Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-06-17.xml --- 69 116 Thursday, June 17, 2004 Contents Agricultural Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 33883 04-13691 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 33904-33905 04-13710 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Chemical Chemical Safety and Hazard Investigation Board PROPOSED RULES Administrative claims; monetary damages filed under Federal Tort Claims Act, 33879-33882 04-13711 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Developmental disabilities programs— Family Support 360 Program and information and referral centers for youth emerging as leaders, 33905-33923 04-13509 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Connecticut, 33884 04-13720 Coast Guard Coast Guard RULES Boating safety: Country of origin codes and hull identification numbers, 33858-33860 04-13609 Drawbridge operations: Florida, 33854-33856 04-13608 Outer Continental Shelf activities: Gulf of Mexico; safety zones, 33856-33858 04-13601 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity Exchange Act:

Speculative position limits, 33874-33878 04-13678 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-13613 33886-33887 04-13614 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals; correction, 34012 C4-12098 Grants and cooperative agreements; availability, etc.: Community economic assistance for advance planning, 33887-33888 04-13612 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 33888-33890 04-13651 04-13652 04-13653 Postsecondary education:

Federal Pell Grant, Perkins Loan, Work-Study, Supplemental Educational Opportunity Grant, Family Education Loan et al. programs Federal need analysis methodology for 2005-2006 award year, 33890-33895 04-13722 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 33895-33896 04-13796 04-13797 Employment Employment and Training Administration NOTICES Adjustment assistance: Cequent Trailer Products, 33940 04-13596 Chart Industries, Inc., et al., 33940-33943 04-13597 Medtronic Vascular et al., 33943-33945 04-13595 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Radionuclides other than radon from DOE facilities and from Federal facilities other than NRC licensees and not covered by Subpart H Correction, 33865-33866 04-13679 Air programs: Stratospheric ozone protection— HCFC production, import, and export; allowance system, 34023-34033 04-13680 Air quality implementation plans; approval and promulgation; various States: Florida, 33860-33862 04-13682 Georgia, 33862-33864 04-13683 PROPOSED RULES Air programs: Stratospheric ozone protection— HCFC production, import, and export; allowance system, 34033-34041 04-13681 Water programs:

Oil pollution prevention and response; non-transportation-related onshore and offshore facilities, 34013-34017 04-13684 NOTICES Committees; establishment, renewal, termination, etc.: Science Advisory Board, Clean Air Scientific Committee, and Clean Air Compliance Analysis Advisory Council, 33900-33901 04-13687 Meetings: Forum on State and Tribal Toxics Action, 33901-33902 04-13688 Water pollution control: Clean Water Act— Kartchner, Paul B. and Susan D.; administrative consent agreement, 33903 04-13685 FAA Federal Aviation Administration RULES Airworthiness directives:

Aerospatiale, 33834-33836 04-13499 Boeing, 33837-33839 04-13497 Dornier, 33836-33837 04-13498 McDonnell Douglas, 33833-33834 04-13222 PROPOSED RULES Airworthiness directives: Dassault, 33872-33874 04-13702 NOTICES Antenna structures; construction, marking, and lighting: Certified aviation obstruction/antenna structure lighting systems; non-original equipment manufacturers’ components use; policy letter, 33996 04-13718 Technical standard orders: Night vision goggles, 33996-33997 04-13717 FCC Federal Communications Commission RULES Television broadcasting:

Broadcast auxiliary service rules, 33869-33871 04-12945 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 33903 04-13763 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Cheyenne Plains Gas Pipeline Co., L.L.C., 33898-33900 E4-1348 Meetings: Sabine Pass, Golden Pass, Port Arthur LNG, Corpus Christi, Vista del Sol, Ingle Side; site visits, 33900 E4-1351 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 33896 E4-1347 ANR Storage Co., 33896-33897 E4-1352 CenterPoint Energy-Mississippi River Transmission Corp., 33897 E4-1349 EnerNOC, Inc., 33897-33898 E4-1354 PJM Interconnection, L.L.C., 33898 E4-1353 Southern Natural Gas Co., 33898 E4-1350 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 33903-33904 04-13594 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 33945 04-13787 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Aurandt, Robert L., et al.; vision requirement exemption applications, 33997-34000 04-13719 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 33904 04-13605 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Atlantic salmon;

Gulf of Maine distinct population segment, 33932 04-13707 Endangered and threatened species and marine mammal permit applications, 33931 04-13704 Endangered and threatened species permit applications, 33931-33932 04-13706 04-13707 Marine mammal permit applications, 33932-33933 04-13703 Meetings: North American Wetlands Conservation Council, 33933 04-13705 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Acepromazine maleate injectable solution, 33839-33840 04-13602 Levamisole powder for oral solution Correction, 33839 04-13603 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Michigan; correction, 33884 04-13712 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Colville, 33883 04-13708 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals; correction, 34012 C4-12098 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 33933 04-13599 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 See Substance Abuse and Mental Health Services Administration RULES Health care programs; fraud and abuse:

Healthcare Integrity and Protection Data Bank; data collection reporting requirements, 33866-33869 04-13675 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Public and Indian housing: Indian Housing Block Grant Program; minimum funding extension, 34019-34021 04-13721 Indian Indian Affairs Bureau NOTICES Natural resource damage assessments; availability, etc.: Midnite Uranium Mine, WA; injury determination, 33934-33935 04-13672 Inspector Inspector General Office, Health and Human Services Department RULES Health care programs; fraud and abuse:

Healthcare Integrity and Protection Data Bank; data collection reporting requirements, 33866-33869 04-13675 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes: Modified accelerated cost recovery system property acquired in like-kind exchange or as result of involuntary conversion; depreciation Changes in use, 33840-33848 04-13723 International International Trade Administration NOTICES Antidumping:

Industrial nitrocellulose from— Various countries, 33884-33886 04-13713 International International Trade Commission NOTICES Import investigations: Ironing tables and parts from— China, 33938 04-13616 Purified carboxymethylcellulose from— Various countries, 33938-33939 04-13615 Justice Justice Department NOTICES Pollution control; consent judgments: Atofina Chemicals, Inc. and General Metals of Tacoma, Inc., 33939-33940 04-13693 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33940 04-13598 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Ten Mile Rim Coal Tract, WY; Federal coal lease, 33935-33936 04-13670 West Hay Creek LBA Tract, WY; Federal coal lease, 33936-33937 04-13669 Meetings: Resource Advisory Councils— Front Range, 33937 04-13709 Public land orders: Alabama, 33937-33938 04-13666 Michigan, 33938 04-13667 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: DANA A, 34000-34001 04-13643 FREE N CLEAR, 34001 04-13647 ISLAND PARADISE, 34001-34002 04-13644 ISLE OF CREOLA, 34002 04-13648 OFF CALL, 34002 04-13649 OSPREY, 34002-34003 04-13645 SEA HAWK, 34003 04-13650 WILLIAM H ALBURY, 34003-34004 04-13646 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals; correction, 34012 C4-12098 Terrorist National Commission on Terrorist Attacks Upon the United States NOTICES Hearings, 33945-33946 04-13733 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34004-34005 04-13610 Grants and cooperative agreements; availability, etc.: Model impaired driving records information system demonstration, 34005-34010 04-13611 NIH National Institutes of Health NOTICES Environmental statements; availability, etc.:

Rocky Mountain Laboratories, Hamilton, MT; Integrated Research Facility, 33923-33926 04-13642 Inventions, Government-owned; availability for licensing, 33926 04-13641 Meetings: National Cancer Institute, 33927 04-13654 04-13663 04-13664 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 33928 04-13656 National Institute of Dental and Craniofacial Research, 33928-33929 04-13658 National Institute of Diabetes and Digestive and Kidney Diseases, 33929 04-13660 National Institute of Mental Health, 04-13661 33929-33930 04-13662 National Institute on Aging, 33928 04-13657 Scientific Review Center, 33930 04-13659 National Mediation National Mediation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 33946 04-13606 Nuclear Nuclear Regulatory Commission NOTICES Comprehensive Decommissioning Program:

Site Decommissioning Management Plan; designation eliminated, 33946-33947 04-13665 Occupational Occupational Safety and Health Review Commission PROPOSED RULES Practice and procedure: Procedure rules; revisions, 33878-33879 04-13607 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent: Basin Electric Power Cooperative, Inc., 33883-33884 04-13692 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 33947-33948 04-13632 Meetings;

Sunshine Act, 33948 04-13901 Securities: Foreign securities submitting information under exemption; list, 33948-33958 04-13696 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 33958-33962 04-13695 Boston Stock Exchange, Inc., 33962-33964 04-13637 Emerging Markets Clearing Corp., 33964-33966 04-13634 04-13635 International Securities Exchange, Inc., 33966-33968 04-13638 National Association of Securities Dealers, Inc., 33968-33984 04-13633 04-13639 04-13640 New York Stock Exchange, Inc., 33984-33995 04-13694 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Center for Mental Health Services National Advisory Council, 33930-33931 04-13676 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Maryland, 33848-33850 04-13674 West Virginia, 33851-33854 04-13673 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Transportation Statistics Bureau NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 33995 04-13715 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 33996 04-13716 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34010-34011 04-13714 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 34013-34017 04-13684 Part III Housing and Urban Development Department, 34019-34021 04-13721 Part IV Environmental Protection Agency, 34023-34041 04-13680 04-13681 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. 69 116 Thursday, June 17, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003-NM-75-AD; Amendment 39-13668; AD 2004-12-09] RIN 2120-AA64 Airworthiness Directives;

McDonnell Douglas Model MD-11 and -11F Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment supersedes an existing airworthiness directive (AD), applicable to certain McDonnell Douglas Model MD-11 airplanes, that currently requires, among other actions, replacement of the existing air driven generator

(ADG)wire assembly in the right air conditioning compartment with a certain new wire assembly. This amendment requires replacement of the ADG wiring and two associated clamps; inspection of the ADG wiring for correct wire identification, riding, and damage, and inspection of the associated routing/clamps for correct installation; and corrective actions if necessary. The actions specified by this AD are intended to prevent loss of the charging capability of the airplane battery due to chafing. Loss of the charging capability of the airplane battery, coupled with a loss of all normal electrical power, could prevent continued safe flight and landing of the airplane. This action is intended to address the identified unsafe condition. DATES: Effective July 22, 2004. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 22, 2004. ADDRESSES: The service information referenced in this AD may be obtained from Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024). This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call

(202)741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5350; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) by superseding AD 2001-17-12, amendment 39-12403 (66 FR 44034, August 22, 2001), which is applicable to certain McDonnell Douglas Model MD-11 and -11F airplanes, was published in the **Federal Register** on April 1, 2004 (69 FR 17107). The action proposed to require replacement of the air driven generator

(ADG)wiring and two associated clamps; inspection of the ADG wiring for correct wire identification, riding, and damage, and inspection of the associated routing/clamps for correct installation; and corrective actions if necessary. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. Conclusion The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. Cost Impact There are approximately 195 airplanes of the affected design in the worldwide fleet. The FAA estimates that 81 airplanes of U.S. registry will be affected by this AD. The following table shows the estimated cost impact for airplanes affected by this AD. The average labor rate is $65 per work hour. Cost Estimate For Airplanes identified in the Service Bulletin as— Work hours— Parts cost— Per airplane cost— Group 1 2 $1,085 $1,215 Group 2 1

(None)65 Group 3 1

(None)65 The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. The manufacturer may cover the cost of replacement parts associated with this AD, subject to warranty conditions. Manufacturer warranty remedies may also be available for labor costs associated with this AD. As a result, the costs attributable to the AD may be less than stated above. Regulatory Impact 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. 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 final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by removing amendment 39-12403 (66 FR 44034, August 22, 2001), and by adding a new airworthiness directive (AD), amendment 39-13668, to read as follows: **2004-12-09** **McDonnell Douglas:** Amendment 39-13668. Docket 2003-NM-75-AD. Supersedes AD 2001-17-12, Amendment 39-12403. *Applicability:* Model MD-11 and -11F airplanes, as listed in Boeing Service Bulletin MD11-24-128, Revision 05, dated June 3, 2003; certificated in any category. *Compliance:* Required as indicated, unless accomplished previously. To prevent loss of the battery charging capability of the air driven generator (ADG), that when coupled with a loss of all normal electrical power, could prevent continued safe flight and landing of the airplane, accomplish the following: Replace, Tighten, Inspect, and Identify; as Applicable

(a)Within 1 year after the effective date of this AD, do the actions specified in paragraph (a)(1), (a)(2), or (a)(3) of Table 1 of this AD, as applicable, per the Accomplishment Instructions of Boeing Service Bulletin MD11-24-128, Revision 05, dated June 3, 2003. Table 1.—Replace, Tighten, Inspect, and Identify; As Applicable For airplanes identified in the Service Bulletin as— Action(s)—

(1)Group 1

(i)Replace the ADG wiring assembly located on the transformer panel at station Y=568.333 in the right air conditioning compartment with a new wire assembly.

(ii)Replace the associated clamps and screws of the ADG wire assembly with new clamps and screws.

(iii)Torque the terminal hardware to the limits specified in the service bulletin.

(2)Group 2 Do a general visual inspection of the ADG wire installation for damage/riding and correct clamping/routing.

(3)Group 3 Do a general visual inspection of the ADG wiring assembly for correct wire identification and/or damage. Corrective Actions

(b)If any discrepancy is found during the general visual inspection required by either paragraph (a)(2) or (a)(3) of this AD, before further flight, accomplish applicable corrective actions per the Accomplishment Instructions of Boeing Service Bulletin MD11-24-128, Revision 05, dated June 3, 2003. Alternative Methods of Compliance

(c)In accordance with 14 CFR 39.19, the Manager, Los Angeles Aircraft Certification Office, FAA, is authorized to approve alternative methods of compliance (AMOCs) for this AD. Incorporation by Reference

(d)The actions shall be done in accordance with Boeing Service Bulletin MD11-24-128, Revision 05, dated June 3, 2003. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024). Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call

(202)741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Effective Date

(e)This amendment becomes effective on July 22, 2004. Issued in Renton, Washington, on June 3, 2004. Franklin Tiangsing, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04-13222 Filed 6-16-04; 8:45 am]

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