64656 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

Related Information 

(j) CAA airworthiness directive No. G–

2004–0016, dated June 20, 2004, also 

addresses the subject of this AD.

Issued in Burlington, Massachusetts, on 

November 1, 2004. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24817 Filed 11–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19404; Airspace 

Docket No. 2004–ASW–13] 

Modification to Class D Airspace; 

Alamogordo, NM

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action modifies the Class 

D airspace area at Holloman Air Force 

Base, Alamogordo, NM (HMN). The 

closure of Midway Airport, 

Alamogordo, NM has made this rule 

necessary. The intended effect of this 

rule is to modify the controlled airspace 

to include that area within the 4.8-mile 

radius of Holloman Air Force Base 

originally excluded because of Midway 

Airport.

DATES: Effective 0901 UTC, March 17, 

2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 15, 2004.

ADDRESSES: Send comments on the rule 

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–

19404/Airspace Docket No. 2004–ASW–

13, at the beginning of your comments. 

You may also submit comments on the 

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

can find and read the comments 

received in this docket, including the 

name, address and any other personal 

information placed in the docket by a 

commenter. You may review the public 

docket containing any comments 

received and this Direct Final Rule in 

person at 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 located on the plaza level of the 

Department of Transportation Nassif 

Building at the street address stated 

previously. 

An informal docket may also be 

examined during normal business hours 

at the office of the Air Traffic Division, 

Airspace Branch, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Boulevard, Fort Worth, TX. 

Call the manager, Airspace Branch, 

ASW–520, telephone (817) 222–5520; 

fax (817) 222–5981, to make 

arrangements for your visit.

FOR FURTHER INFORMATION CONTACT:

Joseph R. Yadouga, Air Traffic Division, 

Airspace Branch, Federal Aviation 

Administration, Southwest Region, Fort 

Worth, TX 76193–0520; telephone: (817) 

222–5597.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR Part 71 modifies 

the Class D airspace designation for an 

airspace area from the surface up to but 

not including 6,600 feet MSL at 

Holloman Air Force Base, Alamogordo, 

NM and will be published in paragraph 

5000 of FAA Order 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in an adverse 

or negative comment, and, therefore, 

issues it as a direct final rule. 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. 

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. 

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 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

must identify both docket numbers. All 

communications received on or before 

the closing date for comments will be 

considered, and this rule may be 

amended or withdrawn in light of the 

comments received. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket.

Agency Findings 

This rule does not have federalism 

implications, as defined in Executive 

Order No. 13132, because it does 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. Accordingly, the 

FAA has not consulted with State 

authorities prior to publication of this 

rule. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed, 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) does not 

warrant preparation of a Regulatory 

Evaluation as these routine matters will 

only affect air traffic procedures and air 

navigation. I certify that this rule will 

not have 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

■ Accordingly, pursuant to the authority 

delegated to me, the Federal Aviation 

Administration amends part 71 of the 

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64657

Federal Aviation Regulations (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. 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, 

Airspace Designations and Reporting 

Points, dated august 30, 2004, and 

effective September 16, 2004, is 

amended as follows: 

Paragraph 500 Class D Airspace Areas 

Extending Upward From the Surface of 

the Earth.

* * * * *

ASW NM D Alamogordo, TX 

[Revised] 

Alamogordo, Holloman AFB, NM 

Lat. 32°51′09′′ N, long. 106°06′23′′ W 

Alamogordo-White Sands Regional 

Airport, NM 

Lat. 32°50′24′′ N, long. 105°59′26′′ W 

Holloman ILS Localizer 

Lat. 32°49′48′′ N, long. 106°06′31′′ W

That airspace extending upward from 

the surface up to and including 6,600 

feet MSL within a 4.8-mile radius of 

Holloman AFB, NM and within 1 mile 

each side of the Holloman ILS Localizer 

northwest course extending from the 

4.8-mile radius to 5.4 miles northwest of 

the airport excluding that airspace 

within 2-mile radius of the AlamogordoWhite Sands Regional Airport, NM.

* * * * *

Issued in Fort Worth, TX, on October 25, 

2004. 

Herman J. Lyons, Jr., 

Area Director, Central En Route and Oceanic 

Operations.

[FR Doc. 04–24848 Filed 11–5–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Parts 740 and 744

[Docket No. 040818241–4241–01] 

RIN 0694–AC46

Revisions to the Export Administration 

Regulations: Removal of the List of 

Missile Projects and Expansion of 

Missile-Related End-Use and End-User 

Controls

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Interim rule.

SUMMARY: This interim rule amends the 

Export Administration Regulations 

(EAR) by removing the list of missile 

projects of concern and expanding 

license requirements for missile-related 

end-users and end-uses. This rule 

expands the scope of end-uses to which 

a license requirement applies to include 

certain rocket and unmanned air vehicle 

activities in certain countries of concern 

for missile proliferation reasons. In 

addition, this rule implements a new 

license requirement for exports, 

reexports and transfers anywhere in the 

world that applies when you know or 

are informed that an item subject to the 

EAR will be used in rocket systems or 

unmanned air vehicles of any range for 

the delivery of chemical, biological or 

nuclear weapons. These changes to the 

end-use and end-user controls are 

necessary to meet U.S. nonproliferation 

objectives and are consistent with the 

Missile Technology Control Regime 

(MTCR) Guidelines.

DATES: This rule is effective November 

8, 2004.

ADDRESSES: You may submit comments, 

identified by RIN 0694–AC46, by any of 

the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: mblaskov@bis.doc.gov. 

Include ‘‘RIN 0694–AC46’’ in the 

subject line of the message. 

• Fax: (202) 482–3355. 

• Mail or Hand Delivery/Courier:

Matthew Blaskovich, U.S. Department 

of Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

ATTN: RIN 0694–AC46.

FOR FURTHER INFORMATION CONTACT:

Steven B. Clagett, Director, Nuclear and 

Missile Technology Controls Division, 

Bureau of Industry and Security, 

Telephone: (202) 482–1641.

SUPPLEMENTARY INFORMATION: 

Background 

Current License Requirements for 

Missile-Related End-Uses/End-Users.

Section 742.5 of the Export 

Administration Regulations (EAR) 

requires a license for the export or 

reexport to all destinations (except 

Canada) of those dual-use items 

specifically identified on the Commerce 

Control List (CCL) as controlled for 

missile technology (MT) reasons. 

Section 744.3 of the EAR also requires 

a license for the export or reexport of 

any item subject to the EAR, when the 

exporter knows or has reason to know 

that the item (1) is destined for a missile 

project listed in the footnote to Country 

Group D:4 in Supplement 1 to part 740 

of the EAR, or (2) will be used in the 

design, development, production, or use 

of missiles in or by a country listed in 

Country Group D:4, whether or not the 

use involves a project listed in the 

footnote. ‘‘Missile’’ is defined in the 

EAR as a rocket system or unmanned air 

vehicle system capable of delivering at 

least 500 kilograms payload to a range 

of at least 300 kilometers. The list of 

missile projects set forth in the footnote 

to Supplement No. 1 to part 740 

includes only those projects meeting the 

‘‘missile’’ payload and range criteria. 

Removal of List of Missile Projects in 

D:4 Countries. This rule removes the list 

of missile projects in D:4 countries set 

forth in the footnote in Supplement No. 

1 to Part 740 of the EAR because the 

activities subject to the license 

requirement set forth in 744.3 are no 

longer limited to ‘‘missile’’ projects with 

a certain payload and range capability. 

The referenced activities are expanded, 

by this rule, to include any rocket 

system or unmanned air vehicle with a 

range of 300 kilometers to be used in 

D:4 countries. 

Worldwide License Requirement for 

Delivery Systems for Chemical, 

Biological or Nuclear Weapons. This 

rule implements a new license 

requirement in section 744.3 for exports, 

reexports and transfers to anywhere in 

the world that applies when you know, 

or are informed, that an item subject to 

the EAR will be used in rocket systems 

or unmanned air vehicles of any range 

for the delivery of chemical, biological 

or nuclear weapons.

Expansion of End-Use License 

Requirement for Country Group D:4 

Countries. This rule revises the license 

requirements under section 744.3 of the 

EAR to provide that a license is required 

for the export, reexport or transfer of 

any item subject to the EAR if you 

know, or are informed, that the item 

will be used in the design, development, 

production or use of rocket systems or