Presidential Documents. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-01-08.xml --- 68 5 Wednesday, January 8, 2003 Contents Agriculture Agriculture Department See Forest Service Alcohol Alcohol, Tobacco and Firearms Bureau PROPOSED RULES Alcohol; viticultural area designations: Russian River Valley, CA, 1020-1023 03-286 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 1065-1066 03-326 Coast Guard Coast Guard RULES Ports and waterways safety:

San Diego, CA; security zones, 1005-1008 03-315 NOTICES Meetings: Maritime security; ports, vessels, and facilities security measures; correction, 1074-1075 03-344 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency PROPOSED RULES Practice and procedure: Accountants performing audit services; removal, suspension, and debarment, 1115-1130 03-98 Defense Defense Department See Navy Department Education Education Department RULES Elementary and secondary education:

Disadvantaged children; academic achievement improvement Title I programs administration; correction, 1008-1009 03-351 NOTICES Meetings: Opportunity in Athletics, Secretary's Commission, 1051-1052 03-386 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Hanford Site, Richland, WA— Tank waste retrieval, treatment, and disposal and single-shell tanks closure, 1052-1057 03-318 EPA Environmental Protection Agency NOTICES Toxic and hazardous substances control:

Lead-based paint activities in target housing and child-occupied facilities; State and Indian Tribe authorization applications— North Dakota, 1059-1061 03-337 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Dornier, 999-1001 03-151 Hartzell Propeller Inc., 1001-1003 03-226 Raytheon, 997-999 03-148 PROPOSED RULES Airworthiness directives: Boeing, 1017-1020 03-333 General Electric Co., 1016-1017 03-330 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Practice and procedure:

Accountants performing audit services; removal, suspension, and debarment, 1115-1130 03-98 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Exelon Generation Co., LLC, et al., 1057-1059 03-376 Federal Highway Federal Highway Administration PROPOSED RULES Transportation Equity Act for 21st Century; implementation: Federal Lands Highway Program; transportation planning procedures and management systems— Fish and Wildlife Service and Refuge Roads Program, 1095-1104 03-104 Forest Service and Forest Highway Program, 1087-1096 03-103 Indian Affairs Bureau and Indian Reservation Roads Program, 1104-1114 03-105 National Park Service and Park Roads and Parkways Program, 1079-1088 03-102 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses:

Jetstream et al., 1061 03-317 Federal Reserve Federal Reserve System PROPOSED RULES Practice and procedure: Accountants performing audit services; removal, suspension, and debarment, 1115-1130 03-98 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 1061-1062 03-302 Permissible nonbanking activities, 1062 03-301 FTC Federal Trade Commission NOTICES Prohibited trade practices: Baxter International, Inc., and Wyeth Corp., 1062-1065 03-309 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.:

Argentina; blue-fronted amazon parrots, 1066-1067 03-345 Meetings: Klamath Fishery Management Council, 1067-1068 03-321 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Lassen County, 1026 03-329 National Environmental Policy Act; documentation needed for limited timber harvest; interim directive, 1026-1030 03-311 Health Health and Human Services Department See Centers for Disease Control and Prevention Indian Indian Affairs Bureau RULES Transportation Equity Act for 21st Century; implementation:

Indian Reservation Roads funds; 2003 FY funds distribution, 1003-1005 03-343 NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Confederated Tribes of Colville Reservation, WA, 1068 03-339 Couer d’Alene Tribe, ID, 1068 03-338 Kootenai Tribe of Idaho, ID, 1068 03-340 Nez Perce Tribe, ID, 1068 03-341 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau NOTICES Grants and cooperative agreements; availability, etc.: Tribal Self-Governance Program, 1066 03-342 IRS Internal Revenue Service PROPOSED RULES Income taxes:

Relative values of optional forms of benefit; disclosure; hearing cancellation, 1020 03-352 Stock dispositions; suspension of losses; hearing cancellation, 1020 03-353 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 1031-1038 03-346 Cut-to-length carbon steel plate from— Various countries, 1038-1039 03-350 Hot-rolled flat-rolled carbon-quality steel products from— Japan, 1039-1040 03-349 Stainless steel wire rods from— India, 1040-1050 03-347 Antidumping and countervailing duties:

Softwood lumber from— Canada, 1030-1031 03-348 International International Trade Commission NOTICES Import investigations: Ceramic station post insulators from— Japan, 1068-1069 03-303 Labor Labor Department See Occupational Safety and Health Administration National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 1075-1076 03-297 Motor vehicle safety standards; exemption petitions, etc.:

Suzuki Motor Corp., 1076 03-356 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 1024-1025 03-323 NOTICES Meetings: North Pacific Fishery Management Council, 1050 03-322 03-324 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: ADA Technologies, Inc., 1051 03-299 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Exelon Generation Co., LLC, 1069-1070 03-319 Occupational Occupational Safety and Health Administration PROPOSED RULES Safety and health standards, etc.: Standards improvement project (Phase II), 1023-1024 03-316 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 1070-1071 03-298 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Mentoring Month (Proc. 7636), 995 03-438 EXECUTIVE ORDERS Government agencies and employees Pay rates (EO 13282), 1131-1142 03-464 Public Public Health Service See Centers for Disease Control and Prevention Research Research and Special Programs Administration RULES Hazardous materials:

Hazardous materials transportation— Harmonization with UN recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's technical instructions, 1013-1015 03-325 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Neuberger Berman Equity Funds et al., 1071-1073 03-300 SBA Small Business Administration NOTICES Disaster loan areas: Florida, 1073-1074 03-307 Mississippi, 1074 03-305 Northern Mariana Islands, 1074 03-304 Texas, 1074 03-306 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Union Pacific Railroad Co., 1077 03-334 Thrift Thrift Supervision Office PROPOSED RULES Practice and procedure: Accountants performing audit services; removal, suspension, and debarment, 1115-1130 03-98 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department RULES Medical benefits:

Children of women Vietnam veterans— Health care benefits for children suffering from spina bifida and other covered birth defects, 1009-1013 03-101 Separate Parts In This Issue Part II Transportation Department, Federal Highway Administration, 1079-1114 03-102 03-103 03-104 03-105 Part III Federal Deposit Insurance Corporation; Federal Reserve System; Treasury Department, Comptroller of the Currency; Treasury Department, Thrift Supervision Office, 1115-1130 03-98 Part IV Executive Office of the President, Presidential Documents, 1131-1142 03-464 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. 68 5 Wednesday, January 8, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2002-CE-07-AD; Amendment 39-13012; AD 2003-01-01] RIN 2120-AA64 Airworthiness Directives;

Raytheon Aircraft Company Beech Models 36, A36, A36TC, B36TC, 58, and 58A Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment supersedes Airworthiness Directive

(AD)2000-26-16, which applies to certain Raytheon Aircraft Company (Raytheon) Beech Models A36, B36TC, and 58 airplanes. AD 2000-26-16 requires you to inspect for missing rivets on the right hand side of the fuselage and, if necessary, install rivets. AD 2000-26-16 resulted from Raytheon identifying several instances of missing rivets on these airplanes. AD 2000-26-16 incorporated an incorrect listing of serial numbers for the affected model airplanes and omitted certain airplane models from the applicability section of AD 2000-26-16. This AD retains the actions required in AD 2000-26-16 and corrects the applicability section. The actions specified by this AD are intended to detect and correct missing rivets in the right hand fuselage panel assembly in the area above the right wing and below the cabin door threshold. These rivets must be present for the fuselage to carry the ultimate load and prevent critical structural failure with loss of airplane control. DATES: This AD becomes effective on February 27, 2003. The Director of the Federal Register previously approved the incorporation by reference of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised May, 2000, as of February 16, 2001 (66 FR 1253, January 8, 2001). The Director of the Federal Register approved the incorporation by reference of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 2, Revised October, 2002, as of February 27, 2003. ADDRESSES: You may get the service information referenced in this AD from Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. You may view this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2002-CE-07-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Wichita, Kansas 67209; telephone:

(316)946-4155; facsimile:

(316)946-4407. SUPPLEMENTARY INFORMATION: Discussion What Events Have Caused This AD? Raytheon production and inspection personnel identified several instances of missing rivets on Models A36, B36TC, and 58 airplanes. The missing rivets are the result of a quality control problem. This condition caused us to issue AD 2000-26-16, Amendment 39-12066 (66 FR 1253, January 8, 2001). AD 2000-26-16 requires you to inspect for missing rivets on the right hand fuselage and if necessary, install rivets. What Has Happened Since AD 2000-26-16 To Initiate This Action? Raytheon notified FAA that the airplane models and serial numbers listed in Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised: May, 2000, and the applicability section of AD 2000-26-16 are incorrect. The serial number designations did not correctly refer to the applicable airplane models. We are adding Beech Models 36, A36TC, and 58A airplanes to the applicability section of this AD to correct this in this document. What Is the Potential Impact If FAA Took No Action? This condition, if not corrected, could result in the airplane being unable to carry the ultimate load which could cause structural failure and loss of airplane control. Has FAA Taken Any Action to This Point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Raytheon Beech Models 36, A36, A36TC, B36TC, 58, and 58A airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on August 14, 2002 (67 FR 52894). The NPRM proposed to supersede AD 2000-26-16, Amendment 39-12066, with a new AD that would retain the actions required in AD 2000-26-16 and add certain airplane models to the applicability section of this AD. Was the Public Invited To Comment? The FAA encouraged interested persons to participate in the making of this amendment. We did not receive any comments on the proposed rule or on our determination of the cost to the public. The manufacturer has issued Revision 2 to Raytheon Mandatory Service Bulletin SB 53-3341. This service information contains a corrected list of affected airplane models and serial numbers. We will incorporate this service bulletin into the procedures section of this AD. FAA's Determination What Is FAA's Final Determination on This Issue? After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We have determined that these minor corrections: —Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and —Do not add any additional burden upon the public than was already proposed in the NPRM. Cost Impact How Many Airplanes Does This AD Impact? We estimate that this AD affects 3,632 airplanes in the U.S. registry. What Is the Cost Impact of This AD on Owners/Operators of the Affected Airplanes? We estimate the following costs to accomplish the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 1 workhour × $60 per hour = $60 No parts required for the inspection $60 per airplane $60 × 3632 = $217,920 We estimate the following costs to accomplish the modification if necessary: Labor cost Parts cost Total cost per airplane 4 workhours × $60 per hour = $240 $100 per airplane $340 per airplane What Is the Difference Between the Cost Impact of This AD and the Cost Impact of AD 2000-26-16? The only difference between this AD and AD 2000-26-16 is the correction to the applicability. No additional actions are being added. The FAA has determined that this AD action does not increase the cost impact over that already required by AD 2000-26-16. Regulatory Impact Does This AD Impact Various Entities? The regulations adopted herein will 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. Does This AD Involve a Significant Rule or Regulatory Action? 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 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 copy of the final evaluation prepared for this action 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, under 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. FAA amends § 39.13 by adding a new AD to read as follows: **2003-01-01 Raytheon Aircraft Company:** Amendment 39-13012; Docket No. 2002-CE-07-AD.

(a)*What airplanes are affected by this AD?* This AD affects the following airplane models and serial numbers that are certificated in any category: Model Serial Nos.

(1)Group 1: A36 E-185 through E-3231 and E-3233. B36TC EA-242 and EA-273 through EA-635. 58 TH-1 through TH-1811 and TH-1813 through TH-1897.

(2)Group 2: 36 E-1 through E-184. A36TC EA-1 through EA-241 and EA-243 through EA-272. 58A TH-1 through TH-1811 and TH-1813 through TH-1897.

(b)*Who must comply with this AD?* Anyone who wishes to operate any of the airplanes identified in paragraph

(a)of this AD must comply with this AD.

(c)*What problem does this AD address?* The actions specified by this AD are intended to detect and correct missing rivets in the right hand fuselage panel assembly in the area above the right wing and below the cabin door threshold. These rivets must be present for the fuselage to carry the ultimate load and prevent critical structural failure with loss of control of the airplane.

(d)*What actions must I accomplish to address this problem?* To address this problem, you must accomplish the following: Actions Compliance Procedures

(1)For Group 1 airplanes: inspect for up to 9 missing rivets between fuselage station (F.S.) 83.00 and F.S. 91.00 at water line (W.L.) 90.3 Within the next 100 hours time-in-service

(TIS)after February 16, 2001 (the effective date of AD 2000-26-16), unless already accomplished In accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised: May 2000; or Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 2, Revised: October, 2002; and the Bonanza Series Maintenance Manual or Baron Model 58 Series Maintenance Manual.

(2)For Group 2 airplanes: inspect for up to 9 missing rivets between fuselage station (F.S.) 83.00 and F.S. 91.00 at water line (W.L.) 90.3 Within the next 100 hours time-in-service after February 27, 2003 (the effective date of this AD), unless already accomplished In accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised: May 2000; or Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 2, Revised: October, 2002; and the Bonanza Series Maintenance Manual.

(3)For all affected airplanes: if you find rivets are missing, install these rivets Before further flight after the inspection, unless already accomplished In accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised: May 2000; or Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 2, Revised: October, 2002; and the Bonanza Series Maintenance Manual or Baron Model 58 Series Maintenance Manual.

(e)*Can I comply with this AD in any other way?* You may use an alternative method of compliance or adjust the compliance time if:

(1)You may use an alternative method of compliance or adjust the compliance time if:

(i)Your alternative method of compliance provides an equivalent level of safety; and

(ii)The Manager, Wichita Aircraft Certification Office (ACO), approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Wichita ACO.

(2)Alternative methods of compliance approved in accordance with AD 2000-26-16, which is superseded by this AD, are approved as alternative methods of compliance with this AD. Note: This AD applies to each airplane identified in paragraph

(a)of this AD, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes 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

(e)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 you have not eliminated the unsafe condition, specific actions you propose to address it.

(f)*Where can I get information about any already-approved alternative methods of compliance?* Contact T.N. Baktha, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Wichita, Kansas 67209; telephone:

(316)946-4155; facsimile:

(316)946-4407.

(g)*What if I need to fly the airplane to another location to comply with this AD?* The FAA can issue a special flight permit under sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location where you can accomplish the requirements of this AD.

(h)*Are any service bulletins incorporated into this AD by reference?*

(1)Actions required by this AD must be done in accordance with Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised: May 2000, or Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 2, Revised: October, 2002.

(i)The Director of the Federal Register approved the incorporation by reference of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 2, Revised: October, 2002, under 5 U.S.C. 552(a) and 1 CFR part 51.

(ii)The Director of the Federal Register previously approved the incorporation by reference of Raytheon Mandatory Service Bulletin SB 53-3341, Rev. 1, Revised May, 2000, as of February 16, 2001 (66 FR 1253, January 8, 2001).

(2)You may get copies from Raytheon Aircraft Company, PO Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. You may view copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

(i)*Does this AD action affect any existing AD actions?* This amendment supersedes AD 2000-26-16, Amendment 39-12066.

(j)*When does this amendment become effective?* This amendment becomes effective on February 27, 2003. Issued in Kansas City, Missouri, on December 30, 2002. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 03-148 Filed 1-7-03; 8:45 am]

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