Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Notices 70267 

modification petition for every change 

to the components or design of an 

antitheft device. The significance of 

many such changes could be de 

minimis. Therefore, NHTSA suggests 

that if the manufacturer contemplates 

making any changes, the effects of 

which might be characterized as de 

minimis, it should consult the agency 

before preparing and submitting a 

petition to modify. 

Under authority delegated in 49 CFR 

1.95 

R. Ryan Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2014–27887 Filed 11–24–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Final Decision on Proposed 

Airport Access Restriction 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The FAA has completed its 

review of the application for an airport 

noise and access restriction submitted 

by Los Angeles World Airports (LAWA) 

for the Los Angeles International 

Airport (LAX). The FAA determined 

that the application does not provide 

substantial evidence that the proposed 

restriction meets three of the six 

statutory conditions for approval under 

the Airport Noise and Capacity Act of 

1990 (ANCA). The FAA’s decision was 

signed on November 7, 2014, and 

transmitted to LAWA on November 8, 

2014. 

DATES: Effective date: November 25, 

2014. The effective date of the FAA’s 

decision on the application for a 

mandatory noise and access restriction 

at LAX is November 7, 2014. 

FOR FURTHER INFORMATION CONTACT: 

James Byers, Airport Planning and 

Environmental Division, APP–400, 800 

Independence Avenue SW., 

Washington, DC 20591. Email address: 

jim.byers@faa.gov; telephone: 202–267– 

3007. 

SUPPLEMENTARY INFORMATION: This 

Notice also announces the availability of 

the FAA’s final agency order 

disapproving the proposed access 

restriction at http://faa.gov/airports/

environmental/airport_noise/part_161/. 

The Airport Noise and Capacity Act of 

1990 (hereinafter referred to as ‘‘the 

Act’’ or ‘‘ANCA’’) provides notice, 

review, and approval requirements for 

airports seeking to impose noise or 

access restrictions on Stage 3 aircraft 

operations that become effective after 

October 1, 1990. 49 U.S.C. 47521 et seq. 

ANCA established a 180-day review 

period for the application. Under 14 

CFR 161.313(c)(4)(ii), the review period 

starts on the date of receipt of the 

complete application, which was May 

22, 2014. 

On January 30, 2013, the FAA 

received an application from LAWA 

under Title 14, Code of Federal 

Regulations, 14 CFR part 161, seeking 

the FAA’s review of a proposed Stage 3 

aircraft noise and access restriction at 

LAX. The FAA reviewed the application 

in accordance with 14 CFR 161.313(a), 

and determined it to be incomplete in 

the areas of Noise Exposure Maps 

(NEMs); Noise Study Area; Technical 

Data Supporting Noise Impact Analysis; 

and Cost Benefit Analysis. The FAA 

sent notice of this decision to LAWA on 

March 1, 2013. On March 15, 2013, the 

FAA provided LAWA with additional 

information regarding the types of 

information and analysis required to 

complete the application. 

On March 28, 2013, LAWA stated its 

intent to revise the Part 161 application 

and resubmit it for further review. On 

July 5, 2013, FAA received a 

‘‘Supplemental Analysis’’ from LAWA. 

The FAA reviewed the Supplemental 

Analysis and determined that the 

application continued to be incomplete 

in the areas of Airport Noise Study Area 

and Noise Contours; Technical Data 

Supporting Noise Impact Analysis; and 

Cost Benefit Analysis. The FAA sent 

notice of this decision to LAWA on 

August 2, 2013. On August 20, 2013, 

LAWA stated its intent to supplement 

the Part 161 application and resubmit it 

to the FAA. On May 12, 2014, FAA 

received LAWA’s supplemented 

application, followed by an errata sheet 

on May 22, 2014. On June 10, 2014, 

FAA determined LAWA’s application to 

be complete. On June 27, 2014, the FAA 

published a notice in the Federal 

Register announcing its determination 

that LAWA’s application was complete 

and inviting public comments. 79 FR 

36577. The FAA received 21 separate 

comments, which the FAA considered 

during its evaluation of the LAWA 

application. 

By law, the FAA may only approve a 

noise or access restriction affecting the 

operations of Stage 3 aircraft if the 

applicant demonstrates, by substantial 

evidence, that each of six statutory 

conditions have been met. These six 

statutory conditions of approval are: 

• Condition 1: The restriction is 

reasonable, nonarbitrary, and 

nondiscriminatory; 

• Condition 2: The restriction does 

not create an undue burden on interstate 

or foreign commerce; 

• Condition 3: The proposed 

restriction maintains safe and efficient 

use of the navigable airspace; 

• Condition 4: The proposed 

restriction does not conflict with any 

existing Federal statute or regulation; 

• Condition 5: The applicant has 

provided adequate opportunity for 

public comment on the proposed 

restriction; and 

• Condition 6: The proposed 

restriction does not create an undue 

burden on the national aviation system. 

The FAA evaluated LAWA’s 

application under the provisions of 

ANCA and 14 CFR 161.317 and 

determined that the application satisfies 

the requirements under Condition 3, 

Condition 5, and Condition 6. However, 

the application does not satisfy the 

requirements under Condition 1, 

Condition 2, or Condition 4. Therefore, 

in accordance with the requirements set 

forth in ANCA, the FAA disapproved 

the application on November 7, 2014. 

Questions may be directed to the 

individual named above under the 

heading FOR FURTHER INFORMATION

CONTACT. 

Issued in Washington, DC, on November 

17, 2014. 

Elliott Black, 

Director, Office of Airport Planning and 

Programming. 

[FR Doc. 2014–27815 Filed 11–24–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Random Drug and Alcohol Testing 

Percentage Rates of Covered Aviation 

Employees for the Period of January 1, 

2015, Through December 31, 2015 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA has determined that 

the minimum random drug and alcohol 

testing percentage rates for the period 

January 1, 2015, through December 31, 

2015, will remain at 25 percent of 

safety-sensitive employees for random 

drug testing and 10 percent of safetysensitive employees for random alcohol 

testing. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vicky Dunne, Office of Aerospace 

Medicine, Drug Abatement Division, 

Program Policy Branch (AAM–820), 

Federal Aviation Administration, 800 

Independence Avenue SW., Room 806, 


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