You had Your Chance To Speak...but you did not!!
The NPRM was for industry participants to make a comment to the lawmakers.....but most did not say boo.
Notwithstanding the above, the NPRM did not mention that "being present airside at a registered/certified aerodrome (unless a passenger) you are constituting a safety sensitive activity and therefore subject to testing and prosecution.......just standing there doing nothing.
I believe, unless I missed it, this is a gross misleading of the industry during the NPRM process and is grounds for an immediate review as I am sure most of the industry if they were aware of this point of law would have responded.
So here we have a situation where a pilot OFF DUTY jumps the fence at a non registered/certified aerodrome to retrieve his sunglasses and is subject to testing but the refueller attending his aeroplane at the exact point in time CANNOT be tested!!!!
Refuelling an aircraft at a non registered/certified aerodrome IS NOT a Safety Sensitive Activity....only at a registered/certified aerodrome and only because the refueller is PRESENT airside.
CASA also selected <0.02% BAC (UK standard) when they could have chosen <0.04% BAC (US standard).
They said it was based on a safety perspective....so that means the FAA have got it wrong...the largest aviation industry on the planet have got it wrong....how can CASA allow Australian registered airliners to operate in US airspace which is or possibly is overcrowed with what CASA would call pissed pilots!!!!
WRITE TO YOUR FEDERAL MP.