This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

7993 

Vol. 78, No. 24 

Tuesday, February 5, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0621; Airspace 

Docket No. 11–ASO–28] 

Amendment of Class D and E 

Airspace; Tri-Cities, TN; Revocation of 

Class E Airspace; Tri-City, TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace and removes Class 

E airspace in the Tri-Cities, TN, area, to 

accommodate the new Area Navigation 

(RNAV) Global Positioning System 

(GPS) Standard Instrument Approach 

Procedures at Tri-Cities Regional 

Airport. This action enhances the safety 

and airspace management of Instrument 

Flight Rules (IFR) operations within the 

National Airspace System. This action 

also updates the geographic coordinates, 

airport name, and airspace designation. 

Also, this action corrects errors in the 

Class E descriptor. 

DATES: Effective 0901 UTC, May 2, 2013. 

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 September 28, 2012, the FAA 

published in the Federal Register a 

supplemental notice of proposed 

rulemaking (SNPRM) to amend Class D 

and Class E airspace in the Tri-Cities, 

TN, area (77 FR 59573). The SNPRM 

would list Hawkins County Airport and 

Virginia Highlands Airport under their 

own designator, and would correct the 

Tri-Cities Regional Airport city 

designator from Blountville, TN, to TriCities, TN, as originally proposed in the 

NPRM of April 28, 2012 (77 FR 21505). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication of the SNPRM, the FAA 

found errors in the descriptors of the 

Class E surface airspace and Class E 

airspace extending upward from 700 

feet above the surface. This action 

makes the corrections. Class D and E 

airspace designations are published in 

paragraph 5000, 6002, 6004, and 6005, 

respectively, of FAA Order 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. With the exception of editorial 

changes, and the changes described 

above, this rule is the same as that 

proposed in the SNPRM. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class D and Class E surface 

airspace, removes Class E airspace 

designated as an extension to Class D, 

and amends Class E airspace extending 

upward from 700 feet above the surface 

at Tri-Cities, TN, to provide the 

controlled airspace required to 

accommodate the new RNAV (GPS) 

Standard Instrument Approach 

Procedures developed for Tri-Cities 

Regional Airport. Also, the coordinates 

of the airport are corrected to be in 

concert with the FAAs aeronautical 

database. The city designator for TriCities Regional Airport is changed from 

Blountville, TN, to Tri-Cities, TN; the 

current Class E airspace extending 

upward from 700 feet above the surface 

for Hawkins County Airport, 

Rogersville, TN, and Virginia Highlands 

Airport, VA, is now listed under their 

own city designator. This action furthers 

the safety and management of controlled 

airspace within the National Airspace 

System. 

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 in the 

Tri-Cities, TN. 

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: 


erowe on DSK2VPTVN1PROD with RULES
7994 Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Rules and Regulations 

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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

ASO TN D Tri-Cities, TN [Amended] 

Tri-Cities Regional Airport, TN/VA 

(Lat. 36°28′31′′ N., long. 82°24′27′′ W.) 

Edwards Heliport, TN 

(Lat. 36°25′57′′ N., long. 82°17′37′′ W.) 

That airspace extending upward from the 

surface to and including 4,000 feet MSL 

within a 6.8-mile radius of Tri-Cities 

Regional Airport, excluding the 2.5-mile 

radius of Edwards Heliport. This Class D 

airspace area is effective during the specific 

days and times established in advance by a 

Notice to Airmen. The effective days and 

times will thereafter be continuously 

published in the Airport/Facility Directory. 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas 

* * * * * 

ASO TN E2 Tri-Cities, TN [Amended] 

Tri-Cities Regional Airport, TN/VA 

(Lat. 36°28′31′′ N., long. 82°24′27′′ W.) 

That airspace extending upward from the 

surface within a 6.8-mile radius of Tri-Cities 

Regional Airport. This Class E airspace area 

is effective during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6004 Class E Airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ASO TN E4 Tri-City, TN [Removed] 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO TN E5 Tri-Cities, TN [Amended] 

Tri-Cities Regional Airport, TN/VA 

(Lat. 36°28′31′′ N., long. 82°24′27′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9.3-mile 

radius of Tri-Cities Regional Airport and 

within 4-miles west and 8-miles east of the 

223° bearing from the airport extending from 

the 9.3-mile radius to 23 miles southwest of 

the airport, and within 2-miles either side of 

the 43° bearing from the airport extending 

from the 9.3-mile radius to 14.5 miles 

northeast of the airport. 

* * * * * 

ASO TN E5 Rogersville, TN [New] 

Hawkins County Airport, TN 

(Lat. 36°27′27′′ N., long. 82°53′06′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Hawkins County Airport, and within 7 

miles each side of Runway 07/25 centerline, 

extending from the 7-mile radius to 12 miles 

east of Hawkins County Airport. 

* * * * * 

ASO VA E5 Abingdon, VA [New] 

Virginia Highlands Airport, VA 

(Lat. 36°41′14′′ N., long. 82°02′00′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 17-mile radius 

of Virginia Highlands Airport. 

Issued in College Park, Georgia, on January 

23, 2013. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–02324 Filed 2–4–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1 

RIN 0910–AG67 

[Docket No. FDA–2011–N–0197] 

Criteria Used To Order Administrative 

Detention of Food for Human or 

Animal Consumption 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing a final 

regulation that adopts, without change, 

the interim final rule (IFR) entitled 

‘‘Criteria Used to Order Administrative 

Detention of Food for Human or Animal 

Consumption’’ that published in the 

Federal Register on May 5, 2011, (the 

2011 IFR). This final rule affirms the 

IFR’s change to the criteria for ordering 

administrative detention of human or 

animal food as required by the FDA 

Food Safety Modernization Act (FSMA). 

Under the new criteria, FDA can order 

an administrative detention if there is 

reason to believe that an article of food 

is adulterated or misbranded. This final 

rule does not make any changes to the 

regulatory requirements established by 

the IFR. The final regulation also 

responds to comments submitted in 

response to the request for comments in 

the IFR. 

DATES: This final rule is effective 

February 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William A. Correll, Jr., Office of 

Compliance, Center for Food Safety and 

Applied Nutrition, Food and Drug 

Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 301– 

436–1611. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Each year about 48 million people (1 

in 6 Americans) get sick, 128,000 are 

hospitalized, and 3,000 die from food 

borne diseases, according to 2011 data 

from the Centers for Disease Control and 

Prevention (http://www.cdc.gov/ 

foodborneburden/2011-foodborneestimates.html). This is a significant 

public health burden that is largely 

preventable. 

FSMA (Pub. L. 111–353), signed into 

law by President Obama on January 4, 

2011, enables FDA to better protect 

public health by helping to ensure the 

safety and security of the food supply. 

It enables FDA to focus more on 

preventing food safety problems rather 

than relying primarily on reacting to 

problems after they occur. The law also 

provides FDA with new enforcement 

authorities to help it achieve higher 

rates of compliance with preventionand risk-based food safety standards and 

to better respond to and contain 

problems when they do occur. The law 

also gives FDA important new tools to 

better ensure the safety of imported 

foods and directs FDA to build an 

integrated national food safety system in 

partnership with State and local 

authorities. 

Section 207 of FSMA amends the 

criteria for ordering administrative 

detention of human or animal food in 

section 304(h)(1)(A) of the Federal Food, 

Drug, and Cosmetic Act (FD&C Act) (21 

U.S.C. 334(h)(1)(A)). Under the new 

criteria established by FSMA, FDA can 

order an administrative detention if 

there is reason to believe that an article 

of food is adulterated or misbranded. 

Section 207 of FSMA also requires that 

the Secretary of Health and Human 

Services issue an IFR implementing this 

statutory change no later than 120 days 

following the date of enactment of 

FSMA and further specified that the 

amendment made by section 207 take 

effect 180 days after the date of FSMA’s 

January 4, 2011, enactment, which was 

July 3, 2011. On May 5, 2011, FDA 

issued an IFR (76 FR 25538) that 

implemented section 207 of FSMA and 

contained a request for comments. The 

IFR became effective on July 3, 2011. 

This final rule adopts, without making 

any changes, the regulatory 

requirements established in the IFR. 


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