3616 Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Rules and Regulations 

surface of the earth is needed to contain 

aircraft executing instrument approach 

procedures to Lawrence Municipal 

Airport. Weather observations will be 

provided by an Automated Surface 

Observing System (ASOS) and 

communications will be direct with 

Kansas City Air Route Traffic Control 

Center. The area will be depicted on 

appropriate aeronautical charts. 

Class E airspace areas designated as 

surface areas are published in Paragraph 

6002 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 will 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 

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.

This rules is promulgated under the 

authority described in subtitle VII, part 

A, subpart I, section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient user 

of airspace. This regulation is within the 

scope of that authority since it contains 

aircraft executing instrument approach 

procedures to Lawrence Municipal 

Airport.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (Air).

Adoption of the Amendment

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

Paragraph 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE KS E2 Lawrence, KS 

Lawrence Municipal Airport, KS 

(Lat. 39°00′40′′ N., long. 95°13′00′′ W.)

Within a 4-mile radius of Lawrence 

Municipal Airport and within 1.2 miles each 

side of the 333° bearing from the airport 

extending from the 4-mile radius to 4.2 miles 

northwest of the airport.

* * * * *

Issued in Kansas City, MO, on January 11, 

2005. 

Donna R. McCord, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 05–1408 Filed 1–25–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19334; Airspace 

Docket No. 04–ACE–63] 

Modification of Class E Airspace; 

Sedalia, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments; correction. 

SUMMARY: This action corrects a direct 

final rule; request for comments that 

was published in the Federal Register

on Friday, October 29, 2004, (69 FR 

63056) (FR Doc. 04–24259). It corrects 

errors in the legal description of the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Sedelia, MO.

DATES: The direct final rule is effective 

on 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: 

History 

Federal Register document 04–24259, 

published on Friday, October 29, 2004 

(69 FR 63056), modified the Class E 

airspace area extending upward from 

700 feet above the surface at Sedalia, 

MO. The modification expanded the 

airspace area for diverse departures and 

modified or deleted extensions to the 

airspace area to provide controlled 

airspace of appropriate dimensions for 

aircraft executing instrument approach 

procedures to Sedalia Memorial Airport. 

The Sedalia Memorial Airport airport 

reference point (ARP) is used in the 

airspace legal description. However, 

publication of a revised Sedalia 

Memorial Airport ARP in the National 

Flight Data Digest on January 6, 2005, 

requires a further revision to the 

Sedalia, MO Class E airspace area. 

Accordingly, pursuant to the 

authority delegated to me, the legal 

description of the Class E airspace area 

extending upward from 700 feet above 

the surface at Sedalia, MO, as published 

in the Federal Register on Friday, 

October 29, 2004, (69 FR 63056) (FR 

Doc. 04–24259) is corrected as follows:

§ 71.1 [Corrected]

■ On page 63057, Column 3, fifth 

paragraph, third line, change ‘‘(Lat. 

38°42′25′′; N., long. 93°10′34′′ W.)’’ to 

read: ‘‘(Lat. 38°42′27′′; N., long. 

93°10′33′′ W.)’’

Issued in Kansas City, MO, on January 11, 

2005. 

Donna R. McCord, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 05–1420 Filed 1–25–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Fiscal Service 

31 CFR Part 285 

RIN 1510–AA78 

Offset of Tax Refund Payments To 

Collect State Income Tax Obligations

AGENCY: Financial Management Service, 

Fiscal Service, Treasury.

ACTION: Final rule.

Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Rules and Regulations 3617

SUMMARY: Under provisions of the 

Internal Revenue Service Restructuring 

and Reform Act of 1998, the Federal tax 

refund of a taxpayer who owes a pastdue, legally enforceable State income 

tax obligation may be reduced, or offset, 

by the amount owed by the taxpayer. 

The funds offset from the taxpayer’s 

Federal tax refund are forwarded to the 

State that reported the past-due State 

income tax obligation. On December 20, 

1999, the U.S. Department of the 

Treasury’s Financial Management 

Service (FMS) published a notice of 

proposed rulemaking in the Federal 

Register by cross-reference to an interim 

rule published in the Federal Register

on the same day. This final rule adopts 

the interim rule without change.

DATES: This rule is effective January 26, 

2005.

FOR FURTHER INFORMATION CONTACT:

Gerry Isenberg, Financial Program 

Specialist, at (202) 874–6660; Ellen 

Neubauer or Ronda Kent, Senior 

Attorneys, at (202) 874–6680. A copy of 

this final rule is being made available 

for downloading from the Financial 

Management Service Web site at the 

following address: http://

www.fms.treas.gov/debt.

SUPPLEMENTARY INFORMATION: 

Background 

The Internal Revenue Code authorizes 

the Secretary of the Treasury to offset 

Federal tax refund payments to satisfy 

debts owed to the United States and to 

collect past-due support for States. 

Under the Internal Revenue Service 

Restructuring and Reform Act of 1998, 

Pub. L. 105–206, 112 Stat. 685, 779 

(1998), the authority to offset tax refund 

payments was amended to allow for the 

offset of Federal tax refund payments to 

collect past-due, legally enforceable 

State income tax obligations reported to 

the Secretary of the Treasury by States. 

The amendments authorizing such 

offsets were effective January 1, 2000. 

Offsets to collect delinquent State 

income tax debts from Federal tax 

refunds are processed through the 

Treasury Offset Program (TOP), which is 

operated by FMS, the disbursing office 

for the Treasury Department. TOP is a 

centralized offset program through 

which FMS offsets tax refund payments, 

as well as other nontax Federal 

payments, to collect delinquent debts 

owed to Federal agencies and States. 

This rule governs only the offset of one 

type of payment (i.e., tax refunds) to pay 

one type of delinquent debt (i.e., pastdue, legally enforceable State income 

tax obligations). 

On December 20, 1999, FMS 

published a notice of proposed 

rulemaking, 64 FR 71233 (NPRM), 

concerning the offset of tax refunds to 

collect delinquent income tax 

obligations owed to States. On the same 

day, FMS published an interim rule 

with request for comments, 64 FR 

71228, which contained the text for the 

NPRM. The closing date for comments 

regarding the proposed and interim 

rules was January 19, 2000.

Comments on the Proposed and Interim 

Rules 

FMS did not receive any comments 

on the NPRM by the close of the 

comment period. Likewise, FMS did not 

receive any comments on the interim 

rule, which served as the text for the 

NPRM. Therefore, the interim rule is 

adopted, without change, as a final rule. 

Regulatory Analysis 

This final rule is not a significant 

regulatory action as defined in 

Executive Order 12866. Pursuant to the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6), it is hereby certified that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The basis for 

this certification is that this rule only 

assists States in the collection of pastdue legally enforceable State income tax 

debt. Therefore, a regulatory flexibility 

analysis is not required. 

Special Analysis 

FMS has determined that good cause 

exists to make this final rule effective 

upon publication without providing the 

30-day period between publication and 

the effective date contemplated by 5 

U.S.C. 553(d). The purpose of a delayed 

effective date is to afford persons 

affected by a rule a reasonable time to 

prepare for compliance. However, in 

this case, FMS has been collecting pastdue income tax obligations owed to 

States by tax refund offset since January 

2000. Procedures affecting States 

submitting delinquent income tax 

obligations for collection and persons 

owing delinquent income tax 

obligations to States remain 

substantially unchanged. This final rule 

provides important guidance that is 

expected to facilitate States’

participation in the tax refund offset 

program. Therefore, FMS believes that 

good cause exists to make the rule 

effective upon publication.

List of Subjects in 31 CFR Part 285 

Administrative practice and 

procedure, Black lung benefits, Child 

support, Claims, Credit, Debts, 

Disability benefits, Federal employees, 

Garnishment of wages, Hearing and 

appeal procedures, Loan programs, 

Privacy, Railroad retirement, Railroad 

unemployment insurance, Salaries, 

Social Security benefits, Supplemental 

Security Income (SSI), Taxes, Veteran’s 

benefits, Wages.

Adoption as Final Rule

■ Accordingly, the interim rule adding 

§ 285.8 to 31 CFR part 285, subpart A, 

which was published at 64 FR 71228 on 

December 20, 1999, is adopted as a final 

rule without change.

Dated: January 21, 2005. 

Richard L. Gregg, 

Commissioner.

[FR Doc. 05–1421 Filed 1–25–05; 8:45 am] 

BILLING CODE 4810–35–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: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing 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.