67638 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 

addressed in § 23.1309(e), on the 

airplane systems and engine control 

system when installing the control on 

the airplane. When appropriate, engine 

certification data may be used when 

showing compliance with this 

requirement.

Issued in Kansas City, Missouri, on 

November 1, 2004. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25698 Filed 11–18–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19576; Airspace 

Docket No. 04–ACE–66] 

Modification of Class E Airspace; 

Boone, IA

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 Boone, IA. A review of 

controlled airspace at Boone, IA 

revealed it does not comply with criteria 

for 700 feet above ground level (AGL) 

airspace required to protect aircraft 

executing Standard Instrument 

Approach Procedures (SIAPs) to Boone 

Municipal Airport. The review also 

identified noncompliance with criteria 

for diverse departures from the airport 

and other discrepancies in the legal 

description of airspace area. 

The intended effect of this rule is 

provide controlled airspace of 

appropriate dimensions to protect 

aircraft departing from and executing 

SIAPs to Boone Municipal Airport. It 

also corrects discrepancies in the legal 

description of Boone, IA Class E 

airspace area and brings the airspace 

area and legal description into 

compliance with 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–2004–19576/

Airspace Docket No. 04–ACE–66, 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:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Boone, IA. An examination of controlled 

airspace for Boone Municipal Airport 

revealed it does not comply with FAA 

Order 7400.2E, Procedures for Handling 

Airspace Matters, and FAA Order 

8260.19C, Flight Procedures and 

Airspace, criteria for 700 feet AGL 

airspace required to protect aircraft 

executing SIAPs. The review also 

identified noncompliance with FAA 

Order 7400.2E criteria for diverse 

departures from the airport and other 

discrepancies in the legal description of 

the airspace area. 

This amendment modifies the 

airspace area from a 6.6-mile radius to 

an 6.5-mile radius of Boone Municipal 

Airport, adds northeast and southeast 

extensions to the airspace area, modifies 

the northwest extension and brings the 

legal description of the Boone, IA Class 

E airspace area into compliance with 

FAA Orders 7400.2E and 8260.19C. 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 this 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–2004–19576/Airspace 

Docket No. 04–ACE–66.’’ 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 

Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 67639

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 IAE5 Boone, IA 

Boone Municipal Airport, IA 

(Lat. 42°02′58′′ N., long. 93°50′51′′ W.) 

Boone NDB 

(Lat. 42°03′16′′ N., long. 93°51′11′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Boone Municipal Airport; and 

within 7 miles north and 3 miles south of the 

048° bearing from the Boone NDB extending 

from the 6.5-mile radius of the airport to 10 

miles northeast of the NDB; and within 2.5 

miles each side of the 143° bearing from the 

NDB extending from the 6.5-mile radius of 

the airport to 7 miles southeast of the NDB; 

and within 2.5 miles each side of the 333°

bearing from the NDB extending from the 6.5-

mile radius of the airport to 7 miles 

northwest of the NDB.

* * * * *

Issued in Kansas City, MO, on November 

4, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–25699 Filed 11–18–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 24

[T.D. TTB–17] 

RIN 1513–AA96

Materials and Processes Authorized 

for the Treatment of Wine and Juice 

(2004R–517P)

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB), Treasury.

ACTION: Temporary rule; solicitation of 

comments. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau is revising its list of 

materials authorized for the treatment of 

wine and juice, and its list of processes 

authorized for the treatment of wine, 

juice, and distilling material. 

Specifically, we are adding new 

material and process listings, and 

amending the limitations for some 

existing listings pertaining to wine and 

juice. We are seeking comments from all 

interested parties on our view that the 

materials and processes covered by 

these changes are consistent with good 

commercial practice in the production, 

cellar treatment, or finishing of juice or 

standard wine.

DATES: Temporary rule effective 

November 19, 2004. Comments must be 

received on or before January 18, 2005.

ADDRESSES: You may send comments to 

any of the following addresses—

• Chief, Regulations and Procedures 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, Attn: T.D. TTB–17, P.O. 

Box 14412, Washington, DC 20044–

4412; 

• 202–927–8525 (facsimile); 

• nprm@ttb.gov (e-mail); 

• http://www.ttb.gov/alcohol/rules/

index.htm (an online comment form is 

posted with this notice on our Web site); 

or 

• http://www.regulations.gov (Federal 

e-rulemaking portal; follow instructions 

for submitting comments). 

You may view copies of any 

comments we receive about this 

temporary rule by appointment at the 

TTB Library, 1310 G Street, NW., 

Washington, DC 20220. To make an 

appointment, call 202–927–2400. You 

may also access copies of the interim 

rule and comments online at http://

www.ttb.gov/alcohol/rules/index.htm.

See the Public Participation section of 

this document for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing.

FOR FURTHER INFORMATION CONTACT:

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Procedures Division, P.O. Box 18152, 

Roanoke, Virginia 24014; telephone 

540–344–9333.

SUPPLEMENTARY INFORMATION: 

Background 

Section 5382 of the Internal Revenue 

Code of 1986 (26 U.S.C. 5382) provides 

that proper cellar treatment of natural 

wine constitutes those practices and 

procedures that produce a finished 

product acceptable in good commercial 

practice. Section 5382 also authorizes 

the Secretary of the Treasury to 

prescribe, by regulation, limitations on 

the use of methods and materials for 

clarifying, stabilizing, preserving, 

fermenting, and otherwise correcting 

wine and juice. 

The regulations administered by the 

Alcohol and Tobacco Tax and Trade 

Bureau (TTB) include, in 27 CFR part 

24, provisions that implement these 

statutory requirements. Section 24.246 

(27 CFR 24.246) includes a table that 

lists materials authorized for the 

treatment of wine and juice; § 24.247 (27 

CFR 24.247) includes a table that lists 

materials authorized for the treatment of 

distilling material; and § 24.248 (27 CFR 

24.248) includes a table that lists 

processes authorized for the treatment 

of wine, juice, and distilling materials. 

Industry members wishing to 

experiment with, or commercially use, a 

treating material or process not 

specifically authorized in part 24 may 

file an application with TTB requesting 

authorization to use the new material or 

process. Standards regarding the 

experimental use of a new material or 

process are set forth in § 24.249 (27 CFR 

24.249). The provisions covering 

applications for commercial use of a 

new material or process are contained in 

§ 24.250 (27 CFR 24.250). Applications 

for commercial use must show that the 

proposed material or process is a cellar 

treatment consistent with good 

commercial practice. In general, good 

commercial practices include those 

practices that address the reasonable 

technological or practical need to 

enhance the keeping, stability, or other 

qualities of the wine and that achieve 

the winemaker’s desired effect, without 

creating an erroneous impression about 

the wine’s character and composition. 

Over the past few years, TTB has 

received and approved applications for 

experimental or commercial use of the 

wine and juice treating materials and 

processes discussed below. We believe 

we have accumulated enough analytical 

data or other information to add them to 

the list of materials and processes for