62404 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

from a 7-mile radius to a 6.9-mile radius 

of Nebraska City Municipal Airport. It 

adds a southeast extension that is 2.5 

miles each side of the 169° bearing from 

the Nebraska City nondirectional radio 

beacon (NDB) extending to 7 miles 

southeast of the NDB. The Nebraska City 

NDB and the airspace extension are 

added to the legal description for the 

Class E airspace area. Additionally, the 

Nebraska City Regional Airport ARP is 

corrected in the legal description.

These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing SIAPs to Nebraska 

City Regional Airport and bring the legal 

descriptions of the Nebraska City, NE 

Class E airspace areas into compliance 

with FAA Order 7400.2E. This area will 

be depicted on appropriate aeronautical 

charts. Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

paragraph 6005 of FAA Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–19328/Airspace 

Docket No. 04–ACE–57.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that 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) if 

promulgated, 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, 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 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 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE NE E5 Nebraska City, NE 

Nebraska City Municipal Airport, NE 

(Lat. 40°36′25′′ N., long. 95°51′57′′ W.) 

Nebraska City NDB 

(Lat. 40°36′20′′ N., long. 95°51′39′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of Nebraska City Municipal Airport 

and within 2.5 miles each side of the 169°

bearing from the Nebraska City NDB 

extending from the 6.9-mile radius of the 

airport to 7 miles southeast of the NDB.

* * * * *

Issued in Kansas City, MO, on October 14, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–23867 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19326; Airspace 

Docket No. 04–ACE–55] 

Modification of Class E Airspace; 

Oberlin, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR part 71) by revising Class E 

airspace at Oberlin, KS. A review of 

controlled airspace for Oberlin 

Municipal Airport revealed it does not 

comply with the criteria for 700 feet 

above ground level (AGL) airspace 

required for diverse departures. The 

area is modified and enlarged to 

conform to the criteria in FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 62405

Docket must be received on or before 

November 26, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–19326/

Airspace docket No. 04–ACE–55, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR part 71 modifies 

the Class E airspace area extending 

upward from 700 feet above the surface 

at Oberlin, KS. An examination of 

controlled airspace for Oberlin 

Municipal Airport revealed it does not 

meet the criteria for 700 feet AGL 

airspace required for diverse departures 

as specified in FAA Order 7400.2E, 

Procedures for Handling Airspace 

Matters. The criteria in FAA Order 

7400.2E for an aircraft to reach 1200 feet 

AGL, taking into consideration rising 

terrain, is based on a standard climb 

gradient of 200 feet per mile plus the 

distance from the airport reference point 

to the end of the outermost runway. Any 

fractional part of a mile is converted to 

the next higher tenth of a mile. The 

examination also revealed that the 

expansion of airspace for diverse 

departures eliminated the need for an 

extension to the airspace area. 

This amendment expands the Class E 

airspace area from a 6-mile radius to a 

7.4-mile radius of Oberlin Municipal 

Airport, eliminates the extension to the 

airspace area, removes reverence to the 

Oberlin nondirectional radio beacon in 

the airspace legal description and brings 

the legal description of the Oberlin, KS 

Class E airspace area into compliance 

with FAA Orders 7400.2E. This area 

will be depicted on appropriate 

aeronautical charts. Class E airspace 

areas extending upward from 700 feet or 

more above the surface of the earth are 

published in paragraph 6005 of FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period.

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–19326/Airspace 

Docket No. 04–ACE–55.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein 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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that 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) if 

promulgated, 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, 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 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 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE KS E5 Oberlin, KS 

Oberlin Municipal Airport, KS 

(Lat. 39°50′02′′ N., long. 100°32′22′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.4-mile 

radius of Oberlin Municipal Airport.

* * * * *

62406 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

Issued in Kansas City, MO, on October 13, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–23868 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, 522, and 558

New Animal Drugs; Correction of 

Sponsor’s Drug Labeler Codes

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Final rule; technical 

amendment.

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

correction of sponsor’s drug labeler code 

for Pennfield Oil Co.

DATES: This rule is effective October 26, 

2004.

FOR FURTHER INFORMATION CONTACT:

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 301–827–6967, email: david.newkirk@fda.gov.

SUPPLEMENTARY INFORMATION: FDA has 

found that the animal drug regulations 

do not reflect the correct sponsor’s drug 

labeler code for Pennfield Oil Co. 

Accordingly, the agency is amending 

the regulations in 21 CFR 510.600, 

520.445b, 520.1660d, 522.1660a, 558.76, 

558.78, 558.128, 558.140, 558.145, 

558.195, 558.355, 558.450, 558.550, 

558.600, 558.625, and 558.630 to correct 

this error.

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808.

List of Subjects

21 CFR Part 510

Administrative practice and 

procedure, Animal drugs, Labeling, 

Reporting and recordkeeping 

requirements.

21 CFR Parts 520 and 522

Animal drugs.

21 CFR Part 558

Animal drugs, Animal feeds.

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to the 

Center for Veterinary Medicine, 21 CFR 

parts 510, 520, 522, and 558 are amended 

as follows:

PART 510—NEW ANIMAL DRUGS

■ 1. The authority citation for 21 CFR 

part 510 continues to read as follows:

Authority: 21 U.S.C. 321, 331, 351, 352, 

353, 360b, 371, 379e.

■ 2. Section 510.600 is amended in the 

table in paragraph (c)(1) in the entry for 

‘‘Pennfield Oil Co.’’ by removing 

‘‘053389’’ and by adding in its place 

‘‘048164’’; and in the table in paragraph 

(c)(2) by removing the entry for ‘‘053389’’

and by adding in numerical sequence an 

entry for ‘‘048164’’ to read as follows:

§ 510.600 Names, addresses, and drug 

labeler codes of sponsors of approved 

applications.

* * * * *

(c) * * *

(1) * * *

Firm name and address Drug labeler 

code 

*****

Pennfield Oil Co., 14040 Industrial Rd., Omaha, NE 

68144

048164

*****

(2) * * *

Drug labeler 

code Firm name and address 

*****

048164 Pennfield Oil Co., 14040 Industrial Rd., Omaha, NE 

68144

*****

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS

■ 3. The authority citation for 21 CFR 

part 520 continues to read as follows:

Authority: 21 U.S.C. 360b.

§ 520.445b [Amended]

■ 4. Section 520.445b is amended in 

paragraph (b) by removing ‘‘053389’’ and 

by adding in its place ‘‘048164’’.

§ 520.1660d [Amended]

■ 5. Section 520.1660d is amended in 

paragraph (b)(6) by removing ‘‘053389’’

and by adding in its place ‘‘048164’’.

PART 522—IMPLANTATION OR 

INJECTABLE DOSAGE FORM NEW 

ANIMAL DRUGS

■ 6. The authority citation for 21 CFR 

part 522 continues to read as follows:

Authority: 21 U.S.C. 360b.

§ 522.1660a [Amended]

■ 7. Section 522.1660a is amended in 

paragraph (b) by removing ‘‘053389’’ and 

by adding in its place ‘‘048164’’.

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS

■ 8. The authority citation for 21 CFR 

part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371.

§ 558.76 [Amended]

■ 9. Section 558.76 is amended in the 

table in paragraph (d)(1)(iv) in the 

‘‘Limitations’’ and ‘‘Sponsor’’ columns 

by removing ‘‘053389’’ and by adding in 

its place ‘‘048164’’.

■ 10. Section 558.78 is amended by 

revising paragraphs (a) and (b); in the 

table in paragraph (d)(1) by redesignating 

paragraphs (d)(1)(ii) through (d)(1)(vi) as 

paragraphs (d)(1)(iii) through (d)(1)(vii); 

and by revising paragraph (d)(1)(i); and 

by adding new paragraph (d)(1)(ii) to 

read as follows:

§ 558.78 Bacitracin zinc.

(a) Specifications. Type A medicated 

articles containing bacitracin zinc 

equivalent to 5, 10, 25, 40, or 50 grams 

per pound bacitracin.

(b) Approvals. See sponsors in 

§ 510.600(c) of this chapter for uses as 

follows:

(1) No. 046573: 10, 25, 40, and 50 

grams per pound for uses as in 

paragraph (d) of this section.

(2) No. 048164: 5 and 50 grams per 

pound for use as in as in paragraph 

(d)(1)(i) of this section.

* * * * *

(d) * * *

(1) * * *