22646 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 

card issuer has established pursuant to 

§ 681.1 of this part. 

(d) Alternative timing of address 

validation. A card issuer may satisfy the 

requirements of paragraph (c) of this 

section if it validates an address 

pursuant to the methods in paragraph 

(c)(1) or (c)(2) of this section when it 

receives an address change notification, 

before it receives a request for an 

additional or replacement card. 

(e) Form of notice. Any written or 

electronic notice that the card issuer 

provides under this paragraph must be 

clear and conspicuous and provided 

separately from its regular 

correspondence with the cardholder. 

§ 681.3 [Removed] 

■ 31. Remove § 681.3. 

Appendix A to Part 681 [Amended] 

■ 32. Appendix A to Part 681 is 

amended by: 

■ a. Revising the introduction; 

■ b. Removing in sections VI(a)(2) and 

VI(b)(1) the term ‘‘§ 681.2,’’ and adding 

in its place the term ‘‘§ 681.1’’; 

■ c. Removing, in Supplement A to 

Appendix A, in paragraph 3, the term 

‘‘§ 681.1(b)’’ and adding in its place the 

term ‘‘§ 641.1(b)’’; 

■ d. Removing, in Supplement A to 

Appendix A, in paragraph 15, the 

phrase ‘‘account number’’ and adding in 

its place the word ‘‘address’’; 

■ e. Removing, in Supplement A to 

Appendix A, in paragraph 15, the 

phrase ‘‘other customers’’ and adding in 

its place the phrase ‘‘by other 

customers’’; and 

■ f. Removing, in Supplement A to 

Appendix A, in paragraph 20, the 

phrase ‘‘patterns of fraud patterns’’ and 

adding in its place the phrase ‘‘patterns 

of fraud’’. 

The revision reads as follows: 

Appendix A to Part 681—Interagency 

Guidelines on Identity Theft Detection, 

Prevention, and Mitigation 

Section 681.1 of this part requires each 

financial institution and creditor that offers 

or maintains one or more covered accounts, 

as defined in § 681.1(b)(3) of this part, to 

develop and provide for the continued 

administration of a written Program to detect, 

prevent, and mitigate identity theft in 

connection with the opening of a covered 

account or any existing covered account. 

These guidelines are intended to assist 

financial institutions and creditors in the 

formulation and maintenance of a Program 

that satisfies the requirements of § 681.1 of 

this part. 

* * * * * 

PART 698—MODEL FORMS AND 

DISCLOSURES 

■ 33. The authority citation for part 698 

continues to read as follows: 

Authority: 15 U.S.C. 1681e, 1681g, 1681j, 

1681m, 1681s, and 1681s–3; sections 211(d) 

and 214(b), Public Law 108–159, 117 

Stat.1952. 

■ 34. Appendix C to Part 698 is 

amended by: 

■ a. Redesignating Model Form C–5 as 

Model Form C–6; and 

■ b. Adding new paragraph B.10 and 

new Model Form C–5 to read as follows: 

Appendix C to Part 698—Model Forms 

for Opt-Out Notices 

* * * * * 

B. * * * 

10. Adding disclosures regarding the 

treatment of opt-outs by joint consumers to 

comply with § 680.23(a)(2) of part 680. 

* * * * * 

C–5—Model Form for Voluntary ‘‘No 

Marketing’’ Notice 

Your Choice To Stop Marketing 

• [Name of Affiliate] is providing this notice. 

• You may choose to stop all marketing from 

us and our affiliates. 

• [Your choice to stop marketing from us and 

our affiliates will apply until you tell us to 

change your choice.] 

To stop all marketing, contact us [include all 

that apply]: 

• By telephone: 1–877–###–#### 

• On the Web: www.—.com 

• By mail: Check the box and complete the 

form below, and send the form to: 

[Company name] 

[Company address] 

lDo not market to me. 

* * * * * 

Appendix C to Part 698 [Amended] 

■ 35. Effective January 1, 2010, newly 

redesignated Model Form C–6 is 

removed. 

By order of the Board of Governors of the 

Federal Reserve System, April 27, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

By the Office of the Comptroller of the 

Currency. 

Julie L. Williams, 

First Senior Deputy Comptroller and Chief 

Counsel. 

By order of the Board of Directors, Federal 

Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

By the Office of Thrift Supervision, 

John E. Bowman, 

Acting Director. 

By order of the National Credit Union 

Administration Board. 

Mary F. Rupp, 

Secretary of the Board. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–10009 Filed 5–13–09; 8:45 am] 

BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P, 

6720–01–P, 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0448; Directorate 

Identifier 2009–NM–052–AD; Amendment 

39–15906; AD 2009–10–10] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2C10 (Regional Jet 

Series 700, 701 & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600– 

2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During testing, it was discovered that when 

the outflow valve (OFV) manual mode 

connector is not connected, the manual mode 

motor and altitude limitation are not 

properly tested. Consequently, a disconnect 


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Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 22647 

of the OFV manual mode and/or a related 

wiring failure could potentially result in a 

dormant loss of several CPC [cabin pressure 

control] backup/safety functions, including 

OFV manual control, altitude limitation, 

emergency depressurization and smoke 

clearance. * * * 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

29, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 29, 2009. 

We must receive comments on this 

AD by June 15, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Fabio Buttitta, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7303; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2009–08, 

dated March 9, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During testing, it was discovered that when 

the outflow valve (OFV) manual mode 

connector is not connected, the manual mode 

motor and altitude limitation are not 

properly tested. Consequently, a disconnect 

of the OFV manual mode and/or a related 

wiring failure could potentially result in a 

dormant loss of several CPC [cabin pressure 

control] backup/safety functions, including 

OFV manual control, altitude limitation, 

emergency depressurization and smoke 

clearance. This deficiency is applicable to 

CPC units, Part Number (P/N) GG670–98002– 

3 and –5, and CPCP [cabin pressure control 

panel], Part Number GG670–98001–5, –7 and 

–9. 

This [Canadian] directive mandates an 

interim repetitive check of the OFV manual 

mode motor and altitude limitation 

functions, followed by modification (software 

update) of the CPC units and the CPCP. 

The corrective action for findings of 

improper OFV manual mode motor or 

altitude limitation functions is replacing 

the valve with a new or serviceable 

valve. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Bombardier has issued Alert Service 

Bulletin A670BA–21–022, dated August 

3, 2006. Bombardier has also issued 

Tasks 21–32–01–000–801 and 21–32– 

01–400–801 of the Bombardier CRJ 

Regional Jet Series Aircraft Maintenance 

Manual, CSP B–001, Part 2, Volume 1, 

Revision 28, dated January 20, 2009. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between the AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of possible latent failure of 

several CPC backup/safety functions, 

including OFV manual control, altitude 

limitation, emergency depressurization, 

and smoke clearance, which could 

result in altitude limitation, emergency 

depressurization, and smoke clearance 

issues. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0448; 

Directorate Identifier 2009–NM–052– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 


jlentini on PROD1PC65 with RULES
22648 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–10–10 Bombardier Inc. (Formerly 

Canadair): Amendment 39–15906. 

Docket No. FAA–2009–0448; Directorate 

Identifier 2009–NM–052–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 29, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2C10 (Regional Jet Series 700, 701, 

& 702) airplanes, certificated in any category, 

serial numbers 10003 through 10260 

inclusive; Model CL–600–2D15 (Regional Jet 

Series 705) airplanes and Model CL–600– 

2D24 (Regional Jet Series 900) airplanes, 

certificated in any category, serial numbers 

15001 through 15095 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 21: Air Conditioning. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

During testing, it was discovered that when 

the outflow valve (OFV) manual mode 

connector is not connected, the manual mode 

motor and altitude limitation are not 

properly tested. Consequently, a disconnect 

of the OFV manual mode and/or a related 

wiring failure could potentially result in a 

dormant loss of several CPC [cabin pressure 

control] backup/safety functions, including 

OFV manual control, altitude limitation, 

emergency depressurization and smoke 

clearance. This deficiency is applicable to 

CPC units, Part Number (P/N) GG670–98002– 

3 and –5, and CPCP [cabin pressure control 

panel], Part Number GG670–98001–5, –7 and 

–9. 

This [Canadian] directive mandates an 

interim repetitive check of the OFV manual 

mode motor and altitude limitation 

functions, followed by modification (software 

update) of the CPC units and the CPCP. 

The corrective action for findings of 

improper OFV manual mode motor and 

altitude limitation functions is replacing the 

valve with a new or serviceable valve. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 450 flight hours after the 

effective date of this AD, inspect the OFV for 

proper operation of the manual mode motor 

and altitude limitation functions, in 

accordance with Part A of the 

Accomplishment Instructions of Bombardier 

Alert Service Bulletin A670BA–21–022, 

dated August 3, 2006 (‘‘the service bulletin’’). 

If the OFV manual mode motor or altitude 

limitation functions do not operate properly, 

before further flight, do the actions specified 

in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. 

Repeat the inspection thereafter at intervals 

not to exceed 450 flight hours. 

Accomplishing the actions specified in 

paragraph (f)(3) of this AD terminates the 

requirements of this paragraph. 

(i) Make sure that the electrical connectors, 

MPE23P1 and MPE23P2, are connected to the 

OFV. 

(ii) Repeat the inspection of the OFV for 

proper operation of the manual mode motor 

and altitude limitation functions, in 

accordance with Part A of the service 

bulletin. If the OFV manual mode motor or 

altitude limitation functions do not operate 

properly, before further flight, replace the 

OFV with a new or serviceable valve in 

accordance with Tasks 21–32–01–000–801 

and 21–32–01–400–801 of the Bombardier 

CRJ Regional Jet Series Aircraft Maintenance 

Manual, CSP B–001, Part 2, Volume 1, 

Revision 28, dated January 20, 2009, and do 

the inspection of the OFV specified in 

paragraph (f)(1) of this AD. 

(2) Prior to accomplishing paragraph (f)(3) 

of this AD: Install modified CPC units, Part 

Number GG670–98002–7, in accordance with 

Part B of the Accomplishment Instructions of 

Bombardier Alert Service Bulletin A670BA– 

21–022, dated August 3, 2006. 

(3) Installing modified CPCPs, Part Number 

GG670–98001–11, in accordance with Part C 

of the Accomplishment Instructions of 

Bombardier Alert Service Bulletin A670BA– 

21–022, dated August 3, 2006, terminates the 

requirements of paragraph (f)(1) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) The MCAI and Bombardier Alert 

Service Bulletin A670BA–21–022, dated 

August 3, 2006, do not describe corrective 

actions for findings of improper OFV manual 

mode motor and altitude limitation 

functions. This AD requires the actions in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, 

which includes replacing the valve if the 

OFV manual mode motor or altitude 

limitation functions do not operate properly. 

(2) This AD does not require the software 

update of the CPC units specified in Part 2 

of the MCAI, and the software update of the 

CPCP specified in Part 3 of the MCAI. The 

planned compliance times for those actions 

would allow enough time to provide notice 

and opportunity for prior public comment on 

the merits of those actions. Therefore, we are 

considering further rulemaking to address 

this issue. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Fabio 

Buttitta, Aerospace Engineer, Airframe and 

Mechanical Systems Branch, ANE–171, FAA, 

New York ACO, 1600 Stewart Avenue, Suite 

410, Westbury, New York 11590; telephone 

(516) 228–7303; fax (516) 794–5531. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 


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Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 22649 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–08, dated March 9, 2009; 

Bombardier Alert Service Bulletin A670BA– 

21–022, dated August 3, 2006; and Tasks 21– 

32–01–000–801 and 21–32–01–400–801 of 

the Bombardier CRJ Regional Jet Series 

Aircraft Maintenance Manual, CSP B–001, 

Part 2, Volume 1, Revision 28, dated January 

20, 2009; for related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Alert Service 

Bulletin A670BA–21–022, dated August 3, 

2006; Task 21–32–01–000–801 of the 

Bombardier CRJ Regional Jet Series Aircraft 

Maintenance Manual, CSP B–001, Part 2, 

Volume 1, Revision 28, dated January 20, 

2009; and Task 21–32–01–400–801, of the 

Bombardier CRJ Regional Jet Series Aircraft 

Maintenance Manual, CSP B–001, Part 2, 

Volume 1, Revision 28, dated January 20, 

2009; as applicable; to do the actions 

required by this AD, unless the AD specifies 

otherwise. The optional terminating actions, 

if done, must be done in accordance with 

Bombardier Alert Service Bulletin A670BA– 

21–022, dated August 3, 2006. Bombardier 

CRJ Regional Jet Series Aircraft Maintenance 

Manual, CSP B–001, Part 2, Volume 1, 

Revision 28, dated January 20, 2009, contains 

the following effective pages: 

LIST OF EFFECTIVE PAGES

Page title/description Page number(s) Revision number Date shown on page(s) 

Title Page ............................................................................... None shown ................... 28 .................................... January 20, 2009. 

List of Chapters ...................................................................... 1–2 .................................. 28 .................................... January 20, 2009. 

Chapter 21 List of Effective Pages ........................................ 1–39 ................................ None shown* .................. January 20, 2009. 

Task 21–32–01–000–801 ...................................................... 401–403 .......................... None shown* .................. July 20, 2008. 

Task 21–32–01–400–801 ...................................................... 408–411 .......................... None shown* .................. July 20, 2008. 

(* The revision level is specified only on the title page and List of Chapters pages of this document.) 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet 

http://www.bombardier.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ibr_

locations.html. 

Issued in Renton, Washington, on May 6, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11139 Filed 5–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 63, 65, 91, 120, 121, 

135 

[Docket No. FAA–2008–0937; Amendment 

Nos. 61–122, 63–37, 65–53, 91–307, 120– 

0, 121–343, 135–117] 

RIN 2120–AJ37 

Drug and Alcohol Testing Program 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the FAA’s 

drug and alcohol regulations to place 

them in a new part. The FAA is not 

making any substantive changes to the 

drug and alcohol regulations in this 

rulemaking. 

DATES: Effective Date: July 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rafael Ramos, Office of Aerospace 

Medicine, Drug Abatement Division, 

AAM–800, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–8442; facsimile 

(202) 267–5200; e-mail 

drugabatement@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of 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 FAA’s authority. 

These rules were originally 

promulgated under the authority 

described in Subtitle VII, Part A Chapter 

451—Alcohol and Controlled 

Substances Testing. Under section 

45102, the FAA is charged with 

prescribing regulations for air carriers 

and foreign air carriers to establish and 

to conduct preemployment, reasonable 

suspicion, random, and post-accident 

drug and alcohol testing. Some of these 

rules, for example those dealing with 

contract air traffic controllers, were 

promulgated under the FAA’s general 

rulemaking authority in 49 U.S.C. 

44701(a)(5). 

This rule is intended to reorganize the 

requirements for drug and alcohol 

testing into a single part. It also clarifies 

the rules by, for example, replacing 

references to appendices I and J with 

references to part 120. It is expected that 

this rule will simplify locating specific 

provisions and changes to those 

provisions for individuals and entities 

required to comply with the FAA’s drug 

and alcohol testing requirements. For 

this reason, the changes are within the 

scope of our authority and are a 

reasonable and necessary exercise of our 

statutory obligations. 

Background 

The regulations governing FAArequired drug and alcohol testing 

requirements currently are scattered 

throughout Chapter I of Title 14, Code 

of Federal Regulations. Requirements 

for affected certificated airmen are 

located in parts 61, 63, 65, and 67. 


jlentini on PROD1PC65 with RULES