67388 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Proposed Rules 

explosives for use as tools of entry or for 

otherwise destroying reactor, facility, 

transporter, or container integrity or 

features of the safeguards system, and 

(E) Land and water vehicles, which 

could be used for transporting personnel 

and their hand-carried equipment to the 

proximity of vital areas, and 

(ii) An internal threat, and 

(iii) A land vehicle bomb assault, 

which may be coordinated with an 

external assault, and 

(iv) A waterborne vehicle bomb 

assault, which may be coordinated with 

an external assault. 

(2) Theft or diversion of formula 

quantities of strategic special nuclear 

material. (i) A determined violent 

external assault, attack by stealth, or 

deceptive actions, including 

diversionary actions, by an adversary 

force capable of operating as one or 

more teams, attacking from one or more 

entry points, with the following 

attributes, assistance and equipment: 

(A) Well-trained (including military 

training and skills) and dedicated 

individuals, willing to kill or be killed, 

with sufficient knowledge to identify 

specific equipment or locations 

necessary for a successful attack; 

(B) Active (e.g., facilitate entrance and 

exit, disable alarms and 

communications, participate in violent 

attack) or passive (e.g., provide 

information), or both, knowledgeable 

inside assistance, 

(C) Suitable weapons, including handheld automatic weapons, equipped with 

silencers and having effective longrange accuracy; 

(D) Hand-carried equipment, 

including incapacitating agents and 

explosives for use as tools of entry or for 

otherwise destroying reactor, facility, 

transporter, or container integrity or 

features of the safe-guards system; 

(E) Land and water vehicles, which 

could be used for transporting personnel 

and their hand-carried equipment; and 

(ii) An internal threat, and 

(iii) A land vehicle bomb assault, 

which may be coordinated with an 

external assault, and 

(iv) A waterborne vehicle bomb 

assault, which may be coordinated with 

an external assault. 

Dated at Rockville, Maryland this 2nd day 

of November, 2005. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 05–22200 Filed 11–4–05; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2004–17005; Notice No. 

05–12] 

RIN 2120–AI17 

Washington, DC Metropolitan Area 

Special Flight Rules Area; Reopening 

of Comment Period and Intent To Hold 

Public Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); reopening of comment period. 

SUMMARY: In this action, the FAA 

reopens the comment period and 

announces its intention to hold a public 

meeting concerning the ‘‘Washington, 

DC Metropolitan Area Special Flight 

Rules Area’’ NPRM that was published 

August 4, 2005. In that document, the 

FAA proposed to codify current flight 

restrictions for certain aircraft 

operations in the Washington, DC 

Metropolitan Area. This reopening is in 

response to requests from Members of 

Congress and industry associations. 

DATES: The comment period for the 

proposed rule published on August 4, 

2005 (70 FR 45250) closed November 2, 

2005 and is reopened until February 6, 

2006. The date for the public meeting 

will be announced in a future 

document. 

ADDRESSES: You may send comments, 

identified by docket number, using any 

of the following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Crum, Airspace and Rules, Office 

of System Operations and Safety, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Proposed Rules 67389 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Sensitive Security Information 

Do not file in the docket information 

that you consider to be sensitive 

security information. Send or deliver 

this information (identified as docket 

number FAA–2003–17005) directly to 

Edith V. Parish, Acting Manager, 

Airspace and Rules, Office of System 

Operations and Safety, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591, 

telephone (202) 267–8783. You must 

mark information that you consider 

security-sensitive. 

Under 14 CFR 11.35 (a), we will 

review comments as we receive them, 

before they are placed in the docket. If 

a comment contains sensitive security 

information, we remove it before 

placing the comment in the general 

docket. 

Background 

On August 4, 2005 (70 FR 45250), the 

FAA proposed to amend 14 CFR part 93 

to permanently codify the temporary 

flight restrictions over the Washington, 

DC Metropolitan Area. The comment 

period closed November 2, 2005. The 

FAA has received requests from the U.S. 

House of Representatives Committee on 

Transportation and Infrastructure, the 

National Business Aviation Association, 

Inc. (NBAA), the Aircraft Owners and 

Pilots Association (AOPA), the General 

Aviation Manufacturers Association 

(GAMA), and the Secretary of 

Transportation of the Commonwealth of 

Virginia to extend the comment period 

and hold public meetings. 

Today’s Action 

The FAA has determined that it is in 

the public interest to reopen the 

comment period for the proposed rule 

published on August 4, 2005 (70 FR 

45250) until February 6, 2006 and hold 

a public meeting. The date, time, and 

location of this public meeting will be 

announced in a future Federal Register 

document. 

Issued in Washington, DC, on November 3, 

2005. 

Edith V. Parish, 

Acting Director, System Operations and 

Safety. 

[FR Doc. 05–22261 Filed 11–3–05; 2:46 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 204 and 399 

[Docket No. OST–03–15759] 

RIN 2105–AD25 

Actual Control of U.S. Air Carriers 

AGENCY: Office of the Secretary, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); request for comments. 

SUMMARY: The Department is seeking 

comments on a proposal to clarify 

policies that may be used during initial 

and continuing fitness reviews of U.S. 

carriers when citizenship is at issue. We 

propose to add a new section to 14 CFR 

part 399 that clarifies how the 

Department will interpret ‘‘actual 

control’’ of a U.S. air carrier during 

fitness reviews. This proposal will affect 

how we interpret the circumstances 

influencing a determination of ‘‘actual 

control,’’ allowing easier access to 

foreign capital for U.S. airlines. We are 

also proposing minor amendments to 14 

CFR part 204 to reference the new 

section and update existing language in 

part 204. 

DATES: Comments are due on or before 

January 6, 2006. 

ADDRESSES: You may send comments 

identified by DMS Docket No. OST–03–

15759 using any of the following 

methods: 

• Web site: http://dms.dot.gov Follow 

the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Mail: Docket Operations, U.S. 

Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

Public Participation heading in the 

Supplementary Information section of 

this document. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading under 

Supplementary Information for further 

information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

William M. Bertram, Chief, Air Carrier 

Fitness Division, Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590. Telephone: 

(202) 366–9721. 

SUPPLEMENTARY INFORMATION: Comments 

Invited: The Department invites 

interested persons to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to any 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

will reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. 

Public Participation 

The DMS is available 24 hours each 

day, 365 days each year. You can get 

electronic submission and retrieval help 

and guidelines under the ‘‘help’’ section 

of the DMS Web site. If you want us to 

notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledge page 

that appears after submitting comments 

on-line. 

Comments received after the comment 

closing date will be included in the 

docket, and we will consider late 

comments to the extent practicable. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received in any 

of our dockets, including the name of 

the individual sending the comment (or 

signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review the Department’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Background 

Air carriers must have authority 

granted to them by the Department to 

operate in the United States as U.S. air 

carriers. Under 14 CFR 204.5,