[Code of Federal Regulations] [Title 14, Volume 2, Parts 60 to 139] [Revised as of January 1, 1999] From the U.S. Government Printing Office via GPO Access [CITE: 14CFR65.46b] [Page 121] TITLE 14--AERONAUTICS AND SPACE CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Continued) PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS--Table of Contents Subpart B--Air Traffic Control Tower Operators Sec. 65.46b Testing for alcohol. (a) Each air traffic control facility not operated by the FAA or the U.S. military (hereinafter employer) must establish an alcohol misuse prevention program in accordance with the provisions of appendix J to part 121 of this chapter. (b) No employer shall use any person who meets the definition of covered employee in appendix J to part 121 to perform a safety-sensitive function listed in that appendix unless such person is subject to testing for alcohol misuse in accordance with the provisions of appendix J. [Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]