71756 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

and reserve pool budgets which totaled 

$4,634,800. 

Because the 2004–05 administrative 

budget funded some of the costs 

typically allocated to a reserve budget, 

a direct comparison to 2003–04 

administrative costs would be difficult. 

A comparison of 2004–05 recommended 

administrative expenditures to 

combined 2003–04 administrative and 

reserve pool budget expenditures 

therefore follows: 2004–05 salaries, 

$1,000,000 (2003–04 combined 

budgeted expenditures for salaries was 

$1,000,000); $456,000 for export 

program activities, ($1,246,000); 

$320,000 for compliance activities, 

($320,000); $150,000 for group health 

insurance, ($165,000); $110,000 for rent, 

($106,000); $120,000 for Committee 

member and staff travel, ($120,000); and 

$110,000 for computer software and 

programming, ($107,800).

With anticipated assessable tonnage at 

275,000 tons, sufficient income should 

be generated at the $11.00 per ton 

assessment rate to meet expenses. 

Pursuant to § 989.81(a) of the order, any 

unexpended assessment funds from the 

crop year must be credited or refunded 

to the handlers from whom collected. 

The industry considered an 

alternative assessment rate and budget 

prior to arriving at the $11.00 per ton 

and $3,025,000 administrative budget 

recommendation. The Committee’s 

Audit Subcommittee met on July 1, 

2004, to review preliminary budget 

information. The subcommittee was 

aware that the 2004–05 crop may be 

short and no volume regulation may be 

implemented. The subcommittee thus 

developed two budgets and assessment 

rates to accommodate a scenario with 

volume regulation and another scenario 

with no volume regulation. If volume 

regulation was to be implemented, the 

assessment rate would remain at $8.00 

per ton. If volume regulation was not 

implemented, costs typically allocated 

to a reserve pool budget would be 

absorbed by the administrative budget, 

thus necessitating an increased 

assessment rate to $11.00 per ton. The 

Committee approved these budget and 

assessment recommendations on August 

12, 2004. 

The Committee met again on October 

5, 2004, and determined that volume 

regulation was not warranted for the 

season. This triggered implementation 

of the Committee’s recommendation for 

an administrative budget of $3,025,000 

and assessment rate of $11.00 per ton. 

A review of statistical data on the 

California raisin industry indicates that 

assessment revenue has consistently 

been less than one percent of grower 

revenue in recent years. A grower price 

of a minimum of $1,210 per ton for the 

2004–05 crop raisins has been 

announced by the Raisin Bargaining 

Association. If this price is realized, 

assessment revenue would continue to 

be less than one percent of grower 

revenue in the 2004–05 crop year, even 

with the increased assessment rate. 

Regarding the impact of this action on 

affected entities, this action would 

increase the assessment obligation 

imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs 

would be offset by the benefits derived 

by the operation of the marketing order.

Additionally, the Audit 

Subcommittee and full Committee 

meetings held on July 1, 2004, and 

August 12, 2004, respectively, where 

this action was deliberated were public 

meetings widely publicized throughout 

the California raisin industry. All 

interested persons were invited to 

attend the meetings and participate in 

the industry’s deliberations. Finally, all 

interested persons are invited to submit 

information on the regulatory and 

informational impacts of this action on 

small businesses. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

raisin handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 10-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Ten days is 

deemed appropriate because a final 

decision on increasing the rate as 

proposed should be made as soon as 

possible so the Committee can begin 

billing handlers for assessments at the 

higher rate. The Committee usually 

begins assessment billings in November.

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements.

For the reasons set forth in the 

preamble, 7 CFR part 989 is proposed to 

be amended as follows:

PART 989—RAISINS PRODUCED 

FROM GRAPES GROWN IN 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 989 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 989.347 is revised to read 

as follows:

§ 989.347 Assessment rate. 

On and after August 1, 2004, an 

assessment rate of $11.00 per ton is 

established for assessable raisins 

produced from grapes grown in 

California.

Dated: December 7, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–27162 Filed 12–9–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19237; Airspace 

Docket No. 04–AGL–19] 

Proposed Establishment of Class E 

Airspace; Tracy, MN

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposed to 

establish Class E airspace at Tracy, MN. 

Standard Instrument Approach 

Procedures have been developed for 

Tracy Municipal Airport, Tracy, MN. 

Controlled airspace extending upward 

from 700 feet or more above the surface 

of the earth is needed to contain aircraft 

executing these approaches. This action 

would establish an area of controlled 

airspace for Tracy Municipal Airport.

DATES: Comments must be received on 

or before February 1, 2005.

ADDRESSES: Send comments on the 

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–2004–19237/

Airspace Docket No. 04–AGL–19, 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,

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71757

any comments received, and any final 

disposition in person in the Docket 

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. 

An informal docket may also be 

examined during normal business hours 

at the office of the Regional Air Traffic 

Division, Federal Aviation 

Administration, 2300 East Devon 

Avenue, Des Plaines, Illinois 60018.

FOR FURTHER INFORMATION CONTACT: J. 

Mark Reeves, Central Service Office, 

Airspace Branch, AGL–520, Federal 

Aviation Administration, 2300 East 

Devon Avenue, Des Plaines, Illinois 

60018, telephone (847) 294–7477.

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 document must submit with 

those comments a self-addressed, 

stamped postcard on which the 

following statement is made: 

‘‘Comments to Docket No. FAA–2004–

19237/Airspace Docket No. 04–AGL–

19.’’ The postcard will be date/time 

stamped and returned to the 

commenter. All communications 

received on or before the specified 

closing date for comments will be 

considered before taking action on the 

proposed rule. The proposal contained 

in this action may be changed in light 

of comments received. All comments 

submitted will be available for 

examination in the Rules Docket, FAA, 

Great Lakes Region, Office of the 

Regional Counsel, 2300 East Devon 

Avenue, Des Plaines, Illinois, both 

before and after the closing date for 

comments. A report summarizing each 

substantive public contact with FAA 

personnel concerned with this 

rulemaking will be filed in the docket. 

Availability of NPRML’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 FFA’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 

Independence Avenue, SW., 

Washington, DC 20591, 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 

The FAA is considering an 

amendment to 14 CFR part 71 to 

establish Class E airspace at Tracy, MN, 

for Tracy Municipal Airport. Controlled 

airspace extending upward from 700 

feet or more above the surface of the 

earth is needed to contain aircraft 

executing instrument approach 

procedures. The area would 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 dated 

August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. The Class E designations listed in 

this document would be published 

subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

establishment body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed 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 proposed rule 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).

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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.

2. The incorporation by reference in 

14 CFR 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 areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

AGL MN E5 Tracy, MN [New] 

Tracy Municipal Airport, MN 

(Lat. 44°14′57′′ N., long. 95°36′26′′W.)

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of the Tracy Municipal Airport.

Issued in Des Plaines, Illinois, on 

November 16, 2004. 

Nancy B. Kort, 

Area Director, Central Terminal Operations.

[FR Doc. 04–27093 Filed 12–9–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Parts 1 and 301 

[REG–101282–04] 

RIN 1545–BD06 

Treatment of a Stapled Foreign 

Corporation Under Section 269B and 

367(b); Hearing Cancellation

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking.