5170 Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations 

geographic coordinates and name of a 

navigation aid also will be corrected. 

DATES: Effective date: 0901 UTC, April 

5, 2012. 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 August 10, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the South 

Bend, IN, area, creating additional 

controlled airspace at Jerry Tyler 

Memorial Airport (76 FR 49385) Docket 

No. FAA–2011–0250. 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, errors was 

found in the name of the South Bend 

ILS Outer Marker and the geographic 

coordinates of the Gipper VORTAC. 

This rule will make the corrections to be 

in concert with the FAAs aeronautical 

database. Class E airspace designations 

are published in paragraph 6005 of FAA 

Order 7400.9V dated August 9, 2011, 

and effective September 15, 2011, 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 

amending Class E airspace extending 

upward from 700 feet above the surface 

to accommodate new standard 

instrument approach procedures at Jerry 

Tyler Memorial Airport, Niles, IN. This 

action is necessary for the safety and 

management of IFR operations at the 

airport. This action also corrects the 

name of the South Bend ILS Outer 

Marker to the Misha Outer Marker, and 

adjusts the geographic coordinates of 

the Gipper VORTAC in the airspace 

designation and regulatory text. With 

the exception of editorial changes and 

the changes described above, this action 

is the same as that proposed in the 

NPRM. 

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 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 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 amends 

controlled airspace in the South Bend, 

IN, area. 

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 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL IN E5 South Bend, IN [Amended] 

South Bend, South Bend Regional Airport, IN 

(Lat. 41°42′30′′ N., long. 86°19′02′′ W.) 

Niles, Jerry Tyler Memorial Airport, IN 

(Lat. 41°50′09′′ N., long. 86°13′31′′ W.) 

Gipper VORTAC 

(Lat. 41°46′07′′ N., long. 86°19′07′′ W.) 

South Bend ILS Localizer 

(Lat. 41°42′15′′ N., long. 86°19′59′′ W.) 

Misha Outer Marker 

(Lat. 41°42′20′′ N., long. 86°13′09′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8-mile radius 

of South Bend Regional Airport, and within 

4.4 miles south and 7 miles north of the 

South Bend ILS Localizer East Course, 

extending from South Bend Regional Airport 

to 10.5 miles east of the Misha outer marker, 

and within 4.4 miles west and 7 miles east 

of the Gipper VORTAC 001° radial extending 

from the South Bend Regional Airport to 10.5 

miles north of the VORTAC, and within a 

6.4-mile radius of Jerry Tyler Memorial 

Airport, and within 4 miles northwest and 8 

miles southeast of the Gipper VORTAC 226° 

radial extending from the 6.4-mile radius of 

Jerry Tyler Memorial Airport to 15.4 miles 

southwest of the airport. 

Issued in Fort Worth, Texas, on January 13, 

2012. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2012–1825 Filed 2–1–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1143; Airspace 

Docket No. 11–AGL–23] 

Amendment of Class D Airspace; 

Jackson, MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends Class D 

airspace within the Jackson, MI, area by 

changing the name of the airport from 

Jackson County-Reynolds Field to 

Jackson County Airport-Reynolds Field, 

and updating the geographic 

coordinates. This action does not 

change the boundaries or operating 

requirements of the airspace. 

DATES: Effective date: 0901 UTC, April 

5, 2012. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations 5171 

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: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

changing the airport formerly known as 

Jackson County-Reynolds Field to 

Jackson County Airport-Reynolds Field, 

and adjusting the geographic 

coordinates within Class D airspace to 

coincide with the FAA’s aeronautical 

database. This is an administrative 

change and does not affect the 

boundaries, altitudes, or operating 

requirements of the airspace, therefore, 

notice and public procedures under 5 

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

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 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 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 amends 

controlled airspace at Jackson County 

Airport-Reynolds Field, Jackson, MI. 

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 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AGL MI D Jackson, MI [Amended] 

Jackson County Airport-Reynolds Field, MI 

(Lat. 42°15′38′′ N., long. 84°27′38′′ W.) 

That airspace extending upward from the 

surface to and including 3,500 feet MSL 

within a 4-mile radius of Jackson County 

Airport-Reynolds Field. 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. 

Issued in Fort Worth, Texas, on January 12, 

2012. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2012–1826 Filed 2–1–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 1, 7, and 16 

[Docket No. FDA–2011–N–0121] 

RIN 0910–AG60 

Further Amendments to General 

Regulations of the Food and Drug 

Administration to Incorporate Tobacco 

Products 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending 

certain of its general regulations to 

include tobacco products, where 

appropriate, in light of FDA’s authority 

to regulate these products under the 

Family Smoking Prevention and 

Tobacco Control Act (Tobacco Control 

Act). With these amendments, tobacco 

products are subject to the same general 

requirements that apply to other FDAregulated products. 

DATES: This rule is effective April 2, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Gerie A. Voss, Center for Tobacco 

Products, Food and Drug 

Administration, 9200 Corporate Blvd., 

Rockville, MD 20850, 1 (877) CTP–1373, 

gerie.voss@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of April 14, 

2011 (76 FR 20901), FDA issued a 

proposed rule seeking to amend several 

provisions of its general regulations to 

reflect the Agency’s new authority and 

mandate regarding tobacco products 

under the Tobacco Control Act (Pub. L. 

11–31; 123 Stat. 1776). FDA received 

substantive comments to its proposal 

from only one commenter. However, 

FDA does not believe that these 

comments warrant making any changes 

to the regulatory language included in 

the proposed rule. 

Relevant portions of these comments 

are summarized and responded to in the 

relevant section(s) of this document. To 

make it easier to identify comments and 

FDA’s responses, the word ‘‘Comment,’’ 

in brackets, appears before the 

comment’s description, and the word 

‘‘Response,’’ in brackets, appears before 

FDA’s response. Each comment is 

numbered to help distinguish among 

different comments. The number 

assigned to each comment is purely for 

organizational purposes and does not 

signify the comment’s value or 

importance. 

II. Legal Authority 

FDA is issuing this final rule under 

provisions of the Federal Food, Drug, 

and Cosmetic Act (the FD&C Act), as 

amended by the Tobacco Control Act 

(21 U.S.C. 321, 331, 333, 371, 381, 387, 

387a, 387c, 387f, 387j, and 387k). FDA 

is also issuing this final rule under 

section 4 of the Federal Cigarette 

Labeling and Advertising Act (FCLAA) 

(15 U.S.C. 1333) as amended by the 

Tobacco Control Act, and under section 

3 of the Comprehensive Smokeless 


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