Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68105

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR part 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ANM CA E5 Mariposa, CA [NEW] 

Mariposa-Yosemite Airport 

(Lat. 37°30′65′′ N., long. 120°02′37′′ W.)

That airspace extending upward from 700 

feet above the surface of the earth within a 

6.5 mile radius of the Mariposa-Yosemite 

Airport.

* * * * *

Issued in Seattle, Washington, on October 

8, 2004. 

Raul C. Trevin ̃ o, 

Area Director, Western En Route and Oceanic 

Operations.

[FR Doc. 04–25885 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–19422; Airspace Docket 

No. 03–AEA–11] 

RIN 2120–AA66 

Proposed Establishment of VOR 

Federal Airway 623 (V–623)

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Federal Airway 623 (V–623) 

between the Sparta, NJ, Very High 

Frequency Omnidirectional Range 

Tactical Air Navigation (VORTAC) and 

the Carmel, NY, Very High Frequency 

Omnidirectional Range/Distance 

Measuring Equipment (VOR/DME). The 

purpose of the proposed airway is to 

enhance the management of aircraft 

transiting from the New England area to 

airports in the Newark, NJ area.

DATES: Comments must be received on 

or before January 7, 2005.

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 FAA 

Docket No. FAA–19422 and Airspace 

Docket No. 03–AEA–11, at the 

beginning of your comments. You may 

also submit comments on the Internet at

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules, Office of 

System Operations and Safety, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783.

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 (FAA Docket No. FAA–

19422 and Airspace Docket No. 03–

AEA–11) and be submitted in triplicate 

to the Docket Management System (see

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at

http://dms.dot.gov.

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–19422 and Airspace 

Docket No. 03–AEA–11.’’ 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 action 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 NPRM’s 

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 

Federal Register’s Web page at http://

www.gpoaccess.gov/fr/index.html.

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Regional Air Traffic Division, Federal 

Aviation Administration, 159–30 

Rockaway Boulivard, Jamaica, NY 

11434–4848. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

History 

On September 5, 2002, the New York 

Air Route Traffic Control Center 

(ARTCC) requested an airway be 

established to accommodate air traffic 

transiting from the New England area to 

Newark Liberty International Airport 

and its satellites. This action responds 

to this request. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 (part 71) to establish 

V–623 in the vicinity of Newark, NJ; 

between the Sparta, NJ; VORTAC and 

the Carmel, NY; VOR/DME. The 

proposed airway would enhance the 

management of aircraft transiting from 

the New England area to airports in the 

Newark, NJ, area. 

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. 

Therefore, this proposed 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 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 proposed 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.

68106 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

1Secretary of Energy Spencer Abraham, in 

requesting the National Petroleum Council (NPC) to 

undertake a study of natural gas in the United 

States in the 21st century, sought ‘‘the NPC’s advice 

on actions that can be taken by industry and 

Government to increase the productivity and 

efficiency of North American natural gas markets 

and to ensure adequate and reliable supplies of 

energy for consumers.’’ The NPC’s resulting report 

found that the solution includes accessing ‘‘gas 

resources from previously inaccessible areas of the 

United States and gas from the Arctic.’’ Balancing 

Natural Gas Policy—Fueling the Demands of a 

Growing Economy, A Report of the National 

Petroleum Council, at 7 (Sept. 25, 2003) (NPC 

Report).

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:

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 FAA Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

Paragraph 6010(a) Domestic VOR Federal 

Airways.

* * * * *

V–623 [New] 

From Carmel, NY; INT Carmel 275°(M) 

263°(T) and Sparta, NJ 039°(M) 028°(T) 

radials; Sparta.

* * * * *

Issued in Washington, DC, on November 

16, 2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–25881 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARMENT OF ENERGY

Federal Energy Regulatory 

Commission 

18 CFR Part 157 

[Docket No. RM05–1–000] 

Regulations Governing the Conduct of 

Open Seasons for Alaska Natural Gas 

Transportation Projects 

November 15, 2004.

AGENCY: Federal Energy Regulatory 

Commission.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Federal Energy 

Regulatory Commission is proposing to 

amend its regulations to establish 

requirements governing the conduct of 

open seasons for proposals to construct 

Alaska natural gas transportation 

projects. These proposed regulations are 

intended to fulfill the Commission’s 

responsibilities to issue open season 

regulations under section 103 of the 

Alaska Natural Gas Pipeline Act (the 

Act), enacted on October 13, 2004. 

Section 103(e)(1) of the Act directs the 

Commission, within 120 days from 

enactment of the Act, to promulgate 

regulations governing the conduct of 

open seasons for Alaska natural gas 

transportation projects, including 

procedures for allocation of capacity. 

According to section 103(e)(2) of the 

Act, these regulations must include the 

criteria for and timing of any open 

season, promote competition in the 

exploration, development, and 

production of Alaska natural gas, and 

for any open seasons for capacity 

exceeding the initial capacity, provide 

for the opportunity for the 

transportation of natural gas other than 

from the Prudhoe Bay and Point 

Thomson units.

DATES: Comments are due on December 

17, 2004.

ADDRESSES: Comments may be filed 

electronically via the eFiling link on the 

Commission’s Web site at http://

www.ferc.gov. Commenters unable to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Office of the Secretary, 

888 First Street NE., Washington, DC, 

20426. Refer to the Comment 

Procedures section of the preamble for 

additional information on how to file 

comments.

FOR FURTHER INFORMATION CONTACT:

Whit Holden, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–8089, 

edwin.holden@ferc.gov.

SUPPLEMENTARY INFORMATION:

Notice of Proposed Rulemaking 

I. Introduction 

1. The Alaska Natural Gas Pipeline 

Act became law on October 13, 2004. 

Under the Act, Congress mandated the 

expedited processing by the 

Commission of any application for an 

Alaska natural gas transportation 

project, namely any natural gas pipeline 

system that carries natural gas derived 

from that portion of Alaska lying north 

of 64 degrees north latitude to the 

border between Alaska and Canada. The 

new law recognizes the importance of 

our Alaskan natural gas resources in 

meeting the rapidly rising demand for 

natural gas in the United States. The 

timely development of an Alaska 

natural gas transportation project to 

bring Alaskan natural gas to markets in 

Alaska and in the lower 48 states will 

help ensure that the nation has adequate 

supplies of natural gas at reasonable 

prices.1 To this end, the Act charges the 

Commission with the responsibility of 

implementing an expedited approval 

process consistent with the Act. The Act 

specifically directs the Commission to 

prescribe the rules which will apply to 

any open season held for the purpose of 

soliciting interest in, or making binding 

commitments to the acquisition of 

capacity on, any Alaska natural gas 

transportation project, including the 

criteria for allocating capacity among 

competing bidders.

2. To date, it has been the 

Commission’s policy, developed 

through its orders and opinions, that all 

new interstate pipeline construction be 

preceded by a non-discriminatory, nonpreferential ‘‘open season’’ process 

through which potential shippers may 

seek and obtain firm capacity rights. 

Congress has determined that it is 

necessary to supplant Commission 

policy with specific regulations 

governing the conduct of open seasons 

for an Alaska natural gas transportation 

project in order to take into account the 

tremendous cost, long lead-time, and 

environmental sensitivities that are 

unique to such a project. In this regard, 

Congress has emphasized that the 

Commission’s regulations are to be 

designed to promote competition in the 

exploration, development, and 

production of Alaska natural gas and, as 

to any open season for expansion of the 

initial capacity of any Alaska natural gas 

transportation project, the Commission’s 

regulations are to specifically provide 

the opportunity for gas other than 

Prudhoe Bay and Point Thomson 

production to have access to the 

pipeline. 

3. In summary, the Commission sees 

as its goal the creation of an open season 

process that provides nondiscriminatory access to capacity on any 

Alaska natural gas transportation project 

while, at the same time, ensuring 

sufficient economic certainty to support 

the construction of the pipeline and