69554 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

—Paragraph (b)(15); 

—Paragraph (e)(3)(iii); and 

—Paragraph (e)(4)(iii)(C).

* * * * *

PART 204—IMMIGRANT PETITIONS 

4. The authority citation for part 204 

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 

1154, 1182, 1186a, 1255, 1641; 8 CFR part 2.

§ 204.1 [Amended] 

5. Section 204.1 is amended by 

removing paragraph (h).

§ 204.2 [Amended] 

6. Section 204.2 is amended by: 

a. Removing paragraph (c)(3)(ii) and 

by redesignating (c)(3)(iii) as (c)(3)(ii); 

b. Removing paragraph (e)(3)(ii) and 

by redesignating (e)(3)(iii) as (e)(3)(ii).

PART 214—NONIMMIGRANT CLASSES 

7. The authority citation for part 214 

continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 

1184, 1185 (pursuant to Executive Order 

13323, published January 2, 2004), 1186a, 

1187, 1221, 1281, 1282, 1301–1305; 1372; 

1379; 1731–32; sec. 643, Pub. L. 104–208; 

110 Stat. 3009–708; section 141 of the 

Compacts of Free Association with the 

Federated States of Micronesia and the 

Republic of the Marshall Islands, and with 

the Government of Palau, 48 U.S.C. 1901, 

note, and 1931, note, respectively.

§ 214.2 [Amended] 

8. Section 214.2 is amended by: 

a. Removing paragraph (h)(10)(ii) and 

by redesignating (h)(10)(iii) as 

(h)(10)(ii); 

b. Removing paragraph (k)(10)(iii); 

c. Removing paragraph (l)(8)(i) and by 

redesignating (l)(8)(ii) and (l)(8)(iii) as 

(l)(8)(i) and (l)(8)(ii) respectively; 

d. Revising paragraph (o)(7); and by 

e. Revising paragraph (p)(9). 

The revisions read as follows:

§ 214.2 Special requirements for 

admission, extension, and maintenance of 

status.

* * * * *

(o) * * * 

(7) The petitioner shall be notified of 

the decision, the reasons for the denial, 

and the right to appeal the denial under 

8 CFR part 103.

* * * * *

(p) * * * 

(9) The petitioner shall be notified of 

the decision, the reasons for the denial, 

and the right to appeal the denial under 

8 CFR part 103. There is no appeal from 

a decision to deny an extension of stay 

to the alien or a change of nonimmigrant 

status.

* * * * *

8. Section 214.11 is amended by 

revising paragraph (k)(2) to read as 

follows:

§ 214.11 Alien victims of severe forms of 

trafficking in persons.

* * * * *

(k) * * * 

(2) Determination by USCIS. An 

application for T–1 status under this 

section will not be treated as a bona fide 

application until USCIS has provided 

the notice described in paragraph (k)(3) 

of this section. In the event that an 

application is incomplete or if the 

application is complete but does not 

present sufficient evidence to establish 

prima facie eligibility for each required 

element of T nonimmigrant status, 

USCIS will follow the procedures 

provided in 8 CFR 103.2(b)(8) for 

requesting additional evidence, issuing 

a notice of intent to deny, or 

adjudicating the case on the merits. 

9. Section 214.15 is amended by 

revising the second sentence of 

paragraph (d) to read as follows:

§ 214.15 Certain spouses and children of 

lawful permanent residents.

* * * * *

(d) The definition of ‘‘pending’’.

* * * In addition, the petition must 

have been properly filed according to 8 

CFR 103.2(a), and if, subsequent to 

filing, USCIS returns the petition to the 

applicant for any reason or makes a 

request for evidence or issues a notice 

of intent to deny under 8 CFR 

103.2(b)(8), the petitioner must comply 

with the request within the time period 

set by USCIS. * * *

* * * * *

PART 245—ADJUSTMENT OF STATUS 

TO THAT OF PERSON ADMITTED FOR 

PERMANENT RESIDENCE 

10. The authority citation for part 245 

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 

sec. 202, Pub. L. 105–100, 111 Stat. 2160, 

2193; sec. 902, Pub. L. 105–277, 112 Stat. 

2681; 8 CFR part 2.

§ 245.18 [Amended] 

11. Section 245.18 is amended by 

removing and reserving paragraph (i).

PART 245a—ADJUSTMENT OF 

STATUS TO THAT OF PERSONS 

ADMITTED FOR LAWFUL 

TEMPORARY OR PERMANENT 

RESIDENT STATUS UNDER SECTION 

245A OF THE IMMIGRATION AND 

NATIONALITY ACT 

12. The authority citation for part 

245a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1255a and 

1255a note.

13. Section 245a.20 is amended by 

revising paragraph (a)(2) to read as 

follows:

§ 245a.20 Decisions, appeals, motions, 

and certifications. 

(a) * * * 

(2) Denials. The alien shall be notified 

in writing of the decision of denial and 

of the reason(s) therefor. An applicant 

affected under this part by an adverse 

decision is entitled to file an appeal on 

Form I–290B, Notice of Appeal to the 

Administrative Appeals Office (AAO), 

with required fee specified in 8 CFR 

103.7(b)(1). Renewal of employment 

authorization issued pursuant to 

§ 245a.13 will be granted until a final 

decision has been rendered on appeal or 

until the end of the appeal period if no 

appeal is filed. After exhaustion of an 

appeal, an alien who believes that the 

grounds for denial have been overcome 

may submit another application with 

fee, provided that the application is 

submitted on or before June 4, 2003.

* * * * *

§ 245a.33 [Amended] 

14. Section 245a.33 is amended by 

removing the second sentence of 

paragraph (b).

Dated: November 18, 2004. 

Tom Ridge, 

Secretary of Homeland Security.

[FR Doc. 04–26371 Filed 11–29–04; 8:45 am] 

BILLING CODE 4410–10–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19577; Airspace 

Docket No. 04–ACE–67] 

Proposed Establishment of Class E2 

Airspace; and Modification of Class E5 

Airspace; Independence, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to create 

a Class E surface area at Independence, 

KS. It also proposes to modify the Class 

E5 airspace at Independence, KS.

DATES: Comments for inclusion in the 

Rules Docket must be received on or 

before January 10, 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

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69555

20590–0001. You must identify the 

docket number FAA–2004–19577/

Airspace Docket No. 04–ACE–67, 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: 

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 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–2004–19577/Airspace 

Docket No. 04–ACE–67.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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 

Superintendent of Document’s Web 

page at http://www.access.gop.gov/nara.

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington 20591, or by calling (202) 

267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This notice proposes to amend Part 71 

of the Federal Aviation Regulations (14 

CFR part 71) to establish Class E 

airspace designated as a surface area for 

an airport at Independence, KS. 

Controlled airspace extending upward 

from the surface of the earth is needed 

to contain aircraft executing instrument 

approach procedures to Independence 

Municipal Airport. Weather 

observations would be provided by an 

Automatic Weather Observing/

Reporting system (AWOS) and 

communications would be direct with 

Kansas City Air Route Traffic Control 

Center. 

This notice also proposes to revise the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Independence, KS. An examination of 

this Class E airspace area revealed it 

does not comply with airspace 

requirements for diverse departments 

from Independence Municipal Airport 

as set forth in FAA Order 7400.2E, 

Procedures for Handling Airspace 

Matters. The examination also revealed 

discrepancies in the Independence 

Municipal Airport airport reference 

point. This proposal would correct these 

anomalies. The areas would be depicted 

on appropriate aeronautical charts. 

Class E airspace areas designated as 

surface areas are published in Paragraph 

6002 of FAA Order 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

Paragraph 6005 of the same Order. The 

Class E airspace designations listed in 

this document would be published 

subsequently in the Order. 

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. It, 

therefore, (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. 

This proposed rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority since 

it would contain aircraft executing 

instrument approach procedures to 

Independence Municipal Airport and 

correct discrepancies in the airport 

reference point.

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, 

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, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

Paragraph 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE KS E2 Independence, KS 

Independence Municipal Airport, KS (lat. 

37°09′30′′ N., long. 95°46′42′′ W.). 

Within a 4.6-mile radius of Independence 

Municipal Airport.

* * * * *

69556 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE KS E5 Independence, KS 

Independence Municipal Airport, KS (lat. 

37°09′30′′ N., long. 95°46′42′′ W.). 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of the Independence Municipal 

Airport.

* * * * *

Issued in Kansas City, MO, on November 

10, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–26344 Filed 11–29–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19578; Airspace 

Docket No. 04–ACE–68] 

Proposed Establishment of Class E2 

Airspace; Lawrence, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to create 

a Class E surface area at Lawrence, KS.

DATES: Comments for inclusion in the 

Rules Docket must be received on or 

before January 10, 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 the 

docket number FAA–2004–19578/

Airspace Docket No. 04–ACE–68, 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: 

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 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–2004–19578/Airspace 

Docket No. 04–ACE–68.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

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 

Superintendent of Document’s Web 

page at http://www.access.gpo.gov/nara.

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Lawrence Avenue, SW., Washington, 

DC 20591, or by calling (202) 267–8783. 

Communications must identify both 

docket numbers for this notice. Persons 

interested in being placed on a mailing 

list for future NPRM’s should contact 

the FAA’s Office of Rulemaking (202) 

267–9677, to request a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

This notice proposes to amend Part 71 

of the Federal Aviation Regulations (14 

CFR part 71) to establish Class E 

airspace designated as a surface area for 

an airport at Lawrence, KS. Controlled 

airspace extending upward from the 

surface of the earth is needed to contain 

aircraft executing instrument approach 

procedures to Lawrence Municipal 

Airport. Weather observations would be 

provided by an Automated Surface 

Observing System (ASOS) and 

communications would be direct with 

Kansas City Air Route Traffic Control 

Center. The area would be depicted on 

appropriate aeronautical charts. 

Class E airspace areas designated as 

surface areas are published in Paragraph 

6002 of FAA Order 7400.9M, 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 would be 

published subsequently in the Order. 

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. It, 

therefore, (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. 

This proposed rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority since 

it would contain aircraft executing 

instrument approach procedures to 

Lawrence Municipal Airport.

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, 

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.