Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 75491

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1693 Comp., p. 389.

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR part 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.

* * * * *

ANM OR E5 Burns, OR [Revised] 

Burns Municipal Airport, Burns, OR 

(Lat. 43°35′32′′ N., long. 118°57′18′′ W.) 

Wildhorse VOR/DME 

(Lat. 43°35′35′′ N., long. 118°57′18′′ W.)

That airspace extending upward from 700 

feet above the surface of the earth within 10.9 

miles northeast and 10.1 miles southwest of 

the 141° and 321° radials of the Wildhorse 

VOR/DME extending from 9.6 miles 

southeast to 9.2 miles northwest of the VOR/

DME; that airspace extending upward from 

1,200 feet above the surface of the earth 

within 10.9 miles northeast and 16.0 miles 

southwest of the 141° and 321° radials of the 

Wildhorse VOR/DME extending from 20.1 

miles southeast to 9.2 miles northwest of the 

VOR/DME.

* * * * *

Issued in Seattle, Washington, on 

November 26, 2004. 

Suzanne Alexander, 

Acting Area Director, Western En Route and 

Oceanic Operations.

[FR Doc. 04–27687 Filed 12–16–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No.FAA–2004–19458; Airspace 

Docket No. 04–AEA–11] 

Proposed Establishment of Class E 

Airspace; Mifflintown, PA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to 

establish Class E airspace area at 

Mifflintown, PA. The development of a 

Standard Instrument Approach 

Procedure (SIAP) based on area 

navigation (RNAV) to serve flights into 

Mifflintown Airport, Mifflintown, PA 

under Instrument Flight Rules (IFR) has 

made this proposal necessary. 

Controlled airspace extending upward 

from 700 feet Above Ground Level 

(AGL) is needed to contain aircraft 

executing the approach. The area would 

be depicted on aeronautical charts for 

pilot reference.

DATES: Comments must be received on 

or before January 18, 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–2004–19458/

Airspace Docket No. 04–AEA–11 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. 

An informal docket may also be 

examined during normal business hours 

at the office of the Regional Air Traffic 

Division, Federal Aviation 

Administration, Eastern Region, 1 

Aviation Plaza, Jamaica, NY 11434–

4809.

FOR FURTHER INFORMATION CONTACT: Mr. 

Francis T. Jordan, Jr., Airspace 

Specialist, Airspace Branch, AEA–520, 

Eastern Region, 1 Aviation Plaza, 

Jamaica, NY 11434–4809, telephone 

(718) 553–4521.

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, 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–

19458/Airspace Docket No. 04–AEA–

11.’’ The postcard will be date/time 

stamped and returned to the 

commenter. 

Availability of NPRMs 

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 Documents 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, 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 

NPRMs 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 Part 71 of the Federal 

Aviation Regulations (14 CFR Part 71) to 

establish Class E airspace area at 

Mifflintown, PA. The development of a 

SIAP to serve flights operating IFR into 

Mifflintown Airport makes this action 

necessary. Controlled airspace 

extending upward from 700 feet AGL is 

needed to accommodate aircraft using 

the SIAP. Class E airspace designations 

for airspace areas extending upward 

from 700 feet or more above the surface 

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 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. 

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 would only affect air 

traffic procedures and air navigation, it 

is certified that this proposed rule

75492 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Proposed Rules 

would not have 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 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows:

PART 71—[AMENDED] 

1. The authority citation for 14 CFR 

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, dated 

August 30, 2004, and effective 

September 16, 2004, is proposed to be 

amended as follows:

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

AEA PA E5 Mifflintown, PA (NEW) 

Mifflintown Airport, Mifflintown, PA 

(Lat. 40°36′04′′ N., long. 77°24′18′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Mifflintown Airport, excluding the portion 

that coincides with the Reedsville, PA, Class 

E airspace area.

* * * * *

Issued in Jamaica, New York, on December 

10, 2004. 

John G. McCartney, 

Staff Manager of Eastern Terminal Area 

Operations.

[FR Doc. 04–27688 Filed 12–16–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[REG–129709–03] 

RIN 1545–BC34 

Prohibited Allocations of Securities in 

an S Corporation

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations and notice of public hearing. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS is issuing temporary 

regulations that provide guidance on the 

definition and effects of a prohibited 

allocation under section 409(p), 

identification of disqualified persons 

and determination of a nonallocation 

year, calculation of synthetic equity 

under section 409(p)(5), and standards 

for determining whether a transaction is 

an avoidance or evasion of section 

409(p). These proposed regulations 

would generally affect plan sponsors of, 

and participants in, ESOPs holding 

stock of Subchapter S corporations. The 

text of those temporary regulations also 

serves as the text of these proposed 

regulations. This document also 

provides notice of a public hearing on 

these proposed regulations.

DATES: Written or electronic comments 

must be received by March 17, 2005. 

Requests to speak (with outlines of oral 

comments to be discussed) at the public 

hearing scheduled for April 20, 2005, at 

10 a.m. must be received by March 14, 

2005.

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–129709–03), Room 

5203, Internal Revenue Service, POB 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to: CC:PA:LPD:PR (REG–129709–03), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC. Alternatively, 

taxpayers may submit comments 

electronically via the IRS Internet site at 

http://www.irs.gov/regs or the Federal 

eRulemaking Portal at http://

www.regulations.gov (indicate IRS and 

REG–129703–03).

FOR FURTHER INFORMATION CONTACT:

Concerning the proposed regulations, 

John Ricotta at (202) 622–6060; 

concerning submissions of comments, 

contact Guy Traynor at (202) 622–7180 

(not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background 

Temporary regulations in the Rules 

and Regulations portion of this issue of 

the Federal Register amend the Income 

Tax Regulations (26 CFR part 1) relating 

to section 409(p). The temporary 

regulations contain rules relating to the 

definition and effects of a prohibited 

allocation under section 409(p), 

identification of disqualified persons 

and determination of a nonallocation 

year, calculation of synthetic equity 

under section 409(p)(5), and standards 

for determining whether a transaction is 

an avoidance or evasion of section 

409(p). The text of those temporary 

regulations also serves as the text of 

these proposed regulations. The 

preamble to the temporary regulations 

explains the temporary regulations.

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

also has been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations. Because § 1.409(p)–

1 imposes no new collection of 

information on small entities, a 

Regulatory Flexibility Analysis under 

the Regulatory Flexibility Act (5 U.S.C. 

chapter 6) is not required. Pursuant to 

section 7805(f) of the Internal Revenue 

Code, this notice of proposed 

rulemaking will be submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and 8 copies) 

or electronic comments that are 

submitted timely to the IRS. All 

comments will be available for public 

inspection and copying. 

A public hearing has been scheduled 

for April 20, 2005, at 10 a.m. in the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue NW., 

Washington, DC. All visitors must 

present photo identification to enter the 

building. Because of access restrictions, 

visitors will not be admitted beyond the 

immediate entrance area more than 30 

minutes before the hearing starts at the 

Constitution Avenue entrance. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this 

preamble. 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments at the hearing 

must submit written comments and an 

outline of the topics to be discussed and 

the time to be devoted to each topic 

(signed original and eight (8) copies) by 

March 14, 2005. A period of 10 minutes 

will be allotted to each person for 

making comments. An agenda showing 

the scheduling of the speakers will be 

prepared after the deadline for receiving 

outlines has passed. Copies of the 

agenda will be available free of charge 

at the hearing.