This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

76421

Vol. 69, No. 244

Tuesday, December 21, 2004

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19414; Airspace 

Docket No. 04–AAL–16] 

Proposed Establishment of Class E 

Airspace; Angoon, AK

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to 

establish new Class E airspace at 

Angoon, AK. There is no existing Class 

E airspace to contain aircraft executing 

instrument approaches at Angoon 

Seaplane Base. Adoption of this 

proposal would result in the 

establishment of Class E airspace 

upward from 700 feet (ft.) above the 

surface at Angoon, AK.

DATES: Comments must be received on 

or before February 4,2005.

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–2004–19414/

Airspace Docket No. 04–AAL–16, 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 Manager, Safety, 

Alaska Flight Services Operations, 

Federal Aviation Administration, 222 

West 7th Avenue, Box 14, Anchorage, 

AK 99513–7587.

FOR FURTHER INFORMATION CONTACT:

Jesse Patterson, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5898; fax: (907) 271–2850; e-mail: 

Jesse.CTR.Patterson@faa.gov. Internet 

address: http://www.alaska.faa.gov/at.

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 notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–19414/Airspace 

Docket No. 04–AAL–16.’’ 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 notice may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket 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 Notice of Proposed 

Rulemaking’s (NPRM’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 FAA’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 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 

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 the Code of Federal 

Regulations (14 CFR part 71), which 

would establish new Class E airspace at 

Angoon, AK. The intended effect of this 

proposal is to establish Class E airspace 

upward from 700 ft. above the surface 

to contain Instrument Flight Rules (IFR) 

operations at Angoon, AK. 

The Special Instrument Flight 

Procedures developed for the Angoon 

Seaplane Base currently are not 

contained in Class E airspace. The FAA 

is proposing to establish Class E 

airspace at Angoon, AK, which would 

be sufficient to contain aircraft 

executing instrument procedures. New 

Class E controlled airspace extending 

upward from 700 ft. above the surface 

within the Angoon Seaplane Base area 

would be created by this action. 

The area would be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1200 foot transition areas are 

published in paragraph 6005 in FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations 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. It, 

therefore —(1) is not a ‘‘significant 

regulatory action’’ under Executive 

76422 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Proposed Rules 

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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, 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 1, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

prescribing regulations to ensure the 

safe and efficient use of the navigable 

airspace. This regulation is within the 

scope of that authority because in 

proposes to create Class E airspace 

sufficient to contain aircraft executing 

instrument approaches at Angoon 

Seaplane Base and represents the FAA’s 

continuing effort to safely and 

efficiently use the navigable airspace.

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— 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 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, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is to be 

amended as follows:

* * * * *

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 Angoon, AK [New] 

Angoon Seaplane Base, AK. 

(Lat. 57°30′13′′ N., long. 134°35′07′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of the Angoon Seaplane Base.

* * * * *

Issued in Anchorage, AK, on December 10, 

2004. 

Anthony M. Wylie, 

Acting Area Director, Alaska Flight Services 

Area Office.

[FR Doc. 04–27825 Filed 12–20–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[REG–149519–03] 

RIN 1545–BC63

Section 707 Regarding Disguised 

Sales, Generally; Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correction to notice of proposed 

rulemaking and notice of public 

hearing. 

SUMMARY: This document contains a 

correction to proposed regulations 

which were published in the Federal 

Register on Friday, November 26, 2004 

(69 FR 68838). The proposed regulations 

relates to the treatment of transactions 

between a partnership and its partners 

as disguised sales of partnership 

interests between the partners.

FOR FURTHER INFORMATION CONTACT:

Deane M. Burke or Christopher L. 

Trump, (202) 622–3070 (not a toll-free 

number).

SUPPLEMENTARY INFORMATION: 

Background 

The proposed regulations that is the 

subject of this correction is under 

section 707(a)(2)(B) of the Internal 

Revenue Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of public hearing 

contain an error that may prove to be 

misleading and is in need of 

clarification. 

Correction to Publication 

Accordingly, the publication of the 

proposed regulations (REG–149519–03), 

which was the subject of FR Doc. 04–

26112, is corrected as follows: 

On page 68843, column 3, in the 

preamble under the paragraph heading, 

‘‘Review of Existing Regulations’’, line 

5, the language ‘‘§§ 1.707–3, 1.707–4, 

and 1.707–5.’’ is corrected to read 

‘‘§§ 1.707–3, 1.707–4, 1.707–5 and 

1.707–6.’’.

Cynthia E. Grigsby, 

Acting Chief, Regulations and Publications 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration).

[FR Doc. 04–27913 Filed 12–20–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Parts 1 and 31

[REG–155608–02] 

RIN 1545–BB64

Revised Regulations Concerning 

Section 403(b) Tax-Sheltered Annuity 

Contracts; Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correction to notice of proposed 

rulemaking and notice of proposed 

rulemaking by cross-reference to 

temporary regulations. 

SUMMARY: This document corrects a 

notice of proposed rulemaking and 

notice of proposed rulemaking by crossreference to temporary regulations 

(REG–155608–02) that was published in 

the Federal Register on Tuesday, 

November 16, 2004 (69 FR 67075). The 

proposed regulations provide updated 

guidance on section 403(b) contracts of 

public schools and tax-exempt 

organizations described in section 

501(c)(3).

FOR FURTHER INFORMATION CONTACT: R. 

Lisa Mojiri-Azad or JohnTolleris at (202) 

622–6060 (not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of proposed rulemaking by 

cross reference to temporary regulations 

(REG–155608–02) that is the subject of 

this correction are under sections 403(b) 

of the Internal Revenue Code, and under 

related provisions of sections 402(b), 

402(g), 414(c), and 3121(a)(5)(D). 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of proposed 

rulemaking by cross reference to