Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-10-05.xml --- 69 192 Tuesday, October 5, 2004 Contents Agricultural Agricultural Marketing Service RULES Fish and shellfish; country of origin labeling, 59707-59750 04-22309 PROPOSED RULES Cherries (sweet) grown in— Washington, 59551-59557 04-22303 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service See Rural Business-Cooperative Service Air Force Air Force Department NOTICES Meetings:

Scientific Advisory Board, 59582 04-22346 Antitrust Antitrust Division NOTICES National cooperative research notifications: Accreditation Association for Ambulatory Health Care, Inc., 59615-59616 04-22296 Accredited Standards Committee X9, Inc., 59616 04-22294 American Optometric Association Commission on Ophthalmic Standards, 59616 04-22295 Waste Equipment Technology Association, 59616-59617 04-22293 Antitrust Antitrust Modernization Commission NOTICES Meetings, 59579-59580 04-22307 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 59599-59600 04-22348 Committees; establishment, renewal, termination, etc.:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 59600 04-22350 Immunization Practices Advisory Committee, 59600 04-22349 Meetings: National Institute for Occupational Safety and Health— Safety and Occupational Health Study Section, 59600-59601 04-22347 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act: Commodity interest transactions; intermediaries; amendments, correction, 59544-59545 04-22298 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59581-59582 04-22299 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals; comment request, 59643-59644 04-22325 Copyright Copyright Office, Library of Congress RULES Copyright office and procedures:

Sound recordings use under statutory licenses; notice and recordkeeping requirements Correction, 59648 C4-22002 Customs Customs and Border Protection Bureau PROPOSED RULES Enforcement procedures to prevent the importation of piratical articles; copyrights recordation, 59562-59569 04-22334 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59605-59606 04-22335 Defense Defense Department See Air Force Department RULES Acquisition regulations:

Partnership Agreement 8(a) Program; extension Correction, 59648 C4-21852 Federal Acquisition Regulation (FAR): Introduction; technical amendments, 59697-59698 04-22243 Section 508 micropurchase exemption, 59701-59703 04-22247 Small Entity Compliance Guide, 59703-59705 04-22249 Standard Form 1417; elimination, 59698-59700 04-22244 Technical amendments, 59702-59704 04-22248 Telecommuting for Federal contractors, 59700-59702 04-22246 U.S.-Chile and U.S.-Singapore Free Trade Agreements; thresholds, 59699-59701 04-22245 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E4-2492 59582-59584 E4-2493 E4-2494 Election Election Assistance Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 59584 04-22521 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; comment request, 59619 04-22329 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Inventions, Government-owned; availability for licensing, 59584-59585 04-22357 04-22358 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Wisconsin, 59546-59549 04-22250 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Wisconsin, 59572-59573 04-22251 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59589-59591 04-22361 Superfund; response and remedial actions, proposed settlements, etc.: Beede Waste Oil Site, NH, 59591-59593 04-22362 FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Flight limitation in the proximity of space flight operations, 59751-59753 04-22375 Airworthiness directives:

Bell Helicopter Textron Canada, 59541-59544 04-22265 PROPOSED RULES Airspace designations; incorporation by reference, 59755-59758 04-22376 Airworthiness directives: Airbus, 59557-59559 04-22356 Boeing, 59559-59562 04-22355 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 59593-59594 04-22370 Meetings: Educational power of broadband; exploration symposium, 59595 04-22475 Reports and guidance documents; availability, etc.:

Advanced telecommunications capability in the United States, 59595-59596 04-22369 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals; comment request, 59596 04-22367 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Florida, 04-22315 59606-59607 04-22321 04-22322 Georgia, 59607-59608 04-22320 Mississippi, 59608 04-22317 North Carolina, 04-22316 59608-59609 04-22318 West Virginia, 59609 04-22319 Privacy Act:

Systems of records, 59609-59611 04-22363 Senior Executive Service: Performance Review Board; membership, 59611-59612 04-22364 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Cabazon Wind Partners, LLC, et al., 59587 E4-2485 Electric rate and corporate regulation filings, 59587-59588 E4-2484 Hydroelectric applications, 59588-59589 E4-2482 Meetings: Southern Star Central Gas Pipeline, Inc.; settlement conference, 59589 E4-2480 *Applications, hearings, determinations, etc.:* Entrega Gas Pipeline, Inc., 59585-59586 E4-2483 Trunkline Gas Co., LLC, 59586-59587 E4-2481 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 59597 04-22286 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 59597-59598 04-22378 Meetings: Consumer Advisory Council, 59598 04-22332 Meetings; Sunshine Act, 59598 04-22522 Food Food and Drug Administration PROPOSED RULES Human drugs: Radioactive drugs for research uses; meeting, 59569-59572 04-22354 Food Food Safety and Inspection Service NOTICES Meetings: Food Safety Institute of the Americas; establishment, 59574-59575 04-22392 Samonella enteritidis in shell eggs and samonella spp. in liquid egg products; risk assessments, 59575-59576 04-22302 Forest Forest Service NOTICES Meetings:

Oregon Coast Provincial Advisory Committee, 59576 04-22341 Resource Advisory Committee— Tehama County, 59576-59577 04-22324 National Forest System lands: Timber sales contracts, 59577-59578 04-22338 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Introduction; technical amendments, 59697-59698 04-22243 Section 508 micropurchase exemption, 59701-59703 04-22247 Small Entity Compliance Guide, 59703-59705 04-22249 Standard Form 1417; elimination, 59698-59700 04-22244 Technical amendments, 59702-59704 04-22248 Telecommuting for Federal contractors, 59700-59702 04-22246 U.S.-Chile and U.S.-Singapore Free Trade Agreements; thresholds, 59699-59701 04-22245 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Medicare Trustee Reports Technical Advisory Panel, 59599 04-22323 Homeland Homeland Security Department See Customs and Border Protection Bureau See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 59612 E4-2495 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: National Indian Health Board, 59601-59602 04-22333 Interior Interior Department See Land Management Bureau NOTICES Central Utah Project, Utah; contract for prepayment of costs, 59612-59613 04-22336 Environmental statements; availability, etc.:

Utah Lake Drainage Basin Water Delivery System, 59613-59614 04-22337 IRS Internal Revenue Service PROPOSED RULES Excise taxes: Taxable fuel entry; cross-reference; hearing, 59572 04-22372 NOTICES Agency information collection activities; proposals, submissions, and approvals; comment request, 59644-59645 04-22373 04-22374 Privacy Act: Systems of records, 59645-59647 04-22306 Justice Justice Department See Antitrust Division Labor Labor Department See Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; comment request, 04-22326 59617-59618 04-22327 04-22328 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Committees— John Day/Snake, 59614 04-22352 Resource Advisory Councils— Eastern Washington, 59614 04-22353 Wild Horse and Burro Advisory Board, 59614-59615 04-22388 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Introduction; technical amendments, 59697-59698 04-22243 Section 508 micropurchase exemption, 59701-59703 04-22247 Small Entity Compliance Guide, 59703-59705 04-22249 Standard Form 1417; elimination, 59698-59700 04-22244 Technical amendments, 59702-59704 04-22248 Telecommuting for Federal contractors, 59700-59702 04-22246 U.S.-Chile and U.S.-Singapore Free Trade Agreements; thresholds, 59699-59701 04-22245 NIH National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 59602-59603 04-22310 National Heart, Lung, and Blood Institute, 59603 04-22312 National Institute on Drug Abuse, 59603-59604 04-22311 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Surfclam and ocean quahog, 59550 04-22342 NOTICES Environmental statements; availability, etc.: Western Pacific pelagic fisheries; public hearing, 59580 04-22343 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

East Fork of the Grand River Watershed Plan, IA and MO, 59578-59579 04-22300 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 59620-59621 04-22314 Meetings; Sunshine Act, 59621-59622 04-22398 *Applications, hearings, determinations, etc.:* General Electric Co., 59619-59620 04-22313 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 59580-59581 04-22345 Postal Postal Service RULES International Mail Manual:

Issue 30; issuance, 59545-59546 04-22233 NOTICES Domestic rates, fees, and mail classifications; changes, 59622-59627 04-22285 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 59628 04-22297 Rural Rural Business-Cooperative Service PROPOSED RULES Special programs: Farm Security and Rural Investment Act of 2002; implementation— Renewable Energy Systems and Energy Efficiency Improvements, Grant, Guaranteed Loan, and Direct Loan Program, 59649-59695 04-22093 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 59628-59630 E4-2491 National Association of Securities Dealers, Inc., E4-2487 59630-59634 E4-2488 Options Clearing Corp., 59634-59635 E4-2486 Pacific Exchange, Inc., 59635-59636 E4-2490 Philadelphia Stock Exchange, Inc., 59636-59640 E4-2489 SBA Small Business Administration NOTICES Disaster loan areas: Alabama, 59640 04-22291 Florida, 59640-59641 04-22290 Pennsylvania, 59641 04-22288 Puerto Rico, 59641 04-22289 West Virginia, 59641 04-22292 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 59604-59605 04-22351 Transportation Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 59641-59643 04-22304 04-22305 Boycotts, international:

Countries requiring cooperation; list, 59643 04-22366 U.S.-China Economic and Security Review Commission U.S.-China Economic and Security Review Commission NOTICES Meetings: Trade and investment impact on Pacific Northwest industries; public hearing, 59647 04-22377 Utah Utah Reclamation Mitigation and Conservation Commission NOTICES Environmental statements; availability, etc.: Utah Lake Drainage Basin Water Delivery System, 59613-59614 04-22337 Separate Parts In This Issue Part II Agriculture Department, Rural Business-Cooperative Service, 59649-59695 04-22093 Part III Defense Department;

General Services Administration; National Aeronautics and Space Administration, 59697-59705 04-22243 04-22244 04-22245 04-22246 04-22247 04-22248 04-22249 Part IV Agriculture Department, Agricultural Marketing Service, 59707-59750 04-22309 Part V Transportation Department, Federal Aviation Administration, 59751-59753 04-22375 Part VI Transportation Department, Federal Aviation Administration, 59755-59758 04-22376 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. 69 192 Tuesday, October 5, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2004-SW-04-AD; Amendment 39-13812; AD 2004-20-07] RIN 2120-AA64 Airworthiness Directives;

Bell Helicopter Textron Canada Model 222, 222B, 222U, and 230 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive

(AD)for the specified Bell Helicopter Textron Canada

(BHTC)model helicopters that requires certain inspections of the main rotor yoke

(yoke)for a crack, fretting, or buffer deterioration. If a crack is found, the AD requires replacing the yoke with an airworthy yoke before further flight. If fretting or buffer deterioration are found, the AD requires further inspecting the main rotor hub assembly (hub assembly) and repairing or replacing any unairworthy parts. Also, the AD requires a torque inspection of the flapping bearing retaining nuts at specified intervals. This amendment is prompted by the discovery of a crack in a yoke. The actions specified by this AD are intended to prevent failure of the yoke and subsequent loss of control of the helicopter. DATES: Effective November 9, 2004. FOR FURTHER INFORMATION CONTACT: Charles Harrison, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0110, telephone

(817)222-5128, fax

(817)222-5961. 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 June 24, 2004 (69 FR 35273). That action proposed to require certain inspections of the yoke for a crack, fretting, or buffer deterioration and, if a crack is found, replacing the yoke with an airworthy yoke before further flight. If fretting or buffer deterioration are found, that action proposed further inspecting the hub assembly and repairing or replacing any unairworthy parts. Also, the AD proposed a torque inspection of the flapping bearing retaining nuts at specified intervals. Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on BHTC Model 222, 222B, 222U, and 230 helicopters. Transport Canada advises of a fatigue crack being found in a yoke in the area of the flapping bearing bushings. BHTC has issued Alert Service Bulletin

(ASB)Nos. 222-03-97 for the Model 222 and 222B helicopters, 222U-03-68 for the Model 222U helicopters, and 230-03-28 for the Model 230 helicopters, all dated September 23, 2003. The ASB's specify a recurring visual inspection of the yoke for a crack, fretting, or buffer deterioration in the four

(4)areas around the flapping bearing attachment bushings. The ASB's also specify verifying the torque of the main rotor flapping bearing retaining bolts/nuts. Transport Canada classified these service bulletins as mandatory and issued AD No. CF-2003-27, dated November 17, 2003, to ensure the continued airworthiness of these helicopters in Canada. These helicopter models are type certificated in Canada for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. The FAA estimates that this AD will affect 105 helicopters of U.S. registry. The FAA also estimates that this AD will: • Take 1/2 work hour to inspect the yoke every 25 hours time-in-service (TIS), assuming 8 inspections a year that would equal 4 work hours per year; • Take 1/2 work hour to inspect the flapping bearing retaining bolts torque every 50 hours TIS, assuming 4 inspections a year that would equal 2 work hours per year; • Take 4 work hours to remove, inspect, and replace the yoke if required. • The average labor rate is $65 per work hour. • Required parts will cost about $32,675. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $3,499,125, assuming all yokes are replaced near the end of the first year. 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 FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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: **2004-20-07 Bell Helicopter Textron Canada:** Amendment 39-13812. Docket No. 2004-SW-04-AD. *Applicability:* The following helicopter models, certificated in any category: Model Serial number (S/N) With main rotor hub

(hub)assembly part number installed

(1)222 47006-47089 222-011-101-ALL or 222-012-101-ALL.

(2)222B 47131-47156 222-011-101-ALL or 222-012-101-ALL.

(3)222U 47501-47574 222-011-101-ALL or 222-012-101-ALL.

(4)230 23001-23038 222-012-101-ALL. *Compliance:* Required as indicated, unless accomplished previously. To prevent failure of the yoke and subsequent loss of control of the helicopter, accomplish the following:

(a)Within 50 hours time-in-service

(TIS)or by the next scheduled inspection for the hub assembly, whichever occurs first, and thereafter at intervals not to exceed 25 hours TIS, using a 10X or higher magnifying glass, visually inspect the main rotor yoke

(yoke)for a crack, fretting or buffer deterioration in the four areas around the flapping bearing attachment bushings as shown in the following Figure 1 of this AD: BILLING CODE 4910-13-P ER05OC04.005 Note 1: Bell Helicopter Textron Alert Service Bulletin

(ASB)Nos. 222-03-97 for the Model 222 and 222B, 222U-03-68 for the Model 222U, and 230-03-28 for the Model 230, all dated September 23, 2003, pertain to the subject of this AD.

(1)If a crack is found, before further flight, replace the yoke with an airworthy yoke.

(2)If fretting or buffer deterioration is found on the yoke in the areas shown in Figure 1 of this AD, before further flight, disassemble the hub assembly and further inspect the yoke with a 10X or higher magnifying glass in the four areas shown in Figures 2 and 3 of this AD.

(i)If a crack is found on any part, before further flight, replace the part with an airworthy part.

(ii)If fretting or buffer deterioration is found on any part, before further flight, repair any unairworthy part or replace the part with an airworthy part. ER05OC04.006 ER05OC04.007 BILLING CODE 4910-13-C

(b)Within 50 hours TIS or by the next scheduled inspection for each hub assembly, whichever occurs first, and thereafter at intervals not to exceed 50 hours TIS, determine the torque of the four main rotor flapping bearing retaining bolts or nuts. While holding the bolt head, apply 100 foot-pounds (135Nm) of torque to the nut in the tightening direction.

(1)If 100 foot-pounds (135Nm) of torque is reached without movement of the nut, before further flight, torque the nut to 125 foot-pounds.

(2)If any nut moves before reaching 100 foot-pounds (135Nm) of torque, before further flight, remove both flapping bearings from the hub assembly. Inspect the yoke, the bolt and nut, and the trunnion supports with a 10X or higher magnifying glass, for a crack, fretting, or buffer deterioration.

(i)If a crack is found on any part, before further flight, replace the part with an airworthy part.

(ii)If fretting or buffer deterioration is found on any part, before further flight, repair any unairworthy part or replace the part with an airworthy part.

(c)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 Safety Management Group, FAA, for information about previously approved alternative methods of compliance.

(d)This amendment becomes effective on November 9, 2004. Note 2: The subject of this AD is addressed in Transport Canada (Canada) AD CF-2003-27, dated November 17, 2003. Issued in Fort Worth, Texas, on September 24, 2004. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 04-22265 Filed 10-4-04; 8:45 am]

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