Unknown. Final rule

3,308 words·~15 min read·/register/2004/08/02/04-17370

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-08-02.xml --- 69 147 Monday, August 2, 2004 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards: Honduras Ministry of Health, 46146 04-17483 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46146-46147 04-17453 Coast Guard Coast Guard RULES Ports and waterways safety:

Potomac River, Charles County, MD; safety zone, 46099-46101 04-17530 Susquehanna River, PA— Three Mile Island Generating Station; security zone, 46101-46103 04-17528 PROPOSED RULES Ports and waterways safety: Chesapeake Bay, Patapsco and Severn Rivers, MD; safety zone, 46122-46124 04-17529 NOTICES Pollution: Phase-out of existing single hull tank vessels; MARPOL 73/78 amendments; U.S. position, 46172 04-17527 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 46133 04-17456 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Caribbean Basin Trade Partnership Act; short supply requests— 100 percent cotton woven flannel fabrics for use in apparel, 46137-46138 04-17642 Customs Customs and Border Protection Bureau NOTICES Customhouse broker license cancellation, suspension, etc.: PCI Import Services et al., 46172-46173 04-17496 Sindik, Emmett, et al., 46173 04-17495 Defense Defense Department PROPOSED RULES Acquisition regulations: Overseas contracts; tax procedures, 46129-46130 04-17471 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46138 04-17472 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 46138-46139 04-17520 04-17521 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 46139-46140 04-17696 EPA Environmental Protection Agency RULES Air pollution control: State operating permit programs— Nevada, 46106-46108 04-17497 Air quality implementation plans; approval and promulgation; various States: New Jersey, 46104-46106 04-17371 PROPOSED RULES Air pollution control: State operating permit programs— Nevada, 46128 04-17498 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Maryland, 46124-46128 04-17499 NOTICES Air pollution control: Federal operating permit approvals— Transwestern Pipeline Co. et al., 46140 04-17501 Committees; establishment, renewal, termination, etc.: Good Neighbor Environmental Board, 46140-46141 04-17503 Reports and guidance documents; availability, etc.: Preparing vessels intended to create artificial reefs; best management practices, 46141-46144 04-17502 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Agusta S.p.A., 46096-46098 04-17369 Sikorsky, 46095-46096 04-17370 PROPOSED RULES Class D airspace, 46116-46117 04-17531 Restricted areas, 46117 04-17406 NOTICES Environmental statements; record of decision: Cleveland Hopkins International Airport, OH; avigation easement and tree trimming/removal, 46200-46201 04-17533 Meetings: Chicago O’Hare International Airport, IL; flight schedule reductions; information request, 46201-46204 04-17525 Passenger facility charges; applications, etc.:

Kansas City International Airport, MO, 46204 04-17534 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Idaho, 46108 04-17244 PROPOSED RULES Digital television stations; table of assignments: Washington, 46128-46129 04-17246 NOTICES Meetings; Sunshine Act, 46144-46145 04-17646 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46204-46205 04-17538 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 46145 04-17470 Formations, acquisitions, and mergers, 46145 04-17469 Fish Fish and Wildlife Service NOTICES Meetings: Hanford Reach National Monument Federal Planning Advisory Committee, 46178-46179 04-17482 Food Food and Drug Administration RULES Committees; establishment, renewal, termination, etc.: Pediatric Advisory Committee, 46098-46099 04-17543 PROPOSED RULES Human drugs: Nasal decongestant drug products (OTC); final monograph amendment, 46119-46122 04-17445 NOTICES Animal drug user fee rates and payment procedures, 46147-46151 04-17441 Committees; establishment, renewal, termination, etc.:

Pediatric Advisory Committee, 46153 04-17542 Pediatric Advisory Committee; public advisory panels or committees— Voting and nonvoting members, 46151-46152 04-17541 Medical device user fee rates, 46153-46156 04-17440 Meetings: Medical Devices Advisory Committee, 46156-46157 04-17446 Memorandums of understanding: Harvard-Massachusetts Institute of Technology Division of Health Sciences and Technology; scientific research and education; collaborative partnership, 46157 04-17513 Lawrence Livermore National Laboratory, University of California; research, development, and emergency triage response efforts; collaborative framework, 46157-46165 04-17511 Prescription drug user fee rates, 46165-46168 04-17442 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 46131-46132 04-17484 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 46132-46133 04-17462 Meetings:

Resource Advisory Committees— Mendocino County, 46133 04-17526 Southwest Idaho, 46133 04-17480 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46145-46146 04-17454 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 46171-46172 04-17536 Housing Housing and Urban Development Department PROPOSED RULES Mortgage and loan insurance programs:

Multifamily rental projects and health care facilities; revisions, 46209-46213 04-16782 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46173-46175, 46213-46323 04-17514 04-17516 Mortgagee Review Board; administrative actions, 46175-46178 04-17515 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 46133-46134 04-17457 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 46208 04-17451 International International Trade Administration NOTICES Antidumping and countervailing duties:

Five-year (sunset) reviews— Initiation of reviews, 46134-46135 04-17567 International International Trade Commission NOTICES Import investigations: Lens-fitted film packages, 46179-46180 04-17473 Melamine from— Japan, 46180-46182 04-17569 Petroleum wax candles from— China, 46182-46184 04-17568 Shifts in U.S. Merchandise Trade; 2004 report; Web site update, 46184-46185 04-17537 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Lower Snake River District, 46179 04-17481 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Drummond Co., Inc., et al., 46185-46186 04-17452 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46186-46187 04-17485 National Credit National Credit Union Administration PROPOSED RULES Credit unions: Conversion of insured credit unions to mutual savings banks; information disclosure, 46111-46116 04-17463 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Exemption petitions, etc.— Honda Motor Co., Ltd., et al., 46205-46208 04-17535 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 46168-46171 04-17466 04-17467 04-17468 Patent licenses; non-exclusive, exclusive, or partially exclusive: Panacea Biotech Ltd., 46171 04-17465 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Other rockfish, 46108-46109 04-17517 Shortraker and rougheye rockfish, 46109 04-17518 NOTICES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Red snapper; scoping meetings, 46135 04-17523 Permits: Scientific research, 46135-46136 04-17524 Nuclear Nuclear Regulatory Commission PROPOSED RULES Production and utilization facilities; domestic licensing: Loss-of-coolant accidents; risk-informed changes; technical requirements, 46110-46111 04-17477 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46187 04-17478 Environmental statements; availability, etc.:

Nuclear Management Co., LLC, 46187-46188 04-17476 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Committees; establishment, renewal, termination, etc.: Patent Public Advisory Committee and Trademark Public Advisory Committee, 46136-46137 04-17512 Presidential Presidential Documents ADMINISTRATIVE ORDERS Defense, Department of: Democratic and Republican national conventions, National Guard support for, 46395-46397 04-17555 SEC Securities and Exchange Commission RULES Investment companies:

Investment company governance practices, 46377-46393 04-17460 PROPOSED RULES Regulatory Flexibility Act: Rules to be reviewed; list, 46117-46119 04-17459 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46188-46189 04-17487 Public Company Accounting Oversight Board: Auditing and related professional practice standards; proposed rule filed, 46189-46192 04-17461 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 46192-46193 04-17493 Boston Stock Exchange, Inc., 46193-46194 04-17494 Chicago Stock Exchange, Inc., 46195 04-17490 National Association of Securities Dealers, Inc., 46195-46197 04-17489 04-17492 New York Stock Exchange, Inc., 46197-46199 04-17491 State State Department NOTICES Export-Import Bank Act of 1945; approvals and disapprovals; determinations:

Colombia, 46199 04-17519 Gifts to Federal employees from foreign governments; list, 46325-46376 04-16971 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Harmonized Tariff Schedule: Chile; sugar and sugar-containing products; trade surplus determination, 46199-46200 04-17474 Tariff-rate quota amount determinations: Raw cane sugar, refined sugar and sugar-containing products, 46200 04-17475 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 46209-46323 04-16782 04-16783 Part III State Department, 46325-46376 04-16971 Part IV Securities and Exchange Commission, 46377-46393 04-17460 Part V Executive Office of the President, Presidential Documents, 46395-46397 04-17555 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. 69 147 Monday, August 2, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003-SW-35-AD; Amendment 39-13756; AD 2004-15-22] RIN 2120-AA64 Airworthiness Directives;

Sikorsky Aircraft Corporation Model S-61L, S-61N, S-61-NM, and S-61R Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive

(AD)for the specified Sikorsky Aircraft Corporation (Sikorsky) model helicopters that requires installing a Number 5 bearing chip detector in each engine, installing an on-board chip detector annunciation system, and revising the Rotorcraft Flight Manual

(RFM)to add procedures for crew response to an on-board chip detector annunciation. This amendment is prompted by reports of the failure of the engine's Number 5 bearing that resulted in erratic movement of the high-speed engine-to-transmission shaft (shaft), oil leakage, an in-flight fire and an emergency landing. The actions specified by this AD are intended to detect an impending engine bearing (bearing) failure, which, if undetected and not addressed by appropriate crew action, may result in oil leakage, severing of the shaft housing, an uncontained in-flight fire, and a subsequent emergency landing. DATES: Effective September 7, 2004. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of September 7, 2004. ADDRESSES: The service information referenced in this AD may be obtained from Sikorsky Aircraft Corporation, Attn: Manager, Commercial Tech Support, 6900 Main Street, Stratford, Connecticut 06614, phone

(203)386-3001, fax

(203)386-5983; and from GE Aircraft Engines Customer Support Center, M/D 285, 1 Neumann Way, Evendale, OH 45215, telephone

(513)552-3272; fax

(513)552-3329, email *GEAE.csc@ae.ge.com.* This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; 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: Kirk Gustafson, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803, telephone

(781)238-7190, fax

(781)238-7170. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to include an AD for the specified model helicopters was published in the **Federal Register** on November 24, 2003 (68 FR 65857). That action proposed to require, within 60 days, installing a chip detector for the No. 5 bearing, installing an on-board chip detector annunciation system, and revising the RFM to add procedures for crew response to an on-board chip detector annunciation. Prior to issuing the proposal, Sikorsky had issued Alert Service Bulletin

(ASB)No. 61B30-15, dated June 9, 2003, which describes procedures for installing an on-board cockpit annunciation system that interfaces with the engine chip detectors, as a means to detect metallic chips if deterioration of the Number 5 bearing in either engine occurs. The FAA proposed to incorporate portions of that service information into the AD. Also, General Electric Aircraft Engines has issued GE Aircraft Engines CT58 Service Bulletin Number 72-0195, dated May 1, 2003, which describes procedures for installing an electrical chip detector (either part number 3018T72P01 or 3049T42P01) in the CT58 engine power turbine accessory drive assembly. Since issuing the proposal, Sikorsky has issued ASB No. 61B30-15, Revision A, dated October 20, 2003, which specifies the same procedure, but revises a part number, corrects the drawing, and clarifies the location for the warning light. Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. The one commenter, the manufacturer, submitted several comments regarding the NPRM. Because Sikorsky has issued a revised ASB to correct minor errors including a part number, a drawing, and installation instructions, they suggest the AD should reference the revised ASB rather than the previously issued ASB. They also suggest that we change the AD to allow use of later, FAA-approved revisions of the ASB to accomplish the AD. The FAA partially agrees. The FAA will not include language that would allow compliance using “later FAA-approved revisions” of an ASB; however, individual owners and operators may request an alternate method of compliance

(AMOC)that would allow use of future revisions of the ASB to comply with the AD. Regarding the revision to the current ASB, the FAA agrees the AD should reference the most recent, correct ASB, and the AD reflects that change. The same commenter proposes that we change the unsafe condition language in the Summary and Discussion sections of the AD. The commenter states, “The installation of the chip detector and warning light will not PREVENT a bearing failure as stated. Its purpose is solely for the detection of a deteriorating bearing and to notify the crew such that appropriate action can be taken.” The FAA agrees that the chip detector and warning light do not prevent a bearing failure, in that the system inherently depends on early stages of bearing deterioration to trigger the warning system. However, the unsafe condition results from advanced stages of bearing deterioration (complete bearing failure), and this condition may be prevented by providing the crew with emergency procedures that include, if practical, shutting down the affected engine and transitioning to single engine flight when the bearing experiences these early stages of deterioration. The same commenter states the cost impact estimate stated in the NPRM is inaccurate. The commenter states the cost of parts is $2,600, resulting in a cost-per-helicopter of $7,897, or a total fleet cost of $165,847. The FAA agrees with the revised costs and we have changed the economic analysis accordingly. After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes described previously. The FAA has determined that these changes will not increase the scope of the AD. Also, we have determined that an increase in estimated costs of $659 per helicopter does not constitute a substantial increase of the economic burden on any operator. The FAA estimates that this AD will affect 21 helicopters of U.S. registry, and the required actions will take approximately 81.5 work hours per helicopter to accomplish at an average labor rate of $65 per work hour. Required parts will cost approximately $2,600 per helicopter. Based on these figures, the total estimated cost impact of the AD on U.S. operators is $7,897 per helicopter, or $165,847 for the entire fleet. 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 adding a new airworthiness directive to read as follows: **2004-15-22 Sikorsky Aircraft Corporation:** Amendment 39-13756. Docket No. 2003-SW-35-AD. *Applicability:* Model S-61L, S-61N, S-61-NM, and S-61R helicopters, certificated in any category. *Compliance:* Required within 60 days, unless accomplished previously. To detect an impending engine bearing (bearing) failure, which, if undetected and not addressed by appropriate crew action, may result in oil leakage, severing of the shaft housing, an uncontained in-flight fire, and a subsequent emergency landing, accomplish the following:

(a)Install an engine chip detector, part number 3049T42P01 or 3018T72P01, in the engine power turbine accessory drive assembly using the Accomplishment Instructions, paragraphs 3.A. and 3.B., in General Electric Aircraft Engines CT58 Service Bulletin Number 72-0195, dated May 1, 2003.

(b)Install an on-board engine chip detector annunciation system using Sikorsky Aircraft Corporation Alert Service Bulletin No. 61B30-15, Revision A. dated October 20, 2003 (ASB). For helicopters with a master warning caution panel

(MWCP)manufactured by United Controls or Sundstrand Data, install in accordance with paragraph 3.B. of the ASB. For helicopters with a MWCP manufactured by Grimes Mfg., install in accordance with paragraph 3.C. of the ASB.

(c)After accomplishing paragraph

(b)of this AD, before further flight, perform a functional test of the engine chip detector system and repeat the functional test at intervals not to exceed 150 hours TIS using the Accomplishment Instructions, paragraph 3.D., of the ASB.

(d)Insert the emergency procedures for an on-board engine chip detector warning light illumination into the Emergency Procedures section of the applicable Rotorcraft Flight Manual using the Accomplishment Instructions, paragraph 3.E., of the ASB.

(e)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Boston Aircraft Certification Office, Engine and Propeller Directorate, FAA, for information about previously approved alternative methods of compliance.

(f)The actions, including installations, testing, and inserting information into the Rotorcraft Flight Manual, shall be done in accordance with General Electric Aircraft Engines CT58 Service Bulletin Number 72-0195, dated May 1, 2003; and Sikorsky Aircraft Corporation Alert Service Bulletin No. 61B30-15, Revision A. dated October 20, 2003. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Sikorsky Aircraft Corporation, Attn: Manager, Commercial Tech Support, 6900 Main Street, Stratford, Connecticut 06614, phone

(203)386-3001, fax

(203)386-5983; and from GE Aircraft Engines Customer Support Center, M/D 285, 1 Neumann Way, Evendale, OH 45215, telephone

(513)552-3272; fax

(513)552-3329, e-mail *GEAE.csc@ae.ge.com.* Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; 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.*

(g)This amendment becomes effective on September 7, 2004. Issued in Fort Worth, Texas, on July 22, 2004. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 04-17370 Filed 7-30-04; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

CFR