Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 74953

under Executive Order 12958, as 

amended, or any predecessor order to 

require protection against unauthorized 

disclosure and that is so designated.

* * * * *

■ 4. In § 25.17, paragraph (a) is revised 

to read as follows:

§ 25.17 Approval for processing applicants 

for access authorization. 

(a) Access authorizations must be 

requested for licensee employees or 

other persons (e.g., 10 CFR part 2, 

subpart I) who need access to classified 

information in connection with 

activities under 10 CFR Parts 50, 52, 54, 

60, 63, 70, 72, or 76.

* * * * *

■ 5. In § 25.37, paragraph (b) is revised 

to read as follows:

§ 25.37 Violations.

* * * * *

(b) National Security Information is 

protected under the requirements and 

sanctions of Executive Order 12958, as 

amended.

PART 95—FACILITY SECURITY 

CLEARANCE AND SAFEGUARDING 

OF NATIONAL SECURITY 

INFORMATION AND RESTRICTED 

DATA

■ 6. The authority for part 95 is revised 

to read as follows:

Authority: Secs. 145, 161, 193, 68 Stat. 

942, 948, as amended (42 U.S.C. 2165, 2201); 

sec. 201, 88 Stat. 1242, as amended (42 

U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note); E.O. 10865, as amended, 

3 CFR 1959–1963 Comp., p. 398 (50 U.S.C. 

401, note); E.O. 12829, 3 CFR, 1993 Comp., 

p.570; E.O. 12958, as amended, 3 CFR, 1995 

Comp., p.333, as amended by E. O. 13292, 3 

CFR, 2004 Comp., p.196; E.O. 12968, 3 CFR, 

1995 Comp., P. 391.

■ 7. Section 95.3 is revised to read as 

follows:

§ 95.3 Scope. 

The regulations in this part apply to 

licensees, certificate holders and others 

who may require access to classified 

National Security Information and/or 

Restricted Data and/or Formerly 

Restricted Data (FRD) that is used, 

processed, stored, reproduced, 

transmitted, transported, or handled in 

connection with a license or certificate 

or an application for a license or 

certificate, or other activities as the 

Commission may determine.

■ 8. In § 95.5, the definitions of License 

and paragraph (2) of Security container 

are revised to read as follows:

§ 95.5 Definitions.

* * * * *

License means a license issued 

pursuant to 10 CFR parts 50, 52, 60, 63, 

70, or 72.

* * * * *

Security container includes any of the 

following repositories:

* * * * *

(2) A safe—burglar-resistive cabinet or 

chest which bears a label of the 

Underwriters’ Laboratories, Inc., 

certifying the unit to be a TL–15, TL–

30, or TRTL–30, and has a body 

fabricated of not less than 1 inch of steel 

and a door fabricated of not less than 

11⁄2 inches of steel exclusive of the 

combination lock and bolt work; or 

bears a Test Certification Label on the 

inside of the door, or is marked 

‘‘General Services Administration 

Approved Security Container’’ and has 

a body of steel at least 1⁄2 inch thick, and 

a combination locked steel door at least 

1 inch thick, exclusive of bolt work and 

locking devices; and an automatic unit 

locking mechanism.

* * * * *

■ 9. Section 95.59 is revised to read as 

follows:

§ 95.59 Inspections. 

The Commission shall make 

inspections and reviews of the premises, 

activities, records and procedures of any 

person subject to the regulations in this 

part as the Commission and CSA deem 

necessary to effect the purposes of the 

Act, E.O. 12958, as amended, and/or 

NRC rules.

Dated at Rockville, Maryland, this 30th day 

of November, 2004.

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–27405 Filed 12–14–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19405; Airspace 

Docket No. 2004–ASW–14] 

Modification to Class E Airspace; 

Mena, AR

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action revises the Class 

E airspace area at Mena Intermountain 

Municipal Airport, Mena, AR (M39) to 

provide adequate controlled airspace for 

the redesigned Non-Directional Beacon 

(NDB) and the new Instrument Landing 

System (ILS) and Localizer (LOC) SIAPs.

DATES: Effective 0901 UTC, March 17, 

2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 30, 2004.

ADDRESSES: Send comments on the rule 

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–

19405/Airspace Docket No. 2004–ASW–

14, at the beginning of your comments. 

You may also submit comments on the 

Internet at http://dms.dot.gov. Anyone 

can find and read the comments 

received in this docket, including the 

name, address and any other personal 

information placed in the docket by a 

commenter. You may review the public 

docket containing any comments 

received and this direct final rule in 

person at 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 located on the plaza level of the 

Department of Transportation NASSIF 

Building at the street address stated 

previously. 

An informal docket may also be 

examined during normal business hours 

at the office of the Air Traffic Division, 

Airspace Branch, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Boulevard, Fort Worth, TX. 

Call the manager, Airspace Branch, 

ASW–520, telephone (817) 222–5520; 

fax (817) 222–5981, to make 

arrangements for your visit.

FOR FURTHER INFORMATION CONTACT:

Joseph R. Yadouga, Air Traffic Division, 

Airspace Branch, Federal Aviation 

Administration, Southwest Region, Fort 

Worth, TX 76193–0520; telephone: (817) 

222–5597.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR Part 71 modifies 

the Class E airspace area extending 

upward from 700 feet above the surface 

of Mena, AR and will be 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 Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in an adverse 

or negative comment, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

74954 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

to keep them operationally current. 

Unless a written adverse or negative 

comment, or a written notice of intent 

to submit an adverse or negative 

comment is received within the 

comment period, the regulation will 

become effective on the date specified. 

After the close of the comment period, 

the FAA will publish a document in the 

Federal Register indicating that no 

adverse or negative comments were 

received and confirming the date on 

which the final rule will become 

effective. If the FAA does receive, 

within the comment period, an adverse 

or negative comment, or written notice 

of an intent to submit such a comment, 

a document withdrawing the direct final 

rule will be published in the Federal 

Register, and a notice of proposed 

rulemaking may be published with a 

new comment period.

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

must identify both docket numbers. All 

communications received on or before 

the closing date for comments will be 

considered, and this rule may be 

amended or withdrawn in light of the 

comments received. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket. 

Agency Findings 

This rule does not have federalism 

implications, as defined in Executive 

Order No. 13132, because it does not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Accordingly, the 

FAA has not consulted with state 

authorities prior to publication of this 

rule. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed, I 

certify that 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 these routine matters will 

only affect air traffic procedures and air 

navigation. I certify that this 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).

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me, the Federal Aviation 

Administration amends part 71 of the 

Federal Aviation Regulations (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.

§ 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 

amended as follows:

Paragraph 605 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ASW AR E5 Mena, AR [Revised] 

Mena Intermountain Municipal Airport, AR 

La. 34°32′43′′ N, Long, 94°12′09′′ W 

Mena RBN (VMU) 

La. 34°32′21′′ N, Long. 94°04′23′′ W 

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of the Mena Intermountain Municipal 

Airport, Mena, AR and within 4 miles south 

and 8 miles north of the 086° radial from the 

Mena RBN extending from 6.9-mile radius to 

16 miles east of the RBN and within 2 miles 

each side of the 001° bearing from the airport 

extending from the 6.9-mile radius to 12.6 

miles north of the airport.

* * * * *

Issued in Forth Worth, TX, on December 8, 

2004. 

Herman J. Lyons, Jr. 

Area Director, Central En Route and Oceanic 

Operations.

[FR Doc. 04–27459 Filed 12–14–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19406; Airspace 

Docket No. 2004–ASW–15] 

Establishment to Class E Airspace; 

Melbourne, AR

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes the 

Class E airspace area at Melbourne 

Muni—John E Miller Field, Melbourne, 

AR (42A) to provide adequate controlled 

airspace for the area navigation (RNAV) 

global positioning system (GPS) 

standard instrument approach 

procedure (SIAP).

DATES: Effective 0901 UTC, March 17, 

2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 30, 2004.

ADDRESSES: Send comments on the rule 

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–

19406/Airspace Docket No. 2004–ASW–

15, at the beginning of your comments. 

You may also submit comments on the 

Internet at http://dms.dot.gov. Anyone 

can find and read the comments 

received in this docket, including the 

name, address and any other personal 

information placed in the docket by a 

commenter. You may review the public 

docket containing any comments 

received and this direct final rule in 

person at 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 located on the plaza level of the 

Department of Transportation NASSIF 

Building at the street address stated 

previously. 

An informal docket may also be 

examined during normal business hours