4 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6005 The class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL WI E5 Shell Lake, WI [New]

Shell Lake Municipal Airport, WI

(Lat. 45°43′53′′ N, long. 91°55′14′′ W)

That airspace extending upward from 700

feet above the surface within a 6.3-mile

radius of the Shell Lake Municipal Airport

and within 2.7 miles either side of the 143-

degree bearing from the airport extending

from the 6.3-mile radius to 7.4 miles

southeast of the airport.

* * * * *

Issued in Des Plaines, Illinois on December

6, 1995.

Jeffrey L. Griffith

Acting Manager, Air Traffic Division.

FR Doc. 95–31572 Filed 12–29–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 73

[Airspace Docket No. 93–ASO–8]

Expansion of Restricted Area R–2917,

De Funiak Springs, FL

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action expands the

lateral and vertical dimensions of

Restricted Area R–2917, De Funiak

Springs, FL, to increase the size of the

special use airspace around an existing

Space Detection and Tracking Radar

(FPS–85) system located at that site. A

revision to U.S. Air Force safety

regulations increased the size of special

use airspace required around such

installations to lessen any potential

hazard to aircraft which are carrying

electroexplosive devices.

EFFECTIVE DATE: 0901 UTC, February 29,

1996.

FOR FURTHER INFORMATION CONTACT: Paul

Gallant, Military Operations Program

Office, Office of Air Traffic System

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–9361.

SUPPLEMENTARY INFORMATION:

History

On December 3, 1993, the FAA

proposed to increase the lateral and

vertical dimensions of R–2917 from a

circular area with a 1.25-statute-mile

radius, extending from the surface to

5,000 feet mean sea level, to a 2.5-

nautical-mile radius circle, extending to,

but not including Flight Level 230 (58

FR 63908).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Except for editorial

changes, this amendment is the same as

that proposed in the notice. The

coordinates for this airspace docket are

based on North American Datum 83.

Section 73.29 of part 73 of the Federal

Aviation Regulations was republished

in FAA Order 7400.8C dated June 29,

1995.

The Rule

This amendment to part 73 of the

Federal Aviation Regulations (14 CFR

part 73) increases the lateral and vertical

dimensions of Restricted Area R–2917,

De Funiak Springs, FL, in order to

expand the special use airspace around

an FPS–85 radar facility. The

amendment increases the size of R–2917

to a 2.5-nautical-mile radius circle, and

raises the designated altitude to, but not

including, Flight Level 230. The Radio

Frequency (RF) energy transmitted by

the FPS–85 radar potentially could

ignite electroexplosive devices that may

be carried on board certain aircraft.

There has been no increase in the power

output or change to the emission pattern

of the radar. This expansion is necessary

because the U.S. Air Force has adopted

revised safety criteria which better

define the limits of the RF emission

pattern of the FPS–85 radar. The

expanded R–2917 remains totally

within the confines of another existing

restricted area, R–2914A, which extends

from the surface to unlimited altitude,

with a ‘‘continuous’’ time of

designation. Consequently, since the

affected area remains continuously

designated restricted airspace, there will

be no impact on nonparticipating

aircraft operations as a result of this

expansion. This amendment replaces a

temporary flight restriction which was

implemented as an interim safety

measure at the site. This amendment

also changes the title of the using

agency to ‘‘U.S. Air Force, Commander,

U.S. Space Command, Peterson AFB,

CO,’’ and adds a controlling agency for

R–2917, with the title ‘‘U.S. Air Force,

Eglin Approach Control.’’

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. 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 will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

Environmental Review

The U.S. Air Force completed an

Environmental Impact Analysis of the

proposed expansion action in

accordance with Air Force Regulations,

and applicable Federal Laws,

regulations, and Executive Orders. The

Air Force has determined that the action

qualified for categorical exclusion 2R

under Air Force Regulations:

‘‘Continuation of actions, if there is not

substantial, adverse change from

previously existing conditions.’’

Because the expansion action is a

minor adjustment to the internal

boundaries of overlapping restricted

areas, which does not change the outer

limits of the restricted airspace as a

whole, and the changes in the title of

the using agency and addition of a

controlling agency do not have potential

environmental consequences, the FAA

has determined that this action qualifies

for categorical exclusion as a minor

adjustment to a special-use airspace

action under Paragraph 3(c) of

Appendix 3 of FAA Order 1050.1D,

‘‘Policies and Procedures for

Considering Environmental Impacts’’

and the regulations implementing the

National Environmental Policy Act of

1969, 40 CFR part 1500. A documented

categorical exclusion has been prepared

by the FAA and placed in the Docket for

the Final Rule.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 5

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73, as follows:

PART 73—[AMENDED]

1. The authority citation for part 73

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; 14 CFR 11.69.

§ 73.29 [Amended]

R–2917 De Funiak Springs, FL [Revised]

Boundaries. A circle with a 2.5 NM radius

centered at:

Lat. 30°32′55′′ N., long. 86°12′52′′ W.

Designated altitudes. Surface to but not

including FL 230.

Time of designation. Continuous.

Controlling agency. U.S. Air Force, Eglin

Approach Control.

Using agency. U.S. Air Force, Commander,

U.S. Space Command, Peterson AFB, CO.

Issued in Washington, DC, on December

21, 1995.

Harold W. Becker,

Manager, Airspace-Rules and Aeronautical

Information Division.

[FR Doc. 95–31571 Filed 12–29–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. 94F–0283]

Food Additives Permitted in Feed and

Drinking Water of Animals; Menadione

Nicotinamide Bisulfite

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of menadione nicotinamide

bisulfite as a nutritional supplement for

the prevention of vitamin K deficiency

and as a source of supplemental niacin

in chicken and turkey feed when used

at a rate not to exceed 2 grams per ton

(g/t) of complete feed. This action is in

response to a food additive petition filed

by Vanetta (U.S.A.) Inc.

DATES: Effective January 2, 1996; written

objections and request for hearing by

February 1, 1996.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

rm. 1–23, 12420 Parklawn Dr.,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Sharon A. Benz, Center for Veterinary

Medicine (HFV–226), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–1729.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

August 15, 1994 (59 FR 41769), FDA

announced that a food additive petition

(FAP 2228) had been filed by Vanetta

(U.S.A.) Inc., 1770 East Market St., York,

PA 17402. The petition proposed to

amend the food additives regulations in

21 CFR part 573 to provide for the safe

use of menadione nicotinamide bisulfite

as a nutritional supplement for the

prevention of vitamin K deficiency in

chickens and turkeys and as a source of

supplemental niacin in chicken and

turkey diets to be used at a level not to

exceed 2 g/t of complete feed.

The notice of filing provided for a 75-

day comment period. No comments

were received.

FDA has evaluated the data and

information in the petition and other

relevant material. FDA concludes that

the proposed use of the additive in

chicken and turkey diets, not to exceed

2 g/t of complete feed, is safe. Therefore,

the food additive regulations in part 573

are amended to add new § 573.625 to

reflect this approved use.

In accordance with § 571.1(h) (21 CFR

571.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Veterinary

Medicine by appointment with the

information contact person listed above.

As provided in 21 CFR 571.1(h), the

agency will delete from the documents

any materials that are not available for

public disclosure before making the

documents available for inspection.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

Any person who will be adversely

affected by this regulation may at any

time on or before February 1, 1996, file

with the Dockets Management Branch

(address above) written objections

thereto. Each objection shall be

separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 573

Animal feeds, Food additives.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 573 is amended as follows:

PART 573—FOOD ADDITIVES

PERMITTED IN FEED AND DRINKING

WATER OF ANIMALS

1. The authority citation for 21 CFR

part 573 continues to read as follows:

Authority: Secs. 201, 402, 409 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348).

2. New § 573.625 is added to subpart

B to read as follows:

§ 573.625 Menadione nicotinamide

bisulfite.

The food additive may be safely used

as follows:

(a) Product. The additive is 1,2,3,4-

tetrahydro-2-methyl-1,4-dioxo-2-

naphthalene sulfonic acid with 3-

pyridine carboxylic acid amine (CAS

No. 73581–79–0).

(b) Conditions of use. As a nutritional

supplement in chicken and turkey feeds

for both the prevention of vitamin K

deficiency and as a source of

supplemental niacin.

(c) Limitations. Not to exceed 2 grams

per ton of complete feed. To assure safe

use, the label and labeling shall bear

adequate directions for use.