Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68075

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9M 

dated August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule: This amendment to 14 CFR 

part 71 revises Class E airspace at 

Sunriver Airport, Sunriver, OR. A new 

RNAV GPS SIAP at Sunriver Airport 

makes it necessary to increase the Class 

E airspace. This additional controlled 

airspace extending upward from 700 

feet or more above the surface of the 

earth is for the containment and safety 

of IFR aircraft transitioning to/from the 

en route environment and executing this 

SIAP procedure. 

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, 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)

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; 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 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 area 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ANM OR E5 Sunriver, OR (Revised) 

Sunriver Airport, Sunriver, OR 

(Lat. 43°52′35′′ N., long. 121°27′11′′ W.) 

Deschutes VORTAC 

(Lat. 43°15′10′′ N., long. 121°18′13′′ W.)

That airspace extending upward from 700 

feet above the surface of the earth within a 

6.1 mile radius of the Sunriver Airport and 

within 3.5 miles each side of the Deschutes 

VORTAC 196° radial extending from the 6.1 

mile radius to 14 miles north of the airport 

excluding that airspace within Federal 

Airways.

* * * * *

Issued in Seattle, Washington, on 

November 8, 2004. 

Raul C. Trevin ̃ o, 

Area Director, Western En Route and Oceanic 

Operations.

[FR Doc. 04–25884 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2004–19438; Airspace 

Docket No. 04–ASO–9] 

RIN 2120–AA66 

Amendment to Restricted Areas 2932, 

2933, 2934, and 2935; Cape Canaveral, 

FL

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action modifies 

Restricted Areas 2932, 2933, 2934, 2935 

(R–2932, R–2933, R–2934, and R–2935), 

Cape Canaveral Air Force Station (AFS), 

FL. Specifically, this action changes the 

name of the using agency for these areas 

from ‘‘U.S. Air Force, Eastern Space and 

Missile Center/RRS, Cape Canaveral 

AFS, FL,’’ to ‘‘Commander, 1st Range 

Operations Squadron, Cape Canaveral 

AFS, FL.’’ This action is being taken to 

reflect the current organizational 

structure at Cape Canaveral AFS, FL, 

but does not change the boundaries, 

altitudes, time of designation, or use of 

the restricted areas.

EFFECTIVE DATE: 0901 UTC, January 20, 

2004.

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

Background 

On February 25, 2004, the airspace 

manager for the 45th Space Wing, Cape 

Canaveral AFS, FL, requested a change 

to the using agency information for R–

2932, R–2933, R–2934, and R–2935 to 

reflect the current organizational 

structure. This action responds to this 

request. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 73 

(part 73) by modifying R–2932, R–2933, 

R–2934, and R–2935, Cape Canaveral 

AFS, FL. Specifically, this action 

changes the using agency name from 

‘‘U.S. Air Force, Eastern Space and 

Missile Center/RRS, Cape Canaveral 

AFS, FL,’’ to ‘‘Commander, 1st Range 

Operations Squadron, Cape Canaveral 

AFS, FL.’’ This action is an 

administrative change to reflect the 

current organization name of the using 

agency. This action does not alter the 

boundaries, altitudes, time of 

designation, or activities conducted 

within the restricted areas. Therefore, 

notice and public procedure under 5 

U.S.C. 553(b) are unnecessary. 

Section 73.29 of part 73 of the Federal 

Aviation Regulations was republished 

in FAA Order 7400.8L, dated October 7, 

2003. 

This regulation is limited to 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. It has been 

determined that 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. 

Environmental Review 

This action is a minor administrative 

change to update the using agency name 

68076 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

for existing restricted areas. There are 

no changes to air traffic procedures or 

routes as a result of this action. 

Therefore, the FAA determined that this 

action qualifies for a categorical 

exclusion from further environmental 

analysis under the National 

Environmental Policy Act in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ paragraph 311d.

List of Subjects in 14 CFR Part 73 

Airspace, Navigation (air).

Adoption of the Amendment

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73, as follows:

PART 73—SPECIAL USE AIRSPACE

■ 1. The authority citation for part 73 

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.

§ 73.29 [Amended]

■ 2. § 73.29 is amended as follows:

* * * * *

R–2932 Cape Canaveral, FL [Amended] 

By removing the words ‘‘Using agency. 

U.S. Air Force, Eastern Space and Missile 

Center/RRS, Cape Canaveral AFS, FL,’’ and 

substituting ‘‘Using agency. Commander, 1st 

Range Operations Squadron, Cape Canaveral 

AFS, FL.’’

R–2933 Cape Canaveral, FL [Amended] 

By removing the words ‘‘Using agency. 

U.S. Air Force, Eastern Space and Missile 

Center/RRS, Cape Canaveral AFS, FL,’’ and 

substituting ‘‘Using agency. Commander, 1st 

Range Operations Squadron, Cape Canaveral 

AFS, FL.’’

R–2934 Cape Canaveral, FL [Amended] 

By removing the words ‘‘Using agency. 

U.S. Air Force, Eastern Space and Missile 

Center/RRS, Cape Canaveral AFS, FL,’’ and 

substituting ‘‘Using agency. Commander, 1st 

Range Operations Squadron, Cape Canaveral 

AFS, FL.’’

R–2935 Cape Canaveral, FL [Amended] 

By removing the words ‘‘Using agency. 

U.S. Air Force, Eastern Space and Missile 

Center/RRS, Cape Canaveral AFS, FL,’’ and 

substituting ‘‘Using agency. Commander, 1st 

Range Operations Squadron, Cape Canaveral 

AFS, FL.’’

* * * * *

Issued in Washington, DC, on November 

16, 2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–25882 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Part 750 

[Docket No. 041001275–4275–01] 

RIN 0694–AD05 

Revision of Licensee’s Responsibility 

To Communicate License Conditions

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Interim rule.

SUMMARY: This interim rule revises the 

Export Administration Regulations 

(EAR) to require licensees to 

communicate in writing specific license 

conditions to the parties to whom the 

license conditions apply. This rule also 

makes a technical correction to the title 

of part 750 of the EAR.

DATES: This rule is effective: December 

23, 2004.

FOR FURTHER INFORMATION CONTACT:

Jeffery Lynch, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security; e-mail: 

jlynch@bis.doc.gov.

SUPPLEMENTARY INFORMATION: 

Background 

In July 2000, BIS published a 

regulation (65 FR 42565) that required 

the licensee to communicate specific 

license conditions to applicable parties. 

The Export Administration Regulations 

(EAR) state, in § 750.7(d), that ‘‘it is the 

licensee’s responsibility to 

communicate the specific license 

conditions to the parties to whom those 

conditions apply. In addition, when 

required by the license condition, the 

licensee is responsible for obtaining 

written acknowledgment(s) of receipt of 

the conditions from the party(ies) to 

whom those conditions apply.’’

The purpose of this rule is to ensure 

that license conditions are 

communicated to the parties to whom 

they apply, and to clarify the manner in 

which the conditions should be 

communicated. Such communication 

must be in writing (which includes 

recorded and retrievable media, such as 

e-mail). This revision is in accordance 

with the Government Accountability 

Office’s (GAO) post-shipment 

verification recommendations to the 

Bureau of Industry and Security (BIS) 

(found in GAO–04–357). This revision 

will not increase the burden to the 

public, as license conditions generally 

are typically communicated in writing, 

(e.g., via e-mail or facsimile). 

The written communication of the 

text of license conditions (not the 

manner in which the writing is 

formatted) is the most important aspect 

of this requirement. For example, if a 

licensee communicates the conditions 

via a sales contract, then the sales 

contract must specifically state that the 

conditions continue beyond any stated 

validity period of the contract. 

Export licenses may include several 

different types of conditions, including 

restrictions on end-use, requirements to 

keep records or submit reports, or 

requirements to return certain items to 

the United States. Some licenses may be 

subject to several conditions, each of 

which may affect a different party to the 

export transaction. Pursuant to the 

requirements set forth in this rule, the 

licensee bears the responsibility of 

ensuring that the terms and text of the 

conditions are clearly conveyed to the 

appropriate involved parties. 

In addition to the above provisions, 

this rule also makes a technical 

correction to the title of Part 750 of the 

EAR. Currently, that part is entitled 

‘‘Application Processing, Issuance or 

and Denial.’’ The ‘‘or and’’ in the title 

is in reverse order. This rule changes the 

title to read ‘‘Application Processing, 

Issuance and Denial.’’

Although the Export Administration 

Act expired on August 20, 2001, 

Executive Order 13222 of August 17, 

2001 (3 CFR, 2001 Comp., p. 783 

(2002)), as extended by the Notice of 

August 6, 2004, 69 FR 48763 (August 

10, 2004) continues the EAR in effect 

under the International Emergency 

Economic Powers Act. 

Rulemaking Requirements 

1. This interim rule has been 

determined to be not significant for 

purposes of E.O. 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information, subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves a collection of information 

subject to the PRA. This collection has 

been approved by OMB under control 

number 0694–0122, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 10 minutes for a 

manual or electronic submission. Send 

comments regarding these burden 

estimates or any other aspect of this 

collection of information, including 

suggestions for reducing the burden, to 

David Rostker, Office of Management 

and Budget (OMB), by e-mail to