Unknown. Direct final rule; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-10-19.xml --- 69 201 Tuesday, October 19, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61464-61466 04-22981 Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Monsanto Co. et al; genetically engineered glyphosate-tolerant sugar beet, 61466-61467 E4-2710 Coast Guard Coast Guard RULES Regattas and marine parades:

Columbus Day Regatta, 61442-61444 04-23371 Elizabeth River at Portsmouth, VA, 61440-61442 04-23373 PROPOSED RULES Drawbridge operations: Connecticut, 61455-61457 04-23372 NOTICES Committees; establishment, renewal, termination, etc.: Cook Inlet Regional Citizen's Advisory Committee, 61505 04-23370 Commerce Commerce Department See International Trade Administration See Technology Administration Defense Defense Department See Navy Department Education Education Department PROPOSED RULES Civil rights:

Boy Scouts of America Equal Access Act; implementation, 61555-61562 04-23290 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61472-61475 E4-2716 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 61475 04-23502 Energy Energy Department NOTICES Electricity export and import authorizations, permits, etc.: NorthPoint Energy Solutions, Inc., 61475-61476 04-23354 Rainbow Energy Marketing Corp., 61476 04-23355 EPA Environmental Protection Agency NOTICES Air pollutants, hazardous; national emission standards:

Alternative monitoring decisions and regulatory interpretations, 61476-61482 04-23392 Meetings: FIFRA Scientific Advisory Panel, 61482-61489 04-23396 04-23397 Pesticide registration, cancellation, etc.: Huntsman Advanced Materials, et al., 61489-61494 04-23398 Superfund; response and remedial actions, proposed settlements, etc.: Bernstein Salvage Site, IA, 04-23263 61494-61495 04-23265 Helena Chemical Co. Site, MO, 61495 04-23264 FAA Federal Aviation Administration RULES Class E airspace, 61439-61440 04-23387 NOTICES Advisory circulars; availability, etc.:

Part 23 airplanes; standardization guide for integrated cockpits, 61544 04-23389 Airport revenue use; policy and procedures: Sarasota-Manatee Airport Authority, FL; petition to allow revenue use for direct subsidy of air carrier operations; petition denied, 61544-61548 04-23381 Environmental statements; availability, etc.: Gary/Chicago International Airport, IN; master plan development, 61548-61549 04-23382 Passenger facility charges; applications, etc.: Charlottesville-Albermarle Airport, VA, 61549 04-23385 Juneau International Airport, AK, 61549-61550 04-23383 Railroad Safety Advisory Committee; working group activity update, 61550-61551 04-23384 FBI Federal Bureau of Investigation NOTICES Agency information collection activities; proposals, submissions, and approvals, 61526 04-23300 FCC Federal Communications Commission NOTICES Meetings;

Sunshine Act, 61495-61496 04-23460 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 61445-61448 04-23305 Flood insurance; suspension of eligibility: Nebraska, 61444-61445 04-23308 PROPOSED RULES Flood elevation determinations: Missouri, 61457-61460 04-23307 North Dakota and Utah, 61460-61461 04-23306 NOTICES Countrywide per capita impact indicator; increase, 61505-61506 04-23320 Disaster and emergency areas: Alabama, 61506 04-23323 Florida, 04-23311 61506-61508 04-23314 Georgia, 61508 04-23328 Kansas, 61508-61509 04-23329 Minnesota, 61509 04-23317 New Jersey, 61509-61510 04-23330 New York, 04-23331 61510-61511 04-23332 North Carolina, 04-23322 61511-61512 04-23324 Pennsylvania, 61512 04-23326 South Carolina, 61512-61513 04-23315 Tennessee, 61513 04-23333 Virgin Islands, 61514 04-23316 West Virginia, 61514 04-23327 Wisconsin, 61514-61515 04-23309 Grants and cooperative agreements; availability, etc.:

Small project grants to State and local governments and nonprofit facilities; maximum amount increase, 61515 04-23319 Individuals and Households Program; maximum amount increase, 61515 04-23321 Statewide per capita impact indicator; increase, 61515-61516 04-23318 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions: Canadian National Railway Company, 61552 04-23388 Exemption petitions, etc.: Union Pacific Railroad Co., 61551-61552 04-23386 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 61496 04-23301 Permissible nonbanking activities, 61496 04-23302 Municipal bonds and coupons, State and local governments; noncash collection service withdrawal proposal, 61496-61499 04-23378 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Checks drawn on U.S. Treasury; indorsement and payment, 61563-61576 04-23279 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Riverside fairy shrimp, 61461-61463 04-23225 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Madera County, 61467-61468 04-23363 Health Health and Human Services Department See National Institutes of Health See Public Health Service Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See National Communications System See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Reports and guidance documents; availability, etc.: Homeless Management Information Systems, 61517-61519 04-23438 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES Antidumping:

Brake rotors from— China, 61468-61470 04-23379 Countervailing duties: Low enriched uranium from— Various countries, 61470 04-23376 Justice Justice Department See Federal Bureau of Investigation See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 61526-61527 04-23299 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Survey plat filings:

New Mexico, 61519 04-23364 Oregon and Washington, 61519 04-23380 Maritime Maritime Administration RULES Information collection responses; electronic transmittal options, 61448-61452 04-23361 Merchant Marine training: Merchant Marine Academy and State maritime academy graduates; service obligation requirements, 61452-61454 04-23360 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61519-61526 04-23304 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Clintwood Elkhorn Mining Co., 61527 04-23352 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 61527-61529 04-23353 National Communications National Communications System NOTICES Meetings: National Security Telecommunications Advisory Committee, 61516 04-23424 National National Council on Disability NOTICES Meetings: Youth Advisory Committee, 61529 04-23777 NIH National Institutes of Health NOTICES Meetings: National Eye Institute, 61499 04-23337 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 61500 04-23338 National Institute of Child Health and Human Development, 61500-61502 04-23341 04-23346 National Institute of Diabetes and Digestive and Kidney Diseases, 61502-61503 04-23348 National Institute on Aging, 61502 04-23347 National Institute on Alcohol Abuse and Alcoholism, 61501 04-23343 Scientific Review Center, 04-23349 61503-61504 04-23350 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 61529 04-23494 Navy Navy Department NOTICES Environmental statements; record of decision: Hancock County, MS; purchase of land for Naval Special Operations Forces and Jungle Training Range, 61471-61472 04-23334 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 61529-61530 04-23391 Meetings; Sunshine Act, 61530 04-23425 Public Public Debt Bureau See Fiscal Service Public Public Health Service NOTICES Reports and guidance documents; availability, etc.:

National Toxicology Program— In vitro methods for accessing acute systemic toxicity, report, and in vitro data use to estimate in vivo starting doses for acute toxicity, guidance, 61504-61505 04-23335 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 61530-61532 E4-2714 Chicago Stock Exchange, Inc., 61532-61533 E4-2713 National Association of Securities Dealers, Inc., 61533-61537 E4-2709 New York Stock Exchange, Inc., 61538-61541 E4-2708 Pacific Exchange, Inc., 61541-61543 E4-2711 E4-2712 SBA Small Business Administration NOTICES Disaster loan areas:

Pennsylvania, 61543 04-23401 Tennessee, 61543-61544 04-23400 Virgin Islands, 61544 04-23402 Meetings: Audit and Financial Management Advisory Committee, 61544 04-23403 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Tacoma Rail, 61552-61553 04-23138 Technology Technology Administration NOTICES Meetings: National Medal of Technology Nomination Evaluation Committee, 61470-61471 04-23399 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Civil aviation security:

Certificated aircraft operator security requirements, 61516-61517 04-23390 Treasury Treasury Department See Fiscal Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61553 04-23358 Meetings: Debt Management Advisory Committee, 61553-61554 04-23356 Separate Parts In This Issue Part II Education Department, 61555-61562 04-23290 Part III Treasury Department, Fiscal Service, 61563-61576 04-23279 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 201 Tuesday, October 19, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2004-19325; Airspace Docket No. 04-ACE-54] Modification of Class E Airspace; Dodge City, KS AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace areas at Dodge City, KS. A review of the controlled airspace areas at Dodge City, KS revealed noncompliance with criteria for diverse departures from Dodge City Regional Airport. The review also identified other discrepancies in the legal descriptions for the Dodge City, KS Class E airspace areas.

The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing Standard Instrument Approach Procedures (SIAPs) to Dodge City Regional Airport. It also corrects discrepancies in the legal descriptions of Dodge City, KS Class E airspace areas and brings the airspace areas and legal descriptions into compliance with FAA Orders. DATES: This direct final rule is effective on 0901 UTC, January 20, 2005. Comments for inclusion in the Rules Docket must be received on or before November 22, 2004.

ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2004-19325/Airspace Docket No. 04-ACE-54, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816)329-2525. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the Class E airspace area designated as a surface area and the Class E airspace area extending upward from 700 feet above the surface at Dodge City, KS. An examination of controlled airspace for Dodge City, KS revealed that these Class E airspace areas do not comply with airspace requirements for diverse departures from Dodge City Regional Airport as set forth in FAA Order 7400.2E, Procedures for Handling Airspace Matters. The legal description of neither class E airspace area reflects the correct Dodge City Regional Airport airport reference point (ARP). The examination also revealed the lack of an extension to the Class E airspace area extending upward from 700 feet above the surface necessary to protect aircraft executing SIAPs. This action modifies the Dodge City, KS Class E airspace area designated as a surface area from a 4.3-mile to a 4.2-mile radius of Dodge City Regional Airport. It expands the Class E airspace area extending upward from 700 feet above the surface from a 6.5-mile to a 6.7-miles radius of Dodge City Regional Airport and adds a southeast extension. The extension is defined by the Dodge City collocated very high frequency omni-directional radio range and tactical air navigational aid (VORTAC) 160° radial, is 3.8 miles wide and extends to 11.4 miles southeast of the airport. The Dodge City VORTAC and the airspace extension are added to the legal description for the Class E airspace area extending upward from 700 feet above the surface. Additionally, the Dodge City Regional Airport ARP is corrected in both legal descriptions. These modifications provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing SIAPs to Dodge City Regional Airport and bring the legal descriptions of the Dodge City, KS Class E airspace areas into compliance with FAA Order 7400.2E. Class E airspace areas designated as surface areas are published in Paragraph 6002 of FAA Order 7400.9M, dated August 30, 2004, and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraphs 6005 of the same FAA Order. The Class E airspace designations listed in this document will be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment, or a written notice of intent to submit an 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 date on which the final rule will become effective. If the FAA does receive, 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 Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2004-19325/Airspace Docket No. 04-ACE-54.” The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the 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 is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)if promulgated, will not have a significant economic impact, positive or negative, 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 Accordingly, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; 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 7400.9M, dated August 30, 2004, and effective September 16, 2004, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. ACE KS E2 Dodge City, KS Dodge City Regional Airport, KS (Lat. 37°45′48″ N., long. 99°57′56″ W.) Within a 4.2-mile radius of Dodge City Regional Airport. Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ACE KS E5 Dodge City, KS Dodge City Regional Airport, KS (Lat. 37°45′48″ N., long. 99°57′56″ W.) Dodge City VORTAC (Lat. 37°51′02″ N., long. 100°00′20″ W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of Dodge City Regional Airport and within 1.9 miles each side of the Dodge City VORTAC 160° radial extending from the 6.8-mile radius of the airport to 17 miles southeast of the VORTAC. Issued in Kansas City, MO on October 7, 2004. Paul J. Sheridan, Area Director, Western Flight Services Operations. [FR Doc. 04-23387 Filed 10-18-04; 8:45 am]

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