Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 41839 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW AR E5 Colt, AR [New] 

Delta Regional Airport, AR 

(Lat. 35°07′12′′ N., long. 90°49′35′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.1-mile 

radius of Delta Regional Airport. 

Issued in Fort Worth, Texas, on July 8, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–16438 Filed 7–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0770; Airspace 

Docket No. 12–ASW–6] 

Establishment of Class E Airspace; 

Presidio, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Presidio, TX. Controlled 

airspace is necessary to accommodate 

new Area Navigation (RNAV) Standard 

Instrument Approach Procedures at 

Presidio Lely International Airport. The 

FAA is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at the 

airport. 

DATES: Effective date: 0901 UTC, 

October 17, 2013. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On May 7, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish Class E airspace for the 

Presidio, TX, area, creating controlled 

airspace at Presidio Lely International 

Airport (78 FR 26558) Docket No. FAA– 

2012–0770. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Class E 

airspace designations are published in 

paragraph 6005 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 E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

within a 6.5-mile radius of the airport, 

with an extension to the east; and 

extending upward from 1,200 feet above 

the surface within a 62.5-mile radius of 

the airport, at Presidio Lely 

International Airport, Presidio, TX. 

Controlled airspace enhances the safety 

and management of new standard 

instrument approach procedures for IFR 

operations at the airport. 

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 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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does 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 U.S. Code. Subtitle 1, 

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 at Presidio Lely 

International Airport, Presidio, TX. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. 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 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 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. 


wreier-aviles on DSK5TPTVN1PROD with RULES
41840 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Presidio, TX [New] 

Presidio Lely International Airport, TX 

(Lat. 29°38′03′′ N., long. 104°21′41′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Presidio Lely International Airport, 

and within 2 miles each side of the 070° 

bearing from the airport extending from the 

6.5-mile radius to 13.4 miles east of the 

airport; and that airspace extending upward 

from 1,200 feet above the surface within a 

62.5 mile radius of the airport, excluding that 

airspace within Mexico. 

Issued in Fort Worth, Texas, on July 8, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–16437 Filed 7–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 175 

[Docket No. FDA–2012–F–0728] 

Indirect Food Additives: Adhesives 

and Components of Coatings 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending the food additive regulations 

to no longer provide for the use of 

Bisphenol A (BPA)-based epoxy resins 

as coatings in packaging for infant 

formula because these uses have been 

abandoned. We are taking this action in 

response to a petition dated March 16, 

2012. 

DATES: This rule is effective July 12, 

2013. See section VIII of this document 

for further information on the filing of 

objections. Submit either electronic or 

written objections and requests for a 

hearing by August 12, 2013. 

ADDRESSES: You may submit either 

electronic or written objections and 

requests for a hearing, identified by 

Docket No. FDA–2012–F–0728, by any 

of the following methods: 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting objections. 

Written Submissions 

Submit written objections in the 

following ways: 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2012–F–0728 for this 

rulemaking. All objections received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

objections, see the ‘‘Objections’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

objections received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Vanee Komolprasert, Center for Food 

Safety and Applied Nutrition (HFS– 

275), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740–3835, 240–402–1217. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a document published in the 

Federal Register of July 17, 2012 (77 FR 

41953), we announced that food 

additive petition (FAP 2B4791) had 

been filed by then U.S. Representative 

Edward J. Markey, House of 

Representatives, 2108 Rayburn House 

Office Building, Washington, DC 20515– 

2107. The petition proposed to amend 

the food additive regulations in 

§ 175.300 (21 CFR 175.300) to no longer 

provide for the use of BPA-based epoxy 

resins as coatings in packaging for infant 

formula because these uses have been 

abandoned. BPA-based epoxy resins are 

formed by the reaction of 4,4′- 

isopropylidenediphenol (i.e., BPA), and 

epichlorohydrin. BPA-based epoxy 

resins may be safely used as the foodcontact surfaces of articles intended for 

use in producing, manufacturing, 

packing, processing, preparing, treating, 

packaging, transporting, or holding 

food, in accordance with the prescribed 

conditions of § 175.300. 

II. Evaluation of Abandonment 

Under section 409(i) of the Federal 

Food, Drug, and Cosmetic Act (the 

FD&C Act) (21 U.S.C. 348(i)), FDA 

‘‘shall by regulation prescribe the 

procedure by which regulations under 

the foregoing provisions of this section 

may be amended or repealed, and such 

procedure shall conform to the 

procedure provided in this section for 

the promulgation of such regulations.’’ 

Our regulations specific to 

administrative actions for food additives 

provide as follows: ‘‘The Commissioner, 

on his own initiative or on the petition 

of any interested person, pursuant to 

part 10 of this chapter, may propose the 

issuance of a regulation amending or 

repealing a regulation pertaining to a 

food additive or granting or repealing an 

exception for such additive.’’ 

(§ 171.130(a) (21 CFR 171.130(a))). 

These regulations further provide: ‘‘Any 

such petition shall include an assertion 

of facts, supported by data, showing that 

new information exists with respect to 

the food additive or that new uses have 

been developed or old uses abandoned, 

that new data are available as to toxicity 

of the chemical, or that experience with 

the existing regulation or exemption 

may justify its amendment or repeal. 

New data shall be furnished in the form 

specified in §§ 171.1 and 171.100 for 

submitting petitions.’’ (§ 171.130(b)). 

Under these regulations, a petitioner 

may propose that FDA amend a food 

additive regulation if the petitioner can 

demonstrate that there are ’’old uses 

abandoned’’ for the relevant food 

additive. Such abandonment must be 

complete for any intended uses in the 

U.S. market. While section 409 of the 

FD&C Act and § 171.130 also provide for 

amending or revoking a food additive 

regulation based on safety, an 

amendment or revocation based on 

abandonment is not based on safety, but 

is based on the fact that the regulatory 

authorization is no longer necessary for 

the specific use of the food additive 

because that use has been permanently 

and completely abandoned. 

Abandonment may be based on the 

abandonment of certain authorized food 

additive uses for a substance (e.g., if a 

substance is no longer used in certain 

product categories), or on the 

abandonment of all authorized food 

additive uses of a substance (e.g., if a 

substance is no longer being 

manufactured). If a petition seeks an 


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