Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations 19817

71.1. The Class E airspace designations

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) modifies the Class E5 airspace

at Youngstown-Warren Regional

Airport, Youngstown, Ohio and revises

the language for the Class E5 airspace

designations for Alliance, OH and

Salem, OH. The closing of the

Youngstown Executive Airport,

Youngstown, OH on August 15, 1995

and deletion of the airport’s VOR

Runway 11/29 Standard Instrument

Approach Procedure (SIAP) require this

modification to ensure that the

procedures at Youngstown-Warren

Regional Airport are contained within

controlled airspace and that the

Alliance and Salem, OH, Class E

airspace designations are appropriately

identified.

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 will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

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—[AMENDED]

1. The authority citation for 14 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 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL OH E5 Alliance, OH [Revised]

Alliance, Miller Airport, OH

(Lat. 40°58′54′′ N, long. 81°02′31′′ W)

Sebring, Tri-City Airport, OH

(Lat. 40°54′21′′ N, Long. 81°00′00′′ W)

That airspace extending upward from 700

feet above the surface within a 6.2-mile

radius of Miller Airport and within a 6.2-mile

radius of the Tri-City Airport.

* * * * *

AGL OH E5 Salem, OH [Revised]

Salem Airpark Incorporated Airport, OH

(Lat. 40°56′53′′ N, long. 80°51′43′′ W)

That airspace extending upward from 700

feet above the surface within a 6.3-mile

radius of the Salem Airpark, Inc. Airport,

excluding that airspace within the Alliance,

OH, Youngstown Elser Metro Airport, OH,

Class E Airspace areas.

* * * * *

AGL OH E5 Youngstown Warren Regional

Airport, OH [Revised]

(Lat. 41°15′32′′ N, long. 80°40′34′′ W)

Youngstown, Landsdowne Airport, OH

(Lat. 41°07′50′′ N, long. 80°37′10′′ W)

Youngstown VORTAC

(Lat. 41°19′52′′ N, long. 80°40′29′′ W)

That airspace extending upward from 700

feet above the surface within a 6.9-mile

radius of the Youngstown-Warren Regional

Airport and within 3.1 miles each side of the

Youngstown VORTAC 358° radial extending

from the 6.9-mile radius to 10 mile north of

the VORTAC, and within the 6.2-mile radius

of the Landsdowne Airport.

* * * * *

Issued in Des Plaines, Illinois on April 1,

1996.

Maureen Woods,

Acting Manager, Air Traffic Division.

[FR Doc. 96–11025 Filed 5–2–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 95–AEA–14]

Establishment of Class E Airspace;

Richlands, VA

AGENCY: Federal Aviation

Administration (FAA) DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace at Richlands, VA. The

development of a Global Positioning

System (GPS) Standard Instrument

Approach Procedure (SIAP) to Runway

(RWY) 25 at Tazewell County Airport

has made this action necessary. The

intended effect of this action is to

provide adequate controlled airspace for

Instrument Flight Rules (IFR) operations

at Tazewell County Airport.

EFFECTIVE DATE: 0901 UTC, June 20,

1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Frances T. Jordan., Airspace

Specialist, System Management Branch,

AEA–530, Air Traffic Division, Eastern

Region, Federal Aviation

Administration, Federal Building #111,

John F. Kennedy International Airport,

Jamaica, New York 11430, telephone:

(718) 553–4521.

SUPPLEMENTARY INFORMATION:

History

On January 8, 1996, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) by establishing a Class E

airspace area at Tazewell County

Airport, Richlands, VA (61 FR 551). The

development of a GPS SIAP at Tazewell

County Airport has made this action

necessary.

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. Class E airspace

designations are published in paragraph

6005 of FAA Order 7400.9C, dated

August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes a Class E airspace

area at Richlands, VA. The development

of a GPS SIAP at Tazewell County

Airport has made this action necessary.

The intended effect of this action is to

provide adequate Class E airspace for

aircraft executing the GPS RWY 25 SIAP

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 10034; 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
19818 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Rules and Regulations

1The Commission voted 2–1 to issue this rule.

Chairman Ann Brown and Commissioner Thomas

H. Moore voted in the majority. Commissioner Mary

Sheila Gall voted in the minority. Each

commissioner issued a separate statement

concerning this vote. Copies of the statements can

be obtained from the Commission’s Office of the

Secretary, Washington, DC 20207, telephone (301)

504–0800.

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.

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—[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 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 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA VA E5 Richlands, VA [New]

Tazewell County Airport, VA

(Lat. 37°03′49′′ N, Long. 81°47′54′′ W)

That airspace extending upward from 700

feet above the surface within a 6-mile radius

of Tazewell County Airport.

* * * * *

Issued in Jamaica, New York on April 10,

1996.

John S. Walker,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 96–11024 Filed 5–2–96; 8:45 am]

BILLING CODE 4910–13–M

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1500

Requirements for Labeling of Retail

Containers of Charcoal

AGENCY: Consumer Product Safety

Commission.

ACTION: Final rule.

SUMMARY: Under the Federal Hazardous

Substances Act, the Commission issues

a rule to change the required labeling for

retail containers of charcoal intended

for cooking or heating. The labeling

addresses the potentially lethal carbon

monoxide hazard associated with

burning charcoal in confined spaces.

The amendments, which include a

pictogram, make the label more

noticeable and more easily read and

understood and increase the label’s

ability to motivate consumers to avoid

burning charcoal in homes, tents, or

vehicles.

DATES: The amended rule becomes

effective November 3, 1997.1

FOR FURTHER INFORMATION CONTACT:

Mary Toro, Division of Regulatory

Management, Office of Compliance,

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone

(301)504–0400 ext. 1378. Copies of

documents relating to this rulemaking

may be obtained from the Office of the

Secretary, Washington, DC 20207,

telephone (301)504–0800.

SUPPLEMENTARY INFORMATION:

A. Background

1. Relevant Statutes and Regulations.

Since its creation in 1973, the Consumer

Product Safety Commission

(‘‘Commission’’ or ‘‘CPSC’’ has

administered the Federal Hazardous

Substances Act (‘‘FHSA’’), 15 U.S.C.

1261–1278. Prior to that time, the FHSA

was administered by the Food and Drug

Administration (‘‘FDA’’).

The FHSA defines ‘‘hazardous

substance’’ as including any ‘‘substance

or mixture of substances which (i) is

toxic * * * if [it] may cause substantial

personal injury or substantial illness

during or as a proximate result of any

customary or reasonably foreseeable

handling or use * * *.’’ Section

2(f)(1)(A) of the FHSA, 15 U.S.C.

1261(f)(1)(A). Hazardous substances are

misbranded if they do not bear the

labeling required by section 2(p)(1) of

the FHSA, 15 U.S.C. 1261(p)(1).

Section 3(b) of the FHSA, 15 U.S.C.

1262(b), authorizes the Commission to

issue regulations establishing variations

from or additions to the labeling

required under section 2(p)(1) if the

Commission finds that the requirements

of section 2(p)(1) are not adequate for

the protection of the public health and

safety in view of the special hazard

presented by any particular hazardous

substance. Rulemaking under section

3(b) is conducted under the informal

notice and comment procedure

provided in 5 U.S.C. 553.

In addition, section 3(a) of the FHSA,

15 U.S.C. 1262(a), authorizes the

Commission to issue regulations

declaring products to be hazardous

substances if the Commission finds they

meet the definition of hazardous

substance in section 2(f)(1)(A). The

purpose of this authority is to avoid or

resolve uncertainty as to the application

of the FHSA. 15 U.S.C. 1262(a).

In 1971, the Food and Drug

Administration (‘‘FDA’’) issued a rule

under section 3(a) of the FHSA to

declare charcoal in containers for retail

sale and intended for cooking or heating

to be a hazardous substance. 36 FR

14,729 (August 11, 1971); 21 CFR

§ 191.5. At the same time, FDA issued

a rule under section 3(b) of the FHSA

to require a statement on such packages

of charcoal that would warn of the

potentially deadly hazard of CO

poisoning from charcoal when used in

a confined area. Id. at § 191.7. These

rules are currently codified at 16 CFR

§§ 1500.12(a)(1) and 1500.14(b)(6),

respectively. The currently required

label is as follows:

BILLING CODE 6355–01–P