Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Notices 60695

9 17 CFR 200.30–3(a)(12).

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NASD–2004–107 and 

should be submitted on or before 

November 2, 2004. 

For the Commission, by the Division 

of Market Regulation, pursuant to 

delegated authority.9

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–2571 Filed 10–8–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3629] 

State of Georgia (Amendment #1) 

In accordance with a notice received 

from the Department of Homeland 

Security ‘‘Federal Emergency 

Management Agency—effective 

September 24, 2004, the above 

numbered declaration is hereby 

amended to include Dade, Miller, and 

Pickens as disaster areas due to damages 

caused by Hurricane Ivan occurring on 

September 14, 2004, and continuing. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous counties of 

Decatur and Walker in the State of 

Georgia; DeKalb and Jackson Counties 

in the State of Alabama; and Hamilton 

and Marion Counties in the State of 

Tennessee may be filed until the 

specified date at the previously 

designated location. All other counties 

contiguous to the above named primary 

counties have previously been declared. 

The economic injury disaster number 

assigned to Tennessee is 9AD300. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 17, 2004 and for economic 

injury the deadline is June 20, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: September 30, 2004. 

Cheri L. Cannon, 

Acting Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–22860 Filed 10–8–04; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 4857] 

60-Day Notice of Proposed Information 

Collection: DS–3035, J Visa Waiver 

Recommendation Application, OMB 

Control Number 1405–0135

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: J 

Visa Waiver Recommendation 

Application. 

• OMB Control Number: 1405–0135. 

• Type of Request: Extension of a 

currently approved collection. 

• Originating Office: CA/VO. 

• Form Number: DS–3035. 

• Respondents: All J visa waiver 

applicants. 

• Estimated Number of Respondents:

10,000 per year. 

• Estimated Number of Responses:

10,000 per year. 

• Average Hours Per Response: 2 

hours. 

• Total Estimated Burden: 20,000 

hours per year. 

• Frequency: Once per respondent. 

• Obligation to Respond: Required to 

obtain or retain a benefit.

DATES: The Department will accept 

comments from the public up to 60 days 

from October 12, 2004.

ADDRESSES: Comments and questions 

should be directed to Brendan 

Mullarkey at the Department of State, 

Visa Office, who may be reached on 

202–663–1166. You may submit 

comments by any of the following 

methods: 

• E-mail: mullarkeybp@state.gov. You 

must include the DS form number (if 

applicable), information collection title, 

and OMB control number in the subject 

line of your message. 

• Mail (paper, disk, or CD-ROM 

submissions): Department of State, Visa 

Office, 2401 E Street, NW., Washington, 

DC 20522–0106. 

• Fax: 202–663–3897.

FOR FURTHER INFORMATION CONTACT:

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

Brendan Mullarkey of the Office of Visa 

Services, U.S. Department of State, 2401 

E St., NW., L–703, Washington, DC 

20522, who may be reached at 202–663–

1166 or mullarkeybp@state.gov.

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 

use of automated collection techniques 

or other forms of technology. 

Abstract of Proposed Collection: The 

form collects information from aliens 

applying for a waiver of the two-year 

residency requirement prescribed by 

INA Section 212(e). 

Methodology: Form DS–3035 will be 

mailed to the Waiver Review Division of 

the State Department’s Visa Office.

Dated: September 27, 2004. 

Stephen A. Edson, 

Acting Deputy Assistant Secretary of State 

for Visa Services, Bureau of Consular Affairs, 

Department of State.

[FR Doc. 04–22855 Filed 10–8–04; 8:45 am] 

BILLING CODE 4710–06–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

[Summary Notice No. PE–2004–77] 

Petitions for Exemption; Dispositions 

of Petitions Issued

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of dispositions of prior 

petitions. 

SUMMARY: Pursuant to FAA’s rulemaking 

provisions governing the application, 

processing, and disposition of petitions 

for exemption part 11 of title 14, Code 

of Federal Regulations (14 CFR), this 

notice contains a summary of certain 

dispositions of certain petitions 

previously received. The purpose of this 

notice is to improve the public’s 

awareness of, and participation in, this 

aspect of FAA’s regulatory activities.

FOR FURTHER INFORMATION CONTACT: Tim 

Adams (202) 267–8033, or Sandy 

Buchanan-Sumter (202) 267–7271, 

Office of Rulemaking (ARM–1), Federal 

60696 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Notices 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85 and 11.91.

Issued in Washington, DC, on October 5, 

2004. 

Anthony F. Fazio, 

Director, Office of Rulemaking.

Dispositions of Petitions 

Docket No.: FAA–2002–13602. 

Petitioner: Eagle Aviation, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Eagle Aviation, 

Inc., to operate certain aircraft under 

part 135 without a TSO–C112 (Mode S) 

transponder installed on those aircraft. 

Grant, 08/20/2004, Exemption No. 

7919A.

Docket No.: FAA–2002–13369. 

Petitioner: Aero Sports Connection. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Aero Sports 

Connection to operate certain aircraft 

under part 135 without a TSO–C112 

(Mode S) transponder installed on those 

aircraft. Grant, 8/20/2004, Exemption 

No. 7390B.

Docket No.: FAA–2004–18899. 

Petitioner: WorldWind Helicopters, 

Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit WorldWind 

Helicopters, Inc., to operate certain 

aircraft under part 135 without a TSO–

C112 (Mode S) transponder installed on 

those aircraft. Grant, 8/23/2004, 

Exemption No. 8387.

Docket No.: FAA–2002–13288. 

Petitioner: Ozark Air Charter 

Company, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Ozark Air 

Charter Company, Inc., to operate 

certain aircraft under part 135 without 

a TSO–C112 (Mode S) transponder 

installed on those aircraft. Grant, 8/23/

2004, Exemption No. 7906A.

Docket No.: FAA–2004–18666. 

Petitioner: Rotor Wing Aviation, LLC. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Rotor Wing 

Aviation, LLC to operate certain aircraft 

under part 135 without a TSO–C112 

(Mode S) transponder installed on those 

aircraft. Grant, 8/20/2004, Exemption 

No. 8382.

Docket No.: FAA–2004–18735. 

Petitioner: Morcom Aviation Services, 

Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Morcom 

Aviation Services, Inc., to operate 

certain aircraft under part 135 without 

a TSO–C112 (Mode S) transponder 

installed on those aircraft. Grant, 8/20/

2004, Exemption No. 8383.

Docket No.: FAA–2004–18696. 

Petitioner: Aviation Expeditions. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Aviation 

Expeditions to operate certain aircraft 

under part 135 without a TSO–C112 

(Mode S) transponder installed on those 

aircraft. Grant, 8/20/2004, Exemption 

No. 8386.

Docket No.: FAA–2004–18866. 

Petitioner: California Shock Trauma 

Air Rescue. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit California Shock 

Trauma Air Rescue to operate certain 

aircraft under part 135 without a TSO–

C112 (Mode S) transponder installed on 

those aircraft. Grant, 8/20/2004, 

Exemption No. 8384.

Docket No.: FAA–2004–18871. 

Petitioner: Valley Air Express. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Valley Air 

Express to operate certain aircraft under 

part 135 without a TSO–C112 (Mode S) 

transponder installed on those aircraft. 

Grant, 8/20/2004, Exemption No. 8385.

Docket No.: FAA–2004–18950. 

Petitioner: Dixie Air Charter, LLC. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Dixie Air 

Charter, LLC to operate certain aircraft 

under part 135 without a TSO–C112 

(Mode S) transponder installed on those 

aircraft. Grant, 9/3/2004, Exemption No. 

8395.

Docket No.: FAA–2000–8474. 

Petitioner: Howell Enterprises, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Howell 

Enterprises, Inc., to operate certain 

aircraft under part 135 without a TSO–

C112 (Mode S) transponder installed on 

those aircraft. Grant, 9/3/2004, 

Exemption No. 7427B.

Docket No.: FAA–2000–8434. 

Petitioner: Air Transport Association 

of America, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.652(a) and (c). 

Description of Relief Sought/

Disposition: To permit Air Transport 

Association of America, Inc., member 

airlines and any similarly situated part 

121 operator, to permit a pilot in 

command (PIC) conducting operations 

under part 121 to perform an instrument 

approach procedure to the weather 

minima prescribed by this exemption 

during the first 100 hours of service as 

PIC, in the type of airplane he/she is 

operating, using an alternative means 

approved by the Administrator to satisfy 

the requirements of § 121.652(a) and (c). 

Grant, 8/28/2004, Exemption No. 

5549G.

Docket No.: FAA–2001–10191. 

Petitioner: Department of the Air 

Force. 

Section of 14 CFR Affected: 14 CFR 

91.209(a)(1) and (b). 

Description of Relief Sought/

Disposition: To permit the Department 

of the Air Force an amendment to 

Exemption No. 7960 that will allow the 

participation of other military services 

while conducting joint operations. 

Grant, 8/28/2004, Exemption No. 

7960A.

Docket No.: FAA–2004–17905. 

Petitioner: Cherry-Air, Inc. 

Section of 14 CFR Affected: 14 CFR 

appendix G to part 91. 

Description of Relief Sought/

Disposition: To permit Cherry-Air, Inc., 

to operate its aircraft in reduced vertical 

separation minimum airspace without 

Cherry-Air or its aircraft complying with 

appendix G to part 91. Denial, 8/25/

2004, Exemption No. 8393.

Docket No.: FAA–2001–9501. 

Petitioner: United States Air Force. 

Section of 14 CFR Affected: 14 CFR 

91.209(a)(1) and (b). 

Description of Relief Sought/

Disposition: To permit the United States 

Air Force an amendment to Exemption 

No. 7687A that will extend the 

expiration date for 5 years and remove 

the requirement to issue a NOTAM. 

Grant, 8/26/2004, Exemption No. 7687B.

Docket No.: FAA–2002–13377. 

Petitioner: Continental Micronesia, 

Inc. 

Section of 14 CFR Affected: 14 CFR 

121.440(a). 

Description of Relief Sought/

Disposition: To permit Continental 

Micronesia, Inc., to meet line check 

requirements using an alternative line 

check program. Grant, 8/28/2004, 

Exemption No. 7902A.

Docket No.: FAA–2000–8153. 

Petitioner: American Airlines, Inc. 

Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Notices 60697

Section of 14 CFR Affected: 14 CFR 

121.317(a). 

Description of Relief Sought/

Disposition: To permit American 

Airlines, Inc., to operate its Boeing 737 

and 777 aircraft with ‘‘No Smoking’’

signs that are always illuminated. Grant, 

8/28/2004, Exemption No. 6853C.

Docket No.: FAA–2000–8000. 

Petitioner: Delta Air Lines, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.434(c)(1)(ii). 

Description of Relief Sought/

Disposition: To permit Delta Air Lines, 

Inc., to substitute a qualified and 

authorized check airman in place of an 

FAA inspector to observe a qualifying 

pilot in command (PIC) while that PIC 

is performing prescribed duties during 

at least one flight leg that includes a 

takeoff and a landing when completing 

initial or upgrade training as specified 

in § 121.424. Grant, 8/28/2004, 

Exemption No. 7376D.

Docket No.: FAA–2000–8454. 

Petitioner: United Airlines, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.434(c)(1)(ii). 

Description of Relief Sought/

Disposition: To permit United Airlines, 

Inc., to substitute a qualified and 

authorized check airman in place of an 

FAA inspector to observe a qualifying 

pilot in command (PIC) while that PIC 

is performing prescribed duties during 

at least one flight leg that includes a 

takeoff and a landing when completing 

initial or upgrade training as specified 

in § 121.424 Grant, 9/8/2004, Exemption 

No. 6570F.

Docket No.: FAA–2004–18971. 

Petitioner: Spirit Airlines. 

Section of 14 CFR Affected: 14 CFR 

121.623(a) and (d), 121.643, and 

121.645(e). 

Description of Relief Sought/

Disposition: To permit Spirit Airlines to 

conduct its supplemental operations 

within the 48 contiguous United States 

and the District of Columbia using the 

flight regulations for alternate airports 

as required by § 121.619 and fuel 

reserve requirements as required by 

§ 121.639 that are applicable to 

domestic operations. Grant, 9/9/2004, 

Exemption No. 8398.

Docket No.: FAA–2004–17232. 

Petitioner: Raytheon Aircraft Charter 

& Management. 

Section of 14 CFR Affected: 14 CFR 

91.501. 

Description of Relief Sought/

Disposition: To permit Raytheon 

Aircraft Charter & Management to 

transport customers and aircraft parts 

for owners of Raytheon Aircraft 

Company-manufactured aircraft for a 

nominal fee. Denial, 9/9/2004, 

Exemption No. 8397.

Docket No.: FAA–2002–12010. 

Petitioner: Taunton Airport 

Association, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.251, 135.255, and 135.353, and 

appendices I and J to part 121. 

Description of Relief Sought/

Disposition: To permit Taunton Airport 

Association, Inc., to conduct local 

sightseeing flights at the Taunton 

Municipal Airport, Taunton, 

Massachusetts, on or about October 23, 

2004, for compensation or hire, without 

complying with certain anti-drug and 

alcohol misuse prevention requirements 

of part 135, subject to certain conditions 

and limitations. Grant, 9/13/2004, 

Exemption No. 8401.

Docket No.: FAA–2003–15373. 

Petitioner: Ameriflight, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.85.

Description of Relief Sought/

Disposition: To permit Ameriflight, Inc., 

and each Ameriflight pilot to transport 

FAA-certificated airmen who are 

employed as flight crewmembers by 

another part 121 or part 135 certificate 

holder, and who are fully current and 

qualified with that other part 121 or part 

135 certificate holder subject to certain 

conditions and limitations. Grant, 9/8/

2004, Exemption No. 8396.

Docket No.: FAA–2002–12249. 

Petitioner: Aviation Systems 

Standards. 

Section of 14 CFR Affected: 14 CFR 

61.3(a) and (c). 

Description of Relief Sought/

Disposition: To permit Aviation 

Stystems Standards to issue facsimile 

pilot certificates and medical certificates 

to crewmembers whose certificates have 

been lost, destroyed, or misplaced. 

Grant, 9/10/2004, Exemption No. 7363B.

Docket No.: FAA–2002–14166. 

Petitioner: Mr. Kent Ewing. 

Section of 14 CFR Affected: 14 CFR 

91.109(a). 

Description of Relief Sought/

Disposition: To permit Mr. Kent Ewing 

to conduct certain flight instruction and 

simulated instrument flights to meet the 

recent experience requirements in 

Beechcraft Bonanza, Baron, and Travel 

Air airplanes equipped with a 

functioning throwover control wheel in 

place of functioning dual controls. 

Grant, 9/10/2004, Exemption No. 

7961A.

Docket No.: FAA–2000–8527. 

Petitioner: SIMCOM Training Center. 

Section of 14 CFR Affected: 14 CFR 

91.9(a) and 91.531(a)(1) and (2). 

Description of Relief Sought/

Disposition: To permit SIMCOM 

Training Center and operators of Cessna 

Citation model 500, S550, 552, and 560 

airplanes an amendment to Exemption 

No. 7487D that will specifically name 

the Cessna Citation models as the Bravo, 

Encore, and Ultra. Denial, 9/10/2004, 

Exemption No. 7487E.

Docket No.: FAA–2001–10269. 

Petitioner: Executive Jet Aviation, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.152(h)(1) through (h)(57), (i), and (j). 

Description of Relief Sought/

Disposition: To permit Executive Jet 

Aviation, Inc., to operate its Falcon 2000 

aircraft without recording the 

parameters listed in § 135.152(h)(1) 

through (h)(57) within the ranges, 

accuracies, resolutions, and recording 

intervals specified in appendix F to part 

135. Denial, 9/10/2004, Exemption No. 

8400.

Docket No.: FAA–2004–19087. 

Petitioner: Mesaba Aviation, Inc., 

d.b.a. Mesaba Airlines. 

Section of 14 CFR Affected: 14 CFR 

121.574(a)(1)(i) and (iii) and (3)(i). 

Description of Relief Sought/

Disposition: To permit Mesaba Aviation, 

Inc., d.b.a. Mesaba Airlines to allow its 

passengers to use oxygen storage and 

dispensing equipment for medical 

purposes while aboard Mesaba aircraft 

when the equipment is furnished and 

maintained by another part 121 

certificate holder. Denial, 9/10/2004, 

Exemption No. 8399.

Docket No.: FAA–2002–13012. 

Petitioner: Frontier Flying Service, 

Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Frontier Flying 

Service, Inc., to operate certain aircraft 

under part 135 without a TSO-C112 

(Mode S) transponder installed on those 

aircraft. Grant, 9/14/2004, Exemption 

No. 8402.

Docket No.: FAA–2004–19099. 

Petitioner: Cottonwood Aviation, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Cottonwood 

Aviation, Inc., to operate certain aircraft 

under part 135 without a TSO-C112 

(Mode S) transponder installed on those 

aircraft. Grant, 9/14/2004, Exemption 

No. 8403.

Docket No.: FAA–2004–18995. 

Petitioner: Crystal Shamrock. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Crystal 

Shamrock to operate certain aircraft 

under part 135 without a TSO-C112 

(Mode S) transponder installed on those 

aircraft. Grant, 9/17/2004, Exemption 

No. 8406.

60698 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Notices 

Docket No.: FAA–2003–14204. 

Petitioner: Abilene Aero, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Abilene Aero, 

Inc., to operate certain aircraft under 

part 135 without a TSO-C112 (Mode S) 

transponder installed on those aircraft. 

Grant, 9/17/2004, Exemption No. 7948B.

Docket No.: FAA–2000–8338. 

Petitioner: Tatonduk Outfitters 

Limited d.b.a. Everts Air Alaska. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit Tatonduk 

Outfitters Limited d.b.a. Everts Air 

Alaska to operate certain aircraft under 

part 135 without a TSO-C112 (Mode S) 

transponder installed on those aircraft. 

Grant, 9/16/2004, Exemption No. 

7403C.

Docket No.: FAA–2003–14279. 

Petitioner: South Aero, Inc. 

Section of 14 CFR Affected: 14 CFR 

135.143(c)(2). 

Description of Relief Sought/

Disposition: To permit South Aero, Inc., 

to operate certain aircraft under part 135 

without a TSO-C112 (Mode S) 

transponder installed on those aircraft. 

Grant, 09/16/2004, Exemption No. 

7985A.

Docket No.: FAA–2002–12484. 

Petitioner: Dynamic Aviation. 

Section of 14 CFR Affected: 14 CFR 

137.53(c)(2). 

Description of Relief Sought/

Disposition: To permit Dynamic 

Aviation an amendment to Exemption 

No. 7827C that will allow Dynamic 

Aviation pilots to operate additional 

aircraft. Grant, 9/15/2004, Exemption 

No. 7827D.

Docket No.: FAA–2001–11090. 

Petitioner: Army Aviation Heritage 

Foundation. 

Section of 14 CFR Affected: 14 CFR 

91.319, 119.5(g), and 119.25. 

Description of Relief Sought/

Disposition: To permit an extension of 

Exemption No. 7736 to the Army 

Aviation Heritage Foundation (AAHF), 

which will allow them to operate its 

former military UH–1H helicopter for 

the purpose of carrying passengers on 

local educational flights, subject to 

revised conditions and limitations. 

Grant, 9/16/2004, Exemption No. 

7736C.

Docket No.: FAA–2004–19071. 

Petitioner: Mr. Daryl Baker. 

Section of 14 CFR Affected: 14 CFR 

135.251, 135.255, and 135.353, and 

appendices I and J to part 121. 

Description of Relief Sought/

Disposition: To permit Mr. Daryl Baker 

to conduct local sightseeing flights at 

the Windham Airport, Willimantic, 

Connecticut, between September 25, 

and October 10, 2004, for compensation 

or hire, without complying with certain 

anti-drug and alcohol misuse prevention 

requirements of part 135, subject to 

certain conditions and limitations. 

Grant, 9/20/2004, Exemption No. 8407.

Docket No.: FAA–2004–19006. 

Petitioner: Traffic Management 

Corporation. 

Section of 14 CFR Affected: 14 CFR 

125.224. 

Description of Relief Sought/

Disposition: To permit Traffic 

Management Corporation to operate two 

leased L–188 Electra aircraft without a 

Traffic Alert and Collision Avoidance 

System II and the appropriate Mode S 

transponder for a period of 1-year, 

because of economic hardship endured 

since the terrorist attack of September 

11, 2001. Denial, 9/16/2004, Exemption 

No. 8408.

Docket No.: FAA–2004–19004. 

Petitioner: Zantop International 

Airlines, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.356. 

Description of Relief Sought/

Disposition: To permit Zantop 

International Airlines, Inc., to operate 

certain aircraft without a Traffic Alert 

and Collision Avoidance System II and 

the appropriate Mode S transponder for 

a period of 1-year, because of economic 

hardship endured since the terrorist 

attack of September 11, 2001. Denial, 9/

16/2004, Exemption No. 8409.

Docket No.: FAA–2000–8100. 

Petitioner: Northwest Airlines, Inc. 

Section of 14 CFR Affected: 14 CFR 

121.440(a) and SFAR 68, section 

6(b)(3)(ii)(A). 

Description of Relief Sought/

Disposition: To permit Northwest 

Airlines, Inc., an amendment to 

Exemption No. 5815, that will enable 

them to meet line check requirements 

using an alternative line check program, 

subject to revised conditions and 

limitations. Grant, 9/16/2004, 

Exemption No. 5815F.

[FR Doc. 04–22853 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

[FRA Emergency Order No. 18, Notice No. 

2] 

Burlington Northern Santa Fe Railway 

Company; Notice Rescinding FRA 

Emergency Order 18, Requiring the 

Capability To Initiate Emergency 

Application of Air Brakes From the 

Head End and Rear of Trains, After a 

60-day Interim Transition Period 

The Federal Railroad Administration 

(FRA) of the United States Department 

of Transportation (DOT) has determined 

that, absent further notice, FRA will 

consider the emergency situation 

requiring the issuance of Emergency 

Order 18 to have abated at the 

conclusion of a 60-day interim 

transition period during which the 

Burlington Northern Santa Fe Railway 

Company (BNSF) will comply with a 

series of modified operational 

requirements before beginning full 

operation under the existing Federal 

regulations related to end-of-train (EOT) 

devices. Emergency Order 18 requires 

that all westward trains operated by the 

BNSF on the Cajon Subdivision, 

between Barstow milepost 745.9 and 

Baseline milepost 79.9, have the 

capability to initiate an emergency 

application of the air brakes from both 

the head and rear of the train and 

imposes certain inspection, testing, and 

operational requirements on the 

railroad. 

Authority 

Authority to enforce Federal railroad 

safety laws has been delegated by the 

Secretary of Transportation to the 

Federal Railroad Administrator. 49 CFR 

1.49. Railroads are subject to FRA’s 

safety jurisdiction under the Federal 

railroad safety laws. 49 U.S.C. 20101, 

20103. FRA is authorized to issue 

emergency orders where an unsafe 

condition or practice ‘‘causes an 

emergency situation involving a hazard 

of death or personal injury.’’ 49 U.S.C. 

20104. These orders may immediately 

impose such ‘‘restrictions and 

prohibitions * * * that may be 

necessary to abate the situation.’’ (Ibid.) 

Background 

BNSF’s line of railroad between 

Barstow and Los Angeles, California, 

consists of double main track which 

passes through the San Bernardino 

Mountains via ‘‘Cajon Pass.’’ The route 

for westward moving trains involves a 

steady climb from Barstow to Summit, 

California, a distance of approximately 

55 miles. At Summit, the line begins a