Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 12081 

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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Red Dog Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

List 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, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for 14 CFR 

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 [Amemded] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 

September 15, 2006, is amended as 

follows: 

* * * * * 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the Earth. 

* * * * * 

AAL AK E5 Red Dog, AK [Revised] 

Red Dog, AK 

(Lat. 68°01′56′′ N., long. 162°53′67′′ W.) 

Noatak NDB/DME, AK 

(Lat. 67°34′19′′ N., long. 162°58′26′′ W.) 

Selawik, VOR/DME, AK 

(Lat. 66°35′58′′ N., long. 159°59′27′′ W.) 

* * * * * 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Red Dog Airport, AK; and that 

airspace extending upward from 1,200 ft. 

above the surface within a 14-mile radius of 

the Red Dog Airport, AK, and within 5 miles 

either side of a line from the Selawik VOR/ 

DME, AK, to lat. 67°38′06′′ N., long. 

162°21′42′′ W., to lat. 67°54′30′′ N., long. 

163°00′00′′ W., and within 5 miles either side 

of a line from the Noatak NDB/DME, AK, to 

lat. 67°50′20′′ N., long. 163°19′16′′ W., and 

within a 5-mile radius of lat. 67°50′20′′ N., 

long. 163°19′16′′ W. 

Issued in Anchorage, AK, on March 6, 

2007. 

Michael A. Tarr, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. 07–1215 Filed 3–14–07; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2007–27294; Airspace 

Docket No. 06–ASO–17 

RIN 2120–AA66 

Change of Controlling Agency for 

Restricted Area R–6601; Fort A.P. Hill, 

VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action updates the name 

of the controlling agency for Restricted 

Area R–6601, Fort A.P. Hill, VA. The 

FAA is taking this action to reflect the 

correct facility name. This is an 

administrative change that does not 

alter the boundaries, designated 

altitudes, time of designation, or 

activities conducted within R–6601. 

DATES: Effective Dates: 0901 UTC, May 

10, 2007. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules, Office of 

System Operations Airspace and AIM, 

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 name of the controlling 

agency for Restricted Area R–6601, Fort 

A.P. Hill, VA, from ‘‘FAA, Potomac 

Approach,’’ to ‘‘FAA, Potomac 

TRACON.’’ This change is 

administrative only and does not affect 

the boundaries, designated altitudes, or 

activities conducted within the 

restricted areas. Therefore, notice and 

public procedure under 5 U.S.C. 553(b) 

is unnecessary. 

Section 73.66 of Title 14 CFR part 73 

was republished in FAA Order 7400.8N, 

dated February 16, 2007. 

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 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. 

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. 

Adoption of 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. 

§ 73.66 [Amended] 

■ 2. § 73.66 is amended as follows: 

* * * * * 

R–6601 Fort A.P. Hill, VA [Amended] 

■ Under controlling agency, by 

removing the words ‘‘FAA, Potomac 

Approach,’’ and inserting the words 

‘‘FAA, Potomac TRACON.’’

* * * * * 


rmajette on PROD1PC67 with RULES
12082 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Rules and Regulations 

Issued in Washington, DC, on March 8, 

2007. 

Ellen Crum, 

Acting Manager, Airspace and Rules. 

[FR Doc. E7–4683 Filed 3–14–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–1998–4521; Amendment 

No. 121–332] 

RIN 2120–AF07 

Drug and Alcohol Testing 

Requirements 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Federal Aviation 

Administration (FAA) is making minor 

technical changes to update references 

to various types of commercial operators 

within the drug and alcohol testing 

regulations. In the final rule, ‘‘National 

Air Tour Safety Standards’’ (Air Tours) 

published on February 13, 2007, we 

changed the regulatory sections that 

referred to sightseeing operators that did 

not hold a certificate but that continued 

to be subject to drug and alcohol testing 

requirements. In addition, this technical 

amendment updates other references in 

the drug and alcohol testing regulations 

including addresses. The intent of this 

amendment is to avoid confusion 

created by inconsistent terms and 

references within the FAA’s regulations. 

DATES: Effective Dates: Effective on 

March 15, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Patrice M. Kelly, Deputy Division 

Manager, Drug Abatement Division, 

Office of Aerospace Medicine, 800 

Independence Ave. SW., Washington, 

DC, 20591. (202) 267–3123; 

patrice.kelly@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Technical Amendment 

This technical amendment will 

update several references in the FAA’s 

drug and alcohol testing regulations in 

Title 14 of the Code of Federal 

Regulations (14 CFR), part 121, 

appendices I and J. In addition, this 

amendment will change the location 

where registrations will be sent, so that 

the appropriate offices will receive the 

drug and alcohol testing registration 

information. 

Since the inception of the drug testing 

rules in 1988, and the alcohol testing 

regulations in 1994, the FAA has 

included any sightseeing operator 

defined in 14 CFR 135.1(c) as an 

‘‘employer’’ that was required to meet 

the drug and alcohol testing 

requirements set forth in 14 CFR part 

121, appendices I and J. Under the Air 

Tours final rule, the FAA has moved the 

former § 135.1(c) operators to the newly 

created § 91.147 of 14 CFR. In this 

amendment, we are changing all 

references to the term ‘‘Operator’’ as 

defined in § 135.1(c) to reference the 

new definition of ‘‘Operator’’ in 

§ 91.147. 

The ‘‘National Air Tour Safety 

Standards’’ final rule requires that a 

§ 91.147 operator register its drug and 

alcohol testing program with the Flight 

Standards District Office nearest its 

principal place of business. The 

technical amendment reflects that 

change to several sections in appendices 

I and J of part 121. If this change is not 

made, these small operators would be 

required to file the same company 

contact information with multiple FAA 

offices. The amendment also updates 

the addresses where a repair station can 

file its program with the FAA, if the 

repair station opts to have its own 

testing program. 

We are updating references to ‘‘a part 

121 certificate holder’’ and ‘‘a part 135 

certificate holder.’’ The drug and 

alcohol testing regulations will now 

refer to ‘‘part 119 certificate holders 

with authority to operate under parts 

121 and/or 135,’’ which is a technically 

more accurate description. 

In both appendix I, section IX, and 

appendix J, section VII, we eliminated 

paragraph ‘‘C.2’’ to incorporate it in the 

caption within the chart. The chart that 

appeared in paragraph ‘‘C.2’’ now 

appears in the newly redesignated 

paragraph ‘‘C.’’ We made this change to 

avoid confusion and redundancy. We 

also removed an ‘‘e.g.’’ provision in the 

C.2 chart found in both appendix I, 

section IX, and appendix J, section VII. 

The ‘‘e.g.’’ in paragraph ‘‘C.2’’ was not 

used elsewhere in the charts, and was 

not a substantive provision. 

Justification for Immediate Adoption 

On the basis of the above, the FAA 

does not find that this amendment is a 

substantial action that requires 30 days 

after publication before it becomes 

effective, and that notice and public 

comment under 5 U.S.C. 533(b) are 

unnecessary and contrary to the public 

interest. Further, I find that good cause 

exists under 5 U.S.C. 533(d) for making 

this rule effective on the same day that 

the National Air Tour Safety Standards 

final rule becomes effective (March 15, 

2007), so that references to sections 

amended in the final rule are up to date. 

List of Subjects in 14 CFR Part 121 

Aircraft, Airmen, Aviation Safety, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, Title 14 of the Code of 

Federal Regulations (CFR) part 121 is 

amended as follows: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

41706, 44101, 44701–44702, 44705, 44709–

44711, 44713, 44716–44717, 44722, 44901, 

44903–44904, 44912, 45101–45105, 46105. 

■ 2. Amend appendix I to part 121 as 

follows: 

■ A. Amend section II, to revise the 

definition of ‘‘Employer’’; and 

■ B. Amend section IX by revising 

paragraphs A, B, C, D.1.e., E.1.f., and 

E.2. 

The revisions read as follows: 

Appendix I to Part 121—Drug Testing 

Program 

* * * * * 

II. Definitions. * * * 

* * * * * 

Employer is a part 119 certificate holder 

with authority to operate under parts 121 

and/or 135, an operator as defined in 

§ 91.147 of this chapter, or an air traffic 

control facility not operated by the FAA or 

by or under contract to the U.S. Military. An 

employer may use a contract employee who 

is not included under that employer’s FAAmandated antidrug program to perform a 

safety-sensitive function only if that contract 

employee is included under the contractor’s 

FAA-mandated antidrug program and is 

performing a safety-sensitive function on 

behalf of that contractor (i.e., within the 

scope of employment with the contractor.) 

* * * * * 

IX. Implementing an Antidrug Program. 

A. Each company must meet the 

requirements of this appendix. Use the 

following chart to determine whether your 

company must obtain an Antidrug and 

Alcohol Misuse Prevention Program 

Operations Specification or whether you 

must register with the FAA: 


rmajette on PROD1PC67 with RULES