12558 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

Note 2: Design approval holders are not 

expected to release service instructions for 

this action. 

Compliance with Federal Aviation 

Regulations 

(h) Notwithstanding the requirements of 

Sections 25.1447, 121.329, 121.333, and 

129.13 of the Federal Aviation Regulations 

(14 CFR 25.1447, 121.329, 121.333, and 

129.13), operators complying with this AD 

are authorized to operate affected airplanes 

until this action is superseded by other 

rulemaking. 

Parts Installation 

(i) After the effective date of this AD, no 

person may install a chemical oxygen 

generator in any lavatory on any affected 

airplane. 

Special Flight Permit 

(j) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Transport Standards 

Staff, ANM–110, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to an individual identified 

in either paragraph (k)(1)(i) or (k)(1)(ii) of this 

AD. 

(i) Jeff Gardlin, Aerospace Engineer, Cabin 

Safety Branch, ANM–115, FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2136; fax (425) 227– 

1149; e-mail jeff.gardlin@faa.gov. 

(ii) Robert Hettman, Aerospace Engineer, 

Propulsion and Mechanical Systems Branch, 

ANM–112, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2683; fax (425) 227–1149; e-mail 

robert.hettman@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector 

or, lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Contact Information 

(l) For technical information about this AD, 

contact: 

(1) Jeff Gardlin, Aerospace Engineer, Cabin 

Safety Branch, ANM–115, FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2136; fax (425) 227– 

1149; e-mail jeff.gardlin@faa.gov. 

(2) Robert Hettman, Aerospace Engineer, 

Propulsion and Mechanical Systems Branch, 

ANM–112, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2683; fax (425) 227–1149; e-mail 

robert.hettman@faa.gov. 

(m) For FAA Flight Standards information 

about this AD, contact the manager at your 

local certificate management office (CMO) or 

certificate management team (CMT). 

Issued in Renton, Washington, on March 2, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–5292 Filed 3–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2011–0055; Airspace 

Docket No. 11–AAL–2] 

Amendment to Special Use Airspace 

Restricted Areas R–2203, and R–2205; 

Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This action amends the using 

agency of Restricted Areas R–2203 A, B, 

& C; Eagle River, AK, and R–2205, 

Stuart Creek, AK. These changes reflect 

the U.S. Army’s current organization in 

Alaska. There are no changes to the 

boundaries, designated altitudes, time of 

designation, or activities conducted 

within the affected restricted areas. 

DATES: Effective Date 0901 UTC, May 5, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace, Regulations and 

ATC Procedures Group, Office of 

Mission Support Services, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

changing the R–2203 and R–2205 using 

agency of Special Use Airspace to, ‘‘U.S. 

Army, AK (USARAK), Commanding 

General, Fort Richardson, AK’’. This is 

an administrative change and does not 

affect the boundaries, or operating 

requirements of the airspace, therefore, 

notice and public procedures under 5 

U.S.C. 533(b) is unnecessary. 

Section 73.22 of Title 14 CFR part 73 

was republished in FAA Order 7400.8S, 

effective February 16, 2010. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Restricted Areas in Alaska. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311d, 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.22 [Amended] 

■ 2. Section 73.22 is amended as 

follows: 

* * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 12559 

R–2203A Eagle River, AK [Amended] 

By removing the existing Using Agency 

information and substituting the following: 

Using agency. U.S. Army, AK (USARAK), 

Commanding General, Fort Richardson, AK. 

R–2203B Eagle River, AK [Amended] 

By removing the existing Using Agency 

information and substituting the following: 

Using agency. U.S. Army, AK (USARAK), 

Commanding General, Fort Richardson, AK. 

R–2203C Eagle River, AK [Amended] 

By removing the existing Using Agency 

information and substituting the following: 

Using agency. U.S. Army, AK (USARAK), 

Commanding General, Fort Richardson, AK. 

* * * * * 

R–2205 Stuart Creek, AK [Amended] 

By removing the existing Using Agency 

information and substituting the following: 

Using agency. U.S. Army, AK (USARAK), 

Commanding General, Fort Richardson, AK. 

Issued in Washington, DC, on March 2, 

2011. 

Rodger A. Dean, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–5246 Filed 3–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No.: FAA–2002–11301; Amendment 

No. 121–315A] 

RIN 2120–AH14 

Antidrug and Alcohol Misuse 

Prevention Programs for Personnel 

Engaged in Specified Aviation 

Activities; Supplemental Regulatory 

Flexibility Determination 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; supplemental 

regulatory flexibility determination. 

SUMMARY: This document announces the 

completion and availability of a 

supplemental regulatory flexibility 

determination for a previously 

published final rule. That final rule 

amended the FAA regulations governing 

drug and alcohol testing to clarify that 

each person who performs a safetysensitive function for a regulated 

employer by contract, including 

bysubcontract at any tier, is subject to 

testing. 

DATES: Submit comments on or before 

May 9, 2011. 

ADDRESSES: Send comments identified 

by docket number 2002–11301 using 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Nance, Office of Aviation Policy 

and Plans, APO–300, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3311; e-mail 

nicole.nance@faa.gov. For legal 

questions concerning this document, 

contact Anne Bechdolt, Regulations 

Division, AGC–220, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–7230; e-mail 

anne.bechdolt@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 28, 2002, the FAA issued 

a notice of proposed rulemaking seeking 

to revise the drug and alcohol testing 

regulations by amending the definition 

of employee (67 FR. 9366, 9377, Feb. 28, 

2002). The FAA action addressed those 

individuals performing safety-sensitive 

functions under contract who may not 

have been subject to testing under the 

drug and alcohol testing regulations 

established in 1988 and 1994, 

respectively. Upon review of comments, 

the FAA, in 2004, issued a 

supplemental notice of proposed 

rulemaking to seek comment regarding 

how small entities would be impacted 

by this rule (69 FR 27980, May 17, 

2004). From the comments received the 

FAA believed that the rule would not 

have a significant impact on a 

substantial number of small entities. 

On January 10, 2006, the FAA issued 

the final rule (71 FR 1666). This rule 

requires that each person who performs 

a safety-sensitive aviation function 

directly for an employer is subject to 

testing and that each person who 

performs a safety-sensitive function at 

any tier of a contract for that employer 

is also subject to testing. This 

requirement includes contractors and 

subcontractors. Contracting companies 

have two testing options: Option one is 

for the contracting company to obtain 

and implement its own FAA drug and 

alcohol (D&A) testing programs. Under 

this option, the company would subject 

the individuals to testing. The other 

option is for the regulated employer to 

maintain its own testing programs and 

subject the individual to testing under 

these programs. To establish a D&A 

program a company would need to 

develop and maintain testing, training, 

and annual reporting requirements. 

To comply with the Regulatory 

Flexibility Analysis (RFA), and to 

evaluate the impact on small businesses, 

the FAA described and estimated the 

number of affected businesses and 

estimated the economic impact. In the 

final regulatory flexibility analysis the 

FAA estimated that the costs were 

minimal, and that contractors would 

absorb some of these costs. In order to 

estimate the maximum impact of this 

regulation on regulated entities the FAA 

assumed that all of the additional cost 

would be passed along to regulated 

employers. Since costs were minimal, 

the FAA again certified that the rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 71 FR 1666, 1674 (Jan. 10, 

2006) 

The Aeronautical Repair Station 

Association, Inc., (ARSA) and other 

affected businesses challenged the final 

rule on several grounds, including the 

FAA’s compliance with the Regulatory 

Flexibility Act. The entities argued that 

contractors and subcontractors were 

directly affected by the final rule, and in 

failing to consider them in the final 


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