United States DC Circuit

Substance of final rule amending drug and alcohol testing regulations to expressly mandate that air carriers require drug and alcohol tests of all employees and of contractors who perform safety-related functions is upheld, however, respondent's Regulatory Flexibility Act determination is remanded as contractors and subcontractors are regulated employers and that the RFA therefore requires that the FAA consider the economic impact of the final rule on them.

Appellate Information

• Argued 03/28/2007
• Decided 07/17/2007
• Published 07/17/2007

Judges

• Before:  SENTELLE, HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Albert J. Givray and Andrew D. Herman argued the cause for the petitioners.  Jere W. Glover and Marshall S. Filler were on brief.


• For Appellees:
  
• Edward Himmelfarb, Attorney, United States Department of Justice, argued the cause for the respondent.  Peter D. Keisler, Assistant Attorney General, Leonard Schaitman, Attorney, United States Department of Justice, and Paul M. Geier, Assistant General Counsel, Federal Motor Carrier Safety Administration, were on brief.  Mark W. Pennak, Attorney, United States.   Department of Justice, entered an appearance., Lee Seham and James R. Klimaski were on brief for amicus curiae Aircraft Mechanics Fraternal Association in support of the respondent.