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--- schema: federal-register doc_type: fedreg source_file: FR-2004-12-09.xml --- 69 236 Thursday, December 9, 2004 Contents Agency Agency for Healthcare Research and Quality NOTICES Evidence-based practice centers; topics nominations, 71416-71418 04-27058 Agriculture Agriculture Department See Animal and Plant Health Inspection Service Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations: Yamhill-Carlton District; Yamhill and Washington Counties, OR, 71372-71375 04-27016 Animal Animal and Plant Health Inspection Service RULES Overtime services relating to imports and exports:

Agricultural and quarantine inspection services; user fees adjustment, 71659-71683 04-27053 Centers Centers for Disease Control and Prevention NOTICES Reports and guidance documents; availability, etc.: Interim HIV Content Guidelines; revision, 04-27019 71685-71686 04-27020 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

China, 71400 E4-3589 Romania, 71400-71401 E4-3592 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 04-26999 71401-71402 04-27000 04-27002 Employment Employment and Training Administration NOTICES Adjustment assistance: Ancon Tool and Die, 71427 E4-3582 Davlyn Manufacturing Co., Inc., 71427 E4-3581 Fruit of the Loom, 71427 E4-3585 Hewlett Packard, 71427 E4-3584 Interstate Brands Corp., et al., 71427-71432 E4-3587 Specialty Electronics, Inc., 71433 E4-3586 Westside Stitching, Inc., 71433 E4-3579 Woodbridge Corp., 71433 E4-3583 Wyoming Wood Products, Inc., 71433-71434 E4-3580 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Minnesota, 71375-71380 04-27026 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Other solid waste incineration units, 71471-71525 04-26741 Air quality implementation plans; approval and promulgation; various States: Minnesota, 71390-71391 04-27027 Hazardous waste program authorizations: Idaho, 71391-71395 04-27028 NOTICES Meetings: Pesticide Program Dialogue Committee, 71404-71405 04-27033 Pesticide, food, and feed additive petitions: Cognis Corp., 71405-71408 04-27032 Superfund; response and remedial actions, proposed settlements, etc.:

Bayonne Barrel and Drum Site, NJ, 71408-71409 04-27030 Water pollution control: Total maximum daily loads— Louisiana; various waters, 71409 04-27029 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 71342-71344, 71351-71353 04-26791 04-26916 Boeing, 71340-71342, 71347-71351 04-26793 04-26794 04-26917 Empresa Brasileira de Aeronautica, S.A.

(EMBRAER), 71339-71340 04-26918 Mooney Aircraft Corp., 71344-71347 04-26915 Schempp-Hirth Flugzeugbau GmbH, 71353-71356 04-26640 FCC Federal Communications Commission RULES Common carrier services: Telecommunications Act of 1996; implementation— Pay telephone reclassification and compensation provisions, 71383-71384 04-27051 Digital television stations; table of assignments: Mississippi, 71385 04-27047 Montana, 71384 04-27043 Oklahoma, 71384-71385 04-27044 Radio frequency devices:

Self-authorized equipment compliance information, security systems setup information transmissions, and equipment authorization requirements, 71380-71383 04-27048 Radio stations; table of assignments: Alabama and Georgia, 71386-71387 04-27045 Arizona, 71386 04-27041 Florida, 71385-71386 04-27040 Washington, 71387 04-27046 PROPOSED RULES Radio stations; table of assignments: Kentucky, 71396 04-27042 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71409-71412 04-27052 04-27056 04-27057 Federal Election Federal Election Commission PROPOSED RULES Bipartisan Campaign Reform Act; implementation:

Directing or donating non-Federal funds to tax-exempt organizations; national, State, district, and local political party committees prohibition, 71388-71390 04-27025 NOTICES Meetings; Sunshine Act, 71412 04-27184 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Federal land use fees; update, 71364-71372 04-27017 NOTICES Hydroelectric applications, 71402-71404 E4-3563 E4-3565 Meetings: California Independent System Operator Corp.; technical conference, 71404 E4-3566 Preliminary permits surrender:

Symbiotics, LLC, et al.; correction, 71404 E4-3564 FMC Federal Maritime Commission NOTICES Meetings; Sunshine Act, 71412-71413 04-27131 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 71413-71414 04-27010 Banks and bank holding companies: Formations, acquisitions, and mergers, 71414 04-27011 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Nisqually National Wildlife Refuge, WA, 71422 04-27023 Endangered and threatened species:

Incidental take permits— Riverside County, CA; Delhi Sands flower-loving fly, 71422-71423 04-27021 Food Food and Drug Administration RULES Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation: Food for human or animal consumption— Manufacturing, processing, packing, transportation, distribution, etc.; records establishment and maintenance, 71561-71655 04-26929 Records establishment and maintenance; meetings, 71654-71656 04-26930 NOTICES Food for human consumption:

Identity standards deviation; market testing permits— Wells Dairy, Inc.; cottage cheese, 71418-71419 04-26996 Meetings: Medical Devices Advisory Committee, 71419 04-26994 Nonprescription Drugs Advisory Committee and Endocrinologic and Metabolic Drugs Advisory Committee, 71419-71420 04-26995 Reports and guidance documents; availability, etc.: Labeling OTC human drug products; small entity compliance guide, 71420-71421 04-26993 Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation— Records access authority, 71656-71657 04-26931 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 04-26999 71401-71402 04-27000 04-27002 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Privacy Act: Systems of records, 71414-71416 04-27008 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 71421 E4-3560 Organization, functions, and authority delegations:

Assistant Secretary for Policy Development and Research, 71421-71422 E4-3593 Industry Industry and Security Bureau RULES Export administration regulations: Encryption export and reexport controls revisions, 71356-71364 04-26992 NOTICES Export privileges, actions affecting: Technology Options (India) Pvt. Ltd. et al., correction, 71397-71398 04-27059 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Overseas trade missions: 2005 trade missions— Shanghai, China; microelectronics trade mission, 71398-71399 E4-3588 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-27012 71426-71427 04-27013 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Consolidation Coal Co., 71434 04-27035 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 04-26999 71401-71402 04-27000 04-27002 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71436 04-26997 National Science National Science Foundation PROPOSED RULES Patents:

Inventions and patents resulting from grants, cooperative agreements, and contracts; electronic reporting and management system requirements, 71395-71396 04-27034 NOTICES Meetings; Sunshine Act, 71436-71437 04-27106 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Dominion Nuclear Connecticut, Inc., 71437-71438 04-27007 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71434-71436 04-27014 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Panama Panama Canal Commission RULES Commission termination and vacation of CFR Title; notification, 71375 04-55526 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Pearl Harbor Remembrance Day (Proc. 7852), 71687-71689 04-27241 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Central Valley Project, CA; San Luis Unit long-term water service contracts renewal, 71424 04-27005 Mendota Pool Group, CA; ten-year water exchange agreements, 71424-71425 04-27006 Water resources planning; discount rate change, 71425-71426 04-27024 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Man-Glenwood Lexington, LLC, et al., 71438-71440 E4-3570 Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Information; Reporting Plan; amendments, 71440-71442 E4-3576 Professional subscribers fees; Basic Service; amendment, 71442-71443 E4-3575 Public Company Accounting Oversight Board: Audit of internal control over financial reporting performed in conjunction with audit of financial statements; proposed rules filed, 71443-71445 E4-3568 Securities Exchange Act:

Intermarket Trading System; exchange-traded funds transactions; de minimis exemption, 71445-71446 E4-3569 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 71446-71456 04-27018 Chicago Board Options Exchange, Inc., 71456 E4-3578 Fixed Income Clearing Corporation, 71456-71459 E4-3567 National Association of Securities Dealers, Inc., 71459-71461 E4-3577 SBA Small Business Administration NOTICES Disaster loan areas: Alaska, 71461 04-27086 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Fulbright Senior Scholar Program, 71461-71466 04-27036 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Pennsylvania, 71527-71560 04-26927 04-26928 Surface Surface Transportation Board NOTICES Meetings; Sunshine Act, 71468 04-27140 Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 71468-71469 04-27039 Palouse River & Coulee City Railroad, Inc., 71469 04-27038 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee:

World Trade Organization Doha Development Agenda and dispute settlement understanding negotiations; comment request, 71466-71468 04-27037 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 71469-71470 04-27015 Separate Parts In This Issue Part II Environmental Protection Agency, 71471-71525 04-26741 Part III Interior Department, Surface Mining Reclamation and Enforcement Office, 71527-71560 04-26927 04-26928 Part IV Health and Human Services Department, Food and Drug Administration, 71561-71657 04-26929 04-26930 04-26931 Part V Agriculture Department, Animal and Plant Health Inspection Service, 71659-71683 04-27053 Part VI Health and Human Services Department, Centers for Disease Control and Prevention, 71685-71686 04-27019 04-27020 Part VII Executive Office of the President, Presidential Documents, 71687-71689 04-27241 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. 69 236 Thursday, December 9, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2004-19767; Directorate Identifier 2004-NM-139-AD; Amendment 39-13900; AD 2004-25-12] RIN 2120-AA64 Airworthiness Directives;

Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all EMBRAER Model EMB-135 and -145 series airplanes. This AD requires a one-time inspection of each passenger service unit

(PSU)to determine the serial number of the printed circuit board

(PCB)installed in each PSU, replacement of the PCB if necessary, related investigative actions, and other specified actions. This AD is prompted by reports that PSUs on two airplanes emitted smoke. We are issuing this AD to prevent failure of a PSU, which could result in smoke or fire in the airplane's passenger cabin. DATES: This AD becomes effective January 13, 2005. The incorporation by reference of certain publications listed in the AD is approved by the Director of the Federal Register as of January 13, 2005. ADDRESSES: For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO Box 343-CEP 12.225, Sao Jose dos Campos-SP, Brazil. You can examine this information 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.* You can examine the contents of this AD docket on the Internet at *http://dms.dot.gov* , or at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL-401, on the plaza level of the Nassif Building, Washington, DC. FOR FURTHER INFORMATION CONTACT: *Technical information:* Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-1175; fax

(425)227-1149. *Plain language information:* Marcia Walters, *marcia.walters@faa.gov.* Examining the Docket The AD docket contains the proposed AD, comments, and any final disposition. You can examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR Part 39 with an AD for all EMBRAER Model EMB-135 and -145 series airplanes. The proposed AD was published in the **Federal Register** on September 9, 2004 (69 FR 54596), to require a one-time inspection of each passenger service unit

(PSU)to determine the serial number of the printed circuit board

(PCB)installed in each PSU, replacement of the PCB if necessary, related investigative actions, and other specified actions. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the single comment that has been submitted on the proposed AD. Request To Limit Applicability The commenter requests that we limit the applicability to airplanes having serial numbers (S/Ns) up to and including 828. The commenter states that it has received information from the airplane manufacturer that the PSUs on airplanes having S/N 829 and subsequent will be inspected during production. We partially agree with the commenter's request. We do not agree to revise the applicability statement of paragraph

(a)of this AD. We note that paragraph

(h)of this AD prohibits the installation of an affected part with an affected S/N. This prohibition should apply to all airplanes, including those with S/Ns 829 and subsequent, which will have been inspected in production. Therefore, the applicability statement of this AD continues to identify all EMBRAER Model EMB-135 and -145 series airplanes, so that paragraph

(h)will prohibit installing an affected part on all of these airplanes. However, we agree that airplanes that have been inspected during production do not need to be inspected as required by paragraph

(f)of this AD. Therefore, we have revised paragraph

(f)of this AD to apply only to airplanes having S/Ns 001 through 828 inclusive. Conclusion We have carefully reviewed the available data, including the comment that has been submitted, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 539 airplanes of U.S. registry. The required actions take about 3 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $105,105, or $195 per airplane. Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, the FAA is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD. 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 this AD:

(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. We prepared a regulatory evaluation of the estimated costs to comply with this AD. See the ADDRESSES section for a location to examine the regulatory evaluation. 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 FAA amends 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 adding the following new airworthiness directive: **2004-25-12 Empresa Brasileira De Aeronautica S.A. (EMBRAER):** Amendment 39-13900. Docket No. FAA-2004-19767; Directorate Identifier 2004-NM-139-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective January 13, 2005. Affected ADs

(b)None. Applicability

(c)This AD applies to all EMBRAER Model EMB-135 and -145 series airplanes, certificated in any category. Unsafe Condition

(d)This AD was prompted by reports that passenger service units

(PSUs)on two airplanes emitted smoke. We are issuing this AD to prevent failure of a PSU, which could result in smoke or fire in the airplane's passenger cabin. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. One-Time Inspection

(f)For airplanes having serial numbers (S/Ns) 001 through 828 inclusive: Within 90 days after the effective date of this AD, inspect each PSU in the passenger cabin and lavatory to determine the part number (P/N) and S/N of the printed circuit board

(PCB)installed in the PSU, is in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145-25-0277, Change 02, dated June 28, 2004.

(1)If the PCB is not P/N 7277220-501 with S/N 2108 through 6008 inclusive: Before further flight, do the applicable related investigative actions and other specified actions in accordance with the Accomplishment Instructions of the service bulletin. No further action is required by this paragraph.

(2)If the PCB is P/N 7277220-501 with S/N 2108 through 6008 inclusive: Before further flight, replace the PCB with a new or serviceable PCB having a S/N that is not within the range of 2108 through 6008 inclusive, and do the applicable related investigative actions and other specified actions, in accordance with the Accomplishment Instructions of the service bulletin. Note 1: EMBRAER Service Bulletin 145-25-0277, Change 02, refers to C&D Aerospace Service Bulletin 7130000-25-79, Revision 2, dated June 17, 2004, as an additional source of service information for doing the required inspection, replacement, and related investigative actions, as applicable. The EMBRAER service bulletin includes the C&D Aerospace service bulletin. Actions Done Previously

(g)Inspections, replacements, and related investigative actions done before the effective date of this AD in accordance with EMBRAER Service Bulletin 145-25-0277, dated October 22, 2003; or Change 01, dated November 28, 2003; are acceptable for compliance with the corresponding action required by this AD. Parts Installation

(h)As of the effective date of this AD, no person may install a PCB having P/N 7277220-501 with S/N 2108 through 6008 inclusive, on any PSU on any airplane. Returning Parts Not Required

(i)Where EMBRAER Service Bulletin 145-25-0277, Change 02, dated June 28, 2004, specifies to return any PCB with a subject S/N to C&D Aerospace, this AD does not require that action. Alternative Methods of Compliance (AMOCs)

(j)The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Related Information

(k)Brazilian airworthiness directive 2004-05-02, dated June 2, 2004, also addresses the subject of this AD. Material Incorporated by Reference

(l)You must use EMBRAER Service Bulletin 145-25-0277, Change 02, dated June 28, 2004, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approves the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the service information, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), PO Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. For information on the availability of this material at the National Archives and Records Administration (NARA), call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* You may view the AD docket at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, Nassif Building, Washington, DC. Issued in Renton, Washington, on November 30, 2004. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04-26918 Filed 12-8-04; 8:45 am]

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