63978 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19361; Airspace 

Docket No. 04–AAL–21] 

Proposed Establishment of Class E 

Airspace; Prospect Creek, AK

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to 

establish new Class E airspace at 

Prospect Creek, AK. There is no existing 

Class E airspace to contain aircraft 

executing instrument approaches at 

Prospect Creek Airport. Adoption of this 

proposal would result in the 

establishment of Class E airspace 

upward from 700 feet (ft.) above the 

surface at Prospect Creek, AK.

DATES: Comments must be received on 

or before December 20, 2004.

ADDRESSES: Send comments on the 

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–2004–19361/

Airspace Docket No. 04–AAL–21, 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. 

An informal docket may also be 

examined during normal business hours 

at the office of the Manager, Safety, 

Alaska Flight Services Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587.

FOR FURTHER INFORMATION CONTACT:

Jesse Patterson, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5898; fax: (907) 271–2850; e-mail: 

Jesse.CTR.Patterson@faa.gov. Internet 

address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed 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–2004–19361/Airspace 

Docket No. 04–AAL–21.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this notice may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of Notice of Proposed 

Rulemaking’s (NPRMs) 

An electronic copy of this document 

may be downloaded through the 

Internet at http://dms.dot.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Superintendent of Document’s Web 

page at http://www.access.gpo.gov/nara. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591 or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking, (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

The FAA is considering an 

amendment to the Code of Federal 

Regulations (14 CFR part 71), which 

would establish new Class E airspace at 

Prospect Creek, AK. The intended effect 

of this proposal is to establish Class E 

airspace upward from 700 ft. above the 

surface, to contain Instrument Flight 

Rules (IFR) operations at Prospect 

Creek, AK. 

The Special Instrument Flight 

Procedures developed for the Prospect 

Creek Airport currently are not 

contained in Class E airspace. To 

improve safety, the FAA is proposing to 

establish Class E airspace at Prospect 

Creek, AK, which would be sufficient to 

contain aircraft executing instrument 

procedures. New Class E controlled 

airspace extending upward from 700 ft. 

above the surface within the Prospect 

Creek Airport area would be created by 

this action. 

The area would be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1200 foot transition areas are 

published in paragraph 6005 in FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

would be published subsequently in the 

Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 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 will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, 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).

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows:

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Proposed Rules 63979

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 14 CFR 

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, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is to be 

amended as follows:

* * * * *

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 Prospect Creek, AK [New] 

Prospect Creek Airport, AK 

(Lat. 66°48′46′′ N., long. 150°38′38′′ W.) 

Prospect Creek NDB 

(Lat. 66°49′04′′ N., long. 150°38′03′′ W.)

That airspace extending upward from 700 

feet above the surface within a 4.2-mile 

radius of the Prospect Creek NDB and that 

airspace 4 miles either side of the 096°

bearing to the Prospect Creek NDB from the 

4.2 mile radius out to 8 miles.

* * * * *

Issued in Anchorage, AK, on October 25, 

2004. 

Anthony M. Wylie, 

Acting Area Director, Alaska Flight Services 

Operations.

[FR Doc. 04–24455 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Chapter I 

[USCG–2003–15771] 

Exclusion Zones for Marine LNG Spills

AGENCY: Coast Guard, DHS.

ACTION: Request for public comments.

SUMMARY: The Coast Guard seeks public 

comments on a petition for rulemaking 

from the City of Fall River, 

Massachusetts. The petition requests 

regulations be promulgated that would 

establish thermal and vapor dispersion 

exclusion zones for marine spills of 

liquefied natural gas similar to those 

established by the Secretary of 

Transportation for spills of LNG on 

land.

DATES: Comments and related material 

must reach the docket management 

facility on or before February 1, 2005.

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number (USCG–2003–15771) to the 

Docket Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Web site: http://dms.dot.gov.

(2) Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Washington, DC 

20590–0001. 

(3) Fax: 202–493–2251. 

(4) Delivery: Room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366–

9329. 

(5) Federal eRulemaking Portal: http:/

/www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, 

please call Commander John Cushing at 

202–267–1043, or e-mail 

JCushing@comdt.uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, please call Ms. 

Andrea M. Jenkins, Program Manager, 

Docket Operations, telephone 202–366–

0271.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to respond to this 

notice by submitting comments and 

related materials. All comments 

received will be posted, without change, 

to http://dms.dot.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use their Docket Management 

Facility. Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

Submitting comments: If you submit a 

comment, please include your name and 

address, identify the docket number for 

this notice (USCG–2003–15771), and 

give the reason for each comment. You 

may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under 

ADDRESSES; but please submit your 

comments and material by only one 

means. If you submit them by mail or 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. 

Viewing comments and documents:

To view comments or other material in 

the docket, go to http://dms.dot.gov at 

any time and conduct a simple search 

using the docket number. You may also 

visit the Docket Management Facility in 

room PL–401 on the Plaza level of the 

Nassif Building, 400 Seventh Street 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Privacy Act: Anyone can search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the Department of 

Transportation’s Privacy Act Statement 

in the Federal Register published on 

April 11, 2000 (65 FR 19477), or you 

may visit http://dms.dot.gov.

Background and purpose. The City of 

Fall River, Massachusetts is petitioning 

the Coast Guard to develop regulations 

relating to marine transportation of 

liquid natural gas (LNG). Specifically, 

the City requests promulgation of 

regulations to apply the same thermal 

and vapor dispersion exclusion zone 

requirements established by the 

Department of Transportation for LNG 

spills on land (49 CFR Parts 193.2057 

and 193.2059), to LNG spills on water. 

The City’s petition included expanded 

discussion on this issue and may be 

read in its entirety in the docket. The 

public is invited to review the material 

contained in the docket and submit 

relevant comments. The Coast Guard 

will consider the City’s petition, any 

comments received from the public, and 

other information to determine whether 

or not to initiate the requested 

rulemaking.

Dated: October 22, 2004. 

Joseph J. Angelo, 

Director of Standards, Marine Safety, 

Security, and Environmental Protection, U.S. 

Coast Guard.

[FR Doc. 04–24454 Filed 11–2–04; 8:45 am] 

BILLING CODE 4910–15–P