Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-08-23.xml --- 69 162 Monday, August 23, 2004 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: 2005 White House Conference on Aging Policy Committee, 51842-51843 04-19209 04-19210 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Air Force Air Force Department NOTICES Environmental statements; notice of intent:

Nellis Air Force Base, NV; stationing of F35 tactical fighter aircraft, 51814-51815 04-19198 Privacy Act: Systems of records, 51815-51816 04-19184 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 51796-51797 04-19236 04-19237 Meetings: Genetically engineered crops confinement during field testing; workshop, 51797-51798 04-19235 Army Army Department See Engineers Corps NOTICES Privacy Act:

Systems of records, 51816-51818 04-19186 04-19187 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 51843-51847 04-19215 04-19216 04-19217 04-19218 Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus— Adopting and Demonstrating the Adaptation of Prevention Techniques Program, 51847-51851 04-19225 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51851-51852 04-19256 Coast Guard Coast Guard RULES Ports and waterways safety:

Norwalk River, Norwalk, CT; safety zone, 51767-51769 04-19280 PROPOSED RULES Ports and watersways safety: Wiscasset, ME; safety zone, 51785-51787 04-19251 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51799 04-19272 Defense Defense Department See Air Force Department See Army Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulation (FAR):

Bid bonds; powers of attorney, 51935-51937 04-19234 NOTICES Privacy Act: Systems of records, 51813-51814 04-19183 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, 51822-51825 04-19277 Fulbright-Hays Faculty Research Abroad Fellowship Program, 51818-51821 04-19276 Postsecondary Education Improvement Fund; workshops, 51818 04-19275 Employment Employment and Training Administration NOTICES Adjustment assistance:

C-Cor Corp., 51862 04-19099 Energy Energy Department NOTICES Energy Employees Occupational Illness Compensation Program Act; list of covered facilities, 51825-51831 04-19228 Meetings: Environmental Management Site-Specific Advisory Board— Nevada Test Site, NV, 51831 04-19227 Engineers Engineers Corps PROPOSED RULES Danger zones and restricted areas: Fort Wainwright, AK; Small Arms Complex, 51788 04-19229 EPA Environmental Protection Agency RULES Water pollution; effluent guidelines for point source categories:

Concentrated aquatic animal production facilities, 51891-51930 04-15530 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51831-51832 04-19149 Grants and cooperative agreements; availability, etc.: National Pesticide Information Center and National Pesticide Medical Monitoring Program, 51832-51841 04-19232 Meetings: Pesticide Program Dialogue Committee, 51841 04-19339 Reports and guidance documents; availability, etc.: Particulate matter; air quality criteria, 51841-51842 04-19323 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Transport airplane fuel tank systems; special maintenance program requirements; compliance extension; aging airplane program update, 51939-51941 04-19252 Airworthiness directives: Grob-Werke GmbH & Co. KG, 51761-51763 04-18997 Standard instrument approach procedures, 51763-51765 04-19160 NOTICES Exemption petitions; summary and disposition, 51878-51879 04-19253 04-19254 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 51842 E4-1880 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 51857-51858 04-19204 Disaster and emergency areas:

Florida, 51858 04-19206 04-19207 Kansas, 51858 04-19208 Michigan, 51859 04-19205 Federal Law Federal Law Enforcement Training Center NOTICES Meetings: National Center for State and Local Law Enforcement Training Advisory Committtee, 51856-51857 04-19211 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51879-51880 04-19255 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 51842 04-19202 Food Food and Drug Administration RULES Medical devices: Dental devices— Gold-based alloys, precious metal alloys, and base metal alloys; special controls designation, 51765-51766 04-19178 NOTICES Human drugs: Antidiarrheal ingredient (OTC); safety and efficacy review, 51852-51853 04-19180 Meetings: Pscychopharmacologic Drugs Advisory Committee and Pediatric Advisory Committee, 51853 04-19224 Memorandums of understanding: Harvard-Massachusetts Institute of Technology Division of Health Sciences and Technology; scientific research and education; collaborative partnership Correction, 51884-51889 C4-17513 Reports and guidance documents; availability, etc.:

Global Hamonization Task Force Study Groups; proposed documents, 51853-51854 04-19181 Medical devices— Dental noble metal alloys and base metal alloys; Class II special controls, 51854-51855 04-19179 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Lassen County, 51798 04-19212 Lincoln County, 51799 04-19213 North Central Idaho, 51799 04-19274 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Bid bonds; powers of attorney, 51935-51937 04-19234 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Meetings:

Interdisciplinary, Community-Based Linkages Advisory Committee, 51855-51856 04-19242 Rural Health and Human Services National Advisory Committee, 51856 04-19241 Homeland Homeland Security See Federal Law Enforcement Training Center Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Mortgage and loan insurance programs: Multifamily mortgage insurance premiums; changes, 51931-51933 04-19221 Industry Industry and Security Bureau NOTICES Meetings:

Transportation and Related Equipment Technical Advisory Committee, 51799-51800 04-19273 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Qualified dividend income; time and manner of making election to treat as investment income; cross-reference Correction, 51889 C4-17797 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51880-51883 04-19262 04-19263 04-19264 04-19265 International International Trade Administration NOTICES Antidumping:

Chloropicrin from— China, 51811-51812 04-19279 Countervailing duties: Live swine from— Canada, 51800-51811 04-19278 *Applications, hearings, determinations, etc.:* North Carolina State University, 51812 04-19271 University of— California, Santa Cruz, 51812 04-19269 International International Trade Commission NOTICES Import investigations: Automotive devices, products containing same, and bezels for such devices, 51861 04-19201 Outboard engines from— Japan, 51859-51861 04-19248 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51861-51862 04-19196 Maritime Maritime Administration RULES Coastwise trade laws; administrative waivers for eligible vessels, 51769-51774 04-18861 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Alaska OCS— Oil and gas operations, 51859 04-19226 Mine Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health: Underground mines— High-voltage continuous mining machines; electrical safety standards; low- and medium-voltage diesel-powered electrical generators; hearings, 51784-51785 04-19190 NOTICES Safety standard petitions: Mississippi Lime Co. et al., 51862-51863 04-19191 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Bid bonds; powers of attorney, 51935-51937 04-19234 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 51863-51864 04-19222 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals: Incidental taking— Atlantic Large Whale Take Reduction Plan, 51774-51776 04-19270 NOTICES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 51812-51813 E4-1881 National Park National Park Service PROPOSED RULES Special regulations:

Fire Island National Seashore, NY; personal watercraft use, 51788-51795 04-19189 National Women's National Women's Business Council NOTICES Meetings; Sunshine Act, 51878 04-19303 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Control rod scram times for General Electric boiling water reactors; model safety evaluation on technical specifications improvement, 51864-51867 04-19203 Personnel Personnel Management Office NOTICES Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 51867-51868 04-19250 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 51869 04-19246 Chicago Stock Exchange, Inc., 51870-51872 04-19244 Emerging Markets Clearing Corp., 51872-51873 04-19247 National Association of Securities Dealers, Inc., 51873-51876 04-19243 04-19245 SBA Small Business Administration NOTICES Disaster loan areas:

Florida, 51877 04-19192 Indiana, 51877 04-19194 Kansas, 51876 04-19193 Meetings: District and Regional Advisory Councils— District of Columbia, 51877-51878 04-19200 Florida, 51877 04-19199 Social Social Security Administration PROPOSED RULES Social security benefits: Federal old-age, survivors, and disability insurance— Genitourinary impairments evaluation; revised medical criteria, 51777-51784 04-19188 State State Department NOTICES Art objects; importation for exhibition: Pontormo, Bronzino, and the Medici:

The Transformation of the Renaissance Portrait in Florence, 51878 04-19268 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Roaring Fork Railroad Holding Authority, 51880 04-19238 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board Treasury Treasury De partment See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 51891-51930 04-15530 Part III Housing and Urban Development Department, 51931-51933 04-19221 Part IV Defense Department;

General Services Administration; National Aeronautics and Space Administration, 51935-51937 04-19234 Part V Transportation Department, Federal Aviation Administration, 51939-51941 04-19252 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. 69 162 Monday, August 23, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2004-CE-10-AD;

Amendment 39-13776; AD 2004-17-04] RIN 2120-AA64 Airworthiness Directives; Grob-Werke Gmbh & Co KG Models G102 CLUB ASTIR III, G102 CLUB ASTIR IIIb, and G102 STANDARD ASTIR III Sailplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA supersedes Airworthiness Directive

(AD)2001-26-25, which applies to all Grob-Werke Gmbh & Co KG

(Grob)Models G102 CLUB ASTIR III, G102 CLUB ASTIR IIIb, and G102 STANDARD ASTIR III sailplanes. AD 2001-26-25 currently requires you to apply a red mark and install a placard on the airspeed indicator to restrict the Vne airspeed. This AD requires you to install additional mass balance in the elevator and ailerons and determine resultant empty weight and empty weight center of gravity; incorporate a revision in the sailplane maintenance manual; and remove the red mark and the red placard on the airspeed indicator (both required by AD 2001-26-25). This AD is the result of mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Germany. We are issuing this AD to prevent elevator flutter, which could cause structural damage. Such damage could result in loss of control of the sailplane. DATES: This AD becomes effective on October 7, 2004. As of October 7, 2004, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: You may get the service information identified in this AD from GROB Luft-und Raumfahrt, Lettenbachstrasse 9, D-86874 Tussenhausen-Mattsies, Federal Republic of Germany; telephone: 49 8268 998139; facsimile: 49 8268 998200. You may view the AD docket at FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2004-CE-10-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. to 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion *Has FAA taken any action to this point?* The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, reported that during flight operation of Model G102 CLUB ASTIR IIIb sailplanes, two events of elevator flutter occurred in the upper flight speed range due to unknown causes. This resulted in us issuing AD 2001-26-25, Amendment 39-12591 (67 FR 809, January 8, 2002). AD 2001-26-25 currently requires the following on Grob Models G102 CLUB ASTIR III, G102 CLUB ASTIR IIIb, and G102 STANDARD ASTIR III sailplanes: —Application of a red mark on the airspeed indicator at 165 km/h, 89.1 kts, or 102.5 mph (according to the airspeed indicator calibration); and —Installation of a red placard to the airspeed indicator restricting the Vne airspeed to 165 km/h, 89.1 kts, or 102.5 mph (according to the airspeed indicator calibration). *What has happened since AD 2001-26-25 to initiate this action?* The LBA recently notified FAA of the need to change AD 2001-26-25. As a result of extensive tests and calculations, the LBA has determined that operation within the original margins can be approved if additional mass balance is installed in the elevators and ailerons. Additionally, the LBA has determined that the operation with restricted Vne airspeed to 165 km/h, 89.1 kts, or 102.5 mph (according to the airspeed indicator calibration) is permitted to continue until additional mass balance is installed in the elevator and ailerons. *What is the potential impact if FAA took no action?* Elevator flutter could cause structural damage. Such damage could result in loss of control of the sailplane. *Has FAA taken any action to this point? We* issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Grob-Werke Gmbh & Co KG

(Grob)Models G102 CLUB ASTIR III, G102 CLUB ASTIR IIIb, and G102 STANDARD ASTIR III sailplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on June 3, 2004 (69 FR 31327). The NPRM proposed to supersede AD 2001-26-25 with a new AD that would require you to: —Install additional mass balance in the elevator and ailerons and determine empty weight and empty weight center of gravity after installing any additional mass balance; —Incorporate Revision 2, dated December 4, 2002, in the sailplane maintenance manual or other appropriate document; and —Remove the red mark on the airspeed indicator (required by AD 2001-26-25) at 165 km/h, 89.1 kts, or 102.5 mph. Comments *Was the public invited to comment?* We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion *What is FAA's final determination on this issue?* We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: —Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and —Do not add any additional burden upon the public than was already proposed in the NPRM. Changes to 14 CFR Part 39—Effect on the AD *How does the revision to 14 CFR part 39 affect this AD?* On July 10, 2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. 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. Costs of Compliance *How many sailplanes does this AD impact?* We estimate that this AD affects 50 sailplanes in the U.S. registry. *What is the cost impact of this AD on owners/operators of the affected sailplanes?* We estimate the following costs to accomplish the modification to install additional mass balance in the elevator and ailerons and determine the empty weight and empty weight center of gravity; incorporate a revision in the applicable sailplane maintenance manual; and remove the red mark on the airspeed indicator and the red placard to the airspeed indicator: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 10 workhours × $65 per hour = $650 Not Applicable $650 $32,500 Regulatory Findings *Will this AD impact various entities?* 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. *Will this AD involve a significant rule or regulatory action?* For the reasons discussed above, I certify that this AD: 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. 2004-CE-10-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, 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. FAA amends § 39.13 by removing Airworthiness Directive

(AD)2001-26-25, Amendment 39-12591 (67 FR 809, January 8, 2002), and by adding a new AD to read as follows: **2004-17-04 Grob-Werke Gmbh & Co KG:** Amendment 39-13776; Docket No. 2004-CE-10-AD. When Does This AD Become Effective?

(a)This AD becomes effective on October 7, 2004. What Other ADs Are Affected by This Action?

(b)This AD supersedes AD 2001-26-25. What Sailplanes Are Affected by This AD?

(c)This AD affects the following Models G102 CLUB ASTIR III, G102 CLUB ASTIR IIIb, and G102 STANDARD ASTIR III sailplanes, all serial numbers, that are certificated in any category. What Is the Unsafe Condition Presented in This AD?

(d)This AD is the result of mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Germany. The actions specified in this AD are intended to prevent elevator flutter, which could cause structural damage. Such damage could result in loss of control of the sailplane. What Must I Do To Address This Problem?

(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures

(1)Install additional mass balance in the elevator and ailerons and determine resultant empty weight and empty weight center of gravity Within the next 25 hours time-in-service

(TIS)after October 7, 2004 (the effective date of this AD) Follow GROB Luft-und Raumfahrt Service Bulletin No. MSB306-36/3, dated December 4, 2002; GROB Luft-und Raumfahrt Service Installation Instructions No. MSB306-36/3, dated April 18, 2002; and Instructions for Continued Airworthiness GROB G 102, Revision 1, dated April 18, 2002. The applicable sailplane maintenance manual also addresses this issue.

(2)Incorporate Instructions for Continued Airworthiness GROB G 102, Revision 1, dated April 18, 2002, in the sailplane maintenance manual, or other appropriate document Before further flight after installing the additional mass balance and determining the empty weight and empty weight center of gravity required by paragraph (e)(1) of this AD Not applicable.

(3)Remove the red mark on the airspeed indicator (formerly required by AD 2001-26-25) at 165 kilometers/hour (km/h), 89.1 knots (kts), or 102.5 miles per hour

(mph)Before further flight after installing the additional mass balance and determining the empty weight and empty weight center of gravity required by paragraph (e)(1) of this AD Follow GROB Luft-und Raumfahrt Service Bulletin No. MSB306-36/3, dated December 4, 2002, and GROG Luft-und Raumfahrt Service Installation Instruction No. MSB306-36/3, dated April 18, 2002. The applicable sailplane maintenance manual also addresses this issue.

(4)Remove the red placard to the airspeed indicator (formerly required by AD 2001-26-25) restricting the Vne airspeed to 165 km/h, 89.1 kts, or 102.5 mph (according to the airspeed indicator calibration) Before further flight after installing the additional mass balance and determining the empty weight and empty weight center of gravity required by paragraph (e)(1) of this AD Not applicable. May I Request an Alternative Method of Compliance?

(f)You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Standards Office, Small Airplane Directorate, FAA. For information on any already approved alternative methods of compliance, contact Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090. Does This AD Incorporate Any Material by Reference?

(g)You must do the actions required by this AD following the instructions in GROB Luft-und Raumfahrt Service Bulletin No. MSB306-36/3, dated December 4, 2002; GROB Luft-und Raumfahrt Service Installation Instructions No. MSB306-36/3, dated April 18, 2002; and Instructions for Continued Airworthiness GROB G 102, Revision 1, dated April 18, 2002. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from GROB Luft-und Raumfahrt, Lettenbachstrasse 9, D-86874 Tussenhausen-Mattsies, Federal Republic of Germany; telephone: 49 8268 998139; facsimile: 49 8268 998200. You may review copies at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; 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.* Is There Other Information That Relates to This Subject?

(h)German AD Numbers 2001-317/4, dated January 9, 2003, and 2001-317/3, dated November 14, 2002, also address the subject of this AD. Issued in Kansas City, Missouri, on August 13, 2004. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 04-18997 Filed 8-20-04; 8:45 am]

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