Prompt Settlement Policy Guidance for Commercial Pilots in Drug and Alcohol Testing Cases

On July 19, 2018, the Federal Aviation Administration (FAA) published a notice of enforcement policy designated "Settlement Policy for Commercial Pilots in Drug and Alcohol Testing Cases(PDF)" in the Federal Register. The prompt settlement policy is effective October 1, 2018 and applies to commercial pilots who are first-time violators of the drug and alcohol testing regulations in 14 CFR part 120 and 14 CFR § 91.17(a)(1) (4). Pilots who participate in this policy and who have established qualifications to hold a new 14 CFR part 61 airman certificate and special issuance airman medical certificate under 14 CFR part 67 are expected to more quickly assume commercial flight crewmember duties.

Separate Prompt Settlement Policy Guidance is in effect for Legal Enforcement Actions Involving Medical Certificate Related Fraud, Intentional Falsification, Reproduction, or Alteration. Details are available at Airmen DUI/DWI and Law Enforcement Assistance Program (LEAP).

For Prompt Settlement Policy for Commercial Pilots in Drug and Alcohol Testing Cases, commercial pilots who have committed one of the following DOT/FAA violations may elect to participate in this prompt settlement policy with the FAA:

• Verified positive drug result or alcohol result with a breath alcohol concentration (BAC) of 0.04 or greater on any of the following test types¹:
  • Random
  • Reasonable Cause/Reasonable Suspicion
  • Post-Accident
• Refusals to submit to the following test types:
  • Pre-Employment Drug & Alcohol
  • Random Drug & Alcohol
  • Reasonable Cause/Reasonable Suspicion
  • Post-Accident Drug & Alcohol
• Pre-duty alcohol misuse violations
• Drug or alcohol violations of 14 CFR § 91.17(a)(1)-(4)

How to Participate

If you are preliminarily eligible to take advantage of the prompt settlement policy, a representative from the FAA's Drug Abatement Division will notify you in writing. Upon notification, you will have 10 days of receipt of your notification to inform the Drug Abatement Division at 9-FAA-Promptsettlement@faa.gov of your intent to participate. Failure to notify the Drug Abatement Division within 10 days will preclude you from participation.

Once you notify the Drug Abatement Division of your intent to participate, your case will be referred to the Enforcement Division in the FAA's Office of Chief Counsel. If you are eligible to take advantage of the prompt settlement policy, FAA enforcement counsel will send you a formal agreement that explains the conditions for prompt settlement. Once you receive your formal agreement, it must be executed (signed) within 10 days and returned to the FAA enforcement counsel.

Upon receipt of an executed agreement, FAA enforcement counsel will issue you an emergency order to initiate your revocation. The Emergency Order of Revocation will:

1. require you to immediately surrender all your certificates issued under 14 CFR parts 61 and 67;
2. notify you that failure to surrender these certificates will subject you to further legal enforcement action (including civil penalty); and
3. inform you that the FAA will not accept an application for a new part 61 airman certificate for a period of one year from the date of your emergency order of revocation.

If you have questions about the prompt settlement policy, please contact the FAA's Drug Abatement Division at 9-FAA-Promptsettlement@faa.gov.

¹ The prompt settlement policy does not apply to individuals who have verified positive drug test results and confirmed BAC results of 0.04 or greater on a pre-employment, return-to-duty, or follow-up tests.

Aircraft Certification Service

Staff and Divisions

AIR is currently organized into the Executive and Deputy Executive Directors, three staff offices, and six divisions. AIR staff and divisions are located throughout the United States.

Aircraft Certification Service Organizational Chart with Contact Information

• Executive Director of the Aircraft Certification Service, AIR-1
• Executive Staff Office, AIR-10
• Senior Technical Experts Office, AIR-20
• International Office, AIR-40
• Safety and Performance Integration Division, AIR-300
• Integrated Certificate Management Division, AIR-500
• Policy and Standards Division, AIR-600
• Compliance and Airworthiness Division, AIR-700
• System Oversight Division, AIR-800
• Enterprise Business Operations Division, AIR-900

AIR's local offices align under the functional divisions. To locate an office, visit our Local Offices page.

Aircraft Certification Service (AIR)

Policy and Standards Division (AIR-600)

The Policy and Standards Division supports aerospace safety by developing regulations, policy, and standards for the design, manufacturing, and airworthiness of aerospace products. The division promotes overall fleet safety, supports industry and government committees, and collaborates with standards development organizations.

Contact AIR-600

Leadership 

• Dan Elgas, Director

Safety Management, Analytics & System Integration Division

The Safety Management, Analytics & System Integration Division is committed to improving aviation safety through the continued design, development, deployment, and validation of national risk-based, data-supported, proactive, oversight systems – working interdependently to enhance the way Flight Standards Service certificates and then evaluates aviation entities nationwide.

Since its inception, the organization has been focused on changing the way Flight Standards Service does business - from creating a new, standardized air carrier certification process and revolutionary Air Transportation Oversight System (ATOS) to today’s development and deployment of Safety Management Systems (SMS) and the new Safety Assurance System (SAS) for air carriers, commuter and on-demand operations, and repair stations.

Safety Management, Analytics & System Integration Division finds innovative and effective new ways to bring the latest in aviation safety, including SMS, system safety, risk-based decision making, and information sharing, to Flight Standards’ daily operations and strengthens its global leadership in these vital international aviation safety initiatives.

Safety Analysis and Promotion Division:

• System Approach for Safety Oversight Branch
• Safety Analysis Branch
• Safety Management Branch
• Automation Systems Management Branch

Resources

• Office of Safety Standards (AFS) Services and Contacts

Address:
Kawehi Lum, Manager
Federal Aviation Administration
Safety Analysis and Promotion Division
13873 Park Center Road, Suite 160
Herndon, VA 20171

Phone: (703) 487-3912

Aircraft Certification Service (AIR)

Enterprise Business Operations Division (AIR-900)

The Enterprise Business Operations Division provides core services that enable success throughout AIR, including human resources, financial management, workforce development, IT support, and information management

Contact AIR-900

Leadership

• Micah Campbell, Acting Director

Flight Standards Service Programs

• Aviation Safety Action Program (ASAP)
• Aviation Safety and Health Program (ASHP)
• Cabin Safety
• Change Management
• Compliance Program
• FAA Safety Program
• FAA Integrated Oversight Philosophy
• International Aviation Assessments Program
• National Aviation Events Program
• National Simulator Program
• Safe Air Charter Operations
• Safety Assurance System (SAS)
• System Approach for Safety Oversight (SASO)
• UAS Integration Office
• Whistleblower Protection Program

Melchor J. Antuñano, M.D., M.S.

Director, Civil Aerospace Medical Institute
Aviation Safety Office of Aerospace Medicine
Federal Aviation Administration

Dr. Antuñano was born in Mexico City, Mexico in 1960. He is a graduate of the National Autonomous University of Mexico School of Medicine and completed post-graduate training in Aviation Medicine at the Mexican Government's National Center of Aviation Medicine in Mexico City, Mexico. He is a graduate of the Residency Program in Aerospace Medicine at Wright State University School of Medicine in Dayton, Ohio. He was awarded a post-doctoral research associateship by the U.S. National Research Council of the National Academy of Sciences at the USAF School of Aerospace Medicine in San Antonio, Texas.

Dr. Antuñano has been the Director of the Federal Aviation Administration (FAA) Civil Aerospace Medical Institute (CAMI) since January 14, 2001. Dr. Antuñano provides executive direction and is responsible for the administrative oversight of FAA Office of Aerospace Medicine's programs in Medical Certification, Medical Education, Medical Research, Human Factors Research, and Occupational Health Services, that are critical and integral elements of the Office of Aviation Safety (AVS). He is the focal point in leading the activities of a professional, technical, and clerical team engaged in the policy development, planning, evaluating, and administering of:

• a program to fulfill the medical certification needs of approximately 580,000 holders of U.S. pilot certificates
• a program for the selection, designation, training, and management of about 2,700 Aviation Medical Examiners (AMEs) appointed to conduct physical examinations and issue FAA medical certificates to pilot certificate holders throughout the U.S. and in 90 countries worldwide
• medical education programs in aviation physiology, global survival, and aviation human factors for FAA flight crews and civil aviation pilots
• medical publications and other didactic materials used to disseminate medical information to promote aerospace safety
• a highly specialized library system in support of a broad range of aerospace medical and safety reference/research programs
• an integrated program of field and laboratory performance research in organizational and human factors aspects of aerospace work environments
• an applied research program to identify human tolerances, capabilities and failure modes (physiological, psychological, and performance) both in uneventful flights, and during civilian inflight incidents and accidents
• an occupational medicine program to improve the safety and provide health services to employees and students at the MMAC.

When he joined the FAA in 1992, Dr. Antuñano served as the Manager of CAMI's Aerospace Medical Education Division, including a special assignment as Acting Manager of the Aerospace Medical Certification Division.

Dr. Antuñano is credited with 873 professional presentations and invited lectures at national and international conferences in aerospace medicine in 41 countries, and with 63 scientific publications covering a variety of aerospace medicine topics.

Dr. Antuñano is Past-President of the International Academy of Aviation and Space Medicine, Fellow and Past-President of the U.S. Aerospace Medical Association, Past-President of the Space Medicine Branch, Past-President of the Iberoamerican Association of Aerospace Medicine, and member of the International Academy of Astronautics.

Dr. Antuñano is an Honorary Member of the Austrian, Brazilian, Colombian, Greek, Mexican, Peruvian, Slovenian and Turkish Societies of Aviation/Aerospace Medicine.

He is an Associate Professor at the University of Texas Medical Branch in Galveston and Adjunct Professor at the National University of Colombia School of Medicine. He is a former faculty member at Wright State University School of Medicine, the Medical Sciences Division of Oak Ridge Institute for Science and Education, the University of Oklahoma Health Sciences Center, and at the Santa Casa de Sao Paulo Medical School in Brazil.

Dr. Antuñano has received 85 awards and recognitions for his academic, administrative, and research achievements including:

• "DOT Secretary's Award for Meritorious Achievement: Silver Medal" granted by the Secretary of the U.S. Department of Transportation for outstanding accomplishments in promoting aviation safety in the U.S. and abroad, through aeromedical education
• "Jay Pardee AVS Champion of Safety Award" granted by the FAA Office of Aviation Safety
• "Arthur S. Flemming Award" granted by the George Washington University for outstanding accomplishments in the promotion of aviation safety in the U.S. and abroad through the exercise of inspiring leadership and professionalism.

Aircraft Certification - International Office (AIR-40)

The International Office is the focal point for the Aircraft Certification Service's international activities. This office provides liaison support to other FAA organizations, international agencies of the U.S. Government, the International Civil Aviation Organization (ICAO), and other civil aviation authorities (CAAs).

Leadership

• Stephen Burke, Manager

Contact AIR-40

Military Certification Branch

Mission

The Military Certification Branch is dedicated to supporting military commercial derivative aircraft (MCDA) on behalf of the U.S. Armed Services. This office collaborates with a variety of stakeholders to oversee all related safety, certification and business activities. Along with the Policy and Standards Division (AIR-600), the Branch maintains MCDA policies collaboratively developed with the Armed Services to certify mission equipment installations and properly integrate with military airworthiness systems. On behalf of the FAA, the Branch also collaborates on aircraft airworthiness issues across various government agencies as the FAA's representative on the National Airworthiness Council.

Contact the Military Certification Branch

Aircraft Certification Service (AIR)

Safety & Performance Integration Division (AIR-300)

The Safety & Performance Integration Division monitors and assesses the overall internal health of AIR, and provides strategic leadership for planning, program and change management, including aviation safety oversight within the organization.

Contact AIR-300

Leadership

• Micah Campbell, Acting Director