Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-02-11.xml --- 68 28 Tuesday, February 11, 2003 Contents Administration Administration on Aging See Aging Administration Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Aging Aging Administration NOTICES Agency information collection activities: Proposed collection; comment request, 6923-6924 03-3326 Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 6868-6872 03-3314 Antitrust Antitrust Division NOTICES National cooperative research notifications: DVD Copy Control Association, 6946 03-3295 Petroleum Environmental Research Forum, 6946 03-3294 Rotorcraft Industry Technology Association, 6946-6947 03-3293 Sarnoff Corp., 6947 03-3297 VSI Alliance, 6947 03-3296 Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 6877-6878 03-3377 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Hawaii, 6876 03-3409 Nevada, 6876 03-3411 North Dakota, 6876 03-3410 Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety: San Diego Bay, CA; security zones, 6844-6847 03-3263 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 6876-6877 03-3375 03-3376 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Penick Corp., Inc., 6947-6952 03-3299 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Postsecondary education— Developing Hispanic-Serving Institutions Program, 6906-6907 03-3396 Postsecondary education: Higher Education Act; reauthorization, 6907-6908 03-3397 Employee Employee Benefits Security Administration NOTICES Employee benefits; class exemptions: Litigation settlement-related plan transactions, 6953-6958 03-3393 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Work Incentive Program— People with disabilities; employment services and career advancement, 6958-6970 03-3338 NAFTA transitional adjustment assistance:

Bristol Bay Native Association, 6970-6972 03-3339 03-3347 03-3348 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Recommendations: Administrative controls requirements; design, implementation, and maintenance, 6908 03-3374 EPA Environmental Protection Agency NOTICES Meetings: Science Advisory Board, 6913-6915 03-3419 03-3420 Superfund; response and remedial actions, proposed settlements, etc.: Ithaca Gun Co. Site, NY, 6916 03-3414 Stickney Avenue Landfill and Tyler Street Dump Sites, OH, 6916-6918 03-3413 Superfund program:

Prospective purchaser agreements— Ithaca Gun Co. Site, NY, 6915-6916 03-3415 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Hartzell Propeller Inc., 6815-6816 03-3309 Standard instrument approach procedures, 6816-6820 03-3268 03-3269 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Universal service contribution methodology; affiliate definition, 6832-6833 03-3337 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 6918 03-3313 Television broadcasting:

Channels 60-69; TV and DTV maximization applications; filing freeze, 6918-6919 03-3312 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 6919 03-3518 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Alabama and Virginia, 6828-6830 03-3332 Various States, 6823-6828, 6830-6832 03-3331 03-3335 03-3336 PROPOSED RULES Flood elevation determinations: Various States, 6847-6863 03-3333 03-3334 NOTICES Agency information collection activities:

Proposed collection; comment request, 6919-6921 03-3330 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Southern LNG, Inc., 6911-6912 03-3354 Hydroelectric applications, 6912-6913 03-3360 03-3364 *Applications, hearings, determinations, etc.:* Dynegy Inc., 6909 03-3358 GridAmerica LLC et al, 6909 03-3357 Northwest Pipeline Corp., 6909-6910 03-3355 03-3356 Portland Natural Gas Transmission System, 6910 03-3361 Regional Transmission Organizations et al., 6910 03-3363 Southern LNG Inc., 6911 03-3362 Virginia Electric & Power Co., 6911 03-3359 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system:

Processing and settlement of items, demand deposit accounting and other services; prices, 6921-6923 03-3399 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Bull trout; Klamath River and Columbia River distinct population segments, 6863 03-3369 NOTICES Endangered and threatened species: Recovery plans— Bull trout, 6932-6934 03-3307 Endangered and threatened species and marine mammal permit applications, 03-3400 6931-6932 03-3401 Marine mammal permit applications, 03-3394 6934-6935 03-3398 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Salinomycin, 6820 03-3351 NOTICES Harmonisation International Conference; guidelines availability: Q3A impurities in new drug substances; revision, 6924-6925 03-3352 Medical devices: Export certificates; certification fees, 6925-6927 03-3350 Food Food Safety and Inspection Service NOTICES Meat and poultry inspection: New technology; notification procedures, 6873-6875 03-3373 Foreign Foreign Assets Control Office RULES Reporting and procedures regulations: Civil penalties information; disclosure, 6820-6823 03-3310 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Eastern Arizona Counties, 6875 03-3322 Idaho Panhandle, 6875-6876 03-3323 Health Health and Human Services Department See Aging Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Federal claims; interest rates on overdue debts, 6923 03-3306 Meetings: Vital and Health Statistics National Committee, 6923 03-3305 Reports and guidance documents; availability, etc.:

Alternative fuel vehicle acquisition reports, 6923 03-3304 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 6927 03-3298 Historic Historic Preservation, Advisory Council NOTICES Meetings, 6868 03-3368 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Jicarilla Apache Tribe, NM, 6935-6938 03-3385 Seneca Nation of Indians, NY, 6938-6941 03-3386 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 6985-6987 03-3389 03-3391 03-3392 International International Trade Administration NOTICES Antidumping: Fresh Atlantic salmon from— Chile, 6878-6880 03-3405 Pasta from— Italy, 6882-6884 03-3402 Turkey, 6880-6882 03-3282 Preserved mushrooms from— India, 6884-6885 03-3404 Saccharin from— China, 6885 03-3403 Silicon metal from— Russian Federation, 6885-6889 03-3408 Stainless steel sheet and strip in coils from— Mexico, 6889-6891 03-3406 03-3407 Export trade certificates of review, 6891 03-3300 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Justice Programs Office Justice Justice Programs Office NOTICES Meetings:

Violence Against Women National Advisory Committee, 6952-6953 03-3383 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 6941-6943 03-3327 03-3328 03-3329 Meetings: Resource Advisory Committees— Salem, OR, 6944 03-3324 Resource management plans, etc.: Medford Resource Area, OR, 6944-6945 03-3372 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Alaska OCS— Oil and gas lease sales, 6945-6946 03-3367 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 6927-6928 03-3303 Meetings: Scientific Review Center, 6928-6930 03-3301 Patent licenses; non-exclusive, exclusive, or partially exclusive: JENNEREX Pharmaceuticals, 6930-6931 03-3302 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 6833-6837 03-3379 PROPOSED RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pollock, 6865-6867 03-3378 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permit applications, 6863-6864 03-3291 NOTICES Grants and cooperative agreements; availability, etc.: John H. Prescott Marine Mammal Rescue Assistance Program; marine mammal stranding networks, 6891-6906 03-3290 Meetings: New England Fishery Management Council, 6906 03-3292 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 6972 03-3465 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 6972 03-3484 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS Governors Island National Monument; establishment (Proc. 7647), 7051-7062 03-3548 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Railroad Railroad Retirement Board RULES Railroad Retirement Act:

Reconsideration and appeals requests; procedures clarification; correction, 6820 03-3308 SEC Securities and Exchange Commission PROPOSED RULES Investment advisers and investment companies: Compliance programs, 7037-7050 03-3315 NOTICES Agency information collection activities: Proposed collection; comment request, 6972-6973 03-3316 Submission for OMB review; comment request, 6973-6974 03-3317 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 6974-6975 03-3381 Chicago Board Options Exchange, Inc., 6975-6976 03-3380 National Association of Securities Dealers, Inc., 6976-6982 03-3318 03-3319 03-3320 03-3321 SBA Small Business Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 6982 03-3388 Meetings: Regulatory Fairness Boards— Region III; hearing, 6982 03-3349 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Kentucky, 6838-6842 03-3365 North Dakota, 6842-6844 03-3366 Surface Surface Transportation Board NOTICES Railroad services abandonment: CSX Transportation, Inc., 6984-6985 03-3371 Trade Trade Representative, Office of United States NOTICES Harmonized Tariff Schedule Technical corrections, 6982-6984 03-3395 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Valles Valles Caldera Trust NOTICES National Environmental Protection Act; implementation, 6987-6996 03-3325 Veterans Veterans Affairs Department PROPOSED RULES Disabilities rating schedule:

Musculoskeletal system, 6997-7035 03-2119 Separate Parts In This Issue Part II Veterans Affairs Department, 6997-7035 03-2119 Part III Securities and Exchange Commission, 7037-7050 03-3315 Part IV Executive Office of the President, Presidential Documents, 7051-7062 03-3548 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 28 Tuesday, February 11, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000-NE-45-AD;

Amendment 39-13049; AD 2003-04-01] RIN 2120-AA64 Airworthiness Directives; Hartzell Propeller Inc., Model HD-E6C-3B/E13890K Propellers AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), that is applicable to Hartzell Propeller Inc. HD-E6C-3B/E13890K propellers. This amendment requires the reduction of the original hub certified service (fatigue) life from unlimited hours to 37,400 flight hours. This amendment is prompted by a reevaluation by Hartzell Propeller Inc. of the D-5108-( ) original hub service life certification calculations.

The actions specified by this AD are intended to prevent fatigue failure of D-5108-( ) hubs, which may result in loss of airplane control. DATES: Effective March 18, 2003. ADDRESSES: Information regarding this action 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. FOR FURTHER INFORMATION CONTACT: Tomaso DiPaolo, Aerospace Engineer, Chicago Aircraft Certification Office, FAA, Small Airplane Directorate, 2300 East Devon Avenue, Des Plaines, IL 60018, telephone;

(847)294-7031, fax;

(847)294-7834. 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 Hartzell Propeller Inc. HD-E6C-3B/E13890K propellers was published in the **Federal Register** on September 23, 2002 (67 FR 59483). That action proposed to require the reduction of the original hub certified service (fatigue) life from unlimited hours to 37,400 flight hours. As a result of an in-service occurrence of a cracked hub, Hartzell Propeller Inc. has reevaluated the service (fatigue) life of the D-5108-( ) hub installed in the HD-E6C-3B/E13890K propeller. Hartzell has reduced the original hub certified service (fatigue) life from unlimited hours to 37,400 flight hours. Exceeding this life limit could result in fatigue failure of the hub, which may result in loss of airplane control. The 37,400 flight hour life limit is documented in the Airworthiness Limitations section of Hartzell Manual 161. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Risk If Life of a Component Is Not Known One commenter states that the proposal introduces a life limit where there was none previously required. The commenter also states that there is a risk that operators or maintenance organizations may not know the current life of the applicable parts, and that the NPRM does not include any proposal to estimate usage or factoring where the life of a component is not known. The FAA does not agree. Under 14 CFR 121.380 (a)(2)(ii), each registered certificate holder must keep records of the total time in service of each propeller. The propellers affected by this AD are flown on aircraft used in part 121 operations. Moreover, 14 CFR 121.380 mandates that the records must be retained for an unlimited time and must be transferred with the aircraft. In addition, the Airworthiness Limitations associated with this propeller have always required inspections at prescribed intervals which necessitate that the propeller usage be tracked. Therefore, if a propeller's total time is unknown, then the propeller and the registered certificate holder are not in compliance with the regulations. Presently, the FAA will not pursue policy to approve a general formula for calculating total time on propellers with unknown total times. Please note that the final rule allows for the submittal of data to request and to justify an alternate method of compliance to the AD or an adjustment of the compliance time in the AD. 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 as proposed. Economic Analysis There are approximately 250 Hartzell Propeller Inc. HD-E6C-3B/E13890K propellers of the affected design in the worldwide fleet. The FAA estimates that 140 propellers installed on aircraft of U.S. registry will be affected by this AD, that it will take approximately 30 work hours per propeller to perform the required actions, and that the average labor rate is $60 per work hour. Required parts will cost approximately $20,000 per propeller. Based on these figures, the total cost of the AD to U.S. operators is estimated to be $3,052,000. 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, 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: **2003-04-01 Hartzell Propeller Inc.:** Amendment 39-13049. Docket No. 2000-NE-45-AD. *Applicability:* This airworthiness directive

(AD)is applicable to Hartzell Propeller Inc., Model HD-E6C-3B/E13890K propellers with D-5108-( ) hubs installed. These propellers are installed on, but not limited to, Fairchild Dornier GmbH 328-100 series airplanes. Note 1: The parentheses indicate the presence or absence of an additional letter(s) which vary the basic propeller hub model designation. This AD still applies regardless of whether these letters are present or absent on the propeller hub model designation. Note 2: This AD applies to each propeller 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 propellers 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 fatigue failure of Hartzell D-5108-( ) hubs, which may result in loss of airplane control, do the following:

(a)Remove from service D-5108-( ) hubs before exceeding 37,400 flight hours and replace with a serviceable hub.

(b)After the effective date of this AD, do not install any D-5108-( ) hub that has accumulated 37,400 flight hours. 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, Chicago 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, Chicago ACO. Note 3: Information concerning the existence of approved alternative methods of compliance with this airworthiness directive, if any, may be obtained from the Chicago 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. Effective Date

(e)This amendment becomes effective on March 18, 2003. Issued in Burlington, Massachusetts, on February 4, 2003. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 03-3309 Filed 2-10-03; 8:45 am]

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