Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Proposed Rules 77147

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, 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–

19289/Airspace Docket No. 04–AGL–

20.’’ 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 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 14 CFR part 71 to 

establish Class E airspace at McGregor, 

MN, for McGregor/Isedor Iverson 

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 designation 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.

§ 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 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

AGL MN E5 McGregor, MN [New] 

McGregor/Isedor Iverson Airport, MN 

(Lat. 46°37′08′′ N., long. 93°18′35′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the McGregor/Isedor Iverson 

Airport.

* * * * *

Issued in Des Plaines, Illinois, on 

December 3, 2004. 

Nancy B. Kort, 

Area Director, Central Terminal Operations.

[FR Doc. 04–28232 Filed 12–23–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF HOMELAND 

SECURITY 

33 CFR Part 151 

[USCG–2004–19621] 

RIN 1625–AA89 

Dry Cargo Residue Discharges in the 

Great Lakes

AGENCY: Coast Guard, DHS.

ACTION: Advanced notice of proposed 

rulemaking; request for information. 

SUMMARY: The Coast Guard announces 

that it has begun a rulemaking project 

77148 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Proposed Rules 

for the regulation of non-hazardous and 

non-toxic dry cargo residue discharges 

by vessels operating on the Great Lakes. 

As part of the rulemaking project, the 

Coast Guard will conduct an 

environmental assessment. In order to 

conduct this environmental assessment, 

the Coast Guard intends to determine 

the current status of dry cargo 

operations on the Great Lakes. The 

Coast Guard requests information in 

response to any of these matters.

DATES: All relevant information and 

related material must reach the Docket 

Management Facility on or before March 

28, 2005.

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2004–19621 to the 

Docket Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Web Site: http://dms.dot.gov.

(2) Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Washington, DC 

20590–0001. 

(3) Fax: 202–493–2251. 

(4) Delivery: Room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366–

9329.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Mary Sohlberg, 

U.S. Coast Guard, Environmental 

Standards Division, telephone: 202–

267–0713, e-mail: 

msohlberg@comdt.uscg.mil. If you have 

questions on viewing the docket, call 

Andrea M. Jenkins, Program Manager, 

Docket Operations, telephone: 202–366–

0271.

SUPPLEMENTARY INFORMATION:

Background and Purpose 

In a related non-rulemaking docket 

(USCG–2003–16814), the Coast Guard 

previously published two notices on the 

subject of non-hazardous and non-toxic 

dry cargo residue discharges by vessels 

operating on the Great Lakes (‘‘dry cargo 

discharges’’; see 69 FR 57711, Sep. 27, 

2004; 69 FR 1994, Jan. 13, 2004). At 

present, some incidental dry cargo 

discharges are allowed under the Coast 

Guard?s Interim Enforcement Policy 

(IEP), which the Coast Guard and 

Maritime Transportation Act of 2004 

(‘‘the Act’’) continues until September 

30, 2008. Unless we issue new 

regulations in accordance with the 

rulemaking authority provided by the 

Act, those discharges will be prohibited 

after September 30, 2008. 

The Act requires the Coast Guard to 

begin a regulatory environmental 

assessment not later than November 7, 

2004. We met that requirement on 

September 29, 2004. 

A first step in the environmental 

assessment is to collect and examine 

information on current dry cargo 

residue discharge operations in the 

Great Lakes. We will compare that 

information to the ‘‘Study of Dry Cargo 

Residue in the Great Lakes’’ that we 

compiled in 2000, which is docketed in 

USCG–2003–16814. This will allow us 

to see if the 2000 data are still valid or 

if dry cargo residue discharge operations 

on the Great Lakes have changed, and if 

any trends can be discerned. 

The information we want to collect 

includes what types of vessels engage in 

cargo residue discharge, where they 

discharge, what they discharge, how 

they discharge, and how much they 

discharge. We expect to complete this 

study during the summer of 2005, and 

complete the rulemaking before the IEP 

expires in 2008. Therefore, we ask that 

you provide any relevant information on 

dry cargo residue discharges in the 

Great Lakes (see DATES). 

Once we have collected and reviewed 

information regarding dry cargo residue 

discharges in the Great Lakes, we will 

formulate a proposed regulatory action 

and alternatives for an environmental 

assessment. Under the environmental 

assessment, we presently plan to focus 

primarily on toxicity data to make sure 

any residue discharges we might allow 

are neither hazardous nor toxic, and 

assess the environmental impact of 

allowing some incidental discharges to 

continue. 

Under the National Environmental 

Policy Act, the Coast Guard has initiated 

an environmental assessment in which 

we will consider alternative courses of 

action, including a ‘‘no action’’

alternative, which in this case means 

declining to issue a regulation and 

letting the policy expire, thus 

prohibiting incidental discharges of dry 

cargo residues. Other alternatives might 

include continuing the current policy, 

or modifying it as to the quantities or 

locations of incidental discharges, or 

engineering alternatives. We welcome 

any suggestions you may have on what 

alternatives we should consider. 

We will continue to issue additional 

Federal Register notices to keep you 

informed and to invite your continued 

participation, as we proceed with the 

environmental assessment and 

regulatory processes. 

Request for Information 

We ask that you submit your 

comments, or other relevant 

information, on dry cargo residue 

discharges in the Great Lakes. As 

discussed in ‘‘Background and 

Purpose’’, we are particularly interested 

in information that will help us 

determine what types of vessels perform 

these discharges, where they discharge, 

what they discharge, and how much 

they discharge. We will consider all 

comments and information received 

during the comment period. 

Submissions should include:

• Docket number USCG–2004–19621. 

• Your name and address. 

• Your reasons for making each 

comment or for bringing information to 

our attention.

Submit comments or material using 

only one of the following methods: 

• Electronic submission to the Docket 

Management Facility’s Docket 

Management System (DMS) (http://

dms.dot.gov). 

• Fax, mail, or hand delivery to the 

Docket Management Facility (see

ADDRESSES). Faxed or hand delivered 

submissions must be unbound, no larger 

than 81⁄2 by 11 inches, and suitable for 

copying and electronic scanning. If you 

mail your submission and want to know 

when it reaches the Facility, include a 

stamped, self-addressed postcard or 

envelope. 

Regardless of the method used for 

submitting comments or material, all 

submissions will be posted, without 

change, to the DMS Web site (http://

dms.dot.gov), and will include any 

personal information you provide. 

Therefore, submitting this information 

makes it public. You may wish to read 

the Privacy Act notice that is available 

on the DMS Web site, or the Department 

of Transportation Privacy Act Statement 

that appeared in the Federal Register on 

April 11, 2000 (65 FR 19477). 

You may view docket submissions in 

person, at the Docket Management 

Facility (see ADDRESSES), or 

electronically on the DMS Web site.

Dated: December 13, 2004. 

Joseph J. Angelo, 

Director of Standards, Marine Safety, Security 

& Environmental Protection.

[FR Doc. 04–28227 Filed 12–23–04; 8:45 am] 

BILLING CODE 4910–15–P