53598 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

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 it 

proposes to revise Class E airspace 

sufficient to contain aircraft executing 

instrument procedures at Nenana 

Municipal Airport and represents the 

FAA’s continuing effort to safely and 

efficiently manage 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 or more above the surface 

of the earth. 

* * * * * 

AAL AK E5 Nenana, AK [Revised] 

Nenana Municipal Airport, AK 

(Lat. 64°32′50′′ N., long. 149°04′26′′ W.) 

That airspace extending upward from 700 

feet (ft.) above the surface within a 6.5 

nautical mile (NM) radius of the Nenana 

Municipal Airport and within 3 NM each 

side of the 239° bearing of the Ice Pool NDB 

extending from the 6.5 NM radius to 10.3 NM 

West of the airport. 

* * * * * 

Issued in Anchorage, AK, on August 30, 

2005. 

Joseph Rollins, 

Acting Director, Alaska Flight Services Area 

Office. 

[FR Doc. 05–17838 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22094; Airspace 

Docket No. 05–AAL–28] 

Proposed Establishment of Class E 

Airspace; Nikolai, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

establish Class E airspace at Nikolai, AK 

to the size necessary to contain aircraft 

executing Standard Instrument 

Approach Procedures (SIAP). This 

action is proposed as a result of the 

development of two new SIAPs. 

Adoption of this proposal would result 

in establishing Class E airspace upward 

from 700 feet (ft.) above the surface at 

Nikolai, Alaska. 

DATES: Comments must be received on 

or before October 24, 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–2005–22094/ 

Airspace Docket No. 05–AAL–28, 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: Gary 

Rolf, Federal Aviation Administration, 

222 West 7th Avenue, Box 14, 

Anchorage, AK 99513–7587; telephone 

number (907) 271–5898; fax: (907) 271–

2850; e-mail: gary.ctr.rolf@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 argument 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–2005–22094/Airspace 

Docket No. 05–AAL–28.’’ 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. 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53599 

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), by 

establishing Class E airspace at Nikolai, 

AK. The intended effect of this proposal 

is to establish new Class E airspace 

upward from 700 feet (ft.) above the 

surface within a 6.4 nautical mile (NM) 

radius of the Nikolai Airport. 

The FAA Instrument Flight 

Procedures Production and 

Maintenance Branch has developed two 

SIAPs for the Nikolai Airport. The two 

approaches are: (1) Area Navigation 

(Global Positioning System) (RNAV 

(GPS)) Runway (RWY) 04, original, and 

(2) RNAV (GPS) RWY 20, original. Class 

E controlled airspace extending upward 

from 700 ft above the surface is needed 

to provide air traffic control services 

and would be established by this action. 

The proposed airspace is sufficient to 

contain aircraft executing the 

instrument procedures for the Nikolai 

Airport. 

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 

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 it 

proposes to establish Class E airspace 

sufficient to contain aircraft executing 

instrument procedures at Nikolai 

Airport and represents the FAA’s 

continuing effort to safely and 

efficiently manage 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 or more feet above the 

surface of the earth. 

* * * * * 

AAL AK E5 Nikolai, AK [New] 

Nikolai Airport, AK 

(Lat. 63°01′07′′ N., long. 154°21′30′′ W.) 

That airspace extending upward from 700 

feet (ft.) above the surface within a 6.4 

nautical mile (NM) radius of the Nikolai 

Airport. 

* * * * * 

Issued in Anchorage, AK, on August 30, 

2005. 

Joseph Rollins, 

Acting Director, Alaska Flight Services Area 

Office. 

[FR Doc. 05–17839 Filed 9–8–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 53 

[REG–111257–05] 

RIN 1545–BE37 

Standards for Recognition of TaxExempt Status if Private Benefit Exists 

or If an Applicable Tax-Exempt 

Organization Has Engaged in Excess 

Benefit Transaction(s) 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations that clarify the 

substantive requirements for tax 

exemption under section 501(c)(3) of the 

Internal Revenue Code (Code). This 

document also contains provisions that 

clarify the relationship between the 

substantive requirements for tax 

exemption under section 501(c)(3) and 

the imposition of section 4958 excise 

taxes. 

DATES: Written comments and requests 

for a public hearing must be received by 

December 8, 2005. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–111257–05), room 

5203, Internal Revenue Service, POB 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to: CC:PA:LPD:PR (REG–111257–05), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC. Alternatively, 

taxpayers may submit comments 

electronically via the IRS Internet site at 

http://www.irs.gov/regs or the Federal