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. 

71758 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

concerning the definition and tax 

treatment of a stapled foreign 

corporation, which generally is treated 

for tax purposes as a domestic 

corporation under section 269B of the 

Internal Revenue Code.

DATES: The public hearing originally 

scheduled for December 15, 2004 at 10 

a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT:

LaNita Van Dyke of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedures and Administration), at 

(202) 622–7180 (not a toll-free number).

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Tuesday, September 

7, 2004, (69 FR 54067), announced that 

a public hearing was scheduled for 

December 15, 2004, at 10 a.m., in the 

IRS Auditorium, Internal Revenue 

Service Building, 1111 Constitution 

Avenue, NW., Washington, DC. The 

subject of the public hearing is under 

section 269B of the Internal Revenue 

Code. 

The public comment period for these 

regulations expired on December 6, 

2004. The notice of proposed 

rulemaking and notice of public 

hearing, instructed those interested in 

testifying at the public hearing to submit 

a request to speak and an outline of the 

topics to be addressed. As of Tuesday, 

December 7, 2004, no one has requested 

to speak. Therefore, the public hearing 

scheduled for December 15, 2004, is 

cancelled.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–27160 Filed 12–7–04; 3:13 pm] 

BILLING CODE 4830–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 110 and 165 

[CGD07–04–090] 

RIN 1625–AA11, 1625–AA87, 1625–AA01 

Regulated Navigation Areas, Security 

Zones, and Temporary Anchorage 

Areas; St. Johns River, Jacksonville, 

FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a series of temporary regulated 

navigation areas, security zones and 

temporary anchorage areas on the St. 

Johns River, Jacksonville, FL, from 

Winter Point to the Intracoastal 

Waterway, for Super Bowl XXXIX 

activities and events. The river will be 

divided into two regulated navigation 

areas and four security zones in order to 

provide increased layered security in 

close proximity to the downtown area of 

the river. Additionally, the size of 

existing fixed security zones around 

docked cruise ships will be increased. 

Existing anchorage grounds will be 

modified and temporary anchorages will 

be added to accommodate the vessel 

traffic expected during the Super Bowl 

events. The regulated navigation areas, 

security zones and temporary 

anchorages are necessary to protect 

national security interests and the safety 

of navigation during Super Bowl events. 

These areas will be enforced at various 

designated time periods beginning 

February 2, 2005, through February 7, 

2005. Entry into the security zones will 

be prohibited to all persons and vessels 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville or his 

designated representatives.

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 10, 2005.

ADDRESSES: You may mail comments 

and related material to Coast Guard 

Marine Safety Office Jacksonville, 7820 

Arlington Expressway, Suite 400, 

Jacksonville, FL, 32211. Coast Guard 

Marine Safety Office Jacksonville 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

Coast Guard Marine Safety Office 

Jacksonville, 7820 Arlington 

Expressway, Suite 400, Jacksonville, FL, 

32211, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant James Tedtaotao at Coast 

Guard Marine Safety Office Jacksonville, 

FL, tel: (904) 232–2640 ext 111.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD07–04–090), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that your submission reached 

us, please enclose a stamped, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period. 

We may change this proposed rule in 

view of them. 

If, as we anticipate we make this 

temporary final rule effective less than 

30 days after publication in the Federal 

Register, we will explain in that 

publication, as required by 5 U.S.C. 

(d)(3), our good cause for doing so. 

Public Meeting 

We do not plan to hold a public 

meeting. The United States Coast Guard, 

along with other state and federal law 

enforcement agencies, has conducted 

numerous outreach meetings with port 

users and the affected maritime 

community regarding port restrictions. 

However, you may submit a request for 

a meeting by writing to Coast Guard 

Marine Safety Office Jacksonville at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a separate 

notice in the Federal Register. 

Background and Purpose 

In light of terrorist attacks on New 

York City and the Pentagon in 

Arlington, VA, on September 11, 2001, 

and the continuing concern for future 

terrorist and or subversive acts against 

the United States, especially at high 

visibility events where a large number 

of persons are likely to congregate, the 

Coast Guard proposes to establish 

temporary regulated navigation areas 

and security zones in certain waters of 

the St. Johns River. 

The Super Bowl is a sporting event, 

hosted each year in a different city in 

the United States, sponsored by the 

National Football League (NFL). Super 

Bowl XXXIX will be held in 

Jacksonville, FL, on Sunday, February 6, 

2005, at ALLTEL Stadium. Security 

measures for Super Bowl XXXIX and 

the events preceding it, including 

temporary regulated navigation areas, 

security zones and anchorages proposed 

herein, are necessary from February 2, 

2005, to February 7, 2005, and are 

needed to safeguard the maritime 

transportation infrastructure, the public, 

and designated participants from 

potential acts of violence or terrorism 

during Super Bowl XXXIX activities.