14 CFR § 120.9 - Waivers for Part 145 certificate holders outside the territory of the United States.
---
identifier: "/us/cfr/t14/s120.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 120.9 - Waivers for Part 145 certificate holders outside the territory of the United States."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "120.9"
section_name: "Waivers for Part 145 certificate holders outside the territory of the United States."
chapter_name: "FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "G"
subchapter_name: "AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS"
part_number: "120"
part_name: "DRUG AND ALCOHOL TESTING PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 106(f), 40101-40103, 40113, 40120, 41706, 41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 46105, 46306."
regulatory_source: "Docket FAA-2008-0937, 74 FR 22653, May 14, 2009, unless otherwise noted."
cfr_part: "120"
---
# 120.9 Waivers for Part 145 certificate holders outside the territory of the United States.
(a) A part 145 certificate holder whose employees perform safety-sensitive maintenance functions on part 121 air carrier aircraft outside the territory of the United States may request a waiver from the Administrator from any requirements under 14 CFR part 120, subpart E or F, if specific requirements of subpart E or F are inconsistent with the laws of the country where the repair station is located.
(b) Each waiver request must include, at a minimum, the following elements:
(1) Information about the organization, including the name and mailing address and, if desired, other contact information such as a fax number, telephone number, or email address;
(2) The specific section or sections of this part from which the organization seeks a waiver;
(3) The reasons why granting the waiver would not adversely affect the prevention of accidents and injuries resulting from the use of prohibited drugs and/or the misuse of alcohol by employees;
(4) A copy of the law that is inconsistent with the provision(s) of this part from which a waiver is sought;
(5) An explanation of how the law is inconsistent with the provision(s) of this part from which a waiver is sought; and
(6) A description of the alternative means that will be used to achieve the objectives of the provision that is the subject of the waiver or, if applicable, a justification of why it would be impossible to achieve the objectives of the provision in any way.
(c) Each request for a waiver must be submitted to the Federal Aviation Administration, Office of Aerospace Medicine, in a form and manner acceptable to the Administrator.
(d) Each request for a waiver must be submitted at least 90 days before the organization needs it to take effect.
[Docket FAA-2012-1058, Amdt. 120-3, 89 FR 103447, Dec. 18, 2024]