This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25145 

Vol. 74, No. 100 

Wednesday, May 27, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0327; Airspace 

Docket 09–ASO–014] 

Establishment of Class D Airspace, 

Modification of Class E Airspace; 

Bunnell, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action establishes Class 

D airspace and modifies Class E airspace 

at Flagler County Airport in Bunnell, 

FL. A new Federal Contract Air Traffic 

Control Tower is being built for Flagler 

County Airport. Class D Surface 

airspace is required to be established 

and after evaluation the existing Class E 

airspace will be modified to facilitate a 

more efficient operation. This rule 

increases the safety and management of 

the National Airspace System (NAS) 

around Flagler County Airport. 

DATES: Effective 0901 UTC, August 27, 

2009. 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. Comments should be 

received no later that June 26, 2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building, 

Ground Floor, Room W12–140, 1200 

New Jersey, SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2009– 

0327; Airspace Docket No. 09–ASO– 

014, at the beginning of your comments. 

You may also submit and review 

received comments through the Internet 

at http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

An informal docket may also be 

examined during normal business hours 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit and adverse or negative 

comment is received within the 

comment period, the regulation will 

become effective on the date specified 

above. After the close of the comment 

period, the FAA will publish a 

document in the Federal Register 

indicating that no adverse or negative 

comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. An electronic copy 

of this document may be downloaded 

from and comments may be submitted 

and reviewed at http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications/airspace_amendments/. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address specified under 

the caption ADDRESSES above or through 

the Web site. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0327; Airspace 

Docket No. 09–ASO–014.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

This amendment to Title 14 of the 

Code of Federal Regulations (14 CFR) 

part 71 establishes Class D airspace 

around the Flagler County Airport, 

which extends upward from the surface 

of the Earth to and including 1,500 feet 

MSL within a 4.0-mile radius of the 

Airport. Additionally, the existing Class 

E airspace that extends upwards from 

700 feet above the surface of the Earth 

(E5) will have its dimensions increased 

from a 6.4-mile radius to a 6.5-mile 

radius of the Flagler County Airport. 

Class D and Class E airspace 

designations are published in 

paragraphs 5000 and 6005 respectively 


PWALKER on PROD1PC71 with RULES
25146 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Rules and Regulations 

of FAA Order 7400.9S, dated October 3, 

2008, and effective October 31, 2008, 

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. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

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, 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 establishes Class D and modifies Class 

E airspace at Flagler County Airport in 

Bunnell, FL. 

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 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 Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

ASO FL D Bunnell, FL [New] 

Flagler County Airport, Bunnell, FL 

(Lat. 29°28′03′′ N, long. 81°12′23′′ W) 

That airspace extending upward from the 

surface of the Earth, to and including 1,500 

feet MSL, within a 4.0-mile radius of the 

Flagler County Airport. This Class D airspace 

area is effective during the specific days and 

times established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 feet or more above the 

Surface of the Earth. 

* * * * * 

ASO FL E5 Bunnell, FL [Revised] 

Flagler County Airport, Bunnell, FL 

(Lat. 29°28′03′′ N, long. 81°12′23′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Flagler County Airport. 

* * * * * 

Issued in College Park, Georgia, on May 11, 

2009. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E9–12028 Filed 5–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 522 

[Docket No. FDA–2009–N–0665] 

Implantation or Injectable Dosage 

Form New Animal Drugs; Change of 

Sponsor; Luprostiol 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for luprostiol 

injectable solution from Intervet, Inc., to 

Virbac AH, Inc. 

DATES: This rule is effective May 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8307, email: david.newkirk@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Intervet 

Inc., P.O. Box 318, 29160 Intervet Lane, 

Millsboro, DE 19966, has informed FDA 

that it has transferred ownership of, and 

all rights and interest in, NADA 140– 

857 for EQUESTROLIN (luprostiol) 

injectable solution to Virbac AH, Inc., 

3200 Meacham Blvd., Ft. Worth, TX 

76137. Accordingly, the regulations are 

amended in 21 CFR 522.1290 to reflect 

the change of sponsorship and a current 

format. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 522 

Animal drugs. 

■ 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 522 is amended as follows: 

PART 522—IMPLANTATION OR 

INJECTABLE DOSAGE FORM NEW 

ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 522 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. In § 522.1290, revise the section 

heading and paragraphs (a), (b), and (d) 

to read as follows: 


PWALKER on PROD1PC71 with RULES