52230 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 2006 United States Area 

Navigation Routes 

* * * * * 

Q–37 FST, TX to PUB, CO [New] 

FST VORTAC 

(Lat. 30°57′08′′ N., long. 102°58′33′′ W.) 

CAVRN Fix 

(Lat. 31°49′31′′ N., long. 104°00′42′′ W.) 

YORUB WP 

(Lat. 32°55′52′′ N., long. 104°14′01′′ W.) 

IMMAS Fix 

(Lat. 34°54′18′′ N., long. 104°18′53′′ W.) 

PUB VORTAC 

(Lat. 38°17′39′′ N., long. 104°25′46′′ W.) 

* * * * * 

Issued in Washington, DC, on August 15, 

2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–21290 Filed 8–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0378; Airspace 

Docket No. 11–AEA–11] 

Establishment of Class E Airspace; 

Forest, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Forest, VA, to 

accommodate the new Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures serving New London 

Airport. This action enhances the safety 

and airspace management of Instrument 

Flight Rules (IFR) operations within the 

National Airspace System. 

DATES: Effective 0901 UTC, October 20, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On June 13, 2011, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish Class 

E airspace at Forest, VA (76 FR 34196) 

Docket No. FAA–2011–0378. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes the Class E airspace 

extending upward from 700 feet above 

the surface at Forest, VA, to provide the 

controlled airspace required to support 

the new RNAV GPS standard 

instrument approach procedures 

developed for New London Airport. 

This action is necessary for the safety 

and management of IFR operations at 

the airport. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under 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 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 establishes controlled airspace at New 

London Airport, Forest, VA. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth 

* * * * * 

AEA VA E5 Forest, VA [New] 

New London Airport, VA 

(Lat. 37°16′18′′ N., long. 79°20′9′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8.4-mile 

radius of the New London Airport, and 

within 2 miles either side of the 347° bearing 

from the airport extending from the 8.4-mile 

radius to 12.1 miles northwest of the airport. 

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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52231 

Issued in College Park, Georgia, on August 

9, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–21284 Filed 8–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91, 119, 125, 133, 137, 

141, 142, 145, and 147 

[Docket No. FAA–2008–1154; Amendment 

Nos. 91–325, 119–5, 125–61, 133–14, 137– 

16, 141–16, 142–8, 145–29, and 147–7] 

RIN 2120–AJ36 

Restrictions on Operators Employing 

Former Flight Standards Service 

Aviation Safety Inspectors 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule will prohibit any 

person holding a certificate from 

knowingly employing, or making a 

contractual arrangement with, certain 

individuals to act as an agent or a 

representative of the certificate holder 

in any matter before the FAA under 

certain conditions. These restrictions 

will apply if the individual, in the 

preceding 2-year period directly served 

as, or was directly responsible for the 

oversight of, a Flight Standards Service 

Aviation Safety Inspector, and had 

direct responsibility to inspect, or 

oversee the inspection of, the operations 

of the certificate holder. This rule will 

also apply to persons who own or 

manage fractional ownership program 

aircraft that are used to conduct 

operations under specific regulations 

described in this document. This rule 

will establish these restrictions to 

prevent potential organizational 

conflicts of interest which could 

adversely affect aviation safety. 

DATES: Effective Date: This amendment 

becomes effective October 21, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Nancy Lauck Claussen, 

Federal Aviation Administration, Air 

Transportation Division, AFS–200, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8166; e-mail 

Nancy.L.Claussen@faa.gov. For legal 

questions concerning this final rule, 

contact Paul G. Greer, Federal Aviation 

Administration, Office of the Chief 

Counsel, 800 Independence Avenue, 

SW., Washington, DC 20591; telephone 

202–267–3073; e-mail 

Paul.G.Greer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, section 

106 describes the authority of the FAA 

Administrator, to include the authority 

to issue, rescind, and revise regulations. 

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, chapter 

447, Safety Regulation. Under section 

44701(a) the FAA is charged with 

promoting the safe flight of civil aircraft 

in air commerce by prescribing 

regulations and minimum standards for 

other practices, methods, and 

procedures necessary for safety in air 

commerce and national security. 

I. Background 

On March 5, 2008, the FAA proposed 

a $10.2 million civil penalty against a 

major airline for operating 46 airplanes 

without performing mandatory 

inspections for fuselage fatigue cracking. 

The FAA alleged that the airline 

operated 46 Boeing 737 airplanes on 

almost 60,000 flights from June 2006 to 

March 2007 while failing to comply 

with an existing FAA Airworthiness 

Directive (AD) that required repetitive 

inspections of certain fuselage areas to 

detect fatigue cracking. 

Based on this event, on June 30, 2008, 

the Department of Transportation (DOT) 

Office of Inspector General issued a 

report on its review of the FAA’s 

oversight of airlines and use of 

regulatory partnership programs. The 

report concluded that the FAA 

Certificate Management Office (CMO) 

overseeing the airline that failed to 

perform the required inspections had 

developed an overly collaborative 

relationship with the airline. The report 

recommended that the FAA should 

enhance management controls by 

implementing post-employment 

guidance that includes a ‘‘cooling-off’’ 

period to prohibit an air carrier from 

hiring an FAA Flight Standards Service 

Aviation Safety Inspector (AFS ASI) 

who previously inspected that air 

carrier from acting in any type of liaison 

capacity between it and the FAA. A full 

copy of the report is contained in the 

docket for this rulemaking. 

On September 2, 2008, an 

independent review team, appointed by 

former Secretary of Transportation Mary 

E. Peters on May 1, 2008 to examine the 

FAA’s safety culture and its 

implementation of safety management 

systems, issued its report titled, 

‘‘Managing Risks in Civil Aviation: A 

Review of the FAA’s Approach to 

Safety.’’ The report stated that ‘‘[t]he 

FAA, like all other regulators, faces the 

danger of regulatory capture. Capture 

occurs when a regulatory agency draws 

so close to those with whom it deals on 

a daily basis (i.e. the regulated) that the 

agency ends up elevating their concerns 

at the expense of the agency’s core 

mission.’’ A full copy of the report may 

be found in the docket for this 

rulemaking. 

A. Summary of the NPRM 

The NPRM was published in the 

Federal Register on November 20, 2009 

(74 FR 60218) and the comment period 

closed on February 18, 2010. The NPRM 

proposed to prohibit any person holding 

a certificate to conduct operations under 

parts 121, 125, 133, 135, 137, 141, 142, 

145 or 147 from knowingly employing, 

or making a contractual arrangement 

with, certain individuals to act as an 

agent or a representative of the 

certificate holder in any matter before 

the FAA under certain conditions. 

These restrictions would apply if the 

individual, in the preceding 2-year 

period: (1) Directly served as, or was 

directly responsible for the oversight of, 

an AFS ASI; and (2) had direct 

responsibility to inspect, or oversee the 

inspection of, the operations of the 

certificate holder. The NPRM also 

proposed to apply to persons who own 

or manage fractional ownership program 

aircraft that are used to conduct 

operations under subpart K of part 91. 

The FAA proposed to establish these 

restrictions to prevent potential 

organizational conflicts of interest 

which could adversely affect aviation 

safety. 

B. Discussion of the Comments 

The FAA received five comments on 

the proposed rule, all from individual 

commenters. The FAA did not receive 

comments from airlines, trade 

associations, or labor organizations. The 

three adverse comments addressed the 

applicability of the rule, and the 

potential burdens the rule could create. 

Two comments expressed support for 

the rule. Commenters also suggested 

changes, as discussed more fully in this 

section. 

1. Applicability of Employment 

Prohibition to Additional FAA 

Employees 

Two individual commenters stated 

that the provisions in the proposed rule 

should be expanded to include FAA 

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