Unknown. Final rule

4,986 words·~23 min read·/register/2005/11/22/05-22970·

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

--- schema: federal-register doc_type: fedreg source_file: FR-2005-11-22.xml --- 70 224 Tuesday, November 22, 2005 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: 2005 White House Conference on Aging Policy Committee, 70617 05-23103 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Organization, functions, and authority delegations:

National Institute for Occupational Safety and Health, 70617-70618 05-23037 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department RULES Medicare: Hospice care amendments, 70532-70548 05-23078 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70618-70621 05-23081 05-23082 05-23083 05-23084 Federal Child and Family Services Review; proposed data composites and potential performance areas and measures; correction, 70621 05-23206 Coast Guard Coast Guard RULES Drawbridge operations:

Virginia, 70491 05-23029 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: San Diego Bay, Mission Bay, and approaches, CA, 70493-70496 05-23030 St. Mary's River to Kings Bay, GA, 70491-70493 05-23097 PROPOSED RULES Drawbridge operations: New Jersey, 70563-70564 05-23028 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Handloomed, handmade, or folklore articles; determinations:

Sierra Leone, 70586-70587 05-23105 Comptroller Comptroller of the Currency RULES Fair credit reporting medical information regulations, 70664-70696 05-22830 Customs Customs and Border Protection Bureau NOTICES Triennial status report and status report fee, 70629 05-23061 Defense Defense Department See Defense Logistics Agency See Navy Department RULES Privacy Act; implementation, 70489-70491 05-23070 NOTICES Arms sales notification; transmittal letter, etc., 70587-70591 05-23069 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 70587 05-23085 Meetings: Defense Policy Board Advisory Committee, 70592 05-23066 Missile Defense Advisory Committee, 70592 05-23065 Women in Services Advisory Committee, 70592 05-23067 Defense Defense Logistics Agency NOTICES Privacy Act; systems of records, 70592-70593 05-23068 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 70599-70600 05-23092 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent:

Strategic Petroleum Reserve; site selection, 70600-70601 05-23117 Meetings: National Coal Council, 70600 05-23116 EPA Environmental Protection Agency RULES Air pollution control; new motor vehicles and engines: Diesel fuel sulfur transition provisions; highway and nonroad diesel and Tier 2 gasoline programs, 70498-70513 05-22807 Water programs: Underground injection control program— Class I municipal disposal wells in Florida, 70513-70532 05-23088 PROPOSED RULES Air pollution; standards of performance for new stationary sources:

Electric generating units; emissions test Hearing, 70565-70566 05-23087 Air pollution control; new motor vehicles and engines: Diesel fuel sulfur transition provisions; highway and nonroad diesel and Tier 2 gasoline programs, 70566-70570 05-22806 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Indiana, 70612 05-23091 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

BAE Systems Operations Ltd., 70483-70485 05-22970 Class D and Class E airspace; correction, 70486 05-23018 Class E airspace, 70486-70488 05-23017 05-23021 Procedural rules: Accident and incident data system records expunction policy, 70548-70549 05-23101 PROPOSED RULES Airworthiness directives: Raytheon, 70555-70557 05-23055 Class B airspace, 70558-70562 05-23096 NOTICES Advisory circulars; availability, etc.: Fuel tank flammability, 70653 05-23100 Reports and guidance documents; availability, etc.:

Below deck cargo compartment smoke penetration into occupied areas; policy statement, 70653-70654 05-23016 FDIC Federal Deposit Insurance Corporation RULES Fair credit reporting medical information regulations, 70664-70696 05-22830 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 70607-70608 E5-6417 Environmental statements; availability, etc.: Pacific Gas & Electric Co., 70608-70609 E5-6425 Hydroelectric applications, 70609-70610 E5-6428 Meetings:

CenterPoint Energy-Mississippi River Transmission Corp.; technical conference, 70610 E5-6432 Electric reliability organization certification and electric reliability standards; technical conference, 70610-70611 E5-6429 Midwest Independent Transmission System Operator, Inc., 70610 E5-6424 Off-the-record communications, 70611-70612 E5-6418 *Applications, hearings, determinations, etc.:* California Independent System Operator Corp., 70601 E5-6420 Dominion South Pipeline Co., LP, 70601-70602 E5-6439 Kansas City Power & Light Co., 70602 E5-6422 KeySpan LNG, LP, 70602 E5-6438 Leaning Juniper Wind Power, LLC, 70602-70603 E5-6421 Midwestern Gas Transmission Co., 70603 E5-6435 NorthWestern Corp., 70603-70604 E5-6423 Paiute Pipeline Co., 70604 E5-6431 Southern Natural Gas Co., E5-6430 70604-70605 E5-6436 Southern Star Central Gas Pipeline, Inc., 70605 E5-6434 Tennessee Gas Pipeline Co., 70605-70606 E5-6419 Trailblazer Pipeline Co., 70606 E5-6437 Transcontinental Gas Pipe Line Corp., 70606-70607 E5-6426 E5-6427 E5-6433 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:

Long Island Railroad, 70654 05-23027 Traffic control systems; discontinuance or modification: National Railroad Passenger Corp., 70654-70655 05-23026 Federal Reserve Federal Reserve System RULES Fair credit reporting medical information regulations, 70664-70696 05-22830 NOTICES Banks and bank holding companies: Change in bank control, 70612-70613 E5-6404 Formations, acquisitions, and mergers, 70613 E5-6403 E5-6416 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 70613-70616 05-23048 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70659-70660 05-23025 Fish Fish and Wildlife Service NOTICES Reports and guidance documents; availability, etc.:

Yellowstone grizzly bear; population size and sustainable mortality limits estimate; reassessing methods, 70632-70633 05-23057 Food Food and Drug Administration RULES Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation: Records establishment and maintenance (Edition 2); questions and answers; industry guidance, 70488-70489 05-23062 NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-23039 70621-70623 05-23040 05-23041 Forest Forest Service RULES Recreation fees, 70496-70498 05-23111 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70578-70579 05-23050 Meetings:

Resource Advisory Committees— Del Norte County, 70579 05-23053 Plumas County, 70580 05-23063 Ravalli County, 70579 05-23052 Roadless Area Conservation National Advisory Committee, 70580 05-23049 GSA General Services Administration NOTICES Environmental statements; notice of intent: Winchester, VA; Central Records Complex; lease/construction, 70616-70617 05-23112 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 70587 05-23085 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department PROPOSED RULES Administrative requirements:

Health Insurance Portability and Accountability Act; implementation— Electronic health care claims attachments, 70574-70575 05-23077 Health Health Resources and Services Administration NOTICES Meetings: Childhood Vaccines Advisory Commission, 70623 05-23042 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Immigration and Customs Enforcement Bureau See Transportation Security Administration See U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 70628-70629 05-23047 Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 70629-70630 05-23058 Inspector Inspector General Office, Health and Human Services Department NOTICES Reports and guidance documents; availability, etc.:

Medicare Part D enrollees; patient assistance programs; special advisory bulletin, 70623-70628 05-23038 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70660 E5-6408 Meetings: Taxpayer Advocacy Panels, 70660-70661 E5-6405 E5-6406 E5-6407 International International Trade Administration NOTICES Antidumping:

Furfuryl alcohol from— Thailand, 70581 E5-6443 Porcelain-on-steel cooking ware from— China and Taiwan, 70581-70582 E5-6442 Stainless steel bar from— India, 70582-70584 E5-6445 Countervailing duties: Top-of-the-stove stainless steel cookware from— South Korea, 70585 E5-6444 Taiwan, 70584-70585 E5-6441 International International Trade Commission NOTICES Import investigations: Sparklers from— China, 70636 05-23014 Land Land Management Bureau PROPOSED RULES Land resource management:

Public land recreation permits, 70570-70574 05-23113 Minerals Minerals Management Service NOTICES Environmental statements; notice of intent: Gulf of Mexico OCS— Oil and gas lease sales, 70633-70635 05-23073 05-23074 05-23075 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 70587 05-23085 National Archives National Archives and Records Administration NOTICES Meetings:

Records of Congress Advisory Committee, 70636 05-23205 National Credit National Credit Union Administration RULES Fair credit reporting medical information regulations, 70664-70696 05-22830 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 70636-70637 05-23104 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 70655-70656 05-23099 Motor vehicle theft prevention standards; exemption petitions, etc.:

DaimlerChrysler Corp., 70656-70659 05-23035 05-23036 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 70553-70554 05-23095 International fisheries regulations: Pacific tuna— Purse seine and longline fisheries; management measures, 70549-70553 05-22991 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Grouper, 70575-70577 05-23102 NOTICES Meetings:

North Pacific Fishery Management Council, 70585-70586 E5-6440 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 70637 05-23212 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: South Fork Licking River Watershed, OH, 70580-70581 05-23168 Navy Navy Department NOTICES Privacy Act; systems of records, 70594-70599 05-23071 05-23072 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 70638-70640 E5-6412 E5-6413 Meetings;

Sunshine Act, 70640-70641 05-23145 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 70641-70646 05-22795 *Applications, hearings, determinations, etc.:* Portland General Electric Co., 70637 E5-6415 Saxton Nuclear Experimental Corp. et al., 70638 E5-6414 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Meetings:

California Bay-Delta Public Advisory Committee, 70635 05-23051 SEC Securities and Exchange Commission NOTICES Public Utility Holding Company Act of 1935 filings, 70646-70647 E5-6411 Self-regulatory organizations; proposed rule changes: National Securities Clearing Corp., 70647-70648 E5-6410 National Stock Exchange, 70648-70650 E5-6409 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70650 05-23044 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70650-70652 05-22983 State State Department NOTICES Culturally significant objects imported for exhibition:

Masterpieces from an English County House: The Fitzwilliam Collection, 70652 05-23110 Surface Surface Mining Reclamation and Enforcement Office RULES Civil monetary penalty adjustments, 70698-70701 05-23015 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.: Union Pacific Railroad Co., 70659 05-22989 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Fair credit reporting medical information regulations, 70664-70696 05-22830 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70661-70662 05-23046 Trade Trade Representative, Office of United States NOTICES Andean Trade Preference Act: 2005 annual review, 70652-70653 05-23031 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Meetings:

Saint Lawrence Seaway Development Corporation Advisory Board, 70653 05-23115 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70630-70631 05-23043 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-23059 70631-70632 05-23060 Veterans Veterans Affairs Department NOTICES Inventions, Government-owned; availability for licensing, 70662 E5-6402 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation;

Federal Reserve System; National Credit Union Administration; Treasury Department, Comptroller of the Currency; Treasury Department, Thrift Supervision Office, 70664-70696 05-22830 Part III Interior Department, Surface Mining Reclamation and Enforcement Office, 70698-70701 05-23015 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. 70 224 Tuesday, November 22, 2005 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2005-20729; Directorate Identifier 2002-NM-71-AD; Amendment 39-14370; AD 2005-23-12] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes.

That AD currently requires revising the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures. This new AD requires revising the ALS of the Instructions for Continued Airworthiness to incorporate new and more restrictive life limits for certain items and new and more restrictive inspections to detect fatigue cracking in certain structures. This new AD results from issuance of a later revision to the airworthiness limitations of the BAe/Avro 146 Aircraft Maintenance Manual, which specifies new inspections and compliance times for inspection and replacement actions. We are issuing this AD to ensure that fatigue cracking of certain structural elements is detected and corrected; such fatigue cracking could adversely affect the structural integrity of these airplanes. DATES: This AD becomes effective December 27, 2005. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(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 street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2000-26-07, amendment 39-12057 (66 FR 263, January 3, 2001). The existing AD applies to all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. That NPRM was published in the **Federal Register** on March 30, 2005 (70 FR 16187). That NPRM proposed to require revising the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate new and more restrictive life limits for certain items and new and more restrictive inspections to detect fatigue cracking in certain structures. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Extend the Compliance Time One commenter states that the 30-day compliance time is not sufficient for the amount of work involved in incorporating the requirements of the NPRM. The commenter states that incorporating the requirements involves a major revision to the inspection program. We do not agree that the 30-day compliance time is not sufficient. The new requirements of this AD simply involve revising the ALS. The estimated time to revise the ALS is normally 1 hour per airplane. Therefore, we have determined that a 30-day compliance time is adequate for accomplishing the ALS revision. Additionally, the time to implement the structural inspections and life limits specified in the revision of the ALS could vary significantly between operators and we are not able to predict what those variances may be. Continued operational safety necessitates revising the ALS within the 30-day compliance because of the severity of the unsafe condition. Therefore, we have determined that it is unnecessary to revise the final rule in that regard. However, a provision to allow an operator to request an approval for an extension of the compliance time may be submitted in accordance with paragraph

(j)of this AD. Request To Revise the Estimated “Costs of Compliance” The same commenter also requests that we revise the estimated “Costs of Compliance” in the NPRM. The commenter states that the estimated cost of the NPRM has been greatly understated. The commenter notes that the reasons specified in the previous paragraph to extend the compliance time also contribute to a much higher cost to implement the requirements of the NPRM. In fact, the commenter estimates that it will cost $518,000 to accomplish the requirements of the NPRM for its fleet of 12 airplanes. We do not agree that the “Costs of Compliance” need to be revised. The direct cost of implementing the revision of the ALS that is required by this AD will take about 1 hour per airplane. However, we recognize that this AD may impose certain operational costs, and that maintaining airplanes in an airworthy condition is vital, but sometimes expensive. ADs require specific actions to address specific unsafe conditions and consequently may appear to impose costs that would not otherwise be borne by operators. However, because operators have a general obligation to maintain their airplanes in an airworthy condition, this appearance is deceptive. Attributing those costs solely to this AD is unrealistic because, in the interest of maintaining safe airplanes, prudent operators would accomplish these actions even if they were not required by the AD. We find it unnecessary to revise the final rule in that regard. Request To Revise Format for Clarification The same commenter requests that the NPRM be revised to simplify the fact that the NPRM would supersede the requirements of AD 2000-26-07. The commenter notes that the re-statement of AD 2000-26-07 in paragraph

(f)of the NPRM, along with the statement in paragraph

(h)of the NPRM that once the new and more restrictive inspections required by paragraph

(h)have been incorporated the requirements of paragraph

(f)are terminated, is redundant and distracts from the meaning and clear understanding of the NPRM. We do not agree that such “simplification” would clarify the requirements of this AD. Repeating the requirements of the existing AD merely provides for continuing the requirements of AD 2000-26-07 until the new requirements of this AD are complied with. The requirements are not “redundant” because, after the effective date of this AD (when AD 2000-26-27 will be superseded), airplanes subject to the airworthiness limitations specified in that AD will continue to be subject to them until the limitations are revised as required by this AD. Further, many operators have requested that we explicitly provide wording to reflect when the requirements of an AD are terminated, and we try to accommodate this clarification when applicable. We find that it is unnecessary to revise the final rule in that regard. Request To Clearly Identify the New Inspections The same commenter states that it would be less confusing if the NPRM skipped all the references to the Airplane Maintenance Manual

(AMM)sections and revisions and just stated that the structural inspections in the Maintenance Review Board

(MRB)report 146-1, section 6, at “X revision level” had to be incorporated into the Airworthiness Limitation Section (ALS). We do not agree that the AD should reference complying with the AD in accordance with the MRB report. Although the data specified in the MRB report may be identical to the AMM, the data specified in the AMM has been approved by the Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom. No change is necessary to this AD in that regard. However, if an operator wishes to request an alternative method of compliance (AMOC), a provision has been specified in paragraph

(j)of this AD. Request To Clarify Effectivity The same commenter states that it is not clear if the NPRM is addressing the structural inspections for airplanes that exceed the limits under the life extension program (LEP). The commenter notes that Section 05-10-01 of the AMM, which was specified in the NPRM as a source of service information, identifies the Supplemental Structural Inspection Document (SSID), Service Bulletin 05-002-20011A as the document that specifies the structural inspections for airplanes on which the LEP applies. However, the commenter states that the inspection requirements for the SSID have not all been identified, and as of April 28, 2005, Service Bulletin 05-002-20011A has not been published. We acknowledge that a new service bulletin has not been issued yet. However, ANM 05-10-01 clearly specifies that it applies to airframe airworthiness limitations before the life extension program, and that, to provide effective corrosion control, the maintenance is required in accordance with the Corrosion Prevention and Control Program. We find that it is unnecessary to revise the final rule in this regard. However, when additional service information becomes available, we may consider further rulemaking. Since the Issuance of the Proposed AD After the issuance of the proposed AD, we received and reviewed a later revision of AMM 05-10-01, dated July 15, 2005. AMM 05-10-01 references AMM 05-20-01 and AMM 05-10-00 as additional sources of service information. AMM 05-10-01 has been approved and mandated by the CAA of the United Kingdom. We have revised the AD to reflect this latest issuance of Chapter 05-10-01. Editorial Changes We have revised paragraph

(f)of this AD to state that the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness must be revised in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. We have also added that, one acceptable method of revision is by incorporating Section 05-10-01, dated July 15, 2005, of Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual (AMM), into the ALS. We have added a new Note 1 to this action regarding operators requesting Alternative Methods of Compliance (AMOCs) that provides other guidance regarding airplanes that have been previously modified, altered, or repaired in the areas addressed by the inspections of certain structures. Additionally, we have revised paragraph

(j)of this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Explanation of Change to Applicability We have revised the applicability of the existing AD to identify model designations as published in the most recent type certificate data sheet for the affected models. Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD will affect about 59 airplanes of U.S. registry. The actions that are required by AD 2000-26-07 and retained in this AD take about 1 work hour per airplane, at an average labor rate of $65 per work hour. No parts are required. Based on these figures, the estimated cost of the currently required actions is $65 per airplane. The new required actions will take about 1 work hour per airplane, at an average labor rate of $65 per work hour. No parts will be required. Based on these figures, the estimated cost of the new actions specified in this AD for U.S. operators is $3,835, or $65 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. 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. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA 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 rulemaking action. 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 and placed it in the AD docket. 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, 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 removing amendment 39-12057 (66 FR 263, January 3, 2001) and adding the following new airworthiness directive (AD): **2005-23-12 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Amendment 39-14370. Docket No. FAA-2005-20729; Directorate Identifier 2002-NM-71-AD. Effective Date

(a)This AD becomes effective December 27, 2005. Affected ADs

(b)This AD supersedes AD 2000-26-07. Applicability

(c)This AD applies to all BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any category. Unsafe Condition

(d)This AD was prompted by issuance of a later revision to the airworthiness limitations of the BAe/Avro 146 Aircraft Maintenance Manual, which specifies new inspections and compliance times for inspection and replacement actions. We are issuing this AD to ensure that fatigue cracking of certain structural elements is detected and corrected; such fatigue cracking could adversely affect the structural integrity of these airplanes. 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. Requirements of AD 2000-26-07: Airworthiness Limitations Revision

(f)Within 30 days after February 7, 2001 (the effective date of AD 2000-26-07), revise the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. One acceptable method of revision is by incorporating Section 05-10-01, Revision 65, dated August 3, 1999, of Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual (AMM), into the ALS. That section references other sections of the AMM. The applicable revision level of the referenced sections is that in effect on the effective date of this AD.

(g)Except as specified in paragraph

(j)of this AD: After the actions specified in paragraph

(f)of this AD have been accomplished, no alternative inspections or inspection intervals may be approved for the structural elements specified in the document listed in paragraph

(f)of this AD. New Requirements of This AD Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph

(j)of this AD. The request should include a description of changes to the required inspections that will ensure the continued damage tolerance of the affected structure. The FAA has provided guidance for this determination in Advisory Circular

(AC)25-1529. Later Revision for Airworthiness Limitations

(h)Within 30 days after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate new and more restrictive life limits for certain items and new and more restrictive inspections to detect fatigue cracking in certain structures, in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil Aviation Authority (or its delegated agent). Section 05-10-01, dated July 15, 2005, of Chapter 5 of the BAe/Avro 146 Aircraft Maintenance Manual is one approved method. This section references other sections of the AMM. The applicable revision level of the referenced sections is that in effect on the effective date of this AD. Incorporating the new and more restrictive life limits and inspections into the ALS terminates the requirements of paragraphs

(f)and

(g)of this AD, and after incorporation has been done, the limitations required by paragraph

(f)of this AD may be removed from the ALS.

(i)Except as specified in paragraph

(j)of this AD: After the actions specified in paragraph

(h)of this AD have been accomplished, no alternative inspections or inspection intervals may be approved for the structural elements specified in the document listed in paragraph

(h)of this AD. Alternative Methods of Compliance (AMOCs) (j)(1) 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.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(3)AMOCs, approved previously in accordance with AD 2000-26-07, are approved as AMOCs for the corresponding requirements of this AD. Material Incorporated by Reference

(k)None. Issued in Renton, Washington, on November 14, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05-22970 Filed 11-21-05; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code