Unknown. Final rule; request for comments

3,307 words·~15 min read·/register/2003/12/03/03-30073·

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-12-03.xml --- 68 232 Wednesday, December 3, 2003 Contents AID Agency for International Development NOTICES Senior Executive Service: Performance Review Board; membership, 67656 03-29620 Agriculture Agriculture Department See Foreign Agricultural Service See Forest Service Army Army Department See Engineers Corps Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Engineers Corps NOTICES Meetings:

Defense Business Practice Implementation Board, 67660 03-30033 Science Board, 67660 03-30034 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Louis Baldinger & Sons, Inc., et al, 67656-67657 03-30067 Education Education Department NOTICES Privacy Act: Systems of records, 67781-67785 03-30031 Employment Employment and Training Administration NOTICES Adjustment assistance: Cannon-Itt Industries, 67702 03-30086 Fishing Vessels— CAPE LOOKOUT, 67703 03-30081 W W NORTHLAND, 67703 03-30088 Harlyn Textile Mills, Inc., 67703 03-30080 Lane Co., 67703 03-30082 Savane International Corp., 67703 03-30084 Standard Motor Co., 67703 03-30087 Teleflex Automotive Group, 67704 03-30089 Thomson, Inc., 67704 03-30085 Wellington Leisure Products, 67704 03-30083 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Mill Creek Watershed Plan, TN; correction, 67743 C3-29418 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Utah; correction, 67598 03-30043 NOTICES Meetings: National Pollution Prevention and Toxics Advisory Committee, 67671-67673 03-30048 Superfund; response and remedial actions, proposed settlements, etc.: Chevron Chemical Co. Site, FL, 67673 03-30045 Master Metals, Inc. Site, MI, 67673 03-30047 Water pollution; discharge of pollutants (NPDES):

Alaska; oil and gas extractions facilities on north slope of Brooks Range; general permit, 67674 03-30046 FAA Federal Aviation Administration RULES Airworthiness directives: New Piper Aircraft, Inc., 67588-67590 03-29871 Pratt & Whitney, 67585-67588 03-30073 Class E airspace, 67590-67591 03-30013 PROPOSED RULES Airworthiness directives: Airbus, 67622-67624 03-30113 Boeing, 67616-67618 03-30115 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 67613-67616 03-30116 Goodrich Avionics Systems, Inc., 67611-67613 03-30074 McDonnell Douglas, 67618-67622 03-30114 FCC Federal Communications Commission RULES Television broadcasting:

Digital television— Digital broadcast television redistribution control; digital broadcast content protection, 67599-67607 03-30007 PROPOSED RULES Television broadcasting: Digital television— Digital broadcast television redistribution control; digital broadcast content protection, 67624-67629 03-30008 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67674-67675 03-30003 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act):

Federal land use fees; update, 67592-67595 03-29515 NOTICES Electric rate and corporate regulation filings: MEP Pleasant Hill Operating, LLC, et al., 67665-67667 E3-00420 Milford Power Company, LLC, et al., 67667-67668 E3-00440 Environmental statements; availability, etc.: PacifiCorp, 67668-67669 E3-00433 Hydroelectric applications, 67669-67670 E3-00423 E3-00432 Meetings: Electric reliability organization certification; establishment, approval, and enforcement of standards, 67670-67671 E3-00421 Entergy Services, Inc.; generator operator limits, flowgate capability, etc.; technical conference, 67671 E3-00429 *Applications, hearings, determinations, etc.:* CenterPoint Energy - Mississippi River Transmission Corp., 67660-67661 E3-00426 Columbia Gas Transmission Corp., E3-00422 67661 E3-00428 Columbia Gulf Transmission Co., 67661-67662 E3-00427 El Paso Natural Gas Co., 67662 E3-00434 E3-00436 Enogex Inc., 67662-67663 E3-00424 Gulf South Pipeline Company, LP, 67663 E3-00435 NGO Transmission, Inc., 67663 E3-00437 Northern Natural Gas Co., 67663-67665 E3-00425 E3-00430 E3-00450 Sithe Energies, Inc., 67665 E3-00431 Southern Star Central Gas Pipeline, Inc., 67665 E3-00438 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 67675 03-30129 Ocean transportation intermediary licenses:

MSL Global Logistics Inc., et al, 67675 03-30128 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-30104 67733-67735 03-30105 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: American Short Line and Regional Railroad Association, 67735-67736 03-30100 Burlington Northern & Santa Fe Railway Co., 67736 03-30101 Long Island Rail Road, 67736-67737 03-30099 Union Pacific Railroad Co., 67737 03-30102 Traffic control systems; discontinuance or modification:

Norfolk Southern Corp., 67737-67738 03-30103 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Caribou and moose; seasonal adjustments, 67595-67597 03-30068 NOTICES Endangered and threatened species: American peregrine falcon; post-delisting monitoring plan; availability, 67697-67698 03-30065 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67678 03-30029 Human drugs:

Patent extension; regulatory review period determinations— STRATTERA, 67678-67679 03-30028 Memorandums of understanding: Agricultural Marketing Service and Agriculture Department; new antimicrobial animal drugs; effective means for evaluating effects of drugs; sponsors access, 67679-67685 03-30027 Johns Hopkins University; education, research, and outreach; development of collaboration, 67685-67688 03-30026 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.:

California Olive Growers Council, 67656 03-29399 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Tennessee Sharp Manufacturing Co. of America; consumer and business electronics manufacturing facilities; correction, 67657 03-30126 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Caribou and moose; seasonal adjustments, 67595-67597 03-30068 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Public Health Service NOTICES Meetings:

HIV/AIDS Presidential Advisory Council, 67675-67676 03-30036 State assistance expenditures; Federal financial participation (2003-2004), 67676-67678 03-30095 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67688-67689 03-30030 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 67657 03-30049 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Installment payments, 67595 03-29999 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67741-67742 03-30127 International International Trade Administration NOTICES Countervailing duties: Corrosion-resistant carbon steel flat products and cut-to-length carbon steel plate from— Germany, 67657-67659 03-30125 Justice Justice Department NOTICES Pollution control; consent judgments: Pharmacia Corp. et al, 67700 03-30133 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67700-67702 03-30077 03-30078 03-30079 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Front Range, 67699-67700 03-30072 Northeast California, 67699 03-30070 Sierra Front-Northwestern Great Basin, 67699 03-30071 Upper Columbia-Salmon Clearwater District, 67698 03-30069 Realty actions; sales, leases, etc.: Nevada, 67700 03-30037 Recreation management restrictions, etc.: California— Imperial Sand Dunes Recreation Area; special recreation permit fees; supplementary rules; correction, 67700 03-30038 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.:

General Motors Corp., 67738-67739 03-30108 Goodyear Tire & Rubber Co., 67739 03-30107 Hankook Tire America Corp., 67739-67740 03-30106 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing; correction, 67743 C3-29492 Meetings: National Heart, Lung, and Blood Institute, 67689 03-30119 Scientific Review Center, 67689-67691 03-30117 03-30118 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 67609-67610 03-30131 International fisheries regulations: Pacific tuna— Yellowfin and bigeye tuna, 67607-67608 03-30132 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 67642-67655 03-30134 Atlantic coastal fisheries cooperative management— Weakfish, 67636-67638 03-30136 West Coast States and Western Pacific fisheries— Pacific sardine, 67638-67640 03-30137 Pelagic fisheries; environmental impact statement, 67640-67642 03-30135 Marine mammals:

Taking and importing— Vandenberg Air Force Base, CA; 30th Space Wing, U.S. Air Force; space vehicle and test flight activities; pinnipeds, 67629-67636 03-29828 NOTICES Permits: Scientific research, 67659-67660 03-30138 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Gamma Knife Center of the Pacific, 67704-67705 03-30091 Meetings; Sunshine Act, 67705 03-30147 Public Public Health Service NOTICES Meetings: National Toxicology Program— Carcinogens Report; listing and delisting criteria; nominations process, 67692-67696 03-30122 NTP Vision for the 21st Century; advancement of toxicology to predominately predictive science; comment request, 67691-67692 03-30121 Scientific Counselors Board, 67696-67697 03-30123 Research Research and Special Programs Administration RULES Hazardous materials:

Incident reporting requirements and incident report form; revisions, 67745-67773 03-29597 SEC Securities and Exchange Commission NOTICES Public Utility Holding Company Act of 1935 filings, 67706-67707 03-30054 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 67707-67708 03-30057 Chicago Board Options Exchange, Inc., 67708-67709 03-30056 Fixed Income Clearing Corp., 67709-67711 03-30051 International Securities Exchange, Inc., 67711-67712 03-30059 Nasdaq Liffe Markets, LLC, 67712-67714 03-30064 National Securities Clearing Corp., 67708, 67714-67715 03-30050 03-30061 National Stock Exchange, 67715-67717 03-30058 New York Stock Exchange, Inc., 67717-67718 03-30063 Options Clearing Corp., 67718 03-30060 Philadelphia Stock Exchange, Inc., 67719-67732 03-30055 03-30062 *Applications, hearings, determinations, etc.:* Big City Radio, Inc., 67705-67706 03-30052 Thai Capital Fund Inc., 67706 03-30053 SBA Small Business Administration NOTICES Disaster loan areas:

Puerto Rico, 67732-67733 03-30097 West Virginia, 67732 03-30098 State State Department NOTICES Meetings: Universal Postal Union— Current issues; briefing, 67733 03-30124 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent regulatory programs for non-Federal and non-Indian lands: State program amendments; procedures and criteria for approval or disapproval, 67775-67780 03-29756 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 67740-67741 03-30093 03-30094 Separate Parts In This Issue Part II Transportation Department, Research and Special Programs Administration, 67745-67773 03-29597 Part III Interior Department, Surface Mining Reclamation and Enforcement Office, 67775-67780 03-29756 Part IV Education Department, 67781-67785 03-30031 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. 68 232 Wednesday, December 3, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003-NE-52-AD; Amendment 39-13381; AD 2003-24-12] RIN 2120-AA64 Airworthiness Directives;

Pratt & Whitney JT9D-3A, -7, -7A, -7F, -7H, -7AH, and -7J Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for Pratt & Whitney

(PW)JT9D-3A, -7, -7A, -7F, -7H, -7AH, and -7J turbofan engines, with gearbox pressure tube, part number (P/N) 697896, and No. 4 bearing front pressure manifold, P/N 670663, installed. This AD requires a one-time visual inspection of the gearbox pressure tube and No. 4 bearing front pressure manifold and the attaching clamp assemblies for correct positioning and for wear and damage, and replacement if necessary. This AD is prompted by a report of a failed gearbox pressure tube that resulted in an engine fire. We are issuing this AD to prevent engine fires caused by failed gearbox pressure tubes or failed No. 4 bearing front pressure manifolds. DATES: This AD becomes effective December 18, 2003. We must receive any comments on this AD by February 2, 2004. 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-52-AD, 12 New England Executive Park, Burlington, MA 01803-5299. • By fax:

(781)238-7055. • By e-mail: *9-ane-adcomment@faa.gov.* 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. FOR FURTHER INFORMATION CONTACT: Keith Lardie, Aerospace Engineer, Aircraft Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park; telephone

(781)238-7189; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: In June of 2003, we became aware that a PW JT9D-7 series turbofan engine gearbox pressure tube failed and caused an engine fire. Investigation revealed that several clamp assemblies that secure the No. 4 bearing front pressure manifold were broken, including some that were missing clamp rubber cushions. Without the clamp rubber cushions, the No. 4 bearing front pressure manifold moved freely due to engine vibration, causing the gearbox pressure tube to fracture, and caused an oil-fed engine fire. A similar failure was reported in 1996, but did not result in a fire. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other PW JT9D-3A, -7, -7A, -7F, -7H, -7AH, and -7J turbofan engines of the same type design. We are issuing this AD to prevent an engine fire caused by a failed gearbox pressure tube. This AD requires a one-time visual inspection of the gearbox pressure tube, P/N 697896, the No. 4 bearing front pressure manifold, P/N 670663, and the attaching clamp assemblies, P/Ns ST1594-06, ST1594-08, and ST1594-10, for correct positioning, for wear and damage, and replacement if necessary. 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 47998, 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. 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-52-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 8:00 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-52-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: 2003-24-12 **Pratt & Whitney:** Amendment 39-13381. Docket No. 2003-NE-52-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective December 18, 2003. Affected ADs

(b)None. Applicability

(c)This AD applies to Pratt & Whitney

(PW)JT9D-3A -7, -7A, -7F, -7H, -7AH, and -7J turbofan engines, with gearbox pressure tube, part number (P/N) 697896, and No. 4 bearing front pressure manifold, P/N 670663, installed. These engines are installed on, but not limited to, Boeing 747-100, -200B, -200C, and -200F airplanes. Unsafe Condition

(d)This AD is prompted by a report of a failed gearbox pressure tube that resulted in an engine fire. We are issuing this AD to prevent engine fires caused by failed gearbox pressure tubes or failed No. 4 bearing front pressure manifolds. Compliance

(e)You are responsible for having the actions required by this AD performed within 250 hours-in-service or at the next shop visit, whichever occurs first, after the effective date of this AD, unless the actions have already been done. One-Time Visual Inspection of Clamp Assemblies

(f)Visually inspect the clamp assemblies, P/Ns ST1594-06, ST1594-08, and ST1594-10, that attach the gearbox pressure tube and the No. 4 bearing front pressure manifold to the engine. Replace clamp assemblies before further flight that are rejected by any of the following rejection criteria:

(1)Droop in the No. 4 bearing front pressure manifold.

(2)Cracks, wear, or distortion in clamp metal.

(3)Clamp cushions that are worn, compacted, cracked, coming apart in chunks, deteriorated, or missing. A reddish powder found around the clamp is an indication of deterioration. One-Time Visual Inspection of Gearbox Pressure Tube and No. 4 Bearing Front Pressure Manifold

(g)Clean any debris and oil from the outer surface of the gearbox pressure tube and No. 4 bearing front pressure manifold and visually inspect the tube and manifold. Repair or replace the affected tube or manifold before further flight if it is rejected by any of the following rejection criteria:

(1)Nicks, chafing, scratches, and or pitting 0.003 inch or greater in depth.

(2)Dents within 0.25 inch of the ferrules or will not permit free passage of a ball having a diameter slightly greater than 80% of the tube or manifold tubing inner diameter.

(3)Corrosion that is unable to be removed by a light polishing.

(4)Tube or manifold is leaking oil. Gearbox Pressure Tube, No. 4 Bearing Front Pressure Manifold, and Clamp Assembly Positioning

(h)If the gearbox pressure tube, No. 4 bearing front pressure manifold, or clamp assemblies are not properly positioned, then correctly position them before further flight, as shown in the following Figure 1 of this AD. BILLING CODE 4910-13-P ER03DE03.007 BILLING CODE 4910-13-C

(i)Information on general inspection of these parts can be found in the Boeing 747 Aircraft Maintenance Manual, section 72-00-00, and in PW Standard Practices Manual, P/N 585005. Reporting Requirements

(j)Report within 30 calendar days of the inspection, the results that equal or exceed the reject criteria to: Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone

(781)238-7189; fax

(781)238-7199. Reporting requirements have been approved by the Office of Management and Budget control number 2120-0056. Alternative Methods of Compliance

(k)The Manager, Engine 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

(l)None. Related Information

(m)None. Issued in Burlington, Massachusetts, on November 25, 2003. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 03-30073 Filed 12-2-03; 8:45 am]

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