59608 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 

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 

(44 U.S.C. 3501 et seq.), 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 Civil Aviation Authority 

of New Zealand AD DCA/FU24/179, dated 

September 10, 2010, for related information. 

Issued in Kansas City, Missouri, on 

September 21, 2010. 

Patrick R. Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–24117 Filed 9–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0428; Airspace 

Docket No. 10–AEA–13] 

Amendment of Class D and E 

Airspace; Establishment of Class E 

Airspace; Patuxent River, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and E Airspace at Patuxent River Naval 

Air Station (NAS), Patuxent River, MD, 

to reflect the part-time operating status 

of the control tower, and establishes 

Class E airspace designated as surface 

areas to accommodate Standard 

Instrument Approach Procedures 

(SIAPs) developed for the NAS. This 

action also corrects the geographical 

coordinates of the NAS and combines 

two airspace descriptions. This action 

will enhance the safety and 

management of IFR operations at 

Patuxent River NAS (Trapnell Field). 

DATES: Effective 0901 UTC, January 13, 

2011. 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: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On August 9, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class D and E airspace, and establish 

Class E surface airspace at Patuxent 

River NAS (Trapnell Field), Patuxent 

River, MD (75 FR 47736) Docket No. 

FAA–2010–0428. Subsequent to 

publication the FAA received a request 

from the National Aeronautical 

Navigation Services to correct the 

geographic coordinates of the airfield, 

and for charting purposes, combine two 

closely located descriptions in both 

Class E airspace areas at Patuxent River 

NAS, Patuxent River, MD. This action 

makes these corrections. With the 

exception of editorial changes, and the 

changes described above this rule is the 

same as that proposed in the NPRM. 

Interested persons were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class D and E airspace 

designations are published in paragraph 

5000, 6002, and 6004 of FAA Order 

7400.9U dated August 18, 2010, and 

effective September 15, 2010, 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. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class D airspace and Class E 

airspace designated as an extension to 

Class D surface area at Patuxent River 

NAS (Trapnell Field), Patuxent River, 

MD, to reflect the part-time operations 

of the airport control tower, establishing 

in advance the dates and times by a 

Notice to Airmen, and establishes Class 

E surface area airspace to provide 

controlled airspace required to support 

the SIAPs developed for Patuxent River 

NAS. The geographic coordinates of 

Patuxent River NAS (Trapnell Field) 

will be corrected to coincide with the 

FAA’s National Aeronautical Navigation 

Services. The Class E surface area 

airspace and Class E airspace designated 

as extensions to Class D surface area 

233° and the 235° radials will be 

combined to coincide with aeronautical 

charting. 

Class D airspace designations, Class E 

surface airspace designations and Class 

E airspace designations as extensions to 

a Class D surface area are published in 

Paragraph 5000, 6002, and 6004 

respectively, of FAA Order 7400.9U, 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

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 

amends Class D and existing Class E 

airspace and establishes Class E airspace 

designated as surface areas at Patuxent 

River NAS (Trapnell Field), Patuxent 

River, MD. 

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 CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 59609 

1 The regulations were amended in 1991 to 

include provisions for the rotation and display of 

the statutory warnings on utilitarian items. 56 FR 

11654 (Mar. 20, 1991). 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AEA MD D Patuxent River, MD 

[AMENDED] 

Patuxent River NAS (Trapnell Field), MD 

(Lat. 38°17′10′′ N., long. 76°24′42′′ W.) 

Chesapeake Ranch Airpark, MD 

(Lat. 38°21′40′′ N., long. 76°24′19′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.5-mile radius of Patuxent River 

NAS (Trapnell Field) and within a .5-mile 

radius of Chesapeake Ranch Airpark 

excluding that airspace within Restricted 

Areas R–4005 and R–4007 when active. This 

Class D airspace area 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. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AEA MD E2 Patuxent River, MD [NEW] 

Patuxent River NAS (Trapnell Field), MD 

(Lat. 38°17′10′′N., long. 76°24′42′′ W.) 

Patuxent VORTAC 

(Lat. 38°17′16′′ N., long. 76°24′01′′ W.) 

Patuxent River NDB 

(Lat. 38°17′09′′ N., long. 76°24′11′′ W.) 

Chesapeake Ranch Airpark, MD 

(Lat. 38°21′40′′ N., long. 76°24′19′′ W.) 

That airspace extending upward from the 

surface within a 4.5-mile radius of Patuxent 

River NAS (Trapnell Field) and within 1.8 

miles each side of the Patuxent VORTAC 

045° radial extending from the 4.5-mile 

radius of Patuxent River NAS to 6.1 miles 

northeast of the VORTAC; and within 1.8 

miles north of and 2.0 miles south of the 

Patuxent VORTAC 235° radial extending 

from the 4.5-mile radius to 6.6 miles 

southwest of the VORTAC; and within 1.8 

miles each side of the Patuxent VORTAC 

140° radial extending from the 4.5-mile 

radius to 10.5 miles southeast of the 

VORTAC; and within a .5-mile radius of 

Chesapeake Ranch Airpark, excluding that 

airspace within Restricted Areas R–4005 and 

R–4007 when active. This Class E airspace 

area is effective during those times when the 

Class D airspace is not in effect. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AEA MD E4 Patuxent River, MD 

[AMENDED] 

Patuxent River NAS (Trapnell Field), MD 

(Lat. 38°17′10′′ N., long. 76°24′42′′ W.) 

Patuxent VORTAC 

(Lat. 38°17′16′′ N., long. 76°24′01′′ W.) 

Patuxent River NDB 

(Lat. 38°17′09′′ N., long. 76°24′11′′ W.) 

That airspace extending upward from the 

surface within 1.8 miles each side of the 

Patuxent VORTAC 045° radial extending 

from the 4.5-mile radius of Patuxent River 

NAS (Trapnell Field) to 6.1 miles northeast 

of the VORTAC; and within 1.8 miles north 

of and 2.0 miles south of the Patuxent 

VORTAC 235° radial extending from the 4.5- 

mile radius to 6.6 miles southwest of the 

VORTAC; and within 1.8 miles each side of 

the Patuxent VORTAC 140° radial extending 

from the 4.5-mile radius to 10.5 miles 

southeast of the VORTAC, excluding that 

airspace within Restricted Areas R–4005 and 

R–4007 when active. This Class E airspace 

area is effective during 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. 

Issued in College Park, Georgia, on 

September 17, 2010. 

Myron A. Jenkins, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2010–24110 Filed 9–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 307 

[RIN 3084-AB23] 

Rescission of Regulations Under the 

Comprehensive Smokeless Tobacco 

Health Education Act of 1986 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) is 

rescinding its smokeless tobacco 

regulations. Recent legislation 

transferred the FTC’s authority for those 

regulations to the Secretary of the 

Department of Health and Human 

Services (‘‘DHHS’’). DHHS will now 

review and approve rotational warning 

plans for these products. 

EFFECTIVE DATE: September 28, 2010. 

ADDRESSES: Copies of this document are 

available from: Public Reference Branch, 

Room 130, Federal Trade Commission, 

600 Pennsylvania Avenue, N.W., 

Washington, DC 20580. Copies of this 

document are also available on the 

Internet at the Commission’s website: 

(http://www.ftc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Shira Modell, (202) 326-3116, Attorney, 

Division of Advertising Practices, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, N.W., Washington, D.C., 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Comprehensive Smokeless 

Tobacco Health Education Act of 1986 

(‘‘Smokeless Tobacco Act’’), Pub. L. 99- 

252, 100 Stat. 30 (1986), required 

manufacturers, importers, and packagers 

of smokeless tobacco products to 

display on a rotating basis one of three 

statutory health warnings on product 

packages and in most advertising (other 

than billboards). The Smokeless 

Tobacco Act also directed the FTC to 

issue implementing regulations 

governing the format and display of the 

health warnings, and to review and 

approve (if appropriate) plans 

specifying how smokeless tobacco 

companies planned to comply with the 

rotational warning requirements 

specified in the Smokeless Tobacco Act 

and the implementing regulations. 15 

U.S.C. 4402 (1986) (amended 2009). The 

Commission issued its smokeless 

tobacco regulations, 16 CFR Part 307, on 

November 4, 1986.1 51 FR 40015. 

II. Basis for Removal of Regulations 

On June 22, 2009, President Obama 

signed into law the Family Smoking 

Prevention and Tobacco Control Act, 

Pub. L. No. 111-31, 123 Stat. 1776 

(2009) (‘‘Family Smoking Prevention 

Act’’). The Family Smoking Prevention 

Act, among other things, amended the 

Smokeless Tobacco Act to change the 

language of the existing three statutory 

health warnings and add a fourth 

warning, and to require new size, 

format, and display requirements for the 

statutory health warnings. Family 

Smoking Prevention Act, § 204. The 

Family Smoking Prevention Act also 

gave the Secretary of DHHS authority to 

change the warning statements and the 

size, format, and display requirements 

of those warnings, and transferred 

authority over the review and approval 

of rotational warning plans from the 

Commission to the Secretary. Family 

Smoking Prevention Act, § 205. These 

amendments to the Smokeless Tobacco 

Act became effective on June 22, 2010. 

Earlier this year, the Commission 

terminated its regulatory review of the 

smokeless tobacco regulations, citing 

the enactment of the Family Smoking 

Prevention Act. 75 FR 3665 (Jan. 22, 

WReier-Aviles on DSKGBLS3C1PROD with RULES