67052 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

magnifying lenses, etc., may be used. Surface 

cleaning and elaborate access procedures 

may be required.’’

Parts Installation 

(d) As of the effective date of this AD, no 

person may install, on any airplane, a RAT 

actuator having P/N 5911905, 5911326, or 

5913234, unless the actions required by this 

AD are accomplished. 

Alternative Methods of Compliance 

(e) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(f) The actions shall be done in accordance 

with Airbus Service Bulletin A330–29–3083, 

dated August 6, 2002; or Airbus Service 

Bulletin A340–29–4064, Revision 01, dated 

August 8, 2002, as applicable. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from Airbus, 

1 Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France. Copies may be 

inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Note 3: The subject of this AD is addressed 

in French airworthiness directives 2002–

422(B) R1 and 2002–423(B) R1, both dated 

January 22, 2003.

Effective Date 

(g) This amendment becomes effective on 

December 21, 2004.

Issued in Renton, Washington, on 

November 1, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25035 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19333; Airspace 

Docket No. 04–ACE–62] 

Modification of Class E Airspace; 

Warrensburg, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments; correction. 

SUMMARY: This action corrects a direct 

final rule; request for comments that 

was published in the Federal Register

on Friday, October 29, 2004, (69 FR 

63063) (FR Doc. 04–24260). It corrects 

an error in the legal description of the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Warrensburg, MO.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone (816) 

329–2524.

SUPPLEMENTARY INFORMATION:

History 

Federal Register document 04–24260, 

published on Friday, October 29, 2004, 

(69 FR 63063) modified the Class E 

airspace area extending upward from 

700 feet above the surface at 

Warrensburg, MO. The modification 

corrected a discrepancy in the Skyhaven 

Airport airport reference point used in 

the legal description, enlarged the 

airspace dimensions to protect for 

diverse departures, deleted an extension 

to the airspace area and brought the 

legal description of the Warrensburg, 

MO Class E airspace area into 

compliance with FAA Orders 7400.2E, 

Procedures for Handling Airspace 

Matters, and 8260.19C, Flight 

Procedures and Airspace. However, 

expansion of the Warrensburg, MO 

Class E airspace area created an 

overlapping of the Knob Noster, MO 

Class D airspace area. No provision was 

made in the Warrensburg, MO Class E 

airspace area legal description for this 

situation. 

Accordingly, pursuant to the 

authority delegated to me, the legal 

description of the Class E airspace area 

extending upward from 700 feet above 

the surface at Warrensburg, MO, as 

published in the Federal Register on 

Friday, October 29, 2004, (69 FR 63063) 

(FR Doc. 04–24260) is corrected as 

follows:

§ 71.1 [Corrected]

■ On page 63064, Column 1, under the 

heading ‘‘ACE MO E5 Warrensburg, 

MO’’, correct the last line to read ‘‘of 

Skyhaven Airport; excluding that 

airspace within the Knob Noster, MO 

Class D airspace area.’’

Issued in Kansas City, MO, on November 

3, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–25417 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19575; Airspace 

Docket No. 04–ACE–65] 

Modification of Class E Airspace; 

Lexington, MO

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 part 71) by revising Class E 

airspace at Lexington, MO. A review of 

controlled airspace for Lexington 

Municipal Airport revealed it does not 

comply with the criteria for 700 feet 

above ground level (AGL) airspace 

required for diverse departures. The 

area is modified and enlarged to 

conform to the criteria in FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, March 17, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 27, 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–2004–19575/

Airspace Docket No. 04–ACE–65, 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:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Lexington, MO. An examination of 

controlled airspace for Lexington 

Municipal Airport revealed it does not 

meet the criteria for 700 feet AGL 

airspace required for diverse departures

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67053

as specified in FAA Order 7400.2E, 

Procedures for Handling Airspace 

Matters. The criteria in FAA Order 

7400.2E for an aircraft to reach 1200 feet 

AGL, taking into consideration rising 

terrain, is based on a standard climb 

gradient of 200 feet per mile plus the 

distance from the airport reference point 

to the end of the outermost runway. Any 

fractional part of a mile is converted to 

the next higher tenth of a mile. This 

amendment expands the airspace area 

from a 6-mile radius to a 7.8-mile radius 

of Lexington Municipal Airport and 

brings the legal description of the 

Lexington, MO Class E airspace area 

into compliance with FAA Order 

7400.2E. This area will be depicted on 

appropriate aeronautical charts. Class E 

airspace areas extending upward from 

700 feet or more above the surface of the 

earth are published in paragraph 6005 of 

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 designation 

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 the 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 the 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–2004–19575/Airspace 

Docket No. 04–ACE–65.’’ 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE MO E5 Lexington, MO 

Lexington Municipal Airport, MO 

(Lat. 39°12′35′′ N., long. 93°55′41′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.8-mile 

radius of Lexington Municipal Airport.

* * * * *

Issued in Kansas City, MO, on November 

3, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–25416 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–13–M

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 249

Forms, Securities Exchange Act of 

1934

CFR Correction

■ In Title 17 of the Code of Federal 

Regulations, Part 240 to End, revised as 

of April 1, 2004, on page 589, remove 

and reserve § 249.636.

[FR Doc. 04–55519 Filed 11–15–04; 8:45 am] 

BILLING CODE 1505–01–D

DEPARTMENT OF STATE

Bureau of Consular Affairs 

22 CFR Part 51

Passports 

CFR Correction

■ In Title 22 of the Code of Federal 

Regulations, Parts 1 to 299, revised as of 

April 1, 2004, on page 259, § 51.27 is 

corrected by adding paragraphs 

(d)(1)(i)(A) through (D) and (d)(1)(ii) to 

read as follows:

§ 51.27 Minors.

* * * * *

(d) * * *

(1)(i) * * *

(A) Grants sole custody to the 

objecting parent; or,