70372 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in title 

49 of the United States Code. Subtitle I, 

section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

issuing regulations to ensure the safety 

of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority since it defines 

controlled airspace in the vicinity of the 

Westover AFB to ensure the safety of 

aircraft operating near that airport and 

the efficient use of that airspace.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me, the Federal Aviation 

Administration amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) as follows:

PART 71—[AMENDED]

■ 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.

■ 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 5000 Class D Airspace.

* * * * *

ANE MA D Springfield/Chicopee, MA 

[Revised] 

Springfield/Chicopee, Westover AFB, MA 

(Lat. 42°11′38′′ N, long. 72°32′05′′ W)

That airspace extending upward from the 

surface to and including 2,700 feet MSL 

within 5.7-mile radius of Westover AFB. This 

Class D airspace is effective during the 

specific dates and times established in 

advance by a Notice to Airman. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory.

* * * * *

Issued in Burlington, MA, on November 

18, 2004. 

William C. Yuknewicz, 

Director of Operations, Eastern Flight Service 

Area.

[FR Doc. 04–26750 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–16091; Airspace 

Docket No. 03–ACE–74] 

RIN 2120–AA66

Establishment of Jet Route 187, and 

Revision of Jet Routes 180 and 181; 

MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Jet 

Route 187 (J–187) from the Memphis, 

TN, Very High Frequency Omnidirectional Range/Tactical Air 

Navigation (VORTAC) to the Foristell, 

MO, VORTAC. This action also extends 

J–180 from the Little Rock, AR, 

VORTAC to the Foristell VORTAC, and 

realigns J–181 between the Neosho Very 

High Frequency Omni-directional 

Range/Distance Measuring Equipment 

(VOR/DME) and the BAYLI intersection. 

The FAA is taking this action to 

enhance the management of aircraft 

operations over the St. Louis, MO area.

EFFECTIVE DATE: 0901 UTC, March 17, 

2005.

FOR FURTHER INFORMATION CONTACT:

Steve Rohring, 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: 

History 

On April 15, 2004, the FAA published 

in the Federal Register a notice 

proposing to establish J–187, and revise 

J–180 and J–181 (69 FR 19963). As part 

of the National Airspace Redesign 

project, a review of aircraft operations 

has identified a need to revise the jet 

route structure over the St. Louis, MO 

area. The FAA believes that establishing 

J–187 and revising the existing J–180 

and J–181 will enhance the management 

of aircraft operations destined for the 

Lambert-St. Louis International Airport 

and the Chicago O’Hare International 

Airport. Interested parties were invited 

to participate in this rulemaking 

proceeding by submitting written 

comments on this proposal to the FAA. 

No comments were received in response 

to the proposal. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 71 

(part 71) by establishing J–187, and 

revising J–180 and J–181 in the St. 

Louis, MO area. Specifically, this action 

establishes J–187 from the Memphis, 

TN, VORTAC to the Foristell, MO, 

VORTAC. This action also revises J–180 

by extending it from the Little Rock, AR, 

VORTAC to the Foristell VORTAC and 

J–181 by realigning the segments 

between the Neosho VOR/DME and the 

BAYLI intersection. The FAA believes 

that this action will enhance the 

management of aircraft operations over 

the St. Louis, MO area. 

Jet routes are published in paragraph 

2004 of FAA Order 7400.9L dated 

September 2, 2003, and effective 

September 16, 2003, which is 

incorporated by reference in 14 CFR 

71.1. The jet routes listed in this 

document will be published 

subsequently in the order. 

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. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 

Paragraph 311(a) of FAA Order 1050.1E, 

Policies and Procedures for Considering 

Environmental Impacts. This airspace 

action is not expected to cause any 

potentially significant impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment.

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70373

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by Reference, 

Navigation (air).

The 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, 

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 7400.9L, 

Airspace Designations and Reporting 

Points, dated September 2, 2003, and 

effective September 16, 2003, is 

amended as follows:

Paragraph 2004 Jet Routes

* * * * *

J–180 [Revised] 

From Humble, TX; Daisetta, TX; Sawmill, 

LA; Little Rock, AR; Foristell, MO. 

J–181 [Revised] 

From Ranger, TX; Okmulgee, OK; Neosho, 

MO; Hallsville, MO; INT Hallsville 053° and 

Bradford, IL, 219° radials; to Bradford.

* * * * *

J–187 [New] 

From Memphis, TN; Foristell, MO.

* * * * *

Issued in Washington, DC, on November 

29, 2004. 

Reginald Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–26749 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF LABOR

Occupational Safety and Health 

Administration 

29 CFR Part 1926

[Docket No. H040] 

RIN 1218–0184

Methylenedianiline in Construction; 

Correction

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor.

ACTION: Final rule; correction.

SUMMARY: OSHA is revising the 

regulatory text of the 

Methylenedianiline (MDA) Standard for 

Construction to correct a cross reference 

to OSHA’s standard on emergency 

action plans and fire prevention plans.

DATES: This final rule becomes effective 

January 5, 2005.

FOR FURTHER INFORMATION CONTACT:

George Shaw, Acting Director, OSHA 

Office of Communication, Room N–

3647, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; Telephone: (202) 693–1999.

SUPPLEMENTARY INFORMATION: On 

November 2002, the Agency published 

a final rule entitled ‘‘Exit Routes, 

Emergency Action Plans, and Fire 

Prevention Plans (67 FR 67949).’’ This 

action was taken in part to clarify and 

make consistent provisions regrading 

emergency action plans and fire 

prevention plans in several general 

industry standards. In that final rule, 

OSHA separated the requirements for 

emergency action plans and fire 

protection plans into two separate 

sections, 1910.38 and 1910.39, 

respectively. 

Several general industry health 

standards were revised at that time to 

reflect this change. The general industry 

standard for MDA (29 CFR 1910. 

1050(d)(1)(iii)) was revised to read as 

follows: ‘‘The plan shall specifically 

include provisions for alerting and 

evacuating affected employees as well 

as elements prescribed in 29 CFR 

1910.38 and 29 CFR 1910.39, 

‘Emergency actions plans’ and ‘Fire 

prevention plans,’ respectively.’’ The 

same provision in the MDA Standard for 

Construction (29 CFR 1926.60) was not 

similarly revised at that time. Since the 

Agency intended to revise all health 

standards to reflect this change, OSHA 

is accordingly correcting the MDA 

Construction Standard to make it 

consistent with the revised language in 

the other health standards. In making 

this correction, OSHA maintains the 

safety and health protection provided to 

employees without increasing the 

regulatory burden on employers.

List of Subjects in 29 CFR Part 1926

Chemicals, Construction industry, 

Diving, Electric power, Fire prevention, 

Gases, Government Contracts, 

Hazardous substances. Health records, 

Lead, Motor vehicle safety, Noise 

control, Occupational safety and health, 

Radiation protection. Reporting and 

recordkeeping requirements, Signs and 

symbols.

■ Therefore, OSHA amends 29 CFR part 

1926 as follows:

PART 1926—[CORRECTED]

Subpart D—Occupational Health and 

Environmental Controls

■ 1. The authority citation for part 1926 

subpart D is revised to read as follows:

Authority: Sec. 107, Contract Work Hours 

and Safety Standards Act (40 U.S.C. 333); 

secs. 4, 6, and 8, Occupational Safety and 

Health Act of 1970 (29 U.S.C. 653, 655, 657; 

Secretary of Labor’s Order No. 12–71 (36 FR 

8754), 8–76 (41 FR 25059), 9–83 (48 FR 

35736), 6–96 (62 FR 111), or 5–2002 (67 FR 

65008), as applicable, and 29 CFR part 1911.

■ 2. In § 1926.60, paragraph (e)(1)(iii) is 

revised to read as follows:

§ 1926.60 Methylenedianiline 

(e) * * *

(1) * * *

(iii) The plan shall specifically 

include provisions for alerting and 

evacuating affected employees as well 

as the applicable elements prescribed in 

29 CFR 1910.38 and 29 CFR 1910.39, 

‘‘Emergency action plans’’ and ‘‘Fire 

prevention plans,’’ respectively.

* * * * *

Authority and Signature 

John L. Henshaw, Assistant Secretary 

of Labor for Occupational Safety and 

Health, U.S. Department of Labor, 200 

Constitution Ave., NW., Washington, 

DC 20210, directed the preparation of 

this notice under the authority granted 

by: Sections 4, 6(b), 8(c), and 8(g) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657); section 

107 of the Contract Work Hours and 

Safety Standards Act (the Construction 

Safety Act) (40 U.S.C. 333); section 41, 

the Longshore and Harbor Worker’s 

Compensation Act (33 U.S.C. 941); 

Secretary of Labor’s Order No. 5–2002 

(67 FR 65008); and 29 CFR part 1911.

Signed at Washington, DC, this 18 day of 

November 2004. 

John L. Henshaw, 

Assistant Secretary of Labor.

[FR Doc. 04–26739 Filed 12–3–04; 8:45 am] 

BILLING CODE 4510–26–M

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–04–142] 

Drawbridge Operation Regulations: 

Connecticut River, CT

AGENCY: Coast Guard, DHS.