Unknown. Final rule; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-10-29.xml --- 68 209 Wednesday, October 29, 2003 Contents Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 61669-61670 03-26987 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Children Children and Families Administration RULES Child support enforcement program:

Program operations standards— Quarterly wage and unemployment compensation claims reporting to National Directory of New Hires; CFR correction, 61634 03-55530 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61655-61656 03-27252 03-27253 Community Community Development Financial Institutions Fund NOTICES Agency information collection activities; proposals, submissions, and approvals, 61716-61717 03-27204 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Applied Science Labs, Inc., 61698 03-27245 Cody Laboratories, Inc., 61698-61699 03-27238 Eli-Elsohly Laboratories, Inc., 61699 03-27243 Gateway Specialty Chemicals, Co., 61699 03-27239 Guilford Pharmaceuticals, Inc., 61699 03-27240 ISP Freetown Fine Chemicals, Inc., 61699-61700 03-27241 03-27242 Lilly Del Caribe, Inc., 61700 03-27244 Pressure Chemical Co., 61700-61701 03-27246 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 61658-61659 03-27197 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; class exemptions:

Loans of securities; correction [ **Editorial Note:** The entry for this document, published at 68 FR 61468 in the **Federal Register** of Tuesday, October 28, 2003, was listed incorrectly in that issue's table of contents.] Energy Energy Department See Energy Information Administration NOTICES Committees; establishment, renewal, termination, etc.: DOE/NSF Nuclear Science Advisory Committee, 61659 03-27231 Meetings: Environmental Management Site-Specific Advisory Board— Savannah River Site, SC, 61659 03-27232 Presidential permit applications:

Bangor Hydro-Electric Co., 61659-61660 03-27233 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61661 03-27230 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Imidacloprid, 61624-61634 03-26926 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Montana, 61650-61654 03-27269 NOTICES Air pollution control:

State operating permit programs— New York, 61661-61662 03-27260 Meetings: Gulf of Mexico Program Policy Review Board, 61662 03-27271 Solid wastes: Resource Conservation and Recovery Act Burden Reduction Initiative; data availability, 61662-61669 03-27270 FAA Federal Aviation Administration RULES Airworthiness directives: Bombardier, 61615-61620 03-27209 Eurocopter France, 61608-61613 03-27211 Hartzell Propeller Inc., 61607-61608 03-27102 Mitsubishi Heavy Industries, Ltd., 61613-61615 03-27210 PROPOSED RULES Airworthiness directives:

McDonnell Douglas, 61637-61639 03-27213 NOTICES Airport noise compatibility program: Noise exposure maps— Indianapolis International Airport, IN, 61713-61714 03-27275 Exemption petitions; summary and disposition, 61714 03-27274 Meetings: Aviation Rulemaking Advisory Committee, 61714-61715 03-27259 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 61669 03-27278 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 61702 03-27362 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61715-61716 03-27273 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61717 03-27218 Fish Fish and Wildlife Service NOTICES Reports and guidance documents; availability, etc.:

Service Manual chapters on audits; State audits policy; comment requests, 61681-61689 03-27203 Food Food and Drug Administration PROPOSED RULES Food for human consumption: Milk, cream, and yogurt products; lowfat and nonfat yogurt standards revocation petition; yogurt and cultured milk standards amendment, 61639-61640 03-27188 Human drugs: In vivo bioequivalence data; submission requirements, 61640-61647 03-27187 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61670 03-27189 Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— PIPRACIL (piperacillin sodium), 61670-61671 03-27190 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Modoc County, 61655 03-27206 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Meetings: Grain Inspection Advisory Committee, 61655 03-27235 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 61679 03-27183 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 61689-61691 03-27250 03-27251 Land acquisitions into trust:

Skokomish Tribe of Washington, 61691 03-27223 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 61671-61678 03-27192 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61679-61680 03-27199 Meetings: Guam War Claims Review Commission, 61680 03-27337 IRS Internal Revenue Service NOTICES Meetings:

Taxpayer Advocacy Panels, 61717-61718 03-27276 03-27277 International International Trade Administration NOTICES Antidumping: Polyethylene retail carrier bags from— China, Malaysia, Thailand, 61656 03-27247 Justice Justice Department See Drug Enforcement Administration RULES Privacy Act; implementation, 61621-61622 03-27193 NOTICES Pollution control; consent judgments: Beckman Coulter, Inc., et al. and American Thermoplastics Corp. et al., 61694 03-27258 Burlington Northern and Santa Fe Railway Co., 61694-61695 03-27254 Chevron U.S.A Inc., 61695 03-27256 Silgan Containers Corp., 61695-61696 03-27257 Vail Associates, Inc., 61696 03-27255 Privacy Act:

Systems of records, 61696-61698 03-27194 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Northeastern Great Basin, 61691-61692 03-27208 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Civil penalty assessment; adjustment, 61622-61624 03-27280 NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Oil and gas operations, 61692-61694 03-27279 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Black Beauty Coal Co. et al., 61701-61702 03-27282 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61702-61703 03-27195 03-27196 Agency records schedules; availability, 61703-61704 03-27205 NIH National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.:

Renal and Urological Sciences Integrated Review Group, 61678-61679 03-27281 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific whiting, 61634-61635 03-27248 NOTICES Coastal zone management programs and estuarine sanctuaries: Consistency appeals— Barnes Nursery, Inc., 61657 03-27220 Keegan, John T., 61656-61657 03-27219 Meetings: Marine Protected Areas Federal Advisory Committee, 61657-61658 03-27207 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Dominion Nuclear North Anna, LLC, 61705 03-27216 Entergy Nuclear Operating Co., 61705 03-27215 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 61705-61706 03-27222 Postal Postal Service RULES Domestic Mail Manual:

Semipostal stamp; price Correction, 61624 03-27185 PROPOSED RULES Domestic Mail Manual: Metered postage; refund procedures, 61647-61650 03-27186 Public Public Debt Bureau See Fiscal Service Railroad Railroad Retirement Board RULES Freedom of Information Act; implementation, 61620-61621 03-27107 SEC Securities and Exchange Commission PROPOSED RULES Investment companies: Subadvisory contracts; exemption from shareholder approval, 61719-61731 03-27198 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61706-61707 03-27224 Public Utility Holding Company Act of 1935 filings, 61707-61708 03-27225 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 61708 03-27226 Nasdaq Liffe Markets, LLC, 61708-61710 03-27228 New York Stock Exchange, Inc., 61710-61711 03-27227 Pacific Exchange, Inc., 61711-61712 03-27229 SBA Small Business Administration PROPOSED RULES Small business size standards: Nonmanufacturer rule; waivers— Ammunition (except small arms) manufacturing, 61636 03-27200 Small arms manufacturing, 61636-61637 03-27201 NOTICES License surrenders: Vega Capital Corp., 61713 03-27202 State State Department NOTICES Trade Act of 2002:

Search of foreign mail transiting U.S. without warrant; determination; transmittal to Congress, 61713 03-27272 Surface Surface Transportation Board NOTICES Rail carriers: Merger transactions— Norfolk Southern Railway Co. et al., 61716 03-27139 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Securities and Exchange Commission, 61719-61731 03-27198 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. 68 209 Wednesday, October 29, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003-NE-47-AD; Amendment 39-13352; AD 2003-22-05] RIN 2120-AA64 Airworthiness Directives;

Hartzell Propeller Inc. Model HC-A6A-3 Series Propellers. AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for Hartzell Propeller Inc. model HC-A6A-3 series propellers with A10460 series composite blades. This AD requires initial and repetitive visual inspections of A10460 series composite blades for cracks. This AD is prompted by reports of cracks in propeller blades, including an in-flight separation of a blade that caused damage to the airplane. We are issuing this AD to prevent separation of the propeller blade due to possible fatigue failure, which could result in damage to the airplane and possible loss of control of the airplane. DATES: This AD becomes effective November 13, 2003. We must receive any comments on this AD by December 29, 2003. ADDRESSES: Use one of the following addresses to submit comments on this AD: • By mail: The Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2003-NE-47-AD, 12 New England Executive Park, Burlington, MA 01803-5299. • By fax:

(781)238-7055. • By e-mail: *9-ane-adcomment@faa.gov* You can get the service information referenced in this AD from Hartzell Propeller Inc. Technical Publications Department, One Propeller Place, Piqua, OH 45356; telephone

(937)778-4200; fax

(937)778-4391. You may examine the AD docket, by appointment, at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA. You may examine the service information, by appointment, 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. 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: On July 31, 2003, a model A10460 series composite propeller blade separated from a model HC-A6A-3 series propeller while in flight and damaged the airplane. The model HC-A6A-3 series propeller was installed on the right-hand engine on a Short Brothers Ltd. SD3-60 Variant 200 airplane, commonly referred to as a Series 300 airplane. The manufacturer of the propeller issued an alert service bulletin

(ASB)on September 10, 2003 to require initial and repetitive visual inspections of the composite blades for cracks. On September 12, the manufacturer reported that another cracked blade was found on an airplane when the propellers were inspected using the ASB. Because the manufacturer and the FAA are continuing their investigations into the causes of the cracks, there is no terminating action for the repetitive inspections. Relevant Service Information We have reviewed and approved the technical contents of Hartzell Propeller Inc. ASB No. HC-ASB-61-265, dated September 10, 2003, that describes procedures for visually inspecting the composite propeller blade on-wing and at overhaul. FAA's Determination and Requirements of this AD The unsafe condition described previously is likely to exist or develop on other Hartzell Propeller, Inc. propellers of the same type design. We are issuing this AD to prevent separation of the propeller blade due to possible fatigue failure, which could result in damage to the airplane and possible loss of control of the airplane. This AD requires: • An initial visual inspection of the propeller blades for cracks within 100 flight hours after the effective date of this AD, but no later than 30 days after the effective date of this AD; and • Repetitive visual inspections of the propeller blades for cracks at intervals of 300 flight hours and at every overhaul, and • Replacing any cracked blade before further flight. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Changes to 14 CFR Part 39—Effect on the AD On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs our AD system. This regulation now includes material that relates to special flight permits, alternative methods of compliance, and altered products. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. Interim Action These actions are interim actions and we may take further rulemaking actions in the future. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “AD Docket No. 2003-NE-47-AD” in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us verbally, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments. We are reviewing the writing style we currently use in regulatory documents. We are interested in your comments on whether the style of this document is clear, and your suggestions to improve the clarity of our communications with you. You can get more information about plain language at *http://www.faa.gov/language* and *http://www.plainlanguage.gov.* Examining the AD Docket You may examine the AD Docket (including any comments and service information), by appointment, between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. *See* ADDRESSES for the location. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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. For the reasons discussed above, I certify that the regulation: 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. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “AD Docket No. 2003-NE-47-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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. The FAA amends § 39.13 by adding the following new airworthiness directive: **2003-22-05 Hartzell Propeller Inc.:** Amendment 39-13352. Docket No. 2003-NE-47-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective November 13, 2003. Affected ADs

(b)None. Applicability

(c)This AD applies to Hartzell Propeller Inc. model HC-A6A-3 series propellers with A10460 series composite blades installed. These propellers are installed on, but not limited to, Short Brothers Ltd. SD3-60 Series airplanes. Unsafe Condition

(d)This AD was prompted by reports of cracks in propeller blades, including an in-flight separation of a blade that caused damage to the airplane. We are issuing this AD to prevent separation of the propeller blade due to possible fatigue failure, which could result in damage to the airplane and possible loss of control of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Initial On-wing Visual Inspection

(f)Perform an initial on-wing visual inspection of the A10460 series composite propeller blades for cracks within 100 flight hours

(FH)after the effective date of this AD, but do not exceed 30 days after the effective date of this AD. You can find information on inspecting for cracks in Hartzell Propeller Inc. Alert Service Bulletin

(ASB)No. HC-ASB-61-265.

(g)If you find a crack, replace the blade before further flight. Repetitive Inspections

(h)Thereafter, perform a visual inspection of the A10460 series composite propeller blades for cracks within intervals of 300 FH since-last-inspection. You can find information on inspecting for cracks in Hartzell Propellers Inc. ASB No. HC-ASB-61-265.

(i)If you find a crack, replace the blade before further flight.

(j)At each propeller overhaul, inspect the A10460 series composite propeller blades for cracks. You can find information on inspecting for cracks in Hartzell Propellers Inc. ASB No. HC-ASB-61-265.

(k)If you find a crack, replace the blade. Alternative Methods of Compliance

(l)The Manager, Chicago Aircraft Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Material Incorporated by Reference

(m)None. Related Information

(n)Hartzell Propellers Inc. Alert Service Bulletin No. HC-ASB-61-265 contains information on inspecting the propeller blades for cracks. Issued in Burlington, Massachusetts, on October 22, 2003. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 03-27102 Filed 10-28-03; 8:45 am]

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