Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 6381

§ 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 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 Kalskag, AK [Revised] 

Kalskag Airport, AK 

(Lt. 61°32′11′′ N., long. 160°20′29′′ W.)

That airspace extending upward from 700 

feet above the surface within a 12.1-mile 

radius of the Kalskag Airport, excluding that 

airspace within the Aniak, AK Class E area.

* * * * *

Issued in Anchorage, AK, on January 26, 

2005. 

Anthony M. Wylie, 

Acting Area Director, Alaska Flight Services 

Area Office.

[FR Doc. 05–2224 Filed 2–4–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–20030; Airspace 

Docket No. 05–AAL–01] 

Proposed Revision of Class E 

Airspace; St. Michael, AK

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to revise 

the Class E airspace at St. Michael, AK. 

Two new Standard instrument approach 

procedures (SIAPs) and a new Textual 

Departure Procedure are being 

published for St. Michael, AK. 

Additional Class E airspace is needed to 

contain aircraft executing instrument 

approaches at St. Michael Airport. 

Adoption of this proposal would result 

in additional Class E airspace upward 

from 700 feet (ft.) above the surface at 

St. Michael, AK.

DATES: Comments must be received on 

or before March 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–2005–20030/

Airspace Docket No. 05–AAL–01, 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:

Jesse Patterson, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5898; fax: (907) 271–2850; e-mail: 

Jesse.CTR.Patterson@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 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–2005–20030/Airspace 

Docket No. 05–AAL–01.’’ 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 

Rulemakings (NPRMs) 

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 Documents’ 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 

NPRMs 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 adding 

Class E airspace at St. Michael, AK. The 

intended effect of this proposal is to 

revise Class E airspace upward from 700 

ft. above the surface to contain 

Instrument Flight Rules (IFR) operations 

at St. Michael, AK. 

The FAA Instrument Flight 

Procedures Production and 

Maintenance Branch has developed two 

new SIAPs for the St. Michael Airport. 

The new approaches are (1) Area 

Navigation (Global Positioning System) 

(RNAV GPS) Runway (RWY) 2, original; 

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

A new Textual Departure Procedure has 

also been developed. Revised Class E 

controlled airspace extending upward 

from 700 ft above the surface within the 

8.4-mile radius of the St. Michael 

Airport would be created by this action. 

The proposed airspace is sufficient to 

contain aircraft executing the new 

instrument procedures for the St. 

Michael 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, 

6382 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules 

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 revise Class E 

airspace sufficient to contain aircraft 

executing instrument approaches at St. 

Michael Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use 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 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 St. Michael, AK [Revised] 

St. Michael Airport, AK 

(Lat. 63°29′24′′ N., long. 162°06′37′′ W.)

That airspace extending upward from 700 

feet above the surface within an 8.4-mile 

radius of the St. Michael Airport.

* * * * *

Issued in Anchorage, AK, on January 26, 

2005. 

Anthony M. Wylie, 

Acting Area Director, Alaska Flight Services 

Area Office.

[FR Doc. 05–2223 Filed 2–4–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary 

14 CFR Part 375

[Docket No. OST–2003–15511] 

RIN 2105–AD39

Certain Business Aviation Activities 

Using U.S.-Registered Foreign Civil 

Aircraft

AGENCY: Office of the Secretary, 

Department of Transportation.

ACTION: Notice of proposed rulemaking.

SUMMARY: Under Part 375 of the 

Department’s regulations, 14 CFR part 

375, which provides for the operation in 

the United States of ‘‘foreign civil 

aircraft’’ which are not engaged in 

common carriage, persons or entities 

seeking to operate foreign civil aircraft 

within the United States involving the 

carriage of persons, property and mail 

‘‘for remuneration or hire’’ must obtain 

a ‘‘foreign aircraft permit’’ from the 

Department of Transportation under 

that Part. On May 16, 2003, the National 

Business Aircraft Association (NBAA), a 

trade association that represents many 

business aircraft operators throughout 

the United States, wrote to the 

Department requesting a policy 

determination that certain types of 

operations that its representative 

companies might perform using U.S.-

registered foreign civil aircraft (such as 

carriage of a company’s own officials 

and guests, or aircraft time-sharing, 

interchange or joint ownership 

arrangements between companies) do 

not, in fact, constitute operations ‘‘for 

remuneration or hire’’ within the 

meaning of Part 375. The NBAA noted 

that a favorable response would 

eliminate the need for the companies 

involved to secure a permit for such 

operations. The Department of 

Transportation is now proposing to 

amend 14 CFR part 375 to clarify those 

circumstances under which companies 

operating U.S.-registered foreign civil 

aircraft are not deemed to be involved 

in air commerce for remuneration or 

hire and, therefore, are not required 

under Part 375 to obtain a foreign 

aircraft permit. 

On July 7, 2003, the Department 

solicited comments on the NBAA 

request (see 68 FR 40321 (July 7, 2003)). 

Pursuant to the Department’s request, 

comments were filed by interested 

parties. The Department has reviewed 

the comments filed in Docket OST–

2003–15511 and now proposes to 

amend Part 375 of our regulations as 

described below.

DATES: Comments on the proposal must 

be received by April 8, 2005. Late-filed 

comments will be considered to the 

extent practicable.

ADDRESSES: You may submit comments 

identified by DOT DMS Docket Number 

OST–2003–15511 by 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. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• 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. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the