70542 Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19326; Airspace 

Docket No. 04–ACE–55] 

Modification of Class E Airspace; 

Oberlin, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Oberlin, KS.

DATES: Effective Date: 0901 UTC, 

January 20, 2005.

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: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on October 26, 2004 (69 FR 

62404). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

January 20, 2005. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date.

Issued in Kansas City, MO on November 

26, 2004. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–26849 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19671; Airspace 

Docket No. 04–AWA–07] 

RIN 2120–AA66

Modification of Control Areas 1143L 

and 1146L

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises the legal 

descriptions of Control Areas 1143L and 

1146L to remove references to the 

Nantucket, MA, Nondirectional Beacon 

(NDB), which has been taken out of 

service and decommissioned by the 

FAA. The legal descriptions are being 

revised to use a geographical point 

based on latitude/longitude coordinates 

in place of the former NDB references. 

This action will enhance safety by 

removing references to a 

decommissioned navigational aid from 

controlled airspace descriptions.

EFFECTIVE DATES: 0901 UTC, March 17, 

2005.

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules, System 

Operations and Safety, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION: 

Background 

Control areas are Class E airspace 

areas that provide controlled airspace 

(beyond 12 nautical miles from the coast 

of the United States) where there is a 

requirement to provide IFR en route air 

traffic control (ATC) services and within 

which the United States is applying 

domestic ATC procedures. ControlAreas 

1143L and 1146L are located offshore to 

the east of Cape Cod, Massachusetts. 

On June 17, 2004, the FAA’s New 

England Regional Office requested that 

action be taken to modify the legal 

descriptions of Control Areas 1143L and 

1146L to remove references to the 

Nantucket, MA, NDB. The NDB has 

been removed from service and 

decommissioned by the FAA, therefore, 

it can no longer be used in legal 

descriptions. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 

(part 71) by revising the legal 

descriptions of Control Areas 1143L and 

1146L to remove references to the 

Nantucket, MA, NDB which has been 

removed from service. This 

modification substitutes the latitude/

longitude coordinates of the former 

geographic position of the Nantucket 

NDB (lat. 40°16′07′′ N., long. 70°10′48′′

W.) in place of all references to the NDB 

in the two Control Area descriptions. 

This modification, therefore, simply 

changes the means of identifying points 

in the legal descriptions without 

altering the actual boundaries or 

altitudes of control areas. Further, this 

change will enhance safety by removing 

from the descriptions a navigation aid 

that is no longer available for pilots’ use 

in navigation. 

Because this action is an 

administrative change that does not 

alter the existing boundaries or altitudes 

of the Control Areas, and is needed for 

safety reasons, I find that notice and 

public procedure under 5 U.S.C. 553(b) 

are impracticable and contrary to the 

public interest. 

Control Areas are published in 

paragraph 6007, 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 Control Areas 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 Department of 

Transportation (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 FAA 

Order 1050.1E, Policies and Procedures 

for Considering Environmental Impacts. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment.

Federal Register / Vol. 69, No. 234 / Tuesday, December 7, 2004 / Rules and Regulations 70543

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of 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 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 6007 Offshore airspace areas.

* * * * *

Control 1143L [Revised] 

That airspace extending upward from 

5,500 feet MSL within tangent lines drawn 

from the circumference of a 4.3-mile radius 

circle centered on lat. 41°16′07′′ N., long. 

70°10′48′′ W., to a 13-mile radius circle 

centered at the midway point on a direct line 

between lat. 41°16′07′′ N., long. 70°10′48′′ W., 

and the Yarmouth, NS, Canada, NDB to a 4.3-

mile radius circle centered on the Yarmouth 

NDB excluding that airspace within the 

confines of Federal airways and east of long. 

67°00′00′′ W.

* * * * *

Control 1146L [Revised] 

That airspace extending upward from 

5,500 feet MSL within a 5-mile radius circle 

centered on lat. 41°16′07′′ N., long. 70°10′48′′

W., and that airspace bounded by a line 

drawn from the tangent of the 5-mile radius 

circle centered on lat. 41°16′07′′ N., long. 

70°10′48′′ W., to lat. 42°05′20′′ N., long. 

67°59′58′′ W.; to lat. 42°19′00′′ N., long. 

67°59′58′′ W.; to lat. 43°00′00′′ N., long. 

67°00′00′′ W.; to lat. 41°52′00′′ N., long. 

67°00′00′′ W.; to lat. 41°46′00′′ N., long. 

67°59′58′′ W.; to the tangent of the 5-mile 

radius circle centered on lat. 41°16′07′′ N., 

long. 70°10′48′′ W.

* * * * *

Issued in Washington, DC, on December 1, 

2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–26845 Filed 12–6–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Economic Analysis 

15 CFR Part 806

[Docket No. 040907254–4254–01] 

RIN 0691–AA52

Direct Investment Surveys: BE–10, 

Benchmark Survey of U.S. Direct 

Investment Abroad—2004

AGENCY: Bureau of Economic Analysis, 

Commerce

ACTION: Final rule.

SUMMARY: This final rule amends 

regulations for the BE–10, Benchmark 

Survey of U.S. Direct Investment 

Abroad. 

The BE–10 survey is conducted once 

every five years by the Bureau of 

Economic Analysis (BEA), U.S. 

Department of Commerce, under the 

International Investment and Trade in 

Services Survey Act. The benchmark 

survey will be conducted for 2004. The 

benchmark survey covers virtually the 

entire universe of U.S. direct investment 

abroad in terms of value, and is BEA’s 

most comprehensive survey of such 

investment in terms of subject matter. It 

obtains universe data on financial and 

operating characteristics of, and on 

positions and transactions between, U.S. 

parent companies and their foreign 

affiliates. The data are needed to 

measure the size and economic 

significance of U.S. direct investment 

abroad, measure changes in such 

investment, and assess its impact on the 

U.S. and foreign economies. 

The final rule: Increases the 

exemption level for reporting on the 

BE–10B(SF) short form from $7 million 

to $25 million and on the BE–10B Bank 

form from $7 million to $10 million; 

increases the exemption level for 

reporting on the BE–10B(LF) long form 

from $100 million to $150 million; and 

increases the exemption level for 

reporting only selected items on the BE–

10A form from $100 million to $150 

million. In conjunction with these 

increases in exemption levels, BEA is 

introducing an abbreviated short form, 

Form BE–10B Mini, for reporting 

nonbank foreign affiliates with assets, 

sales or gross operating revenues, and 

net income (loss) less than or equal to 

$25 million but greater than $10 

million.

DATES: This final rule will be effective 

January 6, 2005.

FOR FURTHER INFORMATION CONTACT: Obie 

G. Whichard, Chief, International 

Investment Division (BE–50), Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

phone (202) 606–9890 or e-mail 

(obie.whichard@bea.gov).

SUPPLEMENTARY INFORMATION: In the 

August 17, 2004, Federal Register, 69 

FR 51020–51024, BEA published a 

notice of proposed rulemaking setting 

forth revised reporting requirements for 

the BE–10, Benchmark Survey of U.S. 

Direct Investment Abroad. No 

comments on the proposed rule were 

received. Thus, the proposed rule is 

adopted without change. 

This final rule amends 15 CFR 806.16 

to set forth the reporting requirements 

for the BE–10, Benchmark Survey of 

U.S. Direct Investment Abroad—2004. 

Description of Changes 

The BE–10, Benchmark Survey of U.S. 

Direct Investment Abroad, is a 

mandatory survey and is conducted 

once every 5 years by BEA, under the 

International Investment and Trade in 

Services Survey Act (22 U.S.C. 3101–

3108), hereinafter, ‘‘the Act.’’ BEA will 

send the survey to potential respondents 

in March 2005; responses will be due by 

May 31, 2005, for respondents required 

to file fewer than 50 foreign affiliate 

report forms and by June 30, 2005 for 

those required to file 50 or more forms. 

This final rule: (1) Increases the 

exemption level for reporting on the 

BE–10B(SF) short form from $7 million 

to $25 million and on the BE–10B Bank 

form from $7 million to $10 million; (2) 

increases the exemption level for 

reporting on the BE–10B(LF) long form 

from $100 million to $150 million; and 

(3) increases the exemption level for 

reporting only selected items on the BE–

10A form from $100 million to $150 

million. In conjunction with these 

increases in exemption levels, an 

abbreviated short form is introduced for 

reporting nonbank foreign affiliates with 

assets, sales or gross operating revenues, 

and net income (loss) less than or equal 

to $25 million but with at least one of 

these items greater than $10 million. 

In addition to the changes in the 

reporting criteria mentioned above, BEA 

will expand reporting requirements on 

the BE–10B(SF) so that certain items 

that previously had been reportable only 

for majority-owned affiliates with assets, 

sales or gross operating revenues, or net 

income (loss) over $50 million will now 

be reportable for all majority-owned 

affiliates being filed on the BE–10B(SF). 

BEA will add questions to the BE–

10A form and BE–10B(LF) long form to 

collect detail on: (1) The broad 

occupational structure of employment; 

(2) premiums earned and claims paid 

for U.S. Reporters and foreign affiliates 

operating in the insurance industry; (3)