Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Rules and Regulations 62237 

unlikely to result in adverse or negative 

comments and only involves an 

established body of technical 

regulations that require frequent and 

routine amendments to keep them 

operationally current. Therefore, I 

certify that this 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) 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. Since this rule involves 

routine matters that will only affect air 

traffic procedures and air navigation, it 

does not warrant preparation of a 

Regulatory Flexibility Analysis because 

the anticipated impact is so minimal. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, 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 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. 

§ 71.7 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 16, 2005, is 

amended as follows: 

* * * * * 

Paragraph 5000 Class D Airspace 

* * * * * 

AGL SD D Rapid City, SD [Revised] 

Rapid City Regional Airport, SD 

(Lat. 44°02′43′′ N., long., 103°03′27′′ W.) 

Rapid City Ellsworth AFB, SD 

(Lat. 44°08′42′′ N., long., 103°06′13′′ W.) 

That airspace extending upward from the 

surface to and including 5,700 feet MSL 

within a 4.4-mile radius of the Rapid City 

Regional Airport, excluding the portion north 

of a line between the intersection of the 

Rapid City Regional Airport 4.4-mile radius 

and the Rapid City Ellsworth AFB, SD, 4.7- 

mile radius. This Class D airspace area is 

effective during the specific dates and times 

established in advance by Notice to Airmen. 

The effective date and time will thereafter be 

continuously published in advance by Notice 

to Airmen. 

* * * * * 

AGL SD D Rapid City Ellsworth AFB, SD 

[Revised] 

Rapid City Ellsworth AFB, SD 

(Lat. 44°08′42′′ N., long., 103°06′13′′ W.) 

Rapid City Regional Airport, SD 

(Lat. 44°02′43′′ N., long., 103°03′27′′ W.) 

That airspace extending upward from the 

surface to and including 5,800 feet MSL and 

within a 5.9-mile radius of Rapid City 

Ellsworth AFB to the Rapid City Regional 

Airport 4.4-mile radius, excluding that 

airspace south of a line between the 

intersection of the Ellsworth AFB 4.7-mile 

radius and the Rapid City Regional Airport 

4.4-mile radius. This Class D 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. 

* * * * * 

Dated: Issued in Des Plaines, Illinois on 

October 12, 2005. 

Nancy B. Kort, 

Area Director, Central Terminal Operations. 

[FR Doc. 05–21583 Filed 10–28–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 736 

[Docket No. 050803216–5216–01] 

RIN 0694–AD30 

Technical Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correction. 

SUMMARY: On September 16, 2005, the 

Bureau of Industry and Security 

published a final rule that amended the 

Export Administration Regulations by 

making several revisions and 

clarifications. This document corrects 

an inadvertent error that the final rule 

made in redesignating several 

paragraphs. This correction ensures that 

paragraphs in Supplement No. 2 to part 

736 of the Export Administration 

Regulations are consistently designated. 

DATES: This rule is effective October 31, 

2005. 

ADDRESSES: Although this is a final rule, 

comments are welcome and should be 

sent to publiccomments@bis.doc.gov, 

fax (202) 482–3355, or to Regulatory 

Policy Division, Bureau of Industry and 

Security, Room H2705, U.S. Department 

of Commerce, Washington DC 20230. 

Please refer to regulatory identification 

number (RIN) 0694–AD30 in all 

comments, and in the subject line of 

email comments. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mooney, Office of Exporter 

Services, Bureau of Industry and 

Security, Telephone: (202) 482–2440, 

Email: tmooney@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects an inadvertent error 

in the final rule that was published by 

the Bureau of Industry and Security 

(BIS) on Friday, September 16, 2005 (70 

FR 54626). The September 16, 2005 

final rule amended the Export 

Administration Regulations (EAR) by, 

among other things, deleting a 

redundant paragraph and redesignating 

the remaining paragraphs in 

Administrative Order No. 2, 

Supplement No. 2 to part 736 of the 

EAR. The September 16, 2005 rule 

contained an inadvertent error in the 

amendatory text. Specifically, the final 

rule redesignated some paragraphs in 

Supplement No. 2 to part 736 of the 

EAR, but failed to redesignate all of 

them. To fix this inadvertent error, this 

document inserts amendatory text on 

page 54628 of the Federal Register of 

Friday, September 16, 2005, to 

redesignate the capital letter 

subparagraphs in Supplement No. 2 to 

part 736 of the EAR to the roman 

numeral level. This change will ensure 

that all relevant paragraphs in 

Supplement No. 2 to part 736 will be 

properly designated. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information, subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule involves a 

collection of information subject to the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). This collection has 

been approved by the Office of 

Management and Budget under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes for a 

manual or electronic submission. Send 

comments regarding these burden 

estimates or any other aspect of these 

62238 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Rules and Regulations 

collections of information, including 

suggestions for reducing the burden, to 

David Rostker, Office of Management 

and Budget (OMB), by email to 

David_Rostker@omb.eop.gov, or by fax 

to (202) 395–7285; and to the Office of 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6883, Washington, DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553 (b)(3) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because it is 

unnecessary. This regulation deletes a 

redundant paragraph and redesignates 

the remaining paragraphs in one section 

for clarity; inserts material inadvertently 

omitted from previous rules in three 

places in the EAR; clarifies instructions 

for applying for authorization to transfer 

items subject to the EAR in-country; 

adds an alias for a listed entity on the 

Entity List; and removes references to 

two ECCNs that do not exist. The 

revisions made by this rule are 

administrative in nature and do not 

affect the rights and obligations of the 

public. Because these revisions are not 

substantive changes to the EAR, it is 

unnecessary to provide notice and 

opportunity for public comment. In 

addition, the 30-day delay in 

effectiveness required by U.S.C. 553(d) 

is not applicable because this rule is not 

a substantive rule. No other law requires 

that a notice of proposed rulemaking 

and an opportunity for public comment 

be given for this rule. 

Because notice of proposed 

rulemaking and opportunity for public 

comment are not required to be given 

for this rule under the Administrative 

Procedure Act or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et. seq.) are not applicable. 

List of Subjects in 15 CFR Part 736 

Exports. 

■ Accordingly, for the reasons set out in 

the preamble, 15 CFR part 736 is 

amended as follows: 

■ 1. The authority citation for part 736 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 2151 (note), 

Pub. L. 108–175; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13338, 69 FR 26751, 3 

CFR, 2004 Comp., p. 168; Notice of 

November 4, 2004, 69 FR 64637, 3 CFR, 2004 

Comp., p. 303; Notice of August 2, 2005, 70 

FR 45273 (August 5, 2005). 

SUPPLEMENT NO. 2 TO PART 736—

[CORRECTED] 

■ 2. Supplement No. 2 to part 736, is 

amended in ‘‘Administrative Order 

Two’’ by: 

■ a. Redesignating paragraphs (a)(2)(A) 

through (E) as paragraphs (a)(2)(i) 

through (v), respectively; and 

■ b. Redesignating paragraphs (a)(3)(A) 

through (D) as paragraphs (a)(3)(i) 

through (iv), respectively. 

Dated: October 20, 2005. 

Eileen Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 05–21351 Filed 10–28–05; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 17, 19, 24, 25, 26, 27, and 

31 

[T.D. TTB–36] 

RIN 1513–AB04 

Suspension of Special (Occupational) 

Tax (2004R–778P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Temporary rule; Treasury 

decision. 

SUMMARY: In this temporary rule, the 

Alcohol and Tobacco Tax and Trade 

Bureau amends its regulations relating 

to special (occupational) tax, to reflect a 

3-year tax suspension effected by 

section 246 of the American Jobs 

Creation Act of 2004. Section 246 

amends the Internal Revenue Code of 

1986 to provide that, during the period 

from July 1, 2005, through June 30, 

2008, the rate of special (occupational) 

tax on certain occupations will be zero. 

The occupations affected by the 3-year 

tax suspension are: Manufacturers of 

nonbeverage products who claim tax 

drawback; proprietors of distilled spirits 

plants, alcohol fuel plants, bonded and 

taxpaid wine premises, and breweries; 

and wholesale and retail dealers in 

distilled spirits, wine, and beer. The 

requirements to register annually and 

keep prescribed records remain in 

effect. The text of these temporary 

regulations serves as the text of the 

proposed regulations set forth in the 

notice of proposed rulemaking on this 

subject in the Proposed Rules section of 

this issue of the Federal Register. 

DATES: Effective Date: This temporary 

rule is effective as of July 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Steve Simon, Alcohol and Tobacco Tax 

and Trade Bureau, Regulations and 

Rulings Division, Suite 200E, 1310 G 

Street, NW., Washington, DC 20220; 

telephone (202) 927–8210. 

SUPPLEMENTARY INFORMATION: 

Background 

Various provisions within subtitle E 

of the Internal Revenue Code of 1986 

(IRC) impose an annual tax on certain 

business occupations. This tax is 

referred to as the ‘‘special (occupational) 

tax’’ or more briefly as the ‘‘special tax.’’

In general, payment of this tax is a 

prerequisite for engaging in any of the 

covered occupations. The current 

annual rates of special (occupational) 

tax are as follows: 

Manufacturer of Nonbeverage Products ............................................... $ 500 

Proprietor of Distilled Spirits Plant 1,000 

Proprietor of Alcohol Fuel Plant .... 1,000 

Proprietor of Bonded Wine Cellar .. 1,000 

Proprietor of Bonded Wine Warehouse ............................................ 1,000 

Proprietor of Taxpaid Wine Bottling House ................................... 1,000 

Brewer .............................................. 1,000 

Wholesale Liquor Dealer or Beer 

Dealer ............................................ 500 

Retail Liquor Dealer or Beer Dealer 250 

User of, or Dealer in, Specially Denatured Alcohol ........................... 250 

User of Tax-Free Alcohol ................ 250 

Manufacturer of Tobacco Products 1,000 

Manufacturer of Cigarette Papers 

and Tubes ..................................... 1,000 

Export Warehouse Proprietor ......... 1,000 

Each tax year for payment of special 

(occupational) tax runs from July 1 

through the following June 30. In 

addition, special tax returns, with 

payment of the appropriate tax, must be 

submitted before beginning a new 

business, and each year thereafter on or 

before July 1. 

Some of the covered occupations are 

subject to a reduced rate for small 

entities. A small entity, engaging in an 

occupation subject to a basic rate of 

$1,000 per year, is subject to a reduced 

rate of just $500 per year. However, a 

small alcohol fuel plant is exempt from 

special tax. Educational institutions 

using small quantities of tax-free or 

specially denatured alcohol are also 

exempt from special tax. 

Besides requiring payment of the 

annual tax, the IRC requires an annual 

registration of persons subject to special 

tax and imposes certain recordkeeping 

requirements. Further, liquor (distilled 

spirits, wine, and beer) dealers must 

purchase distilled spirits from (1) a 

wholesale liquor dealer who has paid 

special tax for the location where the