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 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68077

David_Rostker@omb.eop.gov, or by fax 

to (202) 395–7285; and to the Office of 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6883, Washington, DC 20230. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined under E.O. 13132.

4. The Department finds under 5 

U.S.C. 553(b)(B) that good cause exists 

to waive prior notice and opportunity 

for public comment. This rule revises 

the EAR to require licensees to 

communicate in writing specific license 

conditions to the parties to whom they 

apply. By requiring such notice to be in 

writing, BIS merely clarifies the form in 

which the notice must be provided. The 

previously existing EAR requirement to 

provide such notice is unchanged by 

this rule. Because this revision is not a 

substantive change to the EAR, it is 

unnecessary to provide prior notice and 

opportunity for public comment. 

Therefore, this rule is being issued in 

interim form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Jeffrey Lynch, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security, P.O. 

Box 273, Washington, DC 20044, emailed to: jlynch@bis.doc.gov, or faxed 

to (202) 482–3355. 

The public record concerning this 

regulation will be maintained in the 

Bureau of Industry and Security 

Freedom of Information Records 

Inspection Facility, Room 6881, 

Department of Commerce, 14th Street 

and Pennsylvania Avenue, NW., 

Washington, DC 20230. Records in this 

facility may be inspected and copied in 

accordance with regulations published 

in part 4 of Title 15 of the Code of 

Federal Regulations. Information about 

the inspection and copying of records at 

the facility may be obtained from the 

Bureau of Industry and Security 

Freedom of Information Officer, at the 

above address or by calling (202) 482–

0500.

List of Subjects for 15 CFR Part 750 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements.

■ Accordingly, part 750 of the Export 

Administration Regulations (15 CFR 

parts 730–799) is amended as follows:

PART 750—[AMENDED]

■ 1. The authority citation for 15 CFR 

part 750 is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108–

11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; 

Presidential Determination 2003–23 of May 

7, 2003, 68 FR 26459, May 16, 2003; Notice 

of August 6, 2004, 69 FR 48763 (August 10, 

2004).

■ 2. Revise the title of part 750 to read 

as follows: ‘‘PART 750—APPLICATION 

PROCESSING, ISSUANCE, AND 

DENIAL’’.

§ 750.7 [Amended]

■ 3. Revise the sixth sentence in 

§ 750.7(d) to read as follows: ‘‘It is the 

licensee’s responsibility to communicate 

in writing the specific license 

conditions.’’

Dated: November 16, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–25951 Filed 11–22–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[TD 9130] 

RIN 1545–BA60 

Required Distributions From 

Retirement Plans; Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains 

corrections to final regulations (TD 

9130) which were published in the 

Federal Register on Tuesday, June 15, 

2004 (69 FR 33288). These final 

regulations relate to the required 

minimum distributions under section 

401(a)(9) for defined benefit plans and 

annuity contracts providing benefits 

under qualified plans, individual 

retirement plans, and section 403(b) 

contracts.

DATES: This correction is effective June 

15, 2004.

FOR FURTHER INFORMATION CONTACT:

Cathy Vohs at (202) 622–6090 (not a 

toll-free number).

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9130) that 

are the subject of these corrections are 

under sections 401 and 403 of the 

Internal Revenue Code. 

Need for Correction 

As published, TD 9130 contains errors 

that may prove to be misleading and are 

in need of clarification.

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements.

Correction of Publication

■ Accordingly, 26 CFR part 1 is corrected 

by making the following correcting 

amendments:

PART 1—INCOME TAXES

■ Paragraph 1. The authority citation for 

part 1 continues to read in part as 

follows:

Authority: 26 U.S.C. 7805 * * *

§ 1.401(a)(9)–6 [Corrected]

■ 1. Section 1.401(a)(9)–6(c)(3) of A–2, in 

the Example., fifth sentence, the 

language, ‘‘In this case, Z is 30 years 

older than Y and is commencing benefit 

5 years before attaining age 70 so the 

adjusted employee-beneficiary age 

difference is 25 years.’’ is removed and 

the language ‘‘In this case, Z is 30 years 

older than Y and is commencing benefit 

4 years before attaining age 70 so the 

adjusted employee-beneficiary age 

difference is 26 years.’’ is added in its 

place.

■ 2. Section 1.401(a)(9)–6(c)(3) of A–2, in 

the Example., sixth sentence, the 

language, ‘‘Under the table in paragraph 

(c)(2) of this A–2, the applicable 

percentage for a 25-year adjusted 

employee/beneficiary age difference is 

66 percent.’’ is removed and the language 

‘‘Under the table in the paragraph (c)(2) 

of this A–2, the applicable percentage for 

a 26-year adjusted employee/beneficiary 

age difference is 64 percent.’’ is added in 

its place.

■ 3. Section 1.401(a)(9)–6(c)(2) of A–12 

is amended by removing ‘‘A–14’’ and 

adding ‘‘A–12’’ in its place.

■ 4. Section 1.401(a)(9)–6(d) Example 1.

(vii) of A–13 is amended by removing the 

language ‘‘under paragraph (c)(1)’’.

■ 5. Section 1.401(a)(9)–6(d) Example 3.

(i) of A–13, is amended by adding a new 

second sentence ‘‘E was born in 1935.’’.

■ 6. Section 1.401(a)(9)–6(f) Example 8.

(ii) of A–14, last sentence of the 

paragraph the word ‘‘be’’ is removed.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedures and 

Administration).

[FR Doc. 04–25963 Filed 11–22–04; 8:45 am] 

BILLING CODE 4830–01–P