground safety personnel, and the general public attending the event Seventh paragraph – list the means available for the FAA to contact you, e.g., home and work phone numbers, fax number, mailing address, and e-mail address. Don’t forget to sign and date the request. Other Key EAA Events
If a EAA Chapter holds an event that includes both a charitable sightseeing event where donations are being accepted for flights and a EAA Young Eagles flight program, then the EAA Chapter must seek the drug testing exemption for the charitable sightseeing flight portion of the program, but not for the EAA Young Eagles flight (FREE) portion of the program. If a EAA Chapter holds an event that includes both a EAA Young Eagles flight program and a EAA Flying Start program, drug testing requirements do not apply because both programs are FREE to the participants. |
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