§102. Department of Transportation — Inbound Citations

49 U.S.C. § 102

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 201 regulations in the Code of Federal Regulations.

49 C.F.R. § 3.1 — Description.

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49 C.F.R. § 40.1 — Who does this regulation cover?

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49 C.F.R. § 40.101 — What relationship may a laboratory have with an MRO?

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49 C.F.R. § 40.107 — Who may inspect laboratories?

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49 C.F.R. § 40.109 — What documentation must the laboratory keep, and for how long?

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49 C.F.R. § 40.11 — What are the general responsibilities of employers under this regulation?

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49 C.F.R. § 40.111 — When and how must a laboratory disclose statistical summaries and other information it maintains?

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49 C.F.R. § 40.113 — Where is other information concerning laboratories found in this regulation?

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49 C.F.R. § 40.121 — Who is qualified to act as an MRO?

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49 C.F.R. § 40.123 — What are the MRO's responsibilities in the DOT drug testing program?

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49 C.F.R. § 40.125 — What relationship may an MRO have with a laboratory?

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49 C.F.R. § 40.127 — What are the MRO's functions in reviewing negative test results?

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49 C.F.R. § 40.129 — What are the MRO's functions in reviewing laboratory confirmed non-negative drug test results?

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49 C.F.R. § 40.13 — How do DOT drug and alcohol tests relate to non-DOT tests?

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49 C.F.R. § 40.131 — How does the MRO or DER notify an employee of the verification process after receiving laboratory confirmed non-negative drug test results?

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49 C.F.R. § 40.133 — Without interviewing the employee, under what circumstances may the MRO verify a test result as positive, or as a refusal to test because of adulteration or substitution, or as cancelled because the test was invalid?

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49 C.F.R. § 40.135 — What does the MRO tell the employee at the beginning of the verification interview?

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49 C.F.R. § 40.137 — On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, semi-synthetic opioids, or PCP?

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49 C.F.R. § 40.139 — On what basis does the MRO verify test results involving 6-acetylmorphine, codeine, and morphine?

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49 C.F.R. § 40.14 — What collection information must employers provide to collectors?

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49 C.F.R. § 40.141 — How does the MRO obtain information for the verification decision?

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49 C.F.R. § 40.143 — [Reserved]

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49 C.F.R. § 40.145 — On what basis does the MRO verify test results involving adulteration or substitution?

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49 C.F.R. § 40.147 — [Reserved]

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49 C.F.R. § 40.149 — May the MRO change a verified drug test result?

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49 C.F.R. § 40.15 — May an employer use a service agent to meet DOT drug and alcohol testing requirements?

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49 C.F.R. § 40.151 — What are MROs prohibited from doing as part of the verification process?

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49 C.F.R. § 40.153 — How does the MRO notify employees of their right to a test of the split specimen?

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49 C.F.R. § 40.155 — What does the MRO do when a negative or positive test result is also dilute?

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49 C.F.R. § 40.157 — [Reserved]

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49 C.F.R. § 40.159 — What does the MRO do when a drug test result is invalid?

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49 C.F.R. § 40.160 — What does the MRO do when a valid test result cannot be produced and a negative result is required?

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49 C.F.R. § 40.161 — What does the MRO do when a drug test specimen is rejected for testing?

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49 C.F.R. § 40.162 — What must MROs do with multiple verified results for the same testing event?

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49 C.F.R. § 40.163 — How does the MRO report drug test results?

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49 C.F.R. § 40.165 — To whom does the MRO transmit reports of drug test results?

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49 C.F.R. § 40.167 — How are MRO reports of drug results transmitted to the employer?

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49 C.F.R. § 40.169 — Where is other information concerning the role of MROs and the verification process found in this regulation?

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49 C.F.R. § 40.17 — Is an employer responsible for obtaining information from its service agents?

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49 C.F.R. § 40.171 — How does an employee request a test of a split specimen?

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49 C.F.R. § 40.173 — Who is responsible for paying for the test of a split specimen?

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49 C.F.R. § 40.175 — What steps does the first laboratory take with a split specimen?

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49 C.F.R. § 40.177 — What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?

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49 C.F.R. § 40.179 — What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?

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49 C.F.R. § 40.181 — What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result?

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49 C.F.R. § 40.183 — What information do laboratories report to MROs regarding split specimen results?

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49 C.F.R. § 40.185 — Through what methods and to whom must a laboratory report split specimen results?

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49 C.F.R. § 40.187 — What does the MRO do with split specimen laboratory results?

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49 C.F.R. § 40.189 — Where is other information concerning split specimens found in this regulation?

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49 C.F.R. § 40.19 — [Reserved]

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49 C.F.R. § 40.191 — What is a refusal to take a DOT drug test, and what are the consequences?

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49 C.F.R. § 40.193 — What happens when an employee does not provide a sufficient amount of specimen for a drug test?

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49 C.F.R. § 40.195 — What happens when an individual is unable to provide a sufficient amount of specimen for a pre-employment, follow-up, or return-to-duty test because of a permanent or long-term medical condition?

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49 C.F.R. § 40.197 — What happens when an employer receives a report of a dilute urine specimen?

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49 C.F.R. § 40.199 — What problems always cause a drug test to be cancelled?

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49 C.F.R. § 40.201 — What problems always cause a drug test to be cancelled and may result in a requirement for another collection?

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49 C.F.R. § 40.203 — What problems cause a drug test to be cancelled unless they are corrected?

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49 C.F.R. § 40.205 — How are drug test problems corrected?

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49 C.F.R. § 40.207 — What is the effect of a cancelled drug test?

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49 C.F.R. § 40.208 — What problems require corrective action but do not result in the cancellation of a test?

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49 C.F.R. § 40.209 — What procedural problems do not result in the cancellation of a test and do not require correction?

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49 C.F.R. § 40.21 — May an employer stand down an employee before the MRO has completed the verification process?

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49 C.F.R. § 40.210 — What kinds of drug tests are permitted under the regulations?

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49 C.F.R. § 40.211 — Who conducts DOT alcohol tests?

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49 C.F.R. § 40.213 — What training requirements must STTs and BATs meet?

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49 C.F.R. § 40.215 — What information about the DER do employers have to provide to BATs and STTs?

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49 C.F.R. § 40.217 — Where is other information on the role of STTs and BATs found in this regulation?

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49 C.F.R. § 40.221 — Where does an alcohol test take place?

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49 C.F.R. § 40.223 — What steps must be taken to protect the security of alcohol testing sites?

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49 C.F.R. § 40.225 — What form is used for an alcohol test?

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49 C.F.R. § 40.227 — May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?

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49 C.F.R. § 40.229 — What devices are used to conduct alcohol screening tests?

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49 C.F.R. § 40.23 — What actions do employers take after receiving verified test results?

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49 C.F.R. § 40.231 — What devices are used to conduct alcohol confirmation tests?

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49 C.F.R. § 40.233 — What are the requirements for proper use and care of EBTs?

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49 C.F.R. § 40.235 — What are the requirements for proper use and care of ASDs?

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49 C.F.R. § 40.241 — What are the first steps in any alcohol screening test?

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49 C.F.R. § 40.243 — What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?

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49 C.F.R. § 40.245 — What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?

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49 C.F.R. § 40.247 — What procedures does the BAT or STT follow after a screening test result?

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49 C.F.R. § 40.25 — Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?

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49 C.F.R. § 40.251 — What are the first steps in an alcohol confirmation test?

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49 C.F.R. § 40.253 — What are the procedures for conducting an alcohol confirmation test?

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49 C.F.R. § 40.255 — What happens next after the alcohol confirmation test result?

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49 C.F.R. § 40.26 — What form must an employer use to report Management Information System (MIS) data to a DOT agency?

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49 C.F.R. § 40.261 — What is a refusal to take an alcohol test, and what are the consequences?

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49 C.F.R. § 40.263 — What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?

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49 C.F.R. § 40.265 — What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?

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49 C.F.R. § 40.267 — What problems always cause an alcohol test to be cancelled?

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49 C.F.R. § 40.269 — What problems cause an alcohol test to be cancelled unless they are corrected?

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49 C.F.R. § 40.27 — May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?

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49 C.F.R. § 40.271 — How are alcohol testing problems corrected?

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49 C.F.R. § 40.273 — What is the effect of a cancelled alcohol test?

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49 C.F.R. § 40.275 — What is the effect of procedural problems that are not sufficient to cancel an alcohol test?

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49 C.F.R. § 40.277 — Are alcohol tests other than saliva or breath permitted under these regulations?

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49 C.F.R. § 40.281 — Who is qualified to act as a SAP?

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49 C.F.R. § 40.283 — How does a certification organization obtain recognition for its members as SAPs?

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49 C.F.R. § 40.285 — When is a SAP evaluation required?

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49 C.F.R. § 40.287 — What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?

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49 C.F.R. § 40.289 — Are employers required to provide SAP and treatment services to employees?

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49 C.F.R. § 40.29 — Where is other information on employer responsibilities found in this regulation?

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49 C.F.R. § 40.291 — What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?

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49 C.F.R. § 40.293 — What is the SAP's function in conducting the initial evaluation of an employee?

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49 C.F.R. § 40.295 — May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?

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49 C.F.R. § 40.297 — Does anyone have the authority to change a SAP's initial evaluation?

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49 C.F.R. § 40.299 — What is the SAP's role and what are the limits on a SAP's discretion in referring employees for education and treatment?

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49 C.F.R. § 40.3 — What do the terms used in this part mean?

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49 C.F.R. § 40.301 — What is the SAP's function in the follow-up evaluation of an employee?

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49 C.F.R. § 40.303 — What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties?

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49 C.F.R. § 40.305 — How does the return-to-duty process conclude?

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49 C.F.R. § 40.307 — What is the SAP's function in prescribing the employee's follow-up tests?

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49 C.F.R. § 40.309 — What are the employer's responsibilities with respect to the SAP's directions for follow-up tests?

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49 C.F.R. § 40.31 — Who may collect specimens for DOT drug testing?

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49 C.F.R. § 40.311 — What are the requirements concerning SAP reports?

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49 C.F.R. § 40.313 — Where is other information on SAP functions and the return-to-duty process found in this regulation?

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49 C.F.R. § 40.321 — What is the general confidentiality rule for drug and alcohol test information?

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49 C.F.R. § 40.323 — May program participants release drug or alcohol test information in connection with legal proceedings?

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49 C.F.R. § 40.325 — [Reserved]

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49 C.F.R. § 40.327 — When must the MRO report medical information gathered in the verification process?

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49 C.F.R. § 40.329 — What information must laboratories, MROs, and other service agents release to employees?

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49 C.F.R. § 40.33 — What training requirements must a collector meet for urine collection?

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49 C.F.R. § 40.331 — To what additional parties must employers and service agents release information?

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49 C.F.R. § 40.333 — What records must employers keep?

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49 C.F.R. § 40.341 — Must service agents comply with DOT drug and alcohol testing requirements?

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49 C.F.R. § 40.343 — What tasks may a service agent perform for an employer?

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49 C.F.R. § 40.345 — In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?

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49 C.F.R. § 40.347 — What functions may C/TPAs perform with respect to administering testing?

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49 C.F.R. § 40.349 — What records may a service agent receive and maintain?

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49 C.F.R. § 40.35 — What training requirements must a collector meet for oral fluid collection?

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49 C.F.R. § 40.351 — What confidentiality requirements apply to service agents?

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49 C.F.R. § 40.353 — What principles govern the interaction between MROs and other service agents?

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49 C.F.R. § 40.355 — What limitations apply to the activities of service agents?

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49 C.F.R. § 40.36 — What information about the DER must employers provide to collectors?

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49 C.F.R. § 40.361 — What is the purpose of a public interest exclusion (PIE)?

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49 C.F.R. § 40.363 — On what basis may the Department issue a PIE?

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49 C.F.R. § 40.365 — What is the Department's policy concerning starting a PIE proceeding?

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49 C.F.R. § 40.367 — Who initiates a PIE proceeding?

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49 C.F.R. § 40.369 — What is the discretion of an initiating official in starting a PIE proceeding?

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49 C.F.R. § 40.37 — Where is other information on the role of collectors found in this regulation?

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49 C.F.R. § 40.371 — On what information does an initiating official rely in deciding whether to start a PIE proceeding?

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49 C.F.R. § 40.373 — Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?

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49 C.F.R. § 40.375 — How does the initiating official start a PIE proceeding?

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49 C.F.R. § 40.377 — Who decides whether to issue a PIE?

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49 C.F.R. § 40.379 — How do you contest the issuance of a PIE?

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49 C.F.R. § 40.381 — What information do you present to contest the proposed issuance of a PIE?

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49 C.F.R. § 40.383 — What procedures apply if you contest the issuance of a PIE?

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49 C.F.R. § 40.385 — Who bears the burden of proof in a PIE proceeding?

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49 C.F.R. § 40.387 — What matters does the Director decide concerning a proposed PIE?

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49 C.F.R. § 40.389 — What factors may the Director consider?

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49 C.F.R. § 40.391 — What is the scope of a PIE?

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49 C.F.R. § 40.393 — How long does a PIE stay in effect?

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49 C.F.R. § 40.395 — Can you settle a PIE proceeding?

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49 C.F.R. § 40.397 — When does the Director make a PIE decision?

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49 C.F.R. § 40.399 — How does the Department notify service agents of its decision?

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49 C.F.R. § 40.40 — What form is used to document a DOT collection?

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49 C.F.R. § 40.401 — How does the Department notify employers and the public about a PIE?

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49 C.F.R. § 40.403 — Must a service agent notify its clients when the Department issues a PIE?

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49 C.F.R. § 40.405 — May the Federal courts review PIE decisions?

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49 C.F.R. § 40.407 — May a service agent ask to have a PIE reduced or terminated?

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49 C.F.R. § 40.409 — What does the issuance of a PIE mean to transportation employers?

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49 C.F.R. § 40.41 — May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?

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49 C.F.R. § 40.411 — What is the role of the DOT Inspector General's office?

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49 C.F.R. § 40.413 — How are notices sent to service agents?

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49 C.F.R. § 40.42 — Where does a urine collection for a DOT drug test take place?

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49 C.F.R. § 40.43 — What steps must operators of collection sites and collectors take to protect the security and integrity of urine collections?

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49 C.F.R. § 40.44 — What materials are used to collect urine specimens?

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49 C.F.R. § 40.45 — What materials are used to send urine specimens to the laboratory?

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49 C.F.R. § 40.47 — Where does an oral fluid collection for a DOT drug test take place?

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49 C.F.R. § 40.48 — What steps must operators of collection sites and collectors take to protect the security and integrity of oral fluid collections?

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49 C.F.R. § 40.49 — What materials are used to collect oral fluid specimens?

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49 C.F.R. § 40.5 — Who issues authoritative interpretations of this regulation?

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49 C.F.R. § 40.51 — What materials are used to send oral fluid specimens to the laboratory?

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49 C.F.R. § 40.61 — What are the preliminary steps in the drug testing collection process?

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49 C.F.R. § 40.63 — What steps does the collector take in the collection process before the employee provides a urine specimen?

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49 C.F.R. § 40.65 — What does the collector check for when the employee presents a urine specimen?

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49 C.F.R. § 40.67 — When and how is a directly observed urine collection conducted?

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49 C.F.R. § 40.69 — How is a monitored urine collection conducted?

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49 C.F.R. § 40.7 — How can you get an exemption from a requirement in this regulation?

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49 C.F.R. § 40.71 — How does the collector prepare the urine specimen?

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49 C.F.R. § 40.72 — What steps does the collector take in the collection process before the employee provides an oral fluid specimen?

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49 C.F.R. § 40.73 — How is an oral fluid specimen collected?

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49 C.F.R. § 40.74 — How does the collector prepare the oral fluid specimens?

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49 C.F.R. § 40.75-40.78 — [Reserved]

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49 C.F.R. § 40.79 — How is the collection process completed?

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49 C.F.R. § 40.81 — What laboratories may be used for DOT drug testing?

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49 C.F.R. § 40.82 — What drugs do laboratories test for?

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49 C.F.R. § 40.83 — How do laboratories process incoming specimens?

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49 C.F.R. § 40.84 — How long does the laboratory retain specimens after testing?

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49 C.F.R. § 40.85 — What are the cutoff concentrations for urine drug tests?

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49 C.F.R. § 40.86 — What is urine validity testing, and are laboratories required to conduct it?

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49 C.F.R. § 40.87 — What validity tests must laboratories conduct on primary urine specimens?

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49 C.F.R. § 40.88 — What criteria do laboratories use to establish that a urine specimen is dilute or substituted?

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49 C.F.R. § 40.89 — What are the adulterant cutoff concentrations for initial and confirmation urine tests?

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49 C.F.R. § 40.90 — What criteria do laboratories use to establish that a urine specimen is invalid?

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49 C.F.R. § 40.91 — What are the cutoff concentrations for oral fluid drug tests?

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49 C.F.R. § 40.92 — What is oral fluid validity testing, and are laboratories required to conduct it?

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49 C.F.R. § 40.93 — What validity tests must laboratories conduct on primary oral fluid specimens?

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49 C.F.R. § 40.95 — What are the adulterant cutoff concentrations for initial and confirmation tests?

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49 C.F.R. § 40.96 — What criteria do laboratories use to establish that a specimen is invalid?

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49 C.F.R. § 40.97 — What do laboratories report and how do they report it?

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49 C.F.R. § 40.99 — How long does the laboratory retain specimens after testing?

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Code of Federal Regulations Citations

Cited by 1 regulation in the Code of Federal Regulations.

49 C.F.R. § 1.89(f) — Delegations to the Federal Railroad Administrator.

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(f) Promote and undertake research and development relating to rail matters generally (49 U.S.C. Chapter 3 (section 301 et seq). and 49 U.S.C. 102).

United States Code Citations

Cited by 22 provisions in release 119-102.

Citations to 49 U.S.C. § 102 as a whole

49 U.S.C. § 5331(a)(1)

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(1) “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) whose use the Secretary decides has a risk to transportation safety.
49 U.S.C. § 20140(a)

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(a) In this section, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation.
49 U.S.C. § 30301(3)

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(3) “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
49 U.S.C. § 31102(c)(2)(O)(iii)

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(iii) when conducted with an appropriate commercial motor vehicle inspection, criminal interdiction activities, and appropriate strategies for carrying out those interdiction activities, including interdiction activities that affect the transportation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time) by any occupant of a commercial motor vehicle;
49 U.S.C. § 31301(5)

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(5) except in section 31306, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
49 U.S.C. § 31306(a)

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(a) In this section and section 31306a, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation.
49 U.S.C. § 40102(a)(41)(F)

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(F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b).
49 U.S.C. § 44106(a)

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(a) In this section, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
49 U.S.C. § 44111(b)(2)

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(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and
49 U.S.C. § 44703(g)(1)

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(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for issuing airman certificates necessary to make the system more effective in serving the needs of airmen and officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) and related to combating acts of terrorism. The modifications shall ensure positive and verifiable identification of each individual applying for or holding a certificate and shall address at least each of the following deficiencies in, and abuses of, the existing system:

(A) the use of fictitious names and addresses by applicants for those certificates.

(B) the use of stolen or fraudulent identification in applying for those certificates.

(C) the use by an applicant of a post office box or “mail drop” as a return address to evade identification of the applicant’s address.

(D) the use of counterfeit and stolen airman certificates by pilots.

(E) the absence of information about physical characteristics of holders of those certificates.
49 U.S.C. § 44710(a)

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(a) In this section, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
49 U.S.C. § 44713(d)(1)

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(1) The Administrator of the Federal Aviation Administration shall make modifications in the system for processing forms for major repairs or alterations to fuel tanks and fuel systems of aircraft not used to provide air transportation that are necessary to make the system more effective in serving the needs of users of the system, including officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). The modifications shall address at least each of the following deficiencies in, and abuses of, the existing system:

(A) the lack of a special identification feature to allow the forms to be distinguished easily from other major repair and alteration forms.

(B) the excessive period of time required to receive the forms at the Airmen and Aircraft Registry of the Administration.

(C) the backlog of forms waiting for processing at the Registry.

(D) the lack of ready access by law enforcement officials to information contained on the forms.
49 U.S.C. § 44741(e)(2)(B)

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(B) the ODA holder has instituted a safety management system in accordance with regulations issued by the Administrator under section 102 of the Aircraft Certification, Safety, and Accountability Act.
49 U.S.C. § 45101

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In this chapter, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.
49 U.S.C. § 46306(c)(1)

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(1) In this subsection, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
49 U.S.C. § 46317(b)(1)

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(1) In this subsection, the term “controlled substance” has the meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
49 U.S.C. § 47123(b)(4)

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(4) In this section, the term “Indian tribal government” has the same meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
49 U.S.C. § 80302(a)(1)

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(1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)), including marihuana (as defined in section 102 of that Act (21 U.S.C. 802)), that—

(A) is possessed with intent to sell or offer for sale in violation of the laws and regulations of the United States;

(B) is acquired, possessed, sold, transferred, or offered for sale in violation of those laws;

(C) is acquired by theft, robbery, or burglary and transported—

(i) in the District of Columbia or a territory or possession of the United States; or

(ii) from a place in a State, the District of Columbia, or a territory or possession of the United States, to a place in another State, the District of Columbia, or a territory or possession; or

(D) does not bear tax-paid internal revenue stamps required by those laws or regulations;

Citations to §102(e)

49 U.S.C. § 44735(a)(2)

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(2) if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety, and Accountability Act; or