31522 Federal Register / Vol. 69, No. 108 / Friday, June 4, 2004 / Rules and Regulations 

2003, for Model AS 350 B3 helicopters. If the 

clearance is less than 20 mm (0.8 in) in 

interference Area A or less than 12 mm (0.5 

in) in interference Area B, reposition the air 

exhaust duct in accordance with the 

Operational Procedure, paragraph 2.B.2., of 

Eurocopter ASB No. 71A001, dated May 12, 

2003, for Model EC 130 B4 helicopters, or 

Eurocopter ASB No. 71.00.16, dated May 12, 

2003, for Model AS 350 B3 helicopters. 

(d) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact Manager, Safety Management 

Office, Rotorcraft Directorate, FAA, for 

information about previously approved 

alternative methods of compliance. 

(e) The inspections, measuring, and 

repositioning, if necessary, shall be done in 

accordance with Eurocopter ASB No. 71A001 

for Model EC 130 B4 helicopters and ASB 

No. 71.00.16 for Model AS 350 B3 

helicopters, both dated May 12, 2003. The 

Director of the Federal Register approved this 

incorporation by reference in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies may be obtained from American 

Eurocopter Corporation, 2701 Forum Drive, 

Grand Prairie, Texas 75053–4005. Copies 

may be inspected at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

(f) This amendment becomes effective on 

July 9, 2004.

Note: The subject of this AD is addressed 

in Direction Generale De L’Aviation Civile 

(France) AD 2003–208(A) and AD 2003–

209(A), both dated May 28, 2003.

Issued in Fort Worth, Texas, on May 21, 

2004. 

David A. Downey, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service.

[FR Doc. 04–12441 Filed 6–3–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Parts 121 and 139 

[Docket No. FAA–2000–7479; Amendment 

Nos. 121–304, 139–26] 

RIN 2120–AG96 

Certification of Airports; Correction

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: The Federal Aviation 

Administration (FAA) is making minor 

technical changes to a final rule 

published in the Federal Register on 

February 10, 2004 (69 FR 6380). That 

final rule revises the airport certification 

regulations and establishes certification 

requirements for certain airports.

FOR FURTHER INFORMATION CONTACT:

Linda Bruce, Airport Safety and 

Operations Division, Office of Airport 

Safety and Standards, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8553.

DATES: Effective Date: This correction is 

effective on June 9, 2004.

SUPPLEMENTARY INFORMATION: The FAA 

published in the Federal Register of 

February 10, 2004 (69 FR 6380), a final 

rule revising the airport certification 

regulation and establishing certification 

requirements for airports serving 

scheduled air carrier operations in 

aircraft designed for more than 9 

passenger seats, but less than 31 

passenger seats. The final rule also 

amends the air carrier operation 

regulations to conform with changes to 

airport certification requirements. The 

final rule is necessary to ensure safety 

in air transportation at all certificated 

airports and becomes effective June 9, 

2004. 

The final rule preamble states that air 

carriers can continue to operate aircraft 

with more than 9 seats, but less than 31 

seats, into airports that are not obligated 

to obtain the appropriate airport 

operating certificate until December 9, 

2005. However, the rule language is 

causing the regulated community some 

uncertainty in interpreting this 

provision. Therefore, the FAA is 

clarifying this rule language. This 

clarification is consistent with the intent 

of the preamble for the final rule and 

will remove uncertainty in the regulated 

community. In addition, there are 

several minor technical edits to the rule 

language. 

We intend no substantive changes to 

any of the requirements established by 

the final rule. These corrections do not 

impose any additional requirements on 

operators affected by these regulations. 

Justification for Expedited Rulemaking 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined there is good cause for 

making today’s action final without 

prior proposal and opportunity for 

comment because the changes to the 

rule are minor technical corrections and 

do not change the requirements of the 

rule. Thus, notice and public procedure 

are unnecessary.

Corrections

■ In final rule FR Doc. 04–2255, 

published on February 10, 2004 (69 FR 

6380), make the following corrections:

■ 1. On page 6380, in column 1 in the 

heading section, beginning on line four, 

correct ‘‘Amendment Nos. 121–304, 

135–94’’ to read ‘‘Amendment Nos. 121–

304, 139–26’’.

§ 121.590 [Corrected]

■ 2. On page 6424, in column 1, 

§ 121.590(b), correctly designate 

paragraph (b) as (b)(1).

■ 3. On page 6424, in column 1, 

§ 121.590, add paragraph (b)(2) to read as 

follows:

* * * * *

(2) Until December 9, 2005, an air 

carrier and a pilot being used by the air 

carrier in the conduct of domestic type 

operations and flag type operations, may 

operate an airplane designed for more 

than 9 but less than 31 passenger seats, 

at a land airport, in any State of the 

United States, the District of Columbia, 

or any territory or possession of the 

United States, that does not hold an 

airport operating certificate issued 

under part 139 of this chapter, and that 

serves small air carrier aircraft (as 

defined under ‘‘Air carrier aircraft’’ and 

‘‘Class III airport’’ in § 139.5 of this 

Chapter).

* * * * *

§ 139.203 [Corrected]

* * * * *

■ 4. On page 6428, § 139.203(b), in item 

23 of the table, in the fifth column, add 

an ‘‘X’’ under Class IV.

§ 139.303 [Corrected]

■ 5. On page 6429, in columns 1 and 2, 

§ 139.303(e), correctly designate 

subparagraphs (i) through (vi) as (1) 

through (6).

§ 139.305 [Corrected]

■ 6. On page 6429, in column 2, 

§ 139.305, correct the text of 

paragraph(a)(3) to read as follows:

* * * * *

(3) The pavement must be free of 

cracks and surface variations that could 

impair directional control of air carrier 

aircraft, including any pavement crack 

or surface deterioration that produces 

loose aggregate or other contaminants.

* * * * *

§ 139.315 [Corrected]

■ 7. On page 6431, in column 1, 

§ 139.315(e), correctly designate

Federal Register / Vol. 69, No. 108 / Friday, June 4, 2004 / Rules and Regulations 31523

subparagraphs (i) through (iv) as (1) 

through (4).

§ 139.317 [Corrected]

■ 8. On page 6431, in column 3, on line 

six of § 139.317(k), add the date, ‘‘June 9, 

2004’’, at the end of the sentence after the 

word ‘‘after’’.

§ 139.319 [Corrected]

■ 9. On page 6432, in column 1, on line 

three of § 139.319(g)(3), correct the 

reference ‘‘(h)(1)’’ to read ‘‘(g)(1)’’.

Issued in Washington, DC, on, May 27, 

2004. 

Donald P. Byrne, 

Assistant Chief Counsel for Regulations.

[FR Doc. 04–12615 Filed 6–1–04; 12:58 pm] 

BILLING CODE 4910–13–P

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 20 

RIN 2900–AJ85 

Board of Veterans’ Appeals: Rules of 

Practice—Motions for Revision of 

Decisions on Grounds of Clear and 

Unmistakable Error: Advancement on 

the Docket

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document affirms the 

interim final rule amending the Rules of 

Practice of the Board of Veterans’

Appeals (Board) relating to challenges to 

Board decisions on the grounds of 

‘‘clear and unmistakable error’’ (CUE). 

The amendment provides for advancing 

CUE motions on the docket.

DATES: Effective Date: This final rule is 

effective June 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Steven L. Keller, Senior Deputy Vice 

Chairman, Board of Veterans’ Appeals, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420 ((202) 565–5978).

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on September 12, 2003 (68 FR 

53681), we published an interim final 

rule with request for comments, which 

amended the Board’s Rule of Practice 

1405(a) (38 CFR 20.1405(a)). Rule 

1405(a) requires that motions 

challenging decisions of the Board on 

the grounds of CUE be decided in 

accordance with their place on the 

Board’s docket. While appeals are 

subject to the same requirement, 38 

U.S.C. 7107(a)(1), we noted that both 

section 7107(a)(2) and its implementing 

regulation provide for earlier 

consideration of appeals if good cause is 

shown. 38 CFR 20.900(c) (Rule 900(c)). 

Rule 900(c) sets forth the good cause 

reasons for advancing an appeal on the 

Board’s docket and the requirements for 

filing a motion to advance an appeal on 

the docket. However, because CUE 

motions are not appeals, and thus not 

subject to the various rules relating to 

appeals, we realized there was no 

regulatory provision for advancing CUE 

motions. 

We therefore amended Rule 1405(a) to 

provide that a CUE motion may be 

advanced on the docket subject to the 

substantive and procedural 

requirements of Rule 900(c). We asked 

interested parties to submit comments 

on or before October 14, 2003. We 

received no comments. Based on the 

rationale noted above and as set forth in 

the interim final rule, we are adopting 

the interim final rule as a final rule 

without change. 

Administrative Procedure Act 

This document affirms without any 

changes an interim final rule that is 

already in effect. Accordingly, we have 

concluded under 5 U.S.C. 553 that there 

is good cause for dispensing with a 

delayed effective date based on the 

conclusion that such procedure is 

impracticable and unnecessary. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

developing any rule that may result in 

an expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any given year. This final rule would 

have no such effect on State, local, or 

tribal governments, or the private sector. 

Executive Order 12866 

This document has been reviewed by 

the Office of Management and Budget 

under Executive Order 12866. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this regulatory amendment will not 

have a significant economic impact on 

a substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

rule affects only the processing of 

claims by VA and does not affect small 

businesses, to include law firms. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this final rule is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604.

Approved: April 22, 2004. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

Accordingly, the interim final rule 

amending 38 CFR part 20 which was 

published at 68 FR 53681 on September 

12, 2003 is adopted as a final rule 

without change.

[FR Doc. 04–12625 Filed 6–3–04; 8:45 am] 

BILLING CODE 8320–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding for a 

Petition to Delist Astragalus 

magdalenae var. peirsonii (Peirson’s 

Milk-vetch)

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Notice of 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) announce a 

12-month finding for a petition to delist 

Astragalus magdalenae var. peirsonii

(Peirson’s milk-vetch) under the 

Endangered Species Act (Act) of 1973, 

as amended, (16 U.S.C. 1531 et seq.). 

After reviewing the best scientific and 

commercial information available, we 

find that the petitioned action is not 

warranted. We ask the public to submit 

to us any new information that becomes 

available concerning the status of, or 

threats to, the species. This information 

will help us monitor and encourage the 

conservation of this species.

DATES: The finding announced in this 

document was made on May 28, 2004. 

Although no further action will result 

from this finding, we request that you 

submit new information concerning the 

status of, or threats to, this species, 

whenever it becomes available.

ADDRESSES: The complete file for this 

finding is available for inspection, by 

appointment, during normal business 

hours, at Carlsbad Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

6010 Hidden Valley Road, Carlsbad, 

California 92009. Submit new 

information, materials, comments, or 

questions concerning this plant to us at 

the above address.

FOR FURTHER INFORMATION CONTACT: Jim 

Bartel, Field Supervisor, Carlsbad Fish