Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 61761

March Field, CA, to accommodate 

aircraft executing instrument flight 

procedures into and out of Riverside 

March Field. The airspace description 

and effective times of use will be 

published in appropriate aeronautical 

publications. The area will not be 

charted due to the existing, already 

charted, Class C airspace area. 

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. Therefore, this regulation—(1) 

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact 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

■ In consideration of the foregoing, 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 95665, 3 CFR, 

1959–1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of the Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

Paragraph 5000 Class D airspace.

* * * * *

AWP CA D Riverside March Field, CA 

[New] 

Riverside March Field, CA 

(Lat. 33°52′50′′ N, long. 117°15′34′′ W)

That airspace extending upward from the 

surface to and including 4,000 feet MSL 

within a 5-mile radius of the Riverside March 

Field. This Class D airspace area is effective 

during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory.

* * * * *

Issued in Los Angeles, California, on 

September 29, 2004. 

John Clancy, 

Area Director, Terminal Operations, Western 

Service Area.

[FR Doc. 04–23548 Filed 10–20–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 529

Certain Other Dosage Form New 

Animal Drugs

CFR Correction 

In Title 21 of the Code of Federal 

Regulations, parts 500 to 599, revised as 

of April 1, 2004, on page 331, in 

§ 529.1940, paragraph (e)(2)(ii) is 

corrected beginning in the fourth line, 

by removing (1) and (2).

[FR Doc. 04–55522 Filed 10–20–04; 8:45 am] 

BILLING CODE 1505–01–D

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[TD 9141] 

RIN 1545–AX88 

Application of Section 904 to Income 

Subject to Separate Limitations; 

Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains 

corrections to final regulations that were 

published in the Federal Register on 

July 20, 2004 (69 FR 43304). This 

regulation relates to the section 904(d) 

foreign tax credit limitation and to the 

exclusion of certain export financing 

interest from foreign personal holding 

company income.

DATES: These corrections are effective 

July 20, 2004.

FOR FURTHER INFORMATION CONTACT:

Bethany A. Ingwalson at (202) 622–3850 

(not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of these corrections are under 

section 904(d) of the Internal Revenue 

Code. 

Need for Correction 

As published, TD 9141 contains errors 

that may prove to be misleading and are 

in need of clarification.

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements.

Correction of Publication

■ Accordingly, 26 CFR Part 1 is corrected 

by making the following correcting 

amendment:

PART 1—INCOME TAXES

■ Paragraph 1. The authority citation for 

part 1 continues to read in part as 

follows:

Authority: 26 U.S.C. 7805 * * *

§ 1.904(b)–1 [Corrected]

■ Par. 2. Section 1.904(b)–1(g) Example 

3 (v), the introductory text is amended by 

removing the language ‘‘$424.87/

$2571.42, computed as follows:’’ and 

adding the language ‘‘$412/$2571.42, 

computed as follows:’’ in its place.

■ Par. 3. Section 1.904(b)–1(g) Example 

4 (iii), the second sentence is amended 

by removing the language ‘‘paragraph 

(c)(1) of this section. Under Step 1, the 

U.S. long-term capital loss adjustment 

amount is $50 ($80–$30). Under Step 2, 

the’’ and adding the language ‘‘paragraph 

(c)(1) of this section. Under Step 1, the 

U.S. long-term capital loss adjustment 

amount is $50 ($80–$30). Under Step 2, 

the’’ in its place.

■ Par. 4. Section 1.904–(b)–1(g) Example 

5 (iii), the second sentence is amended 

by removing the language ‘‘Under Step 1, 

the U.S. long-term capital loss 

adjustment amount is $50 ($150–$100). 

Under Step 2,’’ and adding the language 

‘‘to a rate differential adjustment. Under 

Step 1, the U.S. long-term capital loss 

adjustment amount is $50 ($150–$100). 

Under Step 2,’’ in its place.

§ 1.904(b)–2 [Corrected]

■ Par. 5. Section 1.904(b)–2, paragraph 

(c), the second sentence is amended by 

removing the language ‘‘apply 

§ 1.904(b)–1(i) and this’’ and adding the

61762 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Rules and Regulations 

language ‘‘apply § 1.904(b)–1 and this’’

in its place.

Cynthia Grigsby, 

Acting Chief, Regulations and Publications 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration).

[FR Doc. 04–23288 Filed 10–20–04; 8:45 am] 

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 60 

[ND–001–0011; FRL–7823–2] 

Clean Air Act Approval and 

Promulgation of Air Quality 

Implementation Plan Revision for 

North Dakota; Revisions to the Air 

Pollution Control Rules; Delegation of 

Authority for New Source Performance 

Standards

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule and delegation of 

authority. 

SUMMARY: EPA is approving certain 

revisions to the State Implementation 

Plan submitted by the Governor of 

North Dakota with a letter dated April 

11, 2003. The revisions affect portions 

of air pollution control rules regarding 

general provisions and emissions of 

particulate matter and sulfur 

compounds. This action is being taken 

under section 110 of the Clean Air Act. 

In addition, EPA is providing notice 

that on November 6, 2003, North Dakota 

was delegated authority to implement 

and enforce certain New Source 

Performance Standards, as of January 

31, 2002.

EFFECTIVE DATE: This final rule is 

effective November 22, 2004.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. ND–001–0011. Some information in 

the docket is not publicly available, i.e., 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available in hard 

copy at the Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, 999 18th Street, Suite 

300, Denver, Colorado 80202–2466. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the docket. You may view the 

docket Monday through Friday, 8 a.m. 

to 4 p.m., excluding Federal holidays. 

Copies of the Incorporation by 

Reference material are also available at 

the Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, Room B–108 (Mail 

Code 6102T), 1301 Constitution Ave., 

NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Amy Platt, Environmental Protection 

Agency, Region 8, (303) 312–6449, 

Platt.Amy@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Summary of State Implementation Plan 

Revision 

II. Delegation of Authority 

III. Section 110(l) 

IV. Final Action 

V. Statutory and Executive Order Reviews

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The word or initials Act or CAA

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us, or our

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials NDDH mean or refer 

to the North Dakota Department of 

Health. 

(iv) The initials SIP mean or refer to 

the State Implementation Plan. 

(v) The word or initials State or ND

mean the State of North Dakota, unless 

the context indicates otherwise. 

I. Summary of State Implementation 

Plan Revision 

On July 7, 2004, EPA published a 

notice of proposed rulemaking for the 

State of North Dakota (see 69 FR 40824). 

In that proposed rulemaking, we 

proposed approval of portions of the SIP 

revision submitted by the Governor of 

North Dakota on April 11, 2003. The 

portions of the SIP revision that we 

proposed approval of affect North 

Dakota Air Pollution Control Rules 

regarding general provisions and 

emissions of particulate matter and 

sulfur compounds. No comments were 

received on our July 7, 2004, notice of 

proposed rulemaking. 

As we discussed in our July 7, 2004, 

notice of proposed rulemaking, we will 

handle separately the revisions in the 

April 11, 2003, submittal addressing 

North Dakota Air Pollution Control 

Rules Section 33–15–01–13, regarding 

shutdown and malfunction of an 

installation, Chapter 33–15–14, 

regarding construction and minor 

source permitting, and Chapter 33–15–

15, regarding prevention of significant 

deterioration. In addition, we will 

handle separately the direct delegation 

requests for Chapter 33–15–13, 

regarding emission standards for 

hazardous air pollutants, Chapter 33–

15–21, regarding the State’s Acid Rain 

Program, and Chapter 33–15–22, 

regarding emission standards for 

hazardous air pollutants for source 

categories. The submittal also included 

a direct delegation request for standards 

of performance for new stationary 

sources (see below). 

The revisions in the April 11, 2003, 

submittal to be addressed in this 

document pertain to portions of the 

general provisions and the restriction of 

emissions of particulate matter and 

sulfur compounds, which involve 

sections of the following chapters of the 

North Dakota Administrative Code 

(N.D.A.C.): 33–15–01 General 

Provisions; 33–15–05 Emissions of 

Particulate Matter Restricted; and 33–

15–06 Emissions of Sulfur Compounds 

Restricted. For a discussion of how the 

State met the necessary procedural 

requirements in the development of 

these revisions, please refer to our July 

7, 2004 notice of proposed rulemaking 

(69 FR 40824).

A. Chapter 33–15–01, N.D.A.C., General 

Provisions 

Revisions to Section 33–15–01–04, 

regarding definitions, included the 

addition of a definition for ‘‘pipeline 

quality natural gas’’ and an update to 

the baseline date for incorporating by 

reference the definition of volatile 

organic compounds to August 1, 2001. 

In addition, Sections 33–15–01–17 and 

33–15–01–18, regarding enforcement 

and compliance certifications, were 

modified to indicate that information 

from compliance assurance monitoring 

protocols, which are in accordance with 

the requirements of the State’s 

permitting chapter, is credible evidence 

of whether compliance is achieved. 

Because these revisions are consistent 

with Federal requirements, they are 

approvable. 

B. Chapter 33–15–05, N.D.A.C., 

Emissions of Particulate Matter 

Restricted 

Section 33–15–05–02, regarding 

emissions from fuel burning equipment 

used for indirect heating, was revised to 

exempt fuel burning equipment that 

burns gaseous fuels from the emissions 

limitation requirements of the chapter. 

Burning gaseous fuels results in very 

low particulate matter emissions. Using 

AP–42 emission factors for natural gas 

and propane, the State calculated 

emission rates of 0.01 lb/106 Btu and 

0.006 lb/106 Btu, respectively. This is 

contrasted with the allowable emission 

rate of Chapter 33–15–05 of 0.6 lb/106

Btu for a boiler rated at 10 × 106 Btu/