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71768 Federal Register / Vol. 72, No.

243 / Wednesday, December 19, 2007 / Rules and Regulations

§ 71.1 [Amended] DATES: Effective Date: 0901 UTC, executing new and amended SIAPs, and
■ 2. The incorporation by reference in February 14, 2008. The Director of the will be depicted on aeronautical charts
14 CFR 71.1 of Federal Aviation Federal Register approves this for pilot reference. The intended effect
Administration Order 7400.9R, Airspace incorporation by reference action under of this rule is to provide adequate
Designations and Reporting Points, title 1, Code of Federal Regulations, part controlled airspace for Instrument Flight
signed August 15, 2007, and effective 51, subject to the annual revision of Rules (IFR) operations at the McGrath
September 15, 2007, is amended as FAA Order 7400.9 and publication of Airport, McGrath, Alaska.
follows: conforming amendments. The FAA has determined that this
* * * * * FOR FURTHER INFORMATION CONTACT: Gary regulation only involves an established
Rolf, AAL–538G, Federal Aviation body of technical regulations for which
Paragraph 6005 Class E Airspace Extending frequent and routine amendments are
Administration, 222 West 7th Avenue,
Upward from 700 feet or More Above the necessary to keep them operationally
Surface of the Earth. Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–5898; fax: current. It, therefore—(1) is not a
* * * * * (907) 271–2850; e-mail: ‘‘significant regulatory action’’ under
AAL AK E5 Soldotna, AK [Revised] gary.ctr.rolf@faa.gov. Internet address: Executive Order 12866; (2) is not a
Soldotna, Soldotna Airport, AK http://www.alaska.faa.gov/at. ‘‘significant rule’’ under DOT
(Lat. 60°28′30″ N., long. 151°02′17″ W.) SUPPLEMENTARY INFORMATION:
Regulatory Policies and Procedures (44
Soldotna NDB FR 11034; February 26, 1979); and (3)
(Lat. 60°28′30″ N., long. 150°52′44″ W.) History does not warrant preparation of a
That airspace extending upward from 700 On Tuesday, October 16, 2007, the regulatory evaluation as the anticipated
feet above the surface within a 10.1-mile FAA proposed to amend part 71 of the impact is so minimal. Since this is a
radius of the Soldotna Airport and within 4 routine matter that will only affect air
miles either side of the 270° bearing of the Federal Aviation Regulations (14 CFR
part 71) to revise Class E airspace traffic procedures and air navigation, it
Soldotna NDB, AK, extending from the 10.1- is certified that this rule will not have
mile radius to 21 miles west of the Soldotna upward from 700 ft. above the surface
Airport, AK, and within 4.6 miles north and and from 1,200 ft. above the surface at a significant economic impact on a
4 miles south of the 090° bearing of the McGrath, AK (72 FR 58569). The action substantial number of small entities
Soldotna NDB, AK, extending from the 10.1- was proposed in order to create Class E under the criteria of the Regulatory
mile radius to 14.3 miles east of the Soldotna airspace sufficient in size to contain Flexibility Act.
Airport, AK; and that airspace extending
aircraft while executing SIAPs for the The FAA’s authority to issue rules
upward from 1,200 feet above the surface regarding aviation safety is found in
within a 73-mile radius of the Soldotna McGrath Airport. Class E controlled
airspace extending upward from 700 ft. Title 49 of the United States Code.
Airport. Subtitle 1, Section 106 describes the
above the surface and from 1,200 ft.
* * * * * authority of the FAA Administrator.
above the surface in the McGrath
Issued in Anchorage, AK, on December 11, Airport area is revised by this action. Subtitle VII, Aviation Programs,
2007. Interested parties were invited to describes in more detail the scope of the
Anthony M. Wylie, participate in this rulemaking agency’s authority.
Manager, Alaska Flight Services Information proceeding by submitting written This rulemaking is promulgated
Area Group. comments on the proposal to the FAA. under the authority described in
[FR Doc. E7–24409 Filed 12–18–07; 8:45 am] No comments were received. The rule is Subtitle VII, Part A, Subpart 1, Section
BILLING CODE 4910–13–P adopted as proposed. 40103, Sovereignty and use of airspace.
The area will be depicted on Under that section, the FAA is charged
aeronautical charts for pilot reference. with prescribing regulations to ensure
DEPARTMENT OF TRANSPORTATION The coordinates for this airspace docket the safe and efficient use of the
are based on North American Datum 83. navigable airspace. This regulation is
Federal Aviation Administration within the scope of that authority
The Class E airspace areas designated as
surface areas are published in paragraph because it creates Class E airspace
14 CFR Part 71 sufficient in size to contain aircraft
6002 of FAA Order 7400.9R, Airspace
[Docket No. FAA–2007–29012; Airspace Designations and Reporting Points, executing instrument procedures for the
Docket No. 07–AAL–15] signed August 15, 2007, and effective McGrath Airport and represents the
September 15, 2007, which is FAA’s continuing effort to safely and
Revision of Class E Airspace; incorporated by reference in 14 CFR efficiently use the navigable airspace.
McGrath, AK 71.1. The Class E airspace areas List of Subjects in 14 CFR Part 71
AGENCY: Federal Aviation designated as 700/1,200 ft. transition
Airspace, Incorporation by reference,
Administration (FAA), DOT. areas are published in paragraph 6005 of
Navigation (air).
ACTION: Final rule. FAA Order 7400.9R, Airspace
Designations and Reporting Points, Adoption of the Amendment
SUMMARY: This action revises Class E signed August 15, 2007, and effective
airspace at McGrath, AK to provide ■ In consideration of the foregoing, the
September 15, 2007, which is
adequate controlled airspace to contain Federal Aviation Administration
incorporated by reference in 14 CFR
aircraft executing Standard Instrument amends 14 CFR part 71 as follows:
71.1. The Class E airspace designations
Approach Procedures (SIAPs). Five listed in this document will be PART 71—DESIGNATION OF CLASS A,
SIAPs and a textual departure procedure published subsequently in the Order. CLASS B, CLASS C, CLASS D, AND
(DP) are being amended for the McGrath
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The Rule CLASS E AIRSPACE AREAS;


Airport. Additionally, one SIAP is being AIRWAYS; ROUTES; AND REPORTING
developed. This action revises existing This amendment to 14 CFR part 71 POINTS
Class E airspace upward from 700 feet revises Class E airspace at the McGrath
(ft.) and 1,200 ft. above the surface at the Airport, Alaska. This Class E airspace is ■ 1. The authority citation for 14 CFR
McGrath Airport, McGrath, AK. revised to accommodate aircraft part 71 continues to read as follows:

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Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations 71769

Authority: 49 U.S.C. 106(g), 40103, 40113, DEPARTMENT OF HEALTH AND A. Should N9 Remain Available as an
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– HUMAN SERVICES Active Ingredient in OTC Vaginal
1963 Comp., p. 389. Contraceptive Drug Products?
Food and Drug Administration B. What Issues Were Raised by
§ 71.1 [Amended]
Comments That Did Not Support
■ 2. The incorporation by reference in 21 CFR Part 201 the Proposed Warning Statements?
14 CFR 71.1 of Federal Aviation [Docket No. 1980N–0280] (formerly Docket 1. Will Warning Labels Be Seen,
Administration Order 7400.9R, Airspace No. 80N–0280) Understood, or Followed?
Designations and Reporting Points, RIN 0910–AF44 2. Are the Warnings Supported by the
signed August 15, 2007, and effective Scientific Literature?
September 15, 2007, is amended as Over-the-Counter Vaginal 3. Is FDA Required To Prove Actual
follows: Contraceptive and Spermicide Drug Causation To Justify the Warnings?
Products Containing Nonoxynol 9; C. Should Women Ask a Doctor
* * * * * Required Labeling Before Using N9 Products?
Paragraph 6002 Class E Airspace D. Where Will the Warnings Appear
AGENCY: Food and Drug Administration, in the Labeling?
Designated as Surface Areas.
HHS. E. Where Will the Condom Usage
AAL AK E2 McGrath, AK [Revised] ACTION: Final rule. Statement Appear in the Labeling?
McGrath, McGrath Airport, AK
SUMMARY: The Food and Drug
F. What Were the Comments on
(Lat. 62°57′10″ N., long. 155°36′20″ W.)
Administration (FDA) is issuing a final Condoms, Sexual Lubricants, and
That airspace within a 7.6-mile radius of rule establishing new warning Barrier Methods?
the McGrath Airport. This Class E airspace 1. Do Warnings Apply to Condoms
statements and other labeling
area is effective during the specific dates and and Sexual Lubricants?
information for all over-the-counter
times established in advance by a Notice to 2. Are Condoms Lubricated With N9
(OTC) vaginal contraceptive drug
Airmen. The effective date and time will Safe To Use?
products (also known as spermicides,
thereafter be continuously published in the 3. How Do Warnings Apply to N9
hereinafter referred to as vaginal
Airport/Facility Directory. Products Used With Barrier
contraceptives or vaginal
* * * * * Methods?
contraceptives/spermicides) containing
G. Is N9 Safe for Women at Low Risk
Paragraph 6005 Class E Airspace Extending nonoxynol 9 (N9). These warning
for HIV/AIDS and STDs?
Upward from 700 feet or More Above the statements will advise consumers that H. Is N9 Safe for Rectal Use?
Surface of the Earth. vaginal contraceptives/spermicides I. Does N9 Increase the Risk of STDs
containing N9 do not protect against Other Than HIV?
* * * * *
infection from the human J. What Issues Did Other Comments
AAL AK E5 McGrath, AK [Revised] immunodeficiency virus (HIV), the virus Discuss?
McGrath, McGrath Airport, AK that causes acquired immunodeficiency 1. Why Did FDA Define Frequent Use
(Lat. 62°57′10″ N., long. 155°36′20″ W.) syndrome (AIDS), or against getting of N9 as ‘‘More Than Once a Day’’?
other sexually transmitted diseases 2. Should ‘‘Pharmacist’’ or ‘‘Health
That airspace extending upward from 700
feet above the surface within a 8.1-mile
(STDs). The warnings and labeling Care Provider’’ Be Included on the
radius of the McGrath Airport and within 4
information will also advise consumers Label?
miles north and 8 miles south of the 123° that use of vaginal contraceptives and 3. What Does ‘‘Unprotected Sex’’
bearing from the McGrath Airport, AK spermicides containing N9 can irritate Mean?
extending from the 8.1-mile radius to 16 the vagina and rectum and may increase 4. What Does the Word ‘‘Irritation’’
miles southeast of the McGrath Airport, AK, the risk of getting the AIDS virus (HIV) Mean When Referring To ‘‘Vaginal
and within 4 miles east and west of the 008° from an infected partner. This final rule Irritation’’ in the Warning
bearing from the McGrath Airport, AK, is part of FDA’s ongoing review of OTC Language?
extending from the 8.1-mile radius to 11.2 drug products. FDA is issuing this final 5. Should Warnings Be Printed in
miles north of the McGrath Airport, AK; and rule after considering public comments Both English and Spanish?
that airspace extending upward from 1,200 on its proposed regulation, and all III. FDA’s Final Conclusions on
feet above the surface within a 74-mile radius relevant data and information on N9 Warnings and Other Labeling
of the McGrath Airport. that have come to our attention. Information for OTC Vaginal
* * * * * DATES: Effective Date: This rule is Contraceptive and Spermicide Drug
effective June 19, 2008. Products Containing N9
Issued in Anchorage, AK, on December 11, Compliance Date: The compliance A. New Labeling Requirements
2007. date for all products subject to this final B. Statement About Warnings
Anthony M. Wylie, rule, including products with annual IV. Analysis of Impacts
Manager, Alaska Flight Services Information sales less than $25,000, is June 19, 2008. V. Paperwork Reduction Act of 1995
Area Group. FOR FURTHER INFORMATION CONTACT: VI. Environmental Impact
[FR Doc. E7–24410 Filed 12–18–07; 8:45 am] Arlene Solbeck, Center for Drug VII. Federalism
BILLING CODE 4910–13–P Evaluation and Research, Food and VIII. References
Drug Administration, 10903 New
I. Background
Hampshire Ave., Bldg. 22, Silver Spring,
MD 20993, 301–796–2090. In the Federal Register of January 16,
2003 (68 FR 2254), FDA (we) published
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SUPPLEMENTARY INFORMATION:
a proposed rule (the proposed rule) to
Table of Contents require new labeling warning statements
I. Background for all OTC vaginal contraceptive drug
II. Comments on the Proposed Rule and products containing N9. These proposed
FDA’s Responses warning statements are intended to

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