Federal Register / Vol. 67, No. 247 / Tuesday, December 24, 2002 / Proposed Rules 78397

(f) Where can I get information about any 17 and NDB—B SIAP’s to West returned to the commenter. All already-approved alternative methods of Memphis Municipal Airport. Additional communications received before the compliance? Contact Karl Schletzbaum, controlled airspace extending upward specified closing date for comments will Aerospace Engineer, FAA, Small Airplane from 700 feet Above Ground Level be considered before taking action on Directorate, 901 Locust, Room 301, Kansas the proposed rule. The proposal City, Missouri 64106; telephone: (816) 329– (AGL) is needed to contain the SIAP’s. 4146; facsimile: (816) 329–4090. DATES: Comments must be received contained in this notice may be changed (g) What if I need to fly the airplane to on or before January 23, 2003. in light of the comments received. A another location to comply with this AD? The ADDRESSES: Send comments on this report summarizing each substantive FAA can issue a special flight permit under proposal to the Docket Management public contact with FAA personnel sections 21.197 and 21.199 of the Federal System, U.S. Department of concerned with this rulemaking will be Aviation Regulations (14 CFR 21.197 and Transportation, Room Plaza 401, 400 filed in the docket. 21.199) to operate your airplane to a location Seventh Street, SW., Washington, DC where you can accomplish the requirements Availability of NPRMs of this AD. 20590–0001. You must identify the docket number FAA–2002–13946/ An electronic copy of this document (h) How do I get copies of the documents may be downloaded through the referenced in this AD? You may obtain copies Airspace Docket No. 02–ASO–29, at the beginning of your comments. You may Internet at http://dms.dot.gov. Recently of the documents referenced in this AD from published rulemaking documents can Socata Groupe Aerospatiale, Customer also submit comments on the Internet at Support, Aerodrome Tarbes-Ossun-Lourdes, http://dms.dot.gov. You may review the also be accessed through the FAA’s Web page at http://www.faa.gov or the BP 930—F65009 Tarbes Cedex, France; public docket containing the proposal, Superintendent of Document’s Web telephone: 011 33 5 62 41 73 00; facsimile: any comments received, and any final page at http://www.access.gpo.gov/nara. 011 33 5 62 41 76 54; or the Product Support disposition in person in the Dockets Manager, Socata—Groupe Aerospatiale, Additionally, any person may obtain a Office between 9 a.m. and 5 p.m., North Perry Airport, 7501 Pembroke Road, copy of this notice by submitting a Monday through Friday, except Federal Pembroke Pines, Florida 33023; telephone: request to the Federal Aviation holidays. The Docket office (telephone (954) 894–1160; facsimile: (954) 964–4141. Administration, Office of Air Traffic 1–800–647–5527) in on the plaza level You may examine these documents at FAA, Airspace Management, ATA–400, 800 Central Region, Office of the Regional of the Department of Transportation Independence Avenue, SW., Counsel, 901 Locust, Room 506, Kansas City, NASSIF Building at the above address. Washington, DC 20591, or by calling Missouri 64106. An informal docket may also be (202) 267–8783. Communications must (i) Does this AD action affect any existing examined during normal business hours identify both docket numbers for this AD actions? This amendment supersedes AD at the office of the Regional Air Traffic notice. Persons interested in being 2002–05–04, Amendment 39–12672. Division, Federal Aviation placed on a mailing list for future Note 2: The subject of this AD is addressed Administration, Room 550, 1701 NPRM’s should contact the FAA’s in French AD 2001–400(A), dated September Columbia Avenue, College Park, Georgia 19, 2001; and French AD 1978–205(A) R1, Office of Rulemaking, (202) 267–9677, dated September 19, 2001. 30337. to request a copy of Advisory Circular FOR FURTHER INFORMATION CONTACT: No. 11–2A, Notice of Proposed Issued in Kansas City, Missouri, on Walter R. Cochran, Manager, Airspace December 17, 2002. Rulemaking Distribution System, which Branch, Air Traffic Division, Federal describes the application procedure. David R. Showers, Aviation Administration, P.O. Box Acting Manager, Small Airplane Directorate, 20636, Atlanta, Georgia 30320; The Proposal Aircraft Certification Service. telephone (404) 305–5627. The FAA is considering an [FR Doc. 02–32336 Filed 12–23–02; 8:45 am] SUPPLEMENTARY INFORMATION: amendment to part 71 of the Federal BILLING CODE 4910–13–P Aviation Regulations (14 CFR part 71) to Comments Invited amend Class E5 airspace at Memphis, Interested parties are invited to TN. Class E airspace designations for DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking airspace areas extending upward from by submitting such written data, views Federal Aviation Administration 700 feet or more above the surface of the or arguments as they may desire. earth are published in Paragraph 6005 of Comments that provide the factual basis 14 CFR Part 71 FAA Order 7400.9K, dated August 03, supporting the views and suggestions 2002, and effective September 16, 2002, [Docket No. FAA–2002–13946; Airspace presented are particularly helpful in which is incorporated by reference in 14 Docket No. 02–ASO–29] developing reasoned regulatory CFR 71.1. The Class E airspace decisions on the proposal. Comments designation listed in this document Proposed Amendment of Class E5 are specifically invited on the overall would be published subsequently in the Airspace; Memphis, TN regulatory, aeronautical, economic, Order. AGENCY: Federal Aviation environmental, and energy-related The FAA has determined that this Administration (FAA), DOT. aspects of the proposal. proposed regulation only involves an ACTION: Notice of proposed rulemaking. Communications should identify both established body of technical docket numbers and be submitted in regulations for which frequent and SUMMARY: This notice proposes to triplicate to the address listed above. routine amendments are necessary to amend Class E5 airspace at Memphis, Commenters wishing the FAA to keep them operationally current. It, TN. As a result of an evaluation, it has acknowledge receipt of their comments therefore, (1) is not a ‘‘significant been determined a modification should on this notice must submit with those regulatory action’’ under Executive be made to the Memphis, TN, Class E5 comments a self-addressed, stamped Order 12866; (2) is not a ‘‘significant airspace area to contain the postcard on which the following rule’’ under DOT Regulatory Policies Nondirectional Radio Beacon (NDB) statement is made: ‘‘Comments to and Procedures (44 FR 11034; February Runway (RWY) 9 Standard Instrument Docket No. FAA–2002–13946/Airspace 26, 1979); and (3) does not warrant Approach Procedure (SIAP) to Memphis Docket No. 02–ASO–29.’’ The postcard preparation of a Regulatory Evaluation International Airport and the NDB RWY will be determined/time stamped and as the anticipated impact is so minimal.

VerDate 0ct<31>2002 15:31 Dec 23, 2002 Jkt 200001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\24DEP1.SGM 24DEP1 78398 Federal Register / Vol. 67, No. 247 / Tuesday, December 24, 2002 / Proposed Rules

Since this is a routine matter that will mile radius to 16 miles north of the West submissions of comments and/or only affect air traffic procedures and air Memphis NDB, and within a 6.4-mile radius requests for a hearing, LaNita Van Dyke, navigation, it is certified that this rule, of General DeWitt Spain Airport; excluding (202) 622–7180 (not toll-free numbers). that airspace within the Millington, TN, Class when promulgated, will not have a SUPPLEMENTARY INFORMATION: E airspace area. significant economic impact on a substantial number of small entities * * * * * Background and Explanation of Provisions under the criteria of the Regulatory Issued in College Park, Georgia, on Flexibility Act. December 17, 2002. Temporary regulations in the Rules Walter R. Cochran, and Regulation section of this issue of List of Subjects in 14 CFR Part 71 Acting Manager, Air Traffic Division, the Federal Register amend the Income Airspace, incorporation by reference, Southern Region. Tax Regulations (26 CFR part 1) under Navigation (Air). [FR Doc. 02–32416 Filed 12–23–02; 8:45 am] section 121(c) of the Internal Revenue Code (Code). The temporary regulations The Proposed Amendment BILLING CODE 4910–13–M provide rules for a reduced maximum In consideration of the foregoing, the exclusion of gain from the sale or Federal Aviation Administration exchange of the principal residence of a DEPARTMENT OF THE TREASURY proposes to amend 14 CFR Part 71 as taxpayer who is not entitled to the full follows: Internal Revenue Service maximum exclusion under section 121(a) because the taxpayer has not PART 71—DESIGNATION OF CLASS A, 26 CFR Part 1 owned and used the property as the CLASS B, CLASS C, CLASS D, AND taxpayer’s principal residence for two CLASS E AIRSPACE AREAS; [REG–138882–02] years of the preceding five years or has AIRWAYS; ROUTES; AND REPORTING excluded gain under section 121 on a RIN 1545–BB01 POINTS previous sale or exchange within the 1. The authority citation for part 71 Reduced Maximum Exclusion of Gain last two years. The text of those continues to read as follows: From Sale or Exchange of Principal temporary regulations also serves as the Residence text of these proposed regulations. The Authority: 49 U.S.C. 106(g); 40103, 40113, preamble to the temporary regulations 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– AGENCY: 1963 Comp., p. 389. Internal Revenue Service (IRS), explains the amendments. Treasury. Special Analyses §71.1 [Amended] ACTION: Notice of proposed rulemaking 2. The incorporation by reference in by cross-reference to temporary It has been determined that this notice 14 CFR 71.1 of Federal Aviation regulations. of proposed rulemaking is not a Administration Order 7400.9K, Airspace significant regulatory action as defined Designations and Reporting Points, SUMMARY: In the Rules and Regulations in Executive Order 12866. Therefore, a dated August 30, 2002, and effective section of this issue of the Federal regulatory assessment is not required. It September 16, 2002, is amended as Register, the IRS is issuing temporary also has been determined that section follows: Paragraph 6005 Class E regulations relating to the reduced 553(b) of the Administrative Procedure Airspace Areas Extending Upward from maximum exclusion available to certain Act (5 U.S.C. chapter 5) does not apply 700 feet or More Above the Surface of taxpayers who sell or exchange their to these regulations. It is hereby the Earth. principal residence but who have not certified that these regulations will not have a significant economic impact on * * * * * owned and used the property as their principal residence for two years of the a substantial number of small entities. ASO TN E5 Memphis, TN [Revised] preceding five years or who have This certification is based upon the fact Memphis International Airport, TN excluded gain on a previous sale or that the regulations do not impose a Lat. 35°02′33″ N, long. 89°58′36″ N exchange within the last two years. The collection of information and apply only Olive Branch Airport text of those regulations also serves as to individuals. Therefore, a Regulatory ° ′ ″ ° ′ ″ Lat. 34 58 44 N, long. 89 47 13 W the text of these proposed regulations. Flexibility Analysis under the West Memphis Municipal Airport Regulatory Flexibility Act (5 U. S. C. Lat. 35°08′06″ N, long. 90°14′04″ W DATES: Written or electronic comments and requests for a public hearing must chapter 6) is not required. Pursuant to General DeWitt Spain Airport section 7508(f) of the Code, this notice Lat. 35°12′02″ N, long. 90°03′14″ W be received by March 24, 2003. of proposed rulemaking will be Elvis NDB ADDRESSES: Send submissions to: Lat. 35°03′41″ N, long. 90°04′18″ W submitted to the Chief Counsel for CC:ITA:RU (REG–138882–02), room Advocacy of the Small Business West Memphis NDB 5226, Internal Revenue Service, POB Lat. 35°08′02″ N, long. 90°13′57″ W Administration for comment on its 7604, Ben Franklin Station, Washington, impact on small business. That airspace extending upward from 700 DC 20044. Submissions may be hand feet above the surface within an 8-mile radius Comments and Requests for a Public of Memphis International Airport, and within delivered Monday through Friday 4 miles north and 8 miles south of the 271° between the hours of 8 a.m. and 4 p.m. Hearing bearing from the Elvis NDB extending from to: CC:ITA:RU (REG–138882–02), Before these proposed regulations are the 8-mile radius to 16 miles west of the Elvis Courier’s Desk, Internal Revenue adopted as final regulations, NDB, and within a 7.5-mile radius of Olive Service, 1111 Constitution Ave., NW., consideration will be given to any Branch Airport, and within a 6.5-mile radius Washington, DC. Alternatively, written comments (a signed original and of West Memphis Municipal Airport, and taxpayers may submit electronic eight (8) copies) or electronic comments within 4 miles east and 8 west of the 197° comments directly to the IRS Internet that are submitted timely to the IRS. The from the West Memphis NDB extending from site at www.irs.gov/regs. the 6.5-mile radius to 16 miles south of the IRS and Treasury Department West Memphis NDB, and within 4 miles east FOR FURTHER INFORMATION CONTACT: specifically request comments on the and 8 miles west of the 353° bearing from the Concerning the regulations, Sara Paige clarity of the proposed rules and how West Memphis NDB extending from the 6.5- Shepherd, (202) 622–4960; concerning they may be made easier to understand.

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