5370 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

Applicability: This AD applies to the 

airplanes listed in Table 1 of this AD, 

certificated in any category:

TABLE 1.—APPLICABILITY

Boeing model As listed in 

Model 737–300, 

–400, and –500 series airplanes.

Boeing Special Attention Service Bulletin 

737–21–1131, Revision 2, dated April 

18, 2002. 

Model 757–200 and 

–200CB series airplanes.

Boeing Special Attention Service Bulletin 

757–21–0088, 

dated April 18, 

2002. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent loosened or disconnected 

overhead ducts from causing ceiling panels 

to drop below the minimum height of the 

evacuation zone for the passenger cabin, 

which could result in inadequate height for 

safe exit in the event of an emergency 

evacuation, accomplish the following: 

Service Bulletin References 

(a) The term ‘‘service bulletin,’’ as used in 

this AD, means the applicable service 

bulletins listed in Table 1 of this AD.

Inspection and Related Investigative/

Corrective Actions 

(b) For Model 737–300, –400, and –500 

series airplanes, do the actions required in 

paragraphs (b)(1) and (b)(2) of this AD at the 

specified compliance times, in accordance 

with the Accomplishment Instructions of the 

service bulletin. 

(1) Within 72 months after the effective 

date of this AD, do a general visual 

inspection at the applicable body station 

frames for open body station frames; and, 

before further flight, do all the related 

investigative/corrective actions, as 

applicable; by accomplishing all of the 

actions in paragraph 3.B. of the service 

bulletin.

Note 1: For the purposes of this AD, a 

general visual inspection is defined as: ‘‘A 

visual examination of an interior or exterior 

area, installation, or assembly to detect 

obvious damage, failure, or irregularity. This 

level of inspection is made from within 

touching distance unless otherwise specified. 

A mirror may be necessary to enhance visual 

access to all exposed surfaces in the 

inspection area. This level of inspection is 

made under normally available lighting 

conditions such as daylight, hangar lighting, 

flashlight, or droplight and may require 

removal or opening of access panels or doors. 

Stands, ladders, or platforms may be required 

to gain proximity to the area being checked.’’

(2) Within 72 months after the effective 

date of this AD, do the actions required in 

paragraph (b)(2)(i) or (b)(2)(ii) of this AD, as 

applicable. 

(i) For Groups 1 and 3 airplanes identified 

in the service bulletin: Install the lanyard 

hook brackets and each lanyard assembly 

under the air conditioning (AC) overhead 

ducts in accordance with paragraph 3.C. of 

the service bulletin. 

(ii) For Group 2 airplanes identified in the 

service bulletin: Install the lanyard hook 

brackets and the lanyard assemblies under 

the AC overhead ducts by accomplishing all 

of the actions in paragraph 3.D. of the service 

bulletin. 

(c) For Model 757–200 and –200CB series 

airplanes: Within 72 months after the 

effective date of this AD, do a general visual 

inspection of the applicable body station 

frames for open body station frames; and, 

before further flight, do all the corrective 

actions, as applicable; by accomplishing all 

of the actions in the Accomplishment 

Instructions of the service bulletin. 

Optional Terminating Action 

(d) For Model 757–200 and –200CB series 

airplanes: Accomplishing the replacement of 

the original design foam ducts with SaintGobain design foam ducts by doing all of the 

actions in Attachments I and II of Boeing 

Service Letter 757–SL–21–057–A, dated 

March 24, 2004, terminates the actions 

required by paragraph (c) of this AD. 

Credit for Actions Accomplished Per 

Previous Service Bulletins 

(e) Actions accomplished before the 

effective date of this AD per Boeing Special 

Attention Service Bulletin 737–21–1131, 

original release, dated December 20, 2001; or 

Revision 1, dated January 25, 2002; are 

acceptable for compliance with the 

requirements of paragraph (b) of this AD. 

Alternative Methods of Compliance 

(f) In accordance with 14 CFR 39.19, the 

Manager, Seattle Aircraft Certification Office, 

FAA, is authorized to approve alternative 

methods of compliance (AMOCs) for this AD. 

Incorporation by Reference 

(g) Unless otherwise specified by this AD, 

the actions shall be done in accordance with 

Boeing Special Attention Service Bulletin 

737–21–1131, Revision 2, dated April 18, 

2002; and Boeing Special Attention Service 

Bulletin 757–21–0088, dated April 18, 2002; 

as applicable. The optional terminating 

action, if accomplished, shall be done in 

accordance with Boeing Service Letter 757–

SL–21–057–A, including Attachements I and 

II, dated March 24, 2004. This incorporation 

by reference was approved by the Director of 

the Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Copies may 

be obtained from Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. Copies may be 

inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; 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.

Effective Date 

(h) This amendment becomes effective on 

March 9, 2005.

Issued in Renton, Washington, on January 

18, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1722 Filed 2–1–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2005–20059; Airspace 

Docket No. 05–ACE–1] 

Modification of Class E Airspace; 

Rolla/Vichy, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by revising Class E airspace 

areas at Rolla/Vichy, MO. A review of 

the Class E airspace surface area and the 

Class E airspace area extending upward 

from 700 feet above ground level (AGL) 

at Rolla/Vichy, MO reveals neither area 

complies with criteria for extensions nor 

reflects the current Rolla National 

Airport airport reference point (APR). 

Also, the legal descriptions of both area 

are not in proper format. These airspace 

areas and their legal descriptions are 

modified to conform to the criteria in 

FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, May 12, 2005. Comments 

for inclusion in the Rules Docket must 

be received on or before March 3, 2005.

ADDRESSES: Send comments on this 

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–2005–20059/

Airspace Docket No. 05–ACE–1, 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.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 5371

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E surface area and the Class E 

airspace area extending upward from 

700 feet AGL at Rolla/Vichy, MO. An 

examination of controlled airspace for 

Rolla/Vichy, MO revealed that neither 

airspace area is in compliance with FAA 

Orders 7400.2E, Procedures for 

Handling Airspace Matters, and 

8260.19C, Flight Procedures and 

Airspace. The extension to the Class E 

surface area is redefined relative to the 

Vichy VOR/DME, increased in length 

from 5.7 to 7 miles from the facility and 

decreased in width from 2.6 to 1.5 miles 

each side of centerline. The extension of 

the Class E airspace area extending 

upward from 700 feet AGL is also 

redefined relative to the Vichy VOR/

DME but its length is decreased from 7.4 

to 7 miles from the facility and its width 

decreased from 2.6 to 1.5 miles each 

side of centerline. The Rolla National 

Airport ARP is corrected in both legal 

descriptions. These modifications bring 

the legal descriptions of the Rolla/

Vichy, MO Class E airspace areas into 

compliance with FAA Orders 7400.2E 

and 8260.19C, Class E airspace areas 

designed as surface areas are published 

in Paragraph 6002 of 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. Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth are 

published in Paragraph 6005 of the 

same Order. The Class E airspace 

designations listed in this document 

would be published subsequently in the 

Order.

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. 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 above. 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 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 

Interested parties are invited to 

participate in this 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 notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2005–20059/Airspace 

Docket No. 05–ACE–1.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein will 

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. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, 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) if 

promulgated, will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

This rulemaking 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 use of airspace. This regulation 

is within the scope of that authority 

since it contains aircraft executing 

instrument approach procedures to 

Rolla National Airport.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, 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 MO E2 Rolla/Vichy, MO 

Rolla/Vichy, Rolla National Airport, MO 

(Lat. 38°07′39′′ N., long. 91°46′10′′ W.) 

Vichy VOR/DME 

(Lat. 38°09′15′′ N., long. 91°42′24′′ W.)

Within a 4.1-mile radius of Rolla National 

Airport and within 1.5 miles each side of the 

Vichy VOR/DME 067° radial extending from 

the 4.1-mile radius of the airport to 7 miles 

northeast of the VOR/DME. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory.

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE MO E5 Rolla/Vichy, MO 

Rolla/Vichy, Rolla National Airport, MO 

(Lat. 38°07′39′′ N., long. 91°46′10′′ W.) 

Vichy VOR/DME 

(Lat. 38°09′15′′ N., long. 91°42′24′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Rolla National Airport and within

5372 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

1.5 miles each side of the Vichy VOR/DME 

067° radial extending from the 6.6-mile 

radius of the airport to 7 miles northeast of 

the VOR/DME.

* * * * *

Issued in Kansas City, MO, on January 18, 

2005. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 05–1920 Filed 2–1–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF STATE

22 CFR Part 22 

[Public Notice 4984] 

RIN 1400–AB94; 1400–AB95 

Schedule of Fees for Consular 

Services, Department of State and 

Overseas Embassies and Consulates

AGENCY: State Department.

ACTION: Final rule.

SUMMARY: This rule adopts as final the 

Department of State’s proposed rule to 

revise the Schedule of Fees for Consular 

Services (‘‘Schedule of Fees’’ or 

‘‘Schedule’’), with four changes, one 

incorporating and finalizing an already 

effective additional exemption to the 

MRV fee and the others adding three 

new fees authorized by the Consolidated 

Appropriations Act, 2005 (Pub. L. 108–

447). None of these changes are being 

made in response to public comments. 

Only one comment was received during 

the period for public comment, but the 

Department has decided that the 

comment does not warrant any changes 

in the proposed rule. The additional 

exemption being added to the Schedule 

simply incorporates and finalizes an 

exemption that has been in effect during 

the comment period on the revised 

Schedule as a result of an Interim Rule 

issued pursuant to a separate but related 

rulemaking. No comments on the 

additional exemption were received 

during the comment period for that 

rulemaking. The three new fees are 

being added because they were 

established by legislation enacted after 

the comment period for this rulemaking 

closed. The addition of these fees does 

not require public comment. The 

proposed rule, modified only to 

incorporate the new exemption and the 

new legislatively established fees, is 

therefore adopted as final.

EFFECTIVE DATE: This rule is effective 

March 8, 2005.

FOR FURTHER INFORMATION CONTACT:

Phillip Min, Office of the Executive 

Director, Bureau of Consular Affairs, 

fax: 202–663–2499; e-mail: 

fees@state.gov.

SUPPLEMENTARY INFORMATION: The 

Department published a proposed rule 

in the Federal Register at 69 FR 42913–

42919 on July 19, 2004 (Public Notice 

4765, RIN 1400–AB94), proposing to 

amend sections of part 22 of Title 22 of 

the Code of Federal Regulations. 

Specifically, the rule proposed changes 

to the Schedule of Fees for Consular 

Services, including seven increases and 

two decreases. The Department’s 

proposed rule solicited comments, and 

one general comment sent by e-mail was 

received. The comment, dated July 19, 

2004, criticized all consular fees as still 

being too low. 

After publication of the 

aforementioned proposed rule, the 

Department also published a separate 

but related interim rule in the Federal 

Register at 69 FR 53618–53619 on 

September 2, 2004 (Public Notice 4809, 

RIN 1400–AB95), amending the 

Schedule of Fees for Consular Services 

to include an exemption from the 

nonimmigrant visa application 

processing fee for family members 

traveling to the United States for the 

funeral or burial of a U.S. Government 

employee killed in the line of duty or to 

visit a U.S. Government employee 

critically injured in the line of duty. The 

amendment became effective upon 

publication on September 2, 2004. 

Interested parties were invited to submit 

written comments by September 24, 

2004. No comments were received. The 

exemption added to the existing 

Schedule of Fees by the amendment is 

finalized and carried forward in the 

Schedule of Fees for Consular Services 

as published in this final rule. 

As explained when the revised 

Schedule of Fees was published as a 

proposed rule, the majority of the 

Department of State’s consular fees are 

established pursuant to the general user 

charges statute, 31 U.S.C. 9701, and/or 

22 U.S.C. 4219, which, as implemented 

through Executive Order 10718 of June 

27, 1957, authorizes the Secretary of 

State to establish fees to be charged for 

official services provided by embassies 

and consulates. Other fees are 

established pursuant to more specific 

statutory authorities, some of which 

provide for full or partial exemptions. 

With the exception of nonimmigrant 

visa reciprocity fees, which are 

established based on the practices of 

other countries, and fees that are 

established at amounts specified by 

statute, all consular fees are established 

on a basis of cost recovery and in a 

manner consistent with general user 

charges principles, regardless of the 

specific statutory authority under which 

they are promulgated. The Department 

of State is required to review consular 

fees periodically to determine the 

appropriateness of each fee in light of 

applicable provisions of OMB Circular 

A–25, and it was as a result of such a 

review that the amendments to the 

Schedule of Fees were proposed. This 

review attempted to identify the fully 

allocated costs of consular services 

(direct and indirect).

In situations where services are 

provided often enough to develop a 

reliable estimate of the average time 

involved, a flat service fee was adopted. 

In other situations where services are 

provided infrequently, the consular 

hourly rate was made the basis of the 

fee. In either case, the fee is designed to 

recover some or all—but not more 

than—actual fully allocated costs the 

Department expects to incur over the 

period that the Schedule will be in 

effect. When the fee is set below costs, 

the remaining cost is either recovered 

through allocation to related services for 

which fees are charged, or will be 

covered through appropriations. 

(Detailed information concerning the 

methodology of the study is available 

from the Bureau of Consular Affairs.) 

Based on this effort and subsequent 

analysis, the Department proposed 

adjustments to the Schedule of Fees, 

including the fee to search Department 

of State files to verify an applicant’s 

U.S. citizenship (from $45 to $60); the 

Diversity Visa (DV) Lottery surcharge for 

a diversity immigrant visa application 

(from $100 to $375); the Affidavit of 

Support Review fee (from $65 to $70); 

the fee for determining returning 

resident status (from $360 to $400); the 

fee for a transportation letter issued to 

a Legal Permanent Resident Alien 

(LPRA) who needs a transportation 

letter to reenter the U.S. (from $300 to 

$165); the fee for waiver of the two-year 

return residency requirement (from 

$230 to $215); the fees for processing 

Letters Rogatory and Foreign Sovereign 

Immunities Act (FSIA) judicial 

assistance cases (from $650 to $735); 

and the fee for consular time (from $235 

to $265). 

In addition, the fee for loan 

processing was combined with the fee 

for assistance regarding the welfare and 

whereabouts of a U.S. citizen, including 

child custody inquiries. This is a purely 

technical change in the Schedule. 

Significantly, Division B, Title IV 

(Diplomatic and Consular Programs 

appropriation) of the Consolidated 

Appropriations Act, 2005 (Public Law 

108–447), authorized two new fees 

while section 426 of Division J, title IV