Unknown. Final rule; request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-09-09.xml --- 69 174 Thursday, September 9, 2004 Contents Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Nutrition 21, Inc.; correction, 54625 04-20351 Agriculture Agriculture Department See Agricultural Research Service See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-20379 54622-54625 04-20384 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 54670 04-20409 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 54670-54671 04-20417 Centers Centers for Medicare & Medicaid Services NOTICES Medicare: Inpatient hospital deductible and hospital and extended care services coinsurance amounts (2005 CY), 54671-54673 04-20414 Part A hospital insurance premium for uninsured aged and certain disabled individuals who have exhausted other entitlements (2005 CY), 54673-54674 04-20413 Part B monthly actuarial rates, premium rate, and annual deductible (2005 CY), 54674-54684 04-20412 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54684-54686 04-20371 04-20372 Coast Guard Coast Guard RULES Drawbridge operations:

Maine, 54572-54573 04-20457 Ports and waterways safety: Delaware River, PA; safety zone, 54573-54574 04-20455 Regattas and marine parades: Hampton Bay Days Festival, 54572 04-20454 PROPOSED RULES Regattas and marine parades: World Championship Super Boat Race, 54598-54600 04-20456 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Grants and cooperative agreements; availability, etc.:

Bank Enterprise Award Program, 54718-54725 04-20460 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 54650-54651 04-20386 Defense Defense Department See Navy Department NOTICES Acquisition regulations: Contract financing; performance-based payments, 54651 04-20398 Agency information collection activities; proposals, submissions, and approvals, 54651-54652 04-20399 Civilian health and medical program of uniformed services (CHAMPUS):

TRICARE program— Mental health rate updates (2005 FY), 54652-54653 04-20365 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 54653-54655 04-20395 04-20397 Drug Drug Enforcement Administration NOTICES Schedules of controlled substances; production quotas: Schedules I and II— Proposed revised 2004 aggregate, 54703-54705 04-20369 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Virginia, 54574-54581 04-20130 04-20132 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Virginia, 54600-54602 04-20131 04-20133 Executive Executive Office of the President See Presidential Documents See Science and Technology Policy Office FAA Federal Aviation Administration RULES Airworthiness directives: CFM International, 54557-54558 04-20411 PROPOSED RULES Airworthiness directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER), 54596-54598 04-20402 FCC Federal Communications Commission RULES Common carrier services:

Interconnection— Fiber networks serving multiple dwelling units; incumbent local exchange carriers unbundling obligations, 54589-54591 04-20356 Satellite communications— Orbital debris mitigation, 54581-54589 04-20362 PROPOSED RULES Radio stations; table of assignments: California, 54612-54613 04-20360 Ohio, 54613-54614 04-20358 Texas, 54613 04-20359 Various States, 54614-54615 04-20357 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 54663-54666 E4-2133 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 54655-54656 E4-2114 CenterPoint Energy Gas Transmission Co., E4-2112 54656-54657 E4-2118 Columbia Gas Transmission Corp., 54657 E4-2121 Dauphin Island Gathering Partners, 54657-54658 E4-2119 El Paso Natural Gas Co., 54658 E4-2127 Kinder Morgan Interstate Gas Transmission LLC, 54658-54659 E4-2134 Natural Gas Pipeline Co. of America, 54659 E4-2125 North Baja Pipeline, LLC, 54659 E4-2115 Northern Natural Gas Co., 54660 E4-2124 Northwest Pipeline Corp., 54660 E4-2116 Petal Gas Storage L.L.C., 54660-54661 E4-2117 Tennessee Gas Pipeline Co., 54661 E4-2122 Viking Gas Transmission Co., 54661-54662 E4-2113 Williston Basin Interstate Pipeline Co., 54662 E4-2126 Wyoming Interstate Co., Ltd., 54662-54663 E4-2123 Federal Highway Federal Highway Administration RULES Engineering and traffic operations:

Work zone safety and mobility, 54562-54572 04-20340 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54716-54717 04-20458 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 54666-54667 04-20368 FTC Federal Trade Commission RULES Appliances, consumer; energy consumption and water use information in labeling and advertising:

Comparability ranges— Compact dishwashers, central air conditioners, and heat pumps, 54558-54561 04-20404 NOTICES Prohibited trade practices: Bonzi Software, Inc, et al., 54667-54668 04-20405 Food Food and Drug Administration NOTICES Committees; establishment, renewal, termination, etc.: Center for Biologics Evaluation and Research, 54686-54687 04-20348 Food additive petitions: Kraft Foods Global, Inc., 54687 04-20473 Food Food Safety and Inspection Service NOTICES Meat and poultry inspection:

Humane handling and slaughter requirements; systematic approach, 54625-54627 04-20431 Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Puerto Rico Pepsi-Cola Manufacturing International, Ltd.; additional products and manufacturing capacity at soft drink and juice concentrate manufacturing plant, 54630 04-20465 Forest Forest Service PROPOSED RULES Special areas: Inventoried roadless area management; State petitions, 54600 04-20370 NOTICES Environmental statements; notice of intent:

Caribou-Targhee National Forest, ID, 54627-54629 04-20367 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54668 04-20378 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 54653-54655 04-20395 04-20397 Federal Management Regulation: Electronic copy; publication, 54668-54669 04-20377 Meetings: Governmentwide Relocation Advisory Board, 54669 04-20349 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 54699-54700 04-20388 Government Government Printing Office NOTICES Meetings:

Depository Library Council, 54669-54670 04-20400 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54629-54630 04-20432 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 54697-54699 E4-2109 E4-2111 Interior Interior Department See Geological Survey See Land Management Bureau PROPOSED RULES Federal Power Act:

Hydropower licensing; conditions and prescriptions, 54602-54612 04-20392 IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 54725-54726 04-20461 International International Trade Administration NOTICES Antidumping: Hot-rolled flat-rolled carbon-quality steel products from— Brazil, 54630-54633 E4-2101 Russian Federation, 54633-54635 E4-2103 Preserved mushrooms from— China, 54635-54642 04-20463 Steel concrete reinforcing bars from— Korea, 54642-54643 04-20462 Wooden bedroom furniture from— China, 54643-54647 04-20464 Countervailing duties:

Hot-rolled flat-rolled carbon-quality steel products from— Brazil, 54647 E4-2102 Meetings: Manufacturing Council, 54647 04-20495 International International Trade Commission NOTICES Import investigations: Hot-rolled flat-rolled carbon-quality steel products from— Various countries, 54701-54702 04-20428 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Diversified Panel Systems, Inc., 54702 04-20472 Monarch Greenback, LLC, et al., 54702-54703 04-20471 Land Land Management Bureau NOTICES Closure of public lands:

New Mexico, 54700 04-20484 Meetings: Resource Advisory Councils— Alaska, 54700-54701 04-20419 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act, 54706 04-20522 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 54653-54655 04-20395 04-20397 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Exemption petitions, etc.— J.K. Technologies, 54717-54718 04-20459 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 54687-54689 04-20434 04-20446 National Center for Research Resources, 54689-54690 04-20447 National Institute of Allergy and Infectious Diseases, 54690 04-20436 National Institute of Diabetes and Digestive and Kidney Diseases, 54690-54691 04-20437 04-20443 National Institute of Environmental Health Sciences, 54692-54693 04-20453 National Institute of Mental Health, 54691 04-20438 National Institute of Neurological Disorders and Stroke, 54690, 54692 04-20433 04-20449 National Institute of Nursing Research, 54691-54692 04-20445 Scientific Review Center, 54694-54696 04-20440 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Flathead sole, 54594 04-20422 Pollock, 54594-54595 04-20421 Northeastern United States fisheries— Northeast multispecies, 54593 04-20423 PROPOSED RULES Endangered and threatened species: Salmonids in California; listing determinations; hearings, 54620-54621 04-20425 Marine mammals: Hydropower license conditions; mandatory fishway prescriptions; review procedures, 54615-54620 04-20469 NOTICES Endangered and threatened species: Hatchery listing policy; hearings, 54647-54648 04-20424 Meetings:

Mid-Atlantic Fishery Management Council, 54648-54649 E4-2131 Pacific Fishery Management Council, 54649 E4-2130 Western Pacific Fishery Management Council, 54649 E4-2129 Permits: Endangered and threatened species, 54649-54650 04-20470 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Metrix Services, Inc., 54655 04-20401 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Molycorp, Inc.; York, PA facility, 54706 04-20391 Generic letters:

Steam generator tube inspection requirements, 54706-54707 04-20390 Regulatory guides; issuance, availability, and withdrawal, 54707 04-20389 Presidential Presidential Documents PROCLAMATIONS Trade: Generalized System of Preferences; modification (Proclamation 7808), 54739-54748 04-20551 *Special observances:* Minority Enterprise Development Week (Proc. 7807), 54735-54738 04-20550 Research Research and Special Programs Administration RULES Pipeline safety: Safety regulations; periodic updates; correction, 54591-54593 04-20263 Science Science and Technology Policy Office NOTICES Reports and guidance documents; availability, etc.:

U.S. Integrated Earth Observation System Strategic Plan, 54666 04-20485 SEC Securities and Exchange Commission RULES Investment companies: Brokerage commission use to finance distribution; prohibition, 54727-54734 04-20373 NOTICES Agency information collection activities; proposals, submissions, and approvals, 54707-54709 E4-2106 04-20374 Meetings; Sunshine Act, 54709 04-20559 Self-regulatory organizations; proposed rule changes: American Stock Exchange, Inc., 54711-54712 E4-2132 American Stock Exchange LLC, 54709-54711 E4-2108 Boston Stock Exchange, Inc., 54713-54714 E4-2107 National Association of Securities Dealers, Inc., 54714-54716 04-20375 04-20376 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54696-54697 04-20410 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service Separate Parts In This Issue Part II Securities and Exchange Commission, 54727-54734 04-20373 Part III Executive Office of the President, Presidential Documents, 54735-54748 04-20550 04-20551 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. 69 174 Thursday, September 9, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 95-ANE-64-AD; Amendment 39-13791; AD 97-09-02R3] RIN 2120-AA64 Airworthiness Directives;

CFM International

(CFMI)CFM56-5C Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: This amendment revises an existing airworthiness directive

(AD)for CFMI CFM56-5C series turbofan engines. That AD currently establishes new life limits for certain high pressure turbine rotor

(HPTR)front shafts, HPTR front air seals, and booster spools. This action removes the booster spool, part number (P/N) 337-005-210-0, and the HPTR front shaft, P/Ns 1498M40P03, 1498M40P05, and 1498M40P06, from the parts listed with lowered life limits in the existing AD. This amendment results from a life management review completed by the manufacturer. We are issuing this AD to prevent low-cycle fatigue

(LCF)failure of certain HPTR front air seals, which could result in an uncontained engine failure and damage to the airplane. DATES: Effective October 14, 2004. We must receive any comments on this AD by November 8, 2004. ADDRESSES: Use one of the following addresses to submit comments on this AD: • By mail: Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 95-ANE-64-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 at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA. FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone

(781)238-7754; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: On March 19, 2003, the FAA issued AD 97-09-02R2, Amendment 39-13094 (68 FR 14312, March 25, 2003). That AD reduces the LCF retirement lives of certain HPTR front shafts, HPTR front air seals, HPTR disks, booster spools, and LPTR stage 3 disks. Actions Since AD 97-09-02R2 Was Issued After we issued AD 97-09-02R2, the manufacturer conducted an extensive life management program for the HPTR front shaft and booster spool listed in the AD. The results indicated higher LCF retirement lives for those HPTR front shafts and booster spools than the lives published in AD 97-09-02R2. Those LCF retirement lives are now the same as originally calculated and are in agreement with the current airworthiness limitations section of Chapter 05 of the CFM56-5C Engine Shop Manual, CFMI-TP.SM.8. This AD revision removes HPTR front shafts, part numbers (P/Ns) 1498M40P03, 1498M40P05, and 1498M40P06; and booster spools, P/N 337-005-210-0, from the parts listed with lower LCF retirement lives. The LCF retirement lives of the HPTR front air seals P/N 1523M34P02 and 1523M34P03 remain unchanged. FAA's Determination and Requirements of This AD Although no airplanes that are registered in the United States use these affected engine models, the possibility exists these engine models could be used on airplanes that are registered in the United States in the future. This AD requires the LCF retirement lives of HPTR front air seals P/N 1523M34P02 and P/N 1523M34P03 to remain as published in AD 97-09-02R2. FAA's Determination of the Effective Date Since there are currently no domestic operators of this engine model, notice and opportunity for public comment before issuing this AD are unnecessary, and a situation exists that allows the immediate adoption of this regulation. 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. 95-ANE-64-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 may get more information about plain language at *http://www.faa.gov/language* and *http://www.plainlanguage.gov.* Examining the AD Docket You may examine the AD Docket (including any comments and service information), by appointment, between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. See ADDRESSES for the location. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “AD Docket No. 95-ANE-64-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 removing Amendment 39-13094 68 FR 14312, March 25, 2003, and by adding a new airworthiness directive, Amendment 39-13791, to read as follows: **97-09-02R3 CFM International:** Amendment 39-13791. Docket No. 95-ANE-64-AD. Applicability This airworthiness directive

(AD)is applicable to CFM International

(CFMI)CFM56-5C2/G, -5C3/G, and -5C4 series turbofan engines. These engines are installed on, but not limited to, Airbus Industrie A340 series airplanes. Note 1: This AD applies to each engine identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For engines that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph

(i)of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. Compliance Compliance with this AD is required as indicated, unless already done. To prevent low cycle fatigue

(LCF)failure of the high pressure turbine rotor

(HPTR)front air seal, which could result in an uncontained failure and damage to the airplane, do the following:

(a)LCF retirement lives for HPTR front shafts, part numbers (P/Ns) 1498M40P03, 1498M40P05, and 1498M40P06, are now the same as originally calculated and are in agreement with the current airworthiness limitations section of Chapter 05 of the CFM56-5C Engine Shop Manual, CFMI-TP.SM.8.

(b)Remove from service HPTR front air seals, P/Ns 1523M34P02 and 1523M34P03, before accumulating 4,000 cycles-since-new, and replace with a serviceable part.

(c)LCF retirement lives for HPTR disks P/N 1498M43P04 are now the same as originally calculated and are in agreement with the current airworthiness limitations section of Chapter 05 of the CFM56-5C Engine Shop Manual, CFMI-TP.SM.8.

(d)LCF retirement lives for booster spools, P/N 337-005-210-0, are now the same as originally calculated and are in agreement with the current airworthiness limitations section of Chapter 05 of the CFM56-5C Engine Shop Manual, CMFI-TP.SM.8.

(e)For CFM56-5C4 engines, LCF retirement lives for low pressure turbine rotor

(LPTR)stage 3 disks, P/Ns 337-001-602-0 and 337-001-605-0 are now the same as originally calculated and are in agreement with the current airworthiness limitations section of Chapter 05 of the CFM56-5C Engine Shop Manual, CMFI-TP.SM.8.

(f)For CFM56-5C2/G and -5C3/G engines, LCF retirement lives for LPTR stage 3 disks, P/Ns 337-001-602-0 and 337-001-605-0 are now the same as originally calculated and are in agreement with the current airworthiness limitations section of Chapter 05 of the CFM56-5C Engine Shop Manual, CMFI-TP.SM.8.

(g)This action establishes the new LCF retirement lives stated in paragraphs

(a)through

(f)of this AD, which are published in Chapter 05 of the CFM56-5C Engine Shop Manual, CMFI-TP.SM.8.

(h)For the purpose of this AD, a serviceable part is one that has not exceeded its respective new life limit as set out in this AD. Alternative Methods of Compliance

(i)An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Engine Certification Office (ECO). Operators must submit their request through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, ECO. Note 2: Information concerning the existence of approved alternative methods of compliance with this airworthiness directive, if any, may be obtained from the ECO. Special Flight Permits

(j)Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be done. Effective Date

(k)This amendment becomes effective on October 14, 2004. Issued in Burlington, Massachusetts, on September 1, 2004. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 04-20411 Filed 9-8-04; 8:45 am]

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