6450 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AGL MN E4 Rochester, MN (Amended) 

Rochester International Airport, MN 

(Lat. 43°54′30′′ N., long. 92°30′00′′ W.) 

Rochester VOR/DME 

(Lat. 43°46′58′′ N., long. 92°35′49′′ W.) 

That airspace extending upward from the 

surface within 3.1 miles each side of 

Rochester VOR/DME 028° radial, extending 

from the 4.3-mile radius to 7 miles southwest 

of the airport. 

AGL MN E4 St. Cloud, MN (Amended) 

St. Cloud Regional Airport, MN 

(Lat. 45°32′48′′ N., long. 94°03′36′′ W.) 

St. Cloud VOR/DME 

(Lat. 45°32′58′′ N., long. 94°03′31′′ W.) 

That airspace extending upward from the 

surface within 2.4 miles each side of St. 

Cloud VOR/DME 143° radial extending from 

the 4.1-mile radius of St. Cloud Regional 

Airport to 7.2 miles southeast of the airport. 

Issued in Fort Worth, Texas, on January 27, 

2016. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–02283 Filed 2–5–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–7486; Airspace 

Docket No. 15–AGL–26] 

Amendment of Class E Airspace; 

Wilmington, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the legal 

description of Class E surface area 

airspace and Class E airspace designated 

as an extension at Wilmington Air Park, 

Wilmington, OH, eliminating the Notice 

to Airmen (NOTAM) part-time status. 

This action also updates the airport 

name of Wilmington Air Park, 

Wilmington, OH, to coincide with the 

FAA’s aeronautical database. 

DATES: Effective 0901 UTC, March 31, 

2016. 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. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 29591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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 amends 

controlled airspace at Wilmington Air 

Park, Wilmington, OH. 

History 

In a review of the airspace, the FAA 

found the airspace for Wilmington Air 

Park, Wilmington, OH, as published in 

FAA Order 7400.9Z, Airspace 

Designations and Reporting Points, does 

not require part time status. This is an 

administrative change removing the part 

time NOTAM information from the legal 

description for the airport. 

Class E airspace designations are 

published in paragraph 6002 and 6004, 

respectively, of FAA Order 7400.9Z 

dated August 6, 2015, and effective 

September 15, 2015, 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. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR) part 71 by 

eliminating the NOTAM information 

that reads, ‘‘This Class E airspace is 

effective during the specific dates and 

times established in advance by a Notice 

to Airmen. The effective date and time 

will thereafter be continuously 

published in the Airport/Facility 

Directory.’’ from the regulatory text of 

the Class E surface area airspace, and 

Class E airspace designated as an 

extension to Class D, at Wilmington Air 

Park, Wilmington, OH, formerly 

Airborne Airpark. 

This is an administrative change 

amending the description for 

Wilmington Air Park to be in concert 

with the FAA’s aeronautical database, 

and does not affect the boundaries, or 

operating requirements of the airspace; 

therefore, notice and public procedure 

under 5 U.S.C. 553(b) are unnecessary. 

Regulatory Notices and Analyses 

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 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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6451 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. 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. 

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: 

Authority: 49 U.S.C. 106(f), 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 FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AGL OH E2 Wilmington, OH (Amended) 

Wilmington, Wilmington Air Park, OH 

(Lat. 39°25′41′′ N., long. 083°47′32′′ W.) 

Wilmington, Hollister Field Airport, OH 

(Lat. 39°26′15′′ N., long. 083°42′30′′ W.) 

Within a 4.2-mile radius of Wilmington Air 

Park, and within 3.7 miles each side of the 

Midwest VOR/DME 215° radial extending 

from the 4.2-mile radius of Wilmington Air 

Park to 7 miles southwest of the airport, and 

within 3.7 miles each side of the Midwest 

VOR/DME 041° radial extending from the 

4.2-mile radius of the airport to 7 miles 

northeast of the airport, excluding that 

portion of airspace within a 1-mile radius of 

Hollister Field Airport. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AGL OH E4 Wilmington, OH (Amended) 

Wilmington, Wilmington Air Park, OH 

(Lat. 39°25′41′′ N., long. 083°47′32′′ W.) 

Wilmington, Hollister Field Airport, OH 

(Lat. 39°26′15′′ N., long. 083°42′30′′ W.) 

Midwest VOR/DME 

(Lat. 39°25′47′′ N., long. 083°48′04′′ W.) 

That airspace extending upward from the 

surface within 3.7 miles each side of the 

Midwest VOR/DME 215° radial, extending 

from the 4.2-mile radius of Wilmington Air 

Park to 7 miles southwest of the airport, and 

within 3.7 miles each side of the Midwest 

VOR/DME 041° radial extending from the 

4.2-mile radius of the airport to 7 miles 

northeast of the airport, excluding that 

portion of airspace within a 1-mile radius of 

Hollister Field Airport. 

Issued in Fort Worth, Texas, on January 29, 

2016. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–02284 Filed 2–5–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–367] 

RIN 1117–AB39 

Schedules of Controlled Substances: 

Table of Excluded Nonnarcotic 

Products: Vicks® VapoInhaler®

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: This final rule adopts the 

interim final rule, with a correction to 

spelling of the manufacturer’s name that 

was published in the Federal Register 

on October 27, 2015. The Drug 

Enforcement Administration is 

amending the table of Excluded 

Nonnarcotic Products to update the 

listing for Vicks® VapoInhaler®, 

containing 50 mg levmetamfetamine in 

a nasal decongestant inhaler, marketed 

by The Procter & Gamble Company. 

This over-the-counter, non-narcotic 

drug product is excluded from 

provisions of the Controlled Substances 

Act. 

DATES: This final rule is effective on 

February 8, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Barbara J. Boockholdt, Office of 

Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

The Drug Enforcement 

Administration (DEA) implements and 

enforces titles II and III of the 

Comprehensive Drug Abuse Prevention 

and Control Act of 1970, as amended. 21 

U.S.C. 801–971. Titles II and III are 

referred to as the ‘‘Controlled 

Substances Act’’ and the ‘‘Controlled 

Substances Import and Export Act,’’ 

respectively, and they are collectively 

referred to as the ‘‘Controlled 

Substances Act’’ or the ‘‘CSA’’ for the 

purpose of this action. The DEA 

publishes the implementing regulations 

for these statutes in title 21 of the Code 

of Federal Regulations (CFR), chapter II. 

The CSA and its implementing 

regulations are designed to prevent, 

detect, and eliminate the diversion of 

controlled substances and listed 

chemicals into the illicit market while 

ensuring an adequate supply is available 

for the legitimate medical, scientific, 

research, and industrial needs of the 

United States. Controlled substances 

have the potential for abuse and 

dependence and are controlled to 

protect the public health and safety. 

Under the CSA, each controlled 

substance is classified into one of five 

schedules based upon its potential for 

abuse, its currently accepted medical 

use in treatment in the United States, 

and the degree of dependence the drug 

or other substance may cause. 21 U.S.C. 

812. The initial schedules of controlled 

substances established by Congress are 

found at 21 U.S.C. 812(c) and the 

current list of all scheduled substances 

is published at 21 CFR part 1308. 

The CSA states that the Attorney 

General shall by regulation exclude any 

nonnarcotic drug which contains a 

controlled substance from the 

application of the CSA, if such drug 

may, under the Federal Food, Drug, and 

Cosmetic Act (FD&C Act), 21 U.S.C. 301 

et seq., be lawfully sold over-thecounter without a prescription. 21 

U.S.C. 811(g)(1). Such exclusions apply 

only to specific nonnarcotic drugs 

following suitable application to the 

DEA in accordance with 21 CFR 

1308.21. The current table of Excluded 

Nonnarcotic Products is found in 21 

CFR 1308.22. The authority to exclude 

such substances has been delegated to 

the Administrator of the DEA, 28 CFR 

0.100, and redelegated to the Deputy 

Assistant Administrator of the Office of 

Diversion Control, section 7 of 28 CFR 

part 0, appendix to subpart R. 

Background 

This final rule adopts, with a change 

to the spelling of the manufacturer’s 

name, the interim final rule, ‘‘Schedules 

of Controlled Substances: Table of 

Excluded Nonnarcotic Products: Vicks®

VapoInhaler® ’’ that was published in 

the Federal Register on October 27, 

2015. 80 FR 65635. The correct spelling 

of the manufacturer’s name is ‘‘The 

Procter & Gamble Company.’’ The 


asabaliauskas on DSK5VPTVN1PROD with RULES