[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 5-8]
[FR Doc No: 2015-33026]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 176

[Docket No. FDA-2015-F-0714]

Indirect Food Additives: Paper and Paperboard Components

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending the
food additive regulations to no longer provide for the use of three
specific perfluoroalkyl ethyl containing food-contact substances (FCSs)
as oil and water repellants for paper and paperboard for use in contact
with aqueous and fatty foods because new data are available as to the
toxicity of substances structurally similar to these compounds that
demonstrate there is no longer a reasonable certainty of no harm from
the food-contact use of these FCSs. This action is in response to a
petition filed by the Natural Resources Defense Council, the Center for
Food Safety, the Breast Cancer Fund, the Center for Environmental
Health, Clean Water Action, the Center for Science in the Public
Interest, Children's Environmental Health Network, Environmental
Working Group, and Improving Kids' Environment.

DATES: This rule is effective January 4, 2016. Submit either electronic
or written objections and requests for a hearing by February 3, 2016.
See section VIII for further information on the filing of objections.

ADDRESSES: You may submit objections and requests for a hearing as
follows:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Objections submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your objection will be
made public, you are solely responsible for ensuring that your
objection does not include any confidential information that you or a
third party may not wish to be posted, such as medical information,
your or anyone else's Social Security number, or confidential business
information, such as a manufacturing process. Please note that if you
include your name, contact information, or other information that
identifies you in the body of your objection, that information will be
posted on http://www.regulations.gov.
     If you want to submit an objection with confidential
information that you do not wish to be made available to the public,
submit the objection as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions in the following way:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper objections submitted to the Division of
Dockets Management, FDA will post your objection, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-

2015-F-0714 for ``Indirect Food Additives: Paper and Paperboard
Components.'' Received objections will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit an objection with
confidential information that you do not wish to be made publicly
available, submit your objections only as a written/paper submission.
You should submit two copies total. One copy will include the
information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Paul Honigfort, Center for Food Safety
and Applied Nutrition (HFS-275), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In a notice published in the Federal Register on March 16, 2015 (80
FR 13508), we announced that we filed a food additive petition (FAP
4B4809) submitted by the Natural Resources Defense Council, 1152 15th
St. NW., Suite 300, Washington, DC 20005; the Center for Food Safety,
303 Sacramento St., Second Floor, San Francisco, CA 94111; Clean Water
Action, 1444 Eye St. NW., Suite 400, Washington, DC 20005; the Center
for Science in the Public Interest, 1220 L St. NW., Suite 300,
Washington, DC 20005; Children's Environmental Health Network, 110
Maryland Ave. NE., Suite 404, Washington, DC 20002; the Breast Cancer
Fund, 1388 Sutter St., Suite 400, San Francisco, CA 94109-5400; the
Center for Environmental Health, 2201 Broadway, Suite 302, Oakland, CA
94612; Environmental Working Group, 1436 U St. NW., Suite 100,
Washington, DC 20009; and Improving Kids' Environment, 1915 West 18th
St., Indianapolis, IN 46202.
    The petition proposed to amend Sec.  176.170 (21 CFR 176.170) to no
longer provide for the use of three perfluoroalkyl ethyl containing
FCSs as oil and water repellants for paper and paperboard for use in
contact with aqueous and fatty foods. The three FCSs which are the
subjects of this petition are as follows:

    1. Diethanolamine salts of mono- and bis (1H,1H,2H,2H
perfluoroalkyl) phosphates where the alkyl group is even-numbered in
the range C8-C18 and the salts have a fluorine content of 52.4
percent to 54.4 percent as determined on a solids basis;
    2. Pentanoic acid, 4,4-bis [(gamma-omega-perfluoro-C8-20-
alkyl)thio] derivatives, compounds with diethanolamine (CAS Reg. No.
71608-61-2); and
    3. Perfluoroalkyl substituted phosphate ester acids, ammonium
salts formed by the reaction of 2,2-bis[([gamma], [omega]-perfluoro
C4-20 alkylthio) methyl]-1,3-propanediol, polyphosphoric acid and
ammonium hydroxide.

II. Evaluation of Safety

    The three subject FCSs are regulated as food additives under the
Federal Food, Drug, and Cosmetic Act (the FD&C Act). Section 409 of the
FD&C Act (21 U.S.C. 348) sets forth the statutory requirements for food
additives. Section 201(s) of the FD&C Act (21 U.S.C. 321(s)) includes
substances intended for use in producing, manufacturing, packing,
processing, preparing, treating, packaging, transporting, or holding
food among the substances defined as food additives, provided the
intended use results or may reasonably be expected to result in it
becoming a component of food and those uses were not sanctioned prior
to 1958 or are not generally recognized as safe among experts qualified
by scientific training and experience to evaluate its safety.
    Under section 402(a)(2)(c)(1) of the FD&C Act (21 U.S.C.
342(a)(2)(c)(1)), food shall be deemed to be adulterated if it is or if
it bears or contains any food additive that is unsafe within the
meaning of section 409 of the FD&C Act. A food additive shall be deemed
to be unsafe under section 409 of the FD&C Act, in relevant part,
unless its use conforms to a food additive regulation or an effective
food contact notification. Section 409(i) of the FD&C Act states that
the procedure for amending or repealing a regulation shall conform to
the procedure for the promulgation of such regulations. FDA's
regulations specific to the administrative actions for food additives
provide that the Commissioner, either on his own initiative or on the
petition of any interested person, may propose the issuance of a
regulation amending or repealing a regulation pertaining to a food
additive (Sec.  171.130(a) (21 CFR 171.130(a)). These regulations
further provide that any such petition must include an assertion of
facts, supported by data, showing that new information exists with
respect to the food additive or that new uses have been developed or
old uses abandoned, that new data are available as to toxicity of the
chemical, or that experience with the existing regulation or exemption
may justify its amendment or appeal. New data must be furnished in the
form specified in Sec.  171.1 (21 CFR 171.1) and 21 CFR 171.100 for
submitting petitions (see Sec.  171.130(b)). Under these regulations, a
petitioner may propose that we amend a food additive regulation if the
petitioner can demonstrate that new data are available as to the
toxicity of the food additive that may justify amendment of the food
additive regulation.
    Under section 409(c)(3) of the FD&C Act we will not establish a
regulation for the use of a food additive if a fair evaluation of the
data fails to establish that the proposed use of the food additive,
under the conditions of use to be specified in the regulation, will be
safe. Our regulations, at 21 CFR 170.3(h)(i), define safety as ``a
reasonable certainty in the minds of competent scientists that the
substance is not harmful under the intended conditions of use.'' In
order for FDA to grant a petition that seeks an amendment to a food
additive regulation based upon new data concerning the toxicity of the
food additive, such data must be adequate for FDA to conclude that
there is no longer

a reasonable certainty of no harm for the intended use of the
substance.
    The petition asserts that publically available information on long-
chain perfluorinated compounds as a chemical class, which has become
available after the food contact use of the three FCSs was approved,
demonstrates that there is no longer a reasonable certainty of no harm
from the food contact use of the three FCSs as listed in Sec.  176.170.
    All three of the FCSs subject to the petition contain extended
alkyl chains where all of the hydrogens are replaced by fluorine (hence
the FCSs are ``perfluorinated''). The toxicological profile of extended
perfluorinated alkyl chains varies with chain length: On a general
basis, those with extended perfluorinated alkyl chains greater than or
equal to eight carbons in length demonstrate biopersistence in chronic
feeding studies, while those with extended perfluorinated alkyl chains
less than eight carbons in length do not (Ref. 1). Biopersistence is
defined as persistence and accumulation of a material in a biological
tissue due to preferential deposition of the material in the tissue
combined with resistance of the material to removal from the tissue by
natural clearance mechanisms (Ref. 2). As such, compounds containing
extended perfluorinated alkyl chains are often classified as long-
(i.e., >= eight carbons in length) or short-chain perfluorinated
compounds, with implications for toxicology analysis including
consideration of biopersistence. All three of the FCSs contain extended
perfluorinated alkyl chains >= eight carbons in length and as such are
long-chain perfluorinated compounds (PFCs).
    The petition cites a 2010 FDA comprehensive review memorandum on
the available literature for long-chain PFCs (Ref. 3). This memorandum
noted that available data on long-chain perfluorocarboxylic acids and
fluorotelomer alcohols, both of which are subsets of long-chain PFCs,
demonstrate reproductive and developmental toxicity in animal models.
The FDA memorandum determined that, based on structural similarity to
long-chain perfluorocarboxylic acids and fluorotelomer alcohols, and in
the absence of contradictory data, data demonstrating reproductive and
developmental toxicity for long-chain perfluorocarboxylic acids and
fluorotelomer alcohols was applicable to long-chain PFCs on a general
basis. The petition asserts that, as the three subject FCSs are long-
chain PFCs, the concern for reproductive and developmental toxicity for
long-chain PFCs as determined in FDA's 2010 comprehensive review
memorandum is applicable to these three FCSs. The petition also
provides the results of an updated comprehensive literature search,
which the petition asserts reinforces the concern for reproductive and
developmental toxicity for long-chain PFCs. The petition also asserts
that the updated literature search did not discover any information
which would contradict FDA's 2010 determination that data demonstrating
reproductive and developmental toxicity for long-chain
perfluorocarboxylic acids and fluorotelomer alcohols was applicable to
long-chain PFCs on a general basis.
    Upon review of the available information, FDA has confirmed our
2010 determination that data demonstrating reproductive and
developmental toxicity for long-chain perfluorocarboxylic acids and
fluorotelomer alcohols are applicable to long-chain PFCs on a general
basis (Ref. 4). FDA's updated review noted that there are no available
toxicological studies conducted with the three FCSs that address the
endpoints of reproductive or developmental toxicity. As all three FCSs
are long-chain PFCs, and in the absence of data specific to the three
FCSs to address these endpoints, FDA utilized the available data
demonstrating reproductive and developmental toxicity for long-chain
perfluorocarboxylic acids and fluorotelomer alcohols to assess the
safety of the approved food-contact use of the FCSs. FDA's updated
review noted deficiencies in the available information used to
determine migration of the FCSs into food as a result of their approved
food-contact use (Ref. 5). For this reason FDA was unable to calculate
consumer exposure to the FCSs in a manner which would allow a
quantitative assessment of the safety of that exposure in the context
of the available data demonstrating reproductive and developmental
toxicity for long-chain perfluorocarboxylic acids and fluorotelomer
alcohols. However, FDA's review noted that available data demonstrate
that long-chain perfluorocarboxylic acids and fluorotelomer alcohols
biopersist in animals and that this biopersistence also occurs in
humans (Ref. 4). Although available migration information does not
allow a quantitative assessment of the safety of exposure to these
FCSs, the reproductive and development toxicity of the three FCSs can
be qualitatively assessed in the context of biopersistence and the
expectation that chronic dietary exposure to these FCSs would result in
a systemic exposure to the FCSs or their metabolic by-products at
levels higher than their daily dietary exposure (Ref. 4).

III. Comments on the Filing Notice

    We received very few comments on the petition. These comments
stated that the use of the three FCSs as listed in Sec.  176.170 has
been abandoned.
    The basis for the action requested in the petition is that new data
are available as to the toxicity of substances structurally similar to
the subject FCSs that justify amending Sec.  176.170. The petition is
not based on abandonment of the approved food contact use of these
three FCSs. We have made a determination that the information provided
in the petition and other publicly available relevant data demonstrates
that there is no longer a reasonable certainty of no harm for the food
contact use of the three FCS.

IV. Conclusion

    We reviewed the data and information in the petition and other
available relevant material to evaluate whether new data are available
as to the toxicity of the subject FCSs that justify amendment of Sec.
176.170. As a result of this review, we concluded that data for subsets
of long-chain PFCs (demonstrating biopersistence and reproductive and
developmental toxicity) are applicable to long-chain PFCs on a general
basis and that this data raises significant questions as to the safety
of the authorized uses of the three FCSs subject to the petition (Ref.
4). We also concluded that there is a lack of data specific to the
three subject FCSs subject to the petition to address these questions
(Ref. 4). For these reasons, in the absence of data specific to the
three FCSs to address reproductive and developmental toxicity, adequate
migration data to determine dietary exposure to the FCSs from the food-
contact use, and sufficient data to account for a consumer's systemic
exposure resulting from chronic dietary exposure to these FCSs, we
conclude that there is no longer a reasonable certainty of no harm for
the food contact use of these FCSs. Therefore, we are amending part 176
as set forth in this document. Upon the effective date (see DATES),
these food additive uses are no longer authorized.

V. Public Disclosure

    In accordance with Sec.  171.1(h), the petition and the documents
that we considered and relied upon in reaching our decision to approve
the petition will

be made available for public disclosure (see FOR FURTHER INFORMATION
CONTACT). As provided in Sec.  171.1(h), we will delete from the
documents any materials that are not available for public disclosure.

VI. Environmental Impact

    We have considered the environmental effects of this rule. As
stated in the March 16, 2015, Federal Register notice of petition for
FAP 4B4809 (80 FR 13508), we have determined, under 21 CFR 25.15(c),
that this action ``is of a type that does not individually or
cumulatively have a significant effect on the human environment'' such
that neither an environmental assessment nor an environmental impact
statement is required, as set forth in 21 CFR 25.32(m). We have not
received any new information or comments that would affect our previous
determination.

VII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.

VIII. Objections

    If you will be adversely affected by one or more provisions of this
regulation, you may file with the Division of Dockets Management (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify, with particularity, the provision(s) to which you object and
the grounds for your objection. Within each numbered objection, you
must specifically state whether you are requesting a hearing on the
particular provision that you specify in that numbered objection. If
you do not request a hearing for any particular objection, you waive
the right to a hearing on that objection. If you request a hearing,
your objection must include a detailed description and analysis of the
specific factual information you intend to present in support of the
objection in the event that a hearing is held. If you do not include
such a description and analysis for any particular objection, you waive
the right to a hearing on the objection.
    Any objections received in response to the regulation may be seen
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at http://www.regulations.gov. We will publish notice of the objections that we
have received or lack thereof in the Federal Register.

IX. References

    The following references have been placed on display in the
Division of Dockets Management (see ADDRESSES) and are available for
viewing by interested persons between 9 a.m. and 4 p.m., Monday through
Friday; they are also available electronically at http://www.regulations.gov. FDA has verified the Web site addresses, as of the
date this document publishes in the Federal Register, but Web sites are
subject to change over time.

    1. Rice, P.A. ``C6-Perfluorinated Compounds: The New
Greaseproofing Agents in Food Packaging,'' Current Environmental
Health Reports, 2:1, pp. 33-40, 2015.
    2. International Agency for Research on Cancer, http://monographs.iarc.fr/ENG/Monographs/vol81/mono81-8.pdf.
    3. FDA Memorandum from P. Rice to P. Honigfort, September 30,
2010.
    4. FDA Memorandum from P. Rice to P. Honigfort, July 27, 2015.
    5. FDA Memorandum from J. Cooper to P. Honigfort, July 23, 2015.

List of Subjects in 21 CFR Part 176

    Food additives, Food packaging.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and re-
delegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 176 is amended as follows:

PART 176--INDIRECT FOOD ADDITIVES: PAPER AND PAPERBOARD COMPONENTS

0
1. The authority citation for 21 CFR part 176 continues to read as
follows:

    Authority: 21 U.S.C. 321, 342, 346, 348, 379e.

Sec.  176.170  [Amended]

0
2. Amend Sec.  176.170 in the table in paragraph (a)(5) by removing the
entries for ``Diethanolamine salts of mono- and bis,'' ``Pentanoic
acid,'' and ``Perfluoroalkyl substituted phosphate ester acids.''

    Dated: December 29, 2015.
Susan Bernard,
Director, Office of Regulations, Policy and Social Sciences, Center for
Food Safety and Applied Nutrition.
[FR Doc. 2015-33026 Filed 12-31-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18634-18635]
[FR Doc No: 2019-08822]

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DEPARTMENT OF TRANSPORTATION

Office of the Assistant Secretary for Research and Technology

[Docket No. DOT-OST-2019-0028]

Notice of Request for Clearance of a Revision of a Currently
Approved Information Collection: National Census of Ferry Operators

AGENCY: Bureau of Transportation Statistics (BTS) Office of the
Assistant Secretary for Research and Technology (OST-R), DOT.

ACTION: Notice.

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SUMMARY: In accordance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, this notice announces the
intention of the BTS to request the Office of Management and Budget's
(OMB's) approval for an information collection related to the nation's
ferry operations. The information collected will be used to produce a
descriptive database of existing ferry operations. A summary report of
survey findings will also be published by BTS on the BTS web page.

DATES: Comments must be submitted on or before May 31, 2019.

FOR FURTHER INFORMATION CONTACT: Janine L. McFadden,<PHONE_NUMBER>,
NCFO Project Manager, BTS, OST-R, Department of Transportation, 1200
New Jersey Ave. SE, Room E32-316, Washington, DC 20590. Office hours
are from 8:00 a.m. to 5:30 p.m., E.T., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: National Census of Ferry Operators (NCFO).
    Type of Request: Approval modifications to an existing information
collection.
    Affected Public: There are approximately 250 ferry operators
nationwide.
    Abstract: In 1998, the Transportation Equity Act for the 21st
Century (TEA-21) (Pub. L. 105-178), section 1207(c), directed the
Secretary of Transportation to conduct a study of ferry transportation
in the United States and its possessions. In 2000, the Federal Highway
Administration (FHWA) Office of Intermodal and Statewide Planning
conducted a survey of approximately 250 ferry operators to identify:
(1) Existing ferry operations including the location and routes served;
(2) source and amount, if any, of funds derived from Federal, State, or
local governments supporting ferry construction or operations; (3)
potential domestic ferry routes in the United States and its
possessions; and (4) potential for use of high speed ferry services and
alternative-fueled ferry services. In 2005, the Safe, Accountable,
Flexible Efficient Transportation Equity Act--A Legacy for Users
(SAFETEA-LU) Public Law 109-59, Section 1801(e)) required that the
Secretary, acting through the BTS, shall establish and maintain a
national ferry database containing current information regarding
routes, vessels, passengers and vehicles carried, funding sources and
such other information as the Secretary considers useful. In 2012, MAP-
21 legislation [Moving Ahead for Progress in the 21st Century Act (Pub.
L. 112-141),] continued the BTS mandate to conduct the NCFO and also
required that the Federal Highway Administration (FHWA) use the NCFO
data to set the specific formula for allocating federal ferry funds.
The funding allocations were based on a percentage of the number of
passenger boardings, vehicle boardings, and route miles served. In
2015, the FAST Act legislation [Fixing America's Surface Transportation
Act (Pub. L. 114-94, sec. 1112)] continues the BTS mandate to conduct
the NCFO on a biennial basis, and extended the requirement that the
Federal Highway Administration (FHWA) use the NCFO data to set the
specific formula for allocating federal ferry funds as required in MAP-
21.
    BTS conducted the first National Census of Ferry Operators in 2006.
The Census was conducted again in 2008,

2010, 2014, 2016 and 2018. Preparations are already underway for the
next census in 2020. The overall length of the revised questionnaire
for the 2020 NCFO will remain consistent with that of previous years.
These information collections were originally approved by OMB under
Control Number 2139-0009. The overall length of the questionnaire for
the 2020 NCFO will remain consistent with that of previous years.
    The survey will be administered to the entire population of ferry
operators (estimate 250 or less). The survey will request the
respondents to provide information such as: the points served; the type
of ownership; the number of passengers and vehicles carried in the past
12 months; vessel descriptions (including type of fuel), federal, state
and local funding sources, and intermodal connectivity. All data
collected in 2020 will be added to the existing NCFO database.
    Data Confidentiality Provisions: The National Census of Ferry
Operators may collect confidential business information. The
confidentiality of these data will be protected under 49 CFR 7.29. In
accordance with this regulation, only statistical and non-sensitive
business information will be made available through publications and
public use data files. The statistical public use data are intended to
provide an aggregated source of information on ferry boat operations
nationwide. Business sensitive information may be shared with FHWA to
support FAST Act funding allocations.
    Frequency: This survey will be updated every other year.
    Estimated Average Burden per Response: The burden per respondent is
estimated to be an average of 30 minutes. This average is based on an
estimate of 20 minutes to answer questions that require answers
specific to that year and an additional 10 minutes to review (and
revise as needed) previously submitted data that will be pre-populated
for each ferry operation.
    Estimated Total Annual Burden: The total annual burden (in the year
that the survey is conducted) is estimated to be 125 hours (that is 30
minutes per respondent for 250 respondents equals 7,500 minutes).
    Response to Comments: A 60-day notice requesting public comment was
issued in the Federal Register on February 15, 2019. No comments were
received.
    Public Comments Invited: Interested parties are invited to send
comments regarding any aspect of this information collection,
including, but not limited to: (1) The necessity and utility of the
information collection for the proper performance of the functions of
the DOT; (2) the accuracy of the estimated burden; (3) ways to enhance
the quality, utility, clarity and content of the collected information;
and (4) ways to minimize the collection burden without reducing the
quality of the collected information. Send comments to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington, DC 20503, Attention: BTS Desk Officer.

    Issued in Washington, DC, on this 25th day of April, 2019.
Patricia Hu,
Director, Bureau of Transportation Statistics, Office of the Assistant
Secretary for Research and Technology.
[FR Doc. 2019-08822 Filed 4-30-19; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45407-45409]
[FR Doc No: 2016-16383]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-4429; Airspace Docket No. 16-ASW-8]

Amendment of Class E Airspace for the Following Louisiana Towns;
De Quincy, LA; Minden, LA; Slidell, LA; and Revocation of Class E
Airspace; Homer, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at De Quincy Industrial Airpark, De Quincy,
LA; Minden Airport, Minden, LA; and Slidell, Airport, Slidell, LA. The
decommissioning of non-directional radio beacons (NDB) and/or
cancellation of NDB approaches due to advances in Global Positioning
System (GPS) capabilities, and implementation of area navigation (RNAV)
procedures have made this action necessary for the safety and
management of Instrument Flight Rules (IFR) operations at these
airports. This action also removes Class E airspace extending upward
from 700 feet above the surface at Homer Municipal Airport, Homer, LA,
as controlled airspace is no longer needed. Additionally, the name of
Minden Airport (formerly Minden-Webster Airport) and the geographic
coordinates at De Quincy Industrial Airpark, Minden Airport, and
Slidell Airport are being adjusted to coincide with the FAA's
aeronautical database.

DATES: Effective 0901 UTC, September 15, 2016. 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.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation

Administration, 800 Independence Avenue SW., Washington, DC, 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.9Z at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 E airspace at De Quincy Industrial Airpark, De
Quincy, LA; Homer Municipal Airport, Homer, LA; Minden Airport, Minden,
LA; and Slidell, Airport, Slidell, LA.

History

    On April 13, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) (81 FR 21774), Docket No. FAA-
2016-4429, to modify Class E airspace extending upward from 700 feet
above the surface at De Quincy Industrial Airpark, De Quincy, LA; Homer
Municipal Airport, Homer, LA; Minden Airport, Minden, LA; and Slidell,
Airport, Slidell, LA. Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal
to the FAA. Subsequent to publication, the FAA found that Minden-
Webster Airport had been changed to Minden Airport and is noted as such
in this rule.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface within a 7.5-mile radius of De Quincy Industrial Airpark,
De Quincy, LA; within a 6.5-mile radius of Minden Airport, Minden, LA;
and within a 6.5-mile radius of Slidell Airport, Slidell, LA, with
segments extending from the 6.5-mile radius to 9.2 miles north, and 9
miles south of the airport. Airspace reconfiguration is necessary due
to the decommissioning of NDBs, cancellation of NDB approaches, and
implementation of RNAV procedures at the above airports. The Class E
airspace area extending upward from 700 feet above the surface within a
6.8-mile radius of Homer Municipal Airport, Homer, LA, is being removed
as controlled airspace is no longer needed. Additionally, the name of
Minden Airport (formerly Minden-Webster Airport) and the geographic
coordinates at De Quincy Industrial Airpark, Minden Airport, and
Slidell Airport are being adjusted to coincide with the FAA's
aeronautical database. All modifications to the Class E airspace are in
accordance with airspace requirements specified in FAA Joint Order
7400.2K, Procedures for Handling Airspace Matters. Controlled airspace
is necessary for the safety and management of standard instrument
approach procedures for IFR operations at the airports.

 Regulatory Notices and Analyses

    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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

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 E AIRSPACE AREAS;
AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  Amended

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW LA E5 De Quincy, LA [Amended]

De Quincy Industrial Airpark, LA
    (Lat. 30[deg]26'28'' N., long. 93[deg]28'25'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.5-mile radius of De Quincy Industrial Airpark.
* * * * *

ASW LA E5 Homer, LA [Removed]

* * * * *

ASW LA E5 Minden, LA [Amended]

Minden Airport, LA
    (Lat. 32[deg]38'46'' N., long. 93[deg]17'53'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Minden Airport.
* * * * *

ASW LA E5 Slidell, LA [Amended]

Slidell Airport, LA
    (Lat. 30[deg]20'47'' N., long. 89[deg]49'15'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Slidell Airport, and within 4.0 miles
each side of the 360[deg] bearing from the airport extending from
the 6.5-mile radius to 9.2 miles north of the airport, and within
4.0 miles each side of the 180[deg] bearing from the airport
extending from the 6.5-mile radius to 9.0 miles south of the
airport.

    Issued in Fort Worth, Texas, on June 27, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-16383 Filed 7-13-16; 8:45 am]
 BILLING CODE 4910-13-P