Technical Correction, 62237-62238 [05-21351]

Download as PDF Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Rules and Regulations 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. 62237 Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. [Docket No. 050803216–5216–01] 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. RIN 0694–AD30 Rulemaking Requirements § 71.7 Technical Correction 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 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). Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration amends 14 CFR part 71 as follows: I 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. I [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: * * * * * * * * 15:28 Oct 28, 2005 Jkt 208001 * * * * * 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 Bureau of Industry and Security, Commerce. ACTION: Final rule; correction. 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- VerDate Aug<31>2005 * AGENCY: Class D Airspace * * 15 CFR Part 736 I * * 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. * Adoption of the Amendment Paragraph 5000 * 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\31OCR1.SGM 31OCR1 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. I Accordingly, for the reasons set out in the preamble, 15 CFR part 736 is amended as follows: I 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 VerDate Aug<31>2005 15:28 Oct 28, 2005 Jkt 208001 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: I a. Redesignating paragraphs (a)(2)(A) through (E) as paragraphs (a)(2)(i) through (v), respectively; and I b. Redesignating paragraphs (a)(3)(A) through (D) as paragraphs (a)(3)(i) through (iv), respectively. I 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) Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Temporary rule; Treasury decision. AGENCY: 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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: DATES: 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 ............................................... 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 Liquor Dealer or Beer Dealer ............................................ Retail Liquor Dealer or Beer Dealer User of, or Dealer in, Specially Denatured Alcohol ........................... User of Tax-Free Alcohol ................ Manufacturer of Tobacco Products Manufacturer of Cigarette Papers and Tubes ..................................... Export Warehouse Proprietor ......... $ 500 1,000 1,000 1,000 1,000 1,000 1,000 500 250 250 250 1,000 1,000 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 E:\FR\FM\31OCR1.SGM 31OCR1

Agencies

[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Rules and Regulations]
[Pages 62237-62238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21351]


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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

[[Page 62238]]

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.


0
Accordingly, for the reasons set out in the preamble, 15 CFR part 736 
is amended as follows:
0
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]

0
2. Supplement No. 2 to part 736, is amended in ``Administrative Order 
Two'' by:
0
a. Redesignating paragraphs (a)(2)(A) through (E) as paragraphs 
(a)(2)(i) through (v), respectively; and
0
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

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