Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-16.xml --- 67 241 Monday, December 16, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality National Advisory Council, 77069 02-31543 Agricultural Agricultural Marketing Service PROPOSED RULES Nectarines, pears, and peaches grown in— California, 77003-77004 02-31582 Perishable agricultural commodities: Fresh and frozen fruits and vegetables, coated or battered, 77002-77003 02-31583 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Housing Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 77030-77034 02-31570 Animal Animal and Plant Health Inspection Service PROPOSED RULES Interstate transportation (quarantine) and exportation and importation of animals and animal products: Salmonella enteritidis phage-type 4 and serotype enteritidis; import restrictions and regulations removed, 77004-77007 02-31569 NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Aventis CropScience; genetically engineered cotton, 77034-77035 02-31567 Reports and guidance documents; availability, etc.:

Mycoplasma contamination detection; testing guidelines, 77035-77036 02-31568 Army Army Department See Engineers Corps Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 77069-77070 02-31546 Submission for OMB review; comment request, 77070-77071 02-31547 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 76988-76989 02-31541 New York, 76989 02-31540 02-31602 Ports and waterways safety:

Charleston Harbor, Cooper River, SC; security zones, 76991-76993 02-31600 San Juan, PR; security zone, 76989-76991 02-31599 Regattas and marine parades: Winterfest Boat Parade, 76986-76988 02-31601 PROPOSED RULES Ports and waterways safety: Ohio River, Natrium, WV; security zone, 77008-77010 02-31539 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES African Growth and Opportunity Act; determinations:

Malawi; handloomed fabric and handmade articles, 77055-77056 02-31572 Customs Customs Service NOTICES Automation program test: Account-Based Declaration Prototype; modification, expansion, and re-designation as Free and Secure Trade Prototype, 77128-77130 02-31578 Defense Defense Department See Engineers Corps Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 77056-77057 02-31577 Employment Employment and Training Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 77078 02-31526 NAFTA transitional adjustment assistance: Bristol Bay Native Association, 02-31527 77079-77080 02-31528 02-31529 02-31530 02-31531 02-31532 02-31533 02-31534 02-31535 02-31536 Employment Employment Standards Administration See Wage and Hour Division NOTICES Agency information collection activities: Proposed collection; comment request, 77081 02-31524 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

Advantage Energy, Inc., 77057 02-31584 Natural gas exportation and importation: Marathon LNG Marketing LLC et al., 77057-77058 02-31585 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Los Angeles County, CA; Pier J South Marine Terminal Expansion Project, 77056 02-31453 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Virginia, 76993-76995 02-31470 Hazardous waste program authorizations:

New Jersey, 76995-76998 02-31015 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Virginia, 77010 02-31469 Hazardous waste program authorizations: New Jersey, 77010-77011 02-31014 NOTICES Meetings: Exposure Modeling Work Group, 77058-77060 02-31613 Toxic and hazardous substances control: New chemicals— Receipt and status information, 77060-77064 02-31588 Test guidelines— Acute background and oral toxicity testing, 77064-77065 02-31612 FAA Federal Aviation Administration RULES Airworthiness directives:

Honeywell, 76981-76982 02-31172 Pilatus Britten-Norman Ltd., 76982-76984 02-31394 FCC Federal Communications Commission RULES Radio stations; table of assignments: New Mexico and Texas, 76998 02-31605 NOTICES Meetings; Sunshine Act, 77065-77066 02-31713 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Undue discrimination; remedying through open access transmission service and standard electricity market design Technical conferences, 77007-77008 02-31580 NOTICES Environmental statements; availability, etc.:

New York State Electric & Gas Corp., 77058 02-31597 *Applications, hearings, determinations, etc.:* New York State Electric & Gas Corp., 77058 02-31596 Federal Law Federal Law Enforcement Training Center NOTICES Environmental statements; availability, etc.: FLETC Glynco, GA facility; adjacent public roadways acquisition, 77130-77131 02-31622 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 77066 02-31537 Formations, acquisitions, and mergers, 77066 02-31538 FTC Federal Trade Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 77066-77068 02-31586 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities: Proposed collection; comment request; correction, 77133 C2-30016 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Incidental take permits— Bastrop County, TX; Houston toad, 77074-77075 02-31565 Pima County, AZ; ferruginous pygmy-owl, 77075-77076 02-31566 Forest Forest Service NOTICES Agency information collection activities:

Proposed collection; comment request, 77036-77038 02-31571 Meetings: Resource Advisory Committees— Del Norte County, 77038 02-31564 Trinity County, 77038 02-31563 National Environmental Policy Act documentation needed for fire management activities; implementation, 77038-77044 02-31576 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Indian Health Service See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Vital and Health Statistics National Committee, 77068-77069 02-31556 Hearings Hearings and Appeals Office, Interior Department PROPOSED RULES Hearings and appeals procedures: Wildlife management affairs; amendments, 77011-77015 02-31575 Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Brownfields Economic Development Initiative, 77073-77074 02-31545 Immigration Immigration and Naturalization Service NOTICES Immigration: Nonimmigrants from Armenia, Pakistan, and Saudi Arabia; special registration requirements, 77135-77138 02-31717 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:

Health Professions Educational Loans Repayment Program, 77071-77073 02-31581 Interior Interior Department See Fish and Wildlife Service See Hearings and Appeals Office, Interior Department See Land Management Bureau NOTICES National Environmental Policy Act documentation needed for fire management activites; implementation, 77038-77044 02-31576 IRS Internal Revenue Service RULES Income taxes: Consolidated return regulations— Intercompany transactions; timing rules, 76985 02-31614 NOTICES Agency information collection activities:

Proposed collection; comment request, 02-31615 77131-77132 02-31616 International International Trade Administration NOTICES Antidumping: Fresh tomatoes from— Mexico, 77044-77053 02-31618 North American Free Trade Agreement (NAFTA); binational panel reviews: Carbon and alloy steel wire rod from— Mexico; correction, 77133 C2-30902 International International Trade Commission NOTICES Import investigations: Sortation systems, parts, and products containing same, 77076-77078 02-31621 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Wage and Hour Division Land Land Management Bureau PROPOSED RULES Hearings and appeals procedures:

Wildife management affairs; amendments, 77011-77015 02-31575 NOTICES Meetings: Resource Advisory Councils— Alaska, 77076 02-31562 New Mexico, 77076 02-31548 National Archives National Archives and Records Administration RULES Official seals Correction, 77133 C2-30766 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 77081-77082 02-31701 National Highway National Highway Traffic Safety Administration PROPOSED RULES Fuel economy standards: Light trucks; 2005-2007 model years, 77015-77029 02-31522 National Institute National Institute of Standards and Technology NOTICES Infrared spectral library; update; comment request, 77053 02-31617 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific halibut and sablefish; Individual Fishing Quota cost recovery program, 76998-77001 02-31447 National Telecommunications National Telecommunications and Information Administration NOTICES Agency information collection activities: Proposed collection; comment request, 77053-77054 02-31558 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 77082 02-31610 Environmental statements; availability, etc.:

Calvert Cliffs Nuclear Power Plant, Inc., 77085-77086 02-31609 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 77082-77083 02-31608 Dow Chemical Co., 77083-77084 02-31611 Hydro Resources, Inc., 77084-77085 02-31607 Patent Patent and Trademark Office NOTICES Agency information collection activities: Proposed collection; comment request, 77054-77055 02-31574 Postal Postal Service NOTICES Privacy Act: Systems of records, 77086-77104 02-31386 President Presidential Documents EXECUTIVE ORDERS Faith-based and community organizations; equal protection under law (EO 13279), 77139-77144 02-31831 Government agencies and employees:

Faith-based and community organizations; responsibilities of the Department of Agriculture and the Agency for International Development (EO 13280), 77145-77146 02-31832 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Agency for Healthcare Research and Quality See Indian Health Service See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration NOTICES Meetings: International standards on transport of radioactive materials; conference, 77126-77127 02-31595 Pipeline Risk Management Demonstration Project:

Participants— Natural Gas Pipeline Co. of America, 77127-77128 02-31542 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 77044 02-31523 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 02-31635 77104-77105 02-31657 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 77105-77106 02-31589 Chicago Board Options Exchange, Inc., 77106-77114 02-31550 02-31590 Depository Trust Co., 77115 02-31554 International Securities Exchange, Inc., 77115-77117 02-31552 02-31592 National Association of Securities Dealers, Inc., 77117-77123 02-31551 02-31591 02-31593 National Securities Clearing Corp., 77123-77124 02-31555 New York Stock Exchange, Inc., 77124-77126 02-31553 SBA Small Business Administration NOTICES Disaster loan areas:

Alaska, 77126 02-31549 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 77073 02-31561 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Customs Service See Federal Law Enforcement Training Center See Fiscal Service See Internal Revenue Service Wage Wage and Hour Division RULES Migrant and seasonal agricultural worker protection, 76985-76986 02-31525 Separate Parts In This Issue Part II Justice Department, Immigration and Naturalization Service, 77135-77138 02-31717 Part III Presidential Documents, 77139-77146 02-31831 02-31832 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 241 Monday, December 16, 2002 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2001-NE-11-AD; Amendment 39-12977; AD 2002-25-02] RIN 2120-AA64 Airworthiness Directives;

Honeywell International Inc. TPE331-3, -5, -6, -8, -10, and -11 Series Turboprop and TSE331-3 Series Turboshaft Engines AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), that is applicable to Honeywell International Inc. (formerly AlliedSignal Inc., Garrett Turbine Engine Company and AiResearch Manufacturing Company of Arizona) TPE331-3, -5, -6, -8, -10, and -11 series turboprop and TSE331-3 series turboshaft engines.

This amendment requires removing weld repaired first stage compressor impellers from service. This amendment is prompted by an uncontained TPE331-11U turboprop engine failure and an in-flight shutdown due to the separation of the first stage Ti 6-4 compressor impeller. The actions specified by this AD are intended to prevent uncontained engine failures, in-flight shutdowns, and secondary damage. DATES: Effective January 21, 2003. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 21, 2003.

ADDRESSES: The service information referenced in this AD may be obtained from Honeywell Engines, Systems and Services, Technical Data Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; telephone:

(602)365-2493 (General Aviation),

(602)365-5535 (Commercial); fax:

(602)365-5577 (General Aviation and Commercial). This information may be examined, by appointment, at the Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood CA 90712-4137; telephone:

(562)627-5246; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that is applicable to Honeywell International Inc. (formerly AlliedSignal Inc., Garrett Turbine Engine Company and AiResearch Manufacturing Company of Arizona) TPE331-3, -5, -6, -8, -10, and -11 series turboprop and TSE331-3 series turboshaft engines was published in the **Federal Register** on July 25, 2002 (67 FR 48577). That action proposed to require removing weld repaired first stage compressor impellers from service, in accordance with Honeywell Alert Service Bulletin TPE331-A72-2083, revision 1, dated May 17, 2002. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comment received. One commenter states that paragraph (a)(3) as-written in the proposal, implies that the 12,500 cycle limit applies only to weld repairs that would be performed after the effective date of the AD. The FAA agrees, and has moved the last phrase of that paragraph which states, after the effective date of the AD, to the beginning of the sentence, for clarity. After careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change described previously. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Economic Analysis There are approximately 2,040 engines of the affected design in the worldwide fleet. The FAA estimates that 1,020 engines installed on aircraft of U.S. registry would be affected by this AD. The FAA estimates that 1,000 engines will have the required actions done during a scheduled engine overhaul. The FAA also estimates that it would take approximately 2 work hours per engine to do the actions during scheduled engine overhauls and 80 work hours per engine during unscheduled engine overhauls, and that the average labor rate is $60 per work hour. Required parts would cost approximately $9,600 per engine to do the actions during scheduled engine overhauls and $14,600 per engine which includes consumables, during unscheduled engine overhauls. Based on these figures, the total cost of the AD on U.S. operators is estimated to be $10,108,000. Regulatory Analysis This final rule does not have federalism implications, as defined in Executive Order 13132, because it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, the FAA has not consulted with state authorities prior to publication of this final rule. For the reasons discussed above, I certify that this action

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2002-25-02 Honeywell International Inc.:** Amendment 39-12977. Docket No. 2001-NE-11-AD. *Applicability:* This airworthiness directive

(AD)is applicable to Honeywell International Inc. (formerly AlliedSignal Inc., Garrett Turbine Engine Company and AiResearch Manufacturing Company of Arizona) TPE331-3, -5, -6, -8, -10, and -11 series turboprop and TSE331-3 series turboshaft engines. These engines are installed on, but not limited to Ayres S-2R series; Beech 18 and 45 series and Models JRB-6, 3N, 3NM, 3TM, and B100; Cessna Model 441; Construcciones Aeronauticas, S.A.

(CASA)C-212 series; De Havilland DH 104 series 7AXC (Dove); Dornier 228 series; Fairchild SA226 and SA227 series (Swearingen Merlin and Metro series); Grumman American G-164 series; Jetstream 3101; Mitsubishi MU-2B series (MU-2 series); Prop-Jets, Inc. Model 400; Rockwell Commander S-2R; Shorts Brothers and Harland, Ltd. SC7 (Skyvan); Pilatus PC-6 series (Fairchild Porter and Peacemaker); and Schweizer G-164 series; and Twin Commander Aircraft Corp. (Jetprop Commander) Models 695 and 695A airplanes; and Sikorsky S-55 series (Helitec Corp. S55T) helicopters. Note 1: This AD applies to each engine identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For engines that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph

(c)of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. *Compliance:* Compliance with this AD is required as indicated, unless already done. To prevent an uncontained engine failure, in-flight shutdown, and secondary damage, do the following: Removal of Weld Repaired First Stage Compressor Impellers From Service

(a)Remove from service weld repaired first stage compressor impellers, P/N's 896223-1, -2, -3, and -7 and 3107109-2, with SN's listed in Table 1 and Table 2 of the Accomplishment Instructions in 2.A.(1) and 2.A.(2) of Honeywell Alert Service Bulletin TPE331-A72-2083, revision 1, dated May 17, 2002, in accordance with the following schedule:

(1)Remove impellers with no record of cycles since weld repair, within 3,600 cycles-in-service

(CIS)or at the next engine overhaul, or at the next major Continuous Airworthiness Maintenance

(CAM)compressor section inspection, after the effective date of this AD, whichever occurs first.

(2)Remove impellers with more than 8,900 cycles since “weld repair,” within 3,600 CIS, or at the next engine overhaul, or at the next major CAM compressor section inspection after the effective date of this AD, whichever occurs first.

(3)After the effective date of this AD, remove impellers with 8,900 or less cycles since “weld repair,” before reaching 12,500 cycles since weld repair.

(b)For purposes of this AD, weld repaired or weld repair is defined as an impeller repair which involved heat treating and that was performed from 1980 through 1997 at Honeywell Aerospace Services, Aftermarket-Phoenix Repair and Overhaul, 1944 E. Sky Harbor Circle, Phoenix, AZ. 85034 (FAA Certificate Number ZN3R030M). Former names and FAA certificate numbers for Honeywell's Repair and Overhaul Facility are listed in section 2.A. of the Accomplishment Instructions in Honeywell Alert Service Bulletin TPE331-A72-2083, revision 1, dated May 17, 2002. Alternative Methods of Compliance

(c)An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO). Operators must submit their request through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. Note 2: Information concerning the existence of approved alternative methods of compliance with this airworthiness directive, if any, may be obtained from the Los Angeles ACO. Special Flight Permits

(d)Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the aircraft to a location where the requirements of this AD can be done. Documents That Have Been Incorporated by Reference

(e)The impeller removals must be done in accordance with Honeywell International Inc. Alert Service Bulletin TPE331-A72-2083, revision 1, dated May 17, 2002. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Honeywell Engines, Systems and Services, Technical Data Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; telephone:

(602)365-2493 (General Aviation),

(602)365-5535 (Commercial); fax:

(602)365-5577 (General Aviation and Commercial). Copies may be inspected at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. Effective Date

(f)This amendment becomes effective on January 21, 2003. Issued in Burlington, Massachusetts, on December 2, 2002. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 02-31172 Filed 12-13-02; 8:45 am]

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