This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62257 

Vol. 70, No. 209 

Monday, October 31, 2005 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22472; Airspace 

Docket No. 05–AGL–08] 

Proposed Establishment of Class D 

Airspace; Camp Ripley, MN; Proposed 

Establishment of Class E Airspace; 

Camp Ripley, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

establish Class D airspace at Camp 

Ripley, MN, and establish Class E 

airspace at Camp Ripley, MN. This 

action would establish a radius of Class 

D airspace, and establish a radius of 

Class E airspace for Ray S. Miller Army 

Airfield. 

DATES: Comments must be received on 

or before January 25, 2006. 

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–2005–22472/ 

Airspace Docket No. 05–AGL–08, 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 FAA Terminal Operations, Central 

Service Area Office, 2300 East Devon 

Avenue, Des Plaines, Illinois 60018. 

FOR FURTHER INFORMATION CONTACT: 

Steve Davis, FAA Terminal Operations, 

Central Service Office, Airspace and 

Procedures Branch, AGL–530, 2300 East 

Devon Avenue, Des Plaines, Illinois 

60018, telephone (847) 294–7131, or 

David Sapadin, telephone (847) 294– 

7131. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed 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 document must submit with 

those comments a self-addressed, 

stamped postcard on which the 

following statement is made: 

‘‘Comments to Docket No. FAA–2005– 

22472/Airspace Docket No. 05–AGL– 

08.’’ 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 document may be changed in 

light of comments received. All 

comments submitted will be available 

for examination in the Rules Docket, 

FAA, Great Lakes Region, Office of the 

Regional Counsel, 2300 East Devon 

Avenue, Des Plaines, Illinois, 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 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. 

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 14 CFR part 71 to 

establish Class D airspace at Camp 

Ripley, MN, and establish Class E 

airspace at Camp Ripley, MN, for the 

Ray S. Miller Army Airfield. Controlled 

airspace extending upward from the 

surface of the earth is needed to contain 

aircraft executing instrument approach 

procedures. The area would be depicted 

on appropriate aeronautical charts. 

Class D airspace designations are 

published in paragraph 5000, Class E 

airspace areas extending upward from 

the surface of the earth are published in 

paragraph 6002, of FAA Order 7400.9N 

dated September 1, 2005, and effective 

September 16, 2005, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and 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 

establishment body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore this, proposed 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) 

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 proposed rule will 

not have a significant economic impact 

on a substantial number of small entities 

62258 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 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 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 MN D Camp Ripley, MN [New] 

Camp Ripley, Ray S. Miller Army Airfield, 

MN 

(Lat. 46°05′00′′ N., long. 94°21′01′′ W.) 

That airspace extending upward from the 

surface to and including 3,700 feet MSL 

within a 3.9-mile radius of the Ray S. Miller 

Army Airfield. 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 published continuously 

published in the Airport/Facility Directory. 

* * * * * 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AGL MN E2 Camp Riley, MN [New] 

Camp Riley, Ray S. Miller Army Airfield, MN 

(Lat. 46°05′00′′ N., long. 94°21′01′′ W.) 

Within a 3.9-mile radius of the Ray S. 

Miller Army Airfield. 

* * * * * 

Issued in Des Plaines, Illinois on October 

12, 2005. 

Nancy B. Kort, 

Area Director, Central Terminal Operations. 

[FR Doc. 05–21585 Filed 10–28–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

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

31 

[Notice No. 52] 

RIN 1513—AB04 

Suspension of Special (Occupational) 

Tax (2004R–778P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking; 

cross-reference to temporary rule. 

SUMMARY: Elsewhere in this issue of the 

Federal Register, the Alcohol and 

Tobacco Tax and Trade Bureau (TTB) is 

issuing a temporary rule amending the 

TTB 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. In this notice of proposed 

rulemaking, we are soliciting comments 

from all interested parties on these 

regulatory amendments. The text of the 

regulations in the temporary rule 

published in the Rules and Regulations 

section of this issue of the Federal 

Register serves as the text of the 

proposed regulations. 

DATES: Comments must be received on 

or before December 30, 2005. 

ADDRESSES: You may send comments to 

any of the following addresses—

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, Attn: Notice No. 52, P.O. 

Box 14412, Washington, DC 20044—

4412. 

• 202–927–8525 (facsimile). 

• nprm@ttb.gov (e-mail). 

• http://www.ttb.gov/alcohol/rules/ 

index.htm. An online comment form is 

posted with this notice on our Web site. 

• http://www.regulations.gov. Federal 

e-rulemaking portal; follow instructions 

for submitting comments. 

You may view copies of any 

comments we receive about this notice 

by appointment at the TTB Library, 

1310 G Street, NW., Washington, DC 

20220. To make an appointment, call 

202–927–2400. You may also access 

copies of this notice and any comments 

online at http://www.ttb.gov/alcohol/ 

rules/index.htm. 

See the Public Participation section of 

this document for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing. 

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 

In the Rules and Regulations section 

of this issue of the Federal Register, we 

are publishing a temporary rule 

implementing section 246 of the 

American Jobs Creation Act of 2004, 

Public Law 108–357, 118 Stat. 1418 

(‘‘the Act’’), signed by President Bush 

on October 22, 2004. Section 246 of the 

Act, entitled ‘‘Suspension of 

Occupational Taxes Relating to Distilled 

Spirits, Wine, and Beer,’’ amended 

subpart G of part II of subchapter A of 

chapter 54 of the Internal Revenue Code 

of 1986 (IRC) by redesignating section 

5148 as section 5149 and adding a new 

section 5148 (26 U.S.C. 5148) entitled 

‘‘Suspension of Occupational Tax.’’

New section 5148 provides that, during 

the 3-year period from July 1, 2005, 

through June 30, 2008, the rate of 

special (occupational) tax imposed 

under sections 5081, 5091, 5111, 5121, 

and 5131 will be zero. 

The effect of new section 5148 is that 

the following occupations are not 

subject to payment of special 

(occupational) tax during the 

suspension period: manufacturer of 

nonbeverage products, proprietor of 

distilled spirits plant, proprietor of 

alcohol fuel plant, proprietor of bonded 

wine cellar, proprietor of bonded wine 

warehouse, proprietor of taxpaid wine 

bottling house, brewer, wholesale dealer 

in liquors (distilled spirits, wines, and 

beer), wholesale dealer in beer, retail 

dealer in liquors (distilled spirits, 

wines, and beer), and retail dealer in 

beer. On the other hand, the following 

occupations, which are not covered by 

the IRC sections listed in new section 

5148, are not affected by the suspension 

and remain subject to the special 

(occupational) tax during the 

suspension period: User of or dealer in