Federal Register 2005-01-25: Vol 70 Iss 15

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Vol. 70 No. 15 Jan. 25, 2005
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II Federal Register/Vol. 70, No. 15/Tuesday, January 25, 2005
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Ill
Contents
Federal Register
Vol. 70, No. 15
Tuesday, January 25, 2005
Administration on Aging Education Department
See Aging Administration NOTICES
Elementary and secondary education:
Elementary and Secondary Education Act:
Aging Administration
implementation—
NOTICES
Scientifically based research methods, 3585-3589
Meetings:
Meetings:
2005 White House Conference on Aging Policy,
Individuals with Disabilities Education Improvement Act
Committee, 3529—3530
of 2004: programs development: comments and
suggestions request, 3523-3524
Agriculture Department National Board for Education Sciences, 3524
See Animal and Plant Health Inspection Service
See Forest Service Election Assistance Commission
NOTICES NOTICES
Agency information collection activities: proposals, Meetings: Sunshine Act, 3524-3525
submissions, and approvals, 3507
Environmental Protection Agency
RULES
Animal and Plant Health inspection Service
Air quality implementation plans: approval and
NOTICES promulgation: various States:
Meetings:
Idaho, 3479-3490
Horse Protection Program, 3507-3508 PROPOSED RULES lay-.
Hazardous waste: m-
Arts and Humanities, National Foundation Project XL Program: site-specific projects—
See National Foundation on the Arts and the Humanities New York State public utilities, 3501-3504
Export-Import Bank
Centers for Medicare & Medicaid Services
NOTICES
NOTICES Agency information collection activities: proposals,
Agency information collection activities: proposals, submissions, and approvals, 3525-3528
submissions, and approvals, 3530-3532
Federal Aviation Administration
Children and Families Administration RULES
Airworthiness directives:
NOTICES Boeing, 3473-3475
Agency information collection activities: proposals,
submissions, and approvals, 3532-3534
Federal Reserve System
NOTICES
Commerce Department Meetings: Sunshine Act, 3529
See International Trade Administration
See National Oceanic and Atmospheric Administration Fish and Wildlife Service
RULES
Endangered and threatened species:
Committee for the Implementation of Textile Agreements Preble’s meadow jumping mouse: correction, 3493-3494
NOTICES PROPOSED RULES.
Textile and apparel categories: Endangered and threatened species:
Caribbean Basin Trade Partnership Act: commercial Findings on petitions, etc.—
availability— Arizona brome and nodding needlegrass, 3504-3506
Colored open end spun yarns ranging in size from 6/ NOTICES
1 to 18/1 English count, 3521-3522 Endangered and threatened species:
Incidental take permits—
Kern County, CA: Tipton kangaroo rat, San Joaquin kit
Defense Department
fox, and western burrowing owl, 3546-3548
See Navy Department
Recovery plans—
Barton Springs salamander, 3548-3550
Drug Enforcement Administration Endangered and threatened species permit applications
NOTICES Incidental take permits—
Agency information collection activities: proposals, Bastrop County, TX; Houston toad, 3546
submissions, and approvals, 3559—3561
Applications, hearings, determinations, etc.: Forest Service
Al-Alousi, Inc., 3561-3563 NOTICES
Surapaneni, Ray V., D.O., 3563-3564 Environmental statements: notice of intent:
Thomas, James E., M.D., 3564 Inyo and Sierra National Forests, CA, 3508-3509
IV Federal Register/Vol. 70, No. 15/Tuesday, January 25, 2005/Contents
Meetings; Land Management Bureau
Olympic Provincial Advisory Committee, 3509 NOTICES
Environmental statements; record of decision:
Health and Human Services Department Sierra and Otero Counties, NM; Federal fluid minerals
See Aging Administration leasing and development, 3550
See Centers for Medicare & Medicaid Services Resource management plans, etc.;
See Children and Families Administration Sierra and Otero Counties, NM; Federal fluid minerals
See National Institutes of Health leasing and development, 3550-3557
See Substance Abuse and Mental Health Services Survey plat filings:
Administration Nevada, 3557
RULES
Health care access: Mine Safety and Health Administration
Interstate quarantine; establishment of vaccination clinics NOTICES
and user fee for the flu, 3490-3493 Safety standard petitions:
NOTICES Six M Coal Co., et al., 3566
Meetings;
HIV/AIDS Presidential Advisory Council, 3529 National Aeronautics and Space Administration
Reports and guidance documents; availability, etc.: NOTICES
Medicare Trustees Report; Internet availability, 3529 Meetings:
NASA Robotic and Human Exploration of Mars Strategic
Housing and Urban Development Department Roadmap Committee, 3566
NOTICES
Agency information collection activities; proposals, National Foundation on the Arts and the Humanities
submissions, and approvals, 3543-3545 NOTICES
Meetings:
Inter-American Foundation Humanities Panel, 3566-3567
NOTICES
Meetings; Sunshine Act, 3545-3546 National Institutes of Health
NOTICES
interior Department Inventions, Government-owned; availability for licensing,
See Fish and Wildlife Service 3534-3535
See Land Management Bureau Meetings:
See Reclamation Bureau National Cancer Institute, 3535
National Heart, Lung, and Blood Institute, 3535-3536
Internal Revenue Service
National Institute of Allergy and Infectious Diseases,
RULES 3536
Income taxes;
National Institute of Diabetes and Digestive and Kidney
Defined contribution plans; distribution forms
Diseases, 3536—3538
elimination, 3475-3477
National Institute of Environmental Health Sciences,
NOTICES
3538
Agency information collection activities; proposals,
National Institute on Aging, 3538-3539
submissions, and approvals, 3578-3581
National Institute on Deafness and Other Communication
Meetings:
Disorders, 3536
Taxpayer Advocacy Panels, 3581
Scientific Review Center, 3539-3541
International Trade Administration Reports and guidance documents; availability, etc.:
National Institute of Biomedical Imaging and
NOTICES
Antidumping: Bioengineering; five-year strategic plan, 3541-3542
Crepe paper from—
National Labor Relations Board
China, 3509-3510
Orange juice from— RULES
Brazil, 3510-3512 Practice and procedure:
Consent-election agreements, 3477-3478
Justice Department
See Drug Enforcement Administration National Oceanic and Atmospheric Administration
NOTICES NOTICES
Meetings: Reports and guidance documents; availability, etc.:
Violence Against Women National Advisory Committee, U.S. Marine Managed Areas Inventory; criteria, 3512-
3558-3559 3521
Labor Department Navy Department
See Labor Statistics Bureau NOTICES
See Mine Safety and Health Administration Committees: establishment, renewal, termination, etc.:
Ocean Research Advisory Panel, 3522-3523
Labor Statistics Bureau Meetings;
NOTICES U.S. Naval War College, Board of Advisors to President,
Reports and guidance documents; availability, etc.: 3523
State and local area labor force statistics: monthly labor Patent licenses; non-exclusive, exclusive, or partially
force statistics for certain subnational areas; exclusive:
estimation method revision, 3564-3565 SWORD Diagnostics, 3523
Federal Register/Vol. 70, No. 15/Tuesday, January 25, 2005/Contents V
Nuclear Regulatory Commission Substance Abuse and Mental Health Services
NOTICES Administration
Environmental statements: availability, etc.: NOTICES
Pharmacopoeia, Inc., 3567-3568 Federal Workplace Drug Testing Programs: Mandatory
Sequoyah Fuels Corp., 3568-3569 Guidelines:
Meetings: Sunshine Act, 3569 Urine specimens validity determination standards:
response to public comments, 3542-3543
Personnel Management Office
NOTICES Textile Agreements Implementation Committee
Agency information collection activities: proposals, See Committee for the Implementation of Textile
submissions, and approvals, 3569-3570 Agreements
Reclamation Bureau Transportation Department
NOTICES See Federal Aviation Administration
Environmental statements: notice of intent: See Saint Lawrence Seaway Development Corporation
Contra Costa Water District Alternative Intake Project,
CA, 3557-3558 Treasury Department
See Internal Revenue Service
Saint Lawrence Seaway Development Corporation
PROPOSED RULES Veterans Affairs Department
Seaway regulations and rules:
NOTICES
Miscellaneous amendments, 3495-3501 Agency information collection activities: proposals,
submissions, and approvals, 3581-3582
Small Business Administration Meetings:
NOTICES Women Veterans Advisory Committee, 3582-3583' ‘
Agency information collection activities: proposals,
submissions, and approvals, 3570-3571
Separate Parts In This Issue
Social Security Administration
NOTICES Part II
Privacy Act:
Education Department, 3585-3589
System of records, 3571-3574
State Department
Reader Aids
NOTICES
Arms Export Control Act: Consult the Reader Aids section at the end of this issue for
Commercial export licenses: congressional notification, phone numbers, online resources, finding aids, reminders,
3574-3577 and notice of recently enacted public laws.
Reports and guidance documents: availability, etc.: To subscribe to the Federal Register Table of Contents
Climate Change Science Program: carbon dioxide capture LISTSERV electronic mailing list, go to http://
and storage: Intergovernmental Panel on Climate listserv.access.gpo.gov and select Online mailing list
Change special report: expert review request, 3577- archives, FEDI^GTOC-L, Join or leave the list (or change
3578 settings): then follow the instructions.
VI Federal Register/Vol. 70, No. 15/Tuesday, January 25, 2005/Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
14 CFR
39 .3473
26 CFR
1. 3475
29 CFR
101 .3477
102 .3477
33 CFR
Proposed Rules:
401.3495
40 CFR
52.3479
Proposed Rules:
262.3501
42 CFR
70.3490
50 CFR
17.3493
Proposed Rules:
17. .3504
3473
Rules and Regulations
Federal Register
Vol. 70, No. 15
Tuesday, January’ 25, 2005
This section of the FEDERAL REGISTER National Archives and Records states that including this information
contains regulatory documents having general Administration (NARA). For (line numbers 1 through 757 inclusive)
applicability and legal effect, most of which information on the availability of this will help operators quickly identify the
are keyed to and codified in the Code of material at NARA, call [phone], airplanes affected by this AD.
Federal Regulations, which is published under
or go to: http://www.archives.gov/
50 titles pursuant to 44 U.S.C. 1510. While we agree with the intent of the
federoI_register/
request, we do not agree that the line
The Code of Federal Regulations is sold by code_of_federaI_reguIations/ numbers should be included in the
the Superintendent of Documents. Prices of ihr_locations.html. applicability of the final rule. Although
new books are listed in the first FEDERAL DOCKET: The AD docket contains the the commenter has provided the correct
REGISTER issue of each week. proposed AD, comments, and any final
line numbers for the affected airplanes
disposition. You can examine the AD
in this AD, we have determined, in
docket on the Internet at http://
DEPARTMENT OF TRANSPORTATION coordination with the manufacturer,
dms.dot.gov, or in person at the Docket
that we should use the manufacturer-
Management Facility office between 9
Federal Aviation Administration assigned, variable numbers in the
a.m. and 5 p.m., Monday through
applicability of an AD. In the past, using
Friday, except Federal holidays. The
14CFR Part 39 line numbers has caused errors in the
Docket Management Facility office
effectivity of the service bulletin, and
[Docket No. FAA-2004-18786; Directorate (telephone [phone]) is located on
consequently in the applicability of the
Identifier 2004-NM-26-AD; Amendment 39- the plaza level of the Nassif Building at
13947; AD 2005-02-02] the U.S. Department of Transportation, AD, because the manufacturer’s
database generates the list of affected
RIN 2120-AA64 400 Seventh Street SW., Room PL-401, airplanes by variable number. To
I Washington, DC. This docket number is
eliminate these errors and the additional
Airworthiness Directives; Boeing FAA-2004-18786; the directorate
work in revising a service bulletin, the
Model 767-200, -300, and -300F Series identifier for this docket is 2004-NM-
Airplanes 26-AD. manufacturer has chosen to identify
affected airplanes by variable number in
AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: future service bulletins. We anticipate
Technical information: Suzanne
Administration (FAA), Department of this will also save time and work for
Masterson, Aerospace Engineer,
Transportation (DOT). operators and us because fewer ADs will
Airframe Branch, ANM-120S, FAA,
ACTION: Final rule. Seattle Aircraft Certification Office, be superseded for applicability errors.
Therefore, no change to this AD is
1601 Lind Avenue, SW., Renton,
SUMMARY: The FAA is adopting a new necessary in this regard.
Washington 98055-4056; telephone
airworthiness directive (AD) for certain
Boeing Model 767-200, -300, and [phone]; fax [phone]. Request To Update the Discussion
-300F serie.s airplanes. This AD requires Plain language information: Marcia Section
Walters, [email protected].
repetitive high frequency eddy current
inspections and detailed inspections of SUPPLEMENTARY INFORMATION: The FAA The same commenter also requests
the left and right hutt line (BL) 25 proposed to amend 14 CFR part 39 with that we update the Discussion section of
vertical chords for cracks, and corrective an AD for certain Boeing Model 767- the proposed AD. The commenter states
acti'>ns if necessary. This AD is 200, -300, and -300F series airplanes. that, since issuance of the proposed AD,
prompted hy findings of cracks in the That action, published in the Federal three operators have also reported
fillet radii of the left and right BL 25 Register on August 6, 2004 (69 FR finding cracks on the vertical chords of
vertical chords common to the nose 47804), proposed to require repetitive one Boeing Model 767-200 series
wheel well bulkhead at station 287. We high frequency eddy current inspections airplane and several Model 767-300
are issuing this AD to detect and correct and detailed inspections of the left and series airplanes.
cracks in the left and right BL 25 right butt line (BL) 25 vertical chords for We do not agree with the request,
vertical chords, which could grow cracks, and corrective actions if since the Discussion section of a
downward into a critical area that serves necessary. proposed AD is not included in a final
as a primary load path for the nose Comments rule. We thank the commenter for the
landing gear (NLG) and result in the information, but no change is necessary
We provided the public the
collapse of the NLG during landing. to this final rule.
opportunity to participate in the
DATES: This AD becomes effective development of this AD. We have Explanation of Change to This AD
March 1, 2005.
considered the comments that have
The incorporation by reference of a been submitted on the proposed AD. Boeing has received a Delegation
certain publication listed in the AD is Option Authorization (DOA). We have
approved by the Director of the Federal Request To Include the Line Numbers revised this final rule to delegate the
Register as of March 1, 2005. of the Affected Airplanes in the authority to approve an alternative
ADDRESSES: For service information Applicability method of compliance for any repair
identified in this AD, contact Boeing One commenter, the manufacturer, required by this AD to the Authorized
Commercial Airplanes, P.O. Box 3707, requests that we include the line Representative for the Boeing DOA
Seattle, Washington 98124-2207. You- numbers of the affected airplanes in the Organization rather than the Designated
can examine this information at the applicability of this AD. The commenter Engineering Representative (DER).
3474 Federal Register/Vol. 70, No. 15/Tuesday, January 25, 2005/Rules and Regulations
Conclusion We prepared a regulatory evaluation this AD; Do a high frequency eddy current
of the estimated costs to comply with inspection and a detailed inspection of the
We have carefully reviewed the
available data, including the comments this AD. See the ADDRESSES section for lteof tt haen dn orsige hwt hBeLe l2 5w velelr tbiucalkl hcehaodr dast cstoamtimono n
a location to examine the regulatory
that have been submitted, and 287 for cracks, in accordance with the service
determined that air safety and the evaluation. bulletin.
public interest require adopting the AD List of Subjects in 14 CFR Part 39 (1) Within 72 months since the date of
with the change described previously. issuance of the original Airworthiness
We have determined that these changes Air transportation, Aircraft, Aviation Certificate or the date of issuance of the
will neither increase the economic safety. Incorporation by reference. original Export Certificate of Airworthiness.
Safety. (2) Within 18 months after the effective
burden on any operator nor increase the
date of this AD.
scope of the AD. Adoption of the Amendment
Note 1: For the purposes of this AD, a
Costs of Compliance ■ Accordingly, under the authority detailed inspection is: “An intensive
This AD affects about 743 airplanes delegated to me by the Administrator, examination of a specific item, installation,
worldwide and 312 airplanes of U.S. the FAA amends 14 CFR part 39 as or assembly to detect damage, failure, or
irregularity. Available lighting is normally
registry. The required actions take about follows:
supplemented with a direct source of good
8 work hours per airplane, at an average PART 39—AIRWORTHINESS lighting at an intensity deemed appropriate.
labor rate of $65 per work hour. No Inspection aids such as mirror, magnifying
DIRECTIVES
parts are required. Based on these lenses, etc., may be necessary. Surface
figures, the estimated cost of the AD for ■ 1. The authority citation for part 39 cleaning and elaborate procedures may be
U.S. operators is $162,240, or $520 per continues to read as follow's: required.”
airplane, per inspection cycle.
Authority: 49 U.S.C. 106(g), 40113, 44701. No Cracks Found
Authority for This Rulemaking (h) For any BL 25 vertical chord in which
§39.13 [Amended]
The FAA’s authority to issue rules no crack is found during any inspection
regarding aviation safety is found in title ■ 2. The FAA amends § 39.13 by adding required by paragraph (g) of this AD:
the following new airworthiness Thereafter at intervals not to exceed 48
49 of the United States Code. Subtitle I,
directive (AD): months, repeat the inspections required by
section 106 describes the authority of
paragraph (g) of this AD for any BL 25
the FAA Administrator. Subtitle VII, 2005-02-02 Boeing: Amendment 39-13947. vertical chord that has not been repaired
Aviation Programs, describes in more Docket No. FAA-2004-18786: according to paragraph (i) or (j) of this AD.
detail the scope of the agency’s Directorate Identifier 2004-NM-26—AD.
Cracks Found: Extending Below Water Line
authority. Effective Date
(WL) 159
This rulemaking is promulgated
(a) This AD becomes effective March 1,
under the authority described in subtitle 2005. (i) If any crack is found on any BL 25
VII, part A, subpart III, section 44701, vertical chord during any inspection required
Affected ADs by paragraph (g) or (h) of this AD, and the
“General requirements.” Under that
crack extends below WL 159; Before further
section. Congress charges the FAA with (b) None.
flight, repair according to a method approved
promoting safe flight of civil aircraft in Applicability by the Manager, Seattle Aircraft Certification
air commerce by prescribing regulations (c) This AD applies to Boeing Model 767- Office (AGO), FAA; or according to data
for practices, methods, and procedures 200, -300, and -300F series airplanes, meeting the certification basis of the airplane
the Administrator finds necessary for certificated in any category; as listed in approved by an Authorized Representative
safety in air commerce. This regulation Boeing .Mert Serv’ice Bulletin 767-53A0113, for the Boeing Delegation Option
is within the scope of that authority dated February 26, 2004. Authorization Organization who has been
because it addresses an unsafe condition authorized by the Manager, Seattle AGO, to
Unsafe Condition make those findings. For a repair method to
that is likely to exist or develop on
(d) This AD was prompted by findings of be approved, the approval must specifically
products identified in this AD.
cracks in the fillet radii of the left and right reference this AD.
Regulatory Findings butt line (BL) 25 vertical chords common to Cracks Found: Not Extending Below WL 159
the nose wheel well bulkhead at station 287.
We have determined that this AD will We are issuing this AD to detect and correct (j) If any crack is found in any BL 25
not have federalism implications under cracks in the left and right BL 25 vertical vertical chord during any inspection required
Executive Order 13132. This AD will chords, which could grow’ downward into a by paragraph (g) or (h) of this AD, and the
not have a substantial direct effect on critical area that serves as a primary load crack does not extend below WL 159: Before
the States, on the relationship between path for the nose landing gear (NLG) and further flight, repair any damaged BL 25
the National Government and the States, result in the collapse of the NLG during vertical chord in accordance with the service
or on the distribution of power and landing. bulletin.
responsibilities among the various Compliance Repaired BL 25 Vertical Chords
levels of government. (e) You are responsible for having the (k) Repair of any BL 25 vertical chord in
For the reasons discussed above, I actions required by this AD performed within accordance with paragraph (i) or (j) of this
certify that this AD: the compliance times specified, unless the AD, as applicable, terminates the repetitive
(1) Is not a “significant regulatoiy actions have already been done. inspections required by paragraph (h) of this
action” under Executive Order 12866; AD for the repaired vertical chord only. If
(2) Is not a “significant rule” under Service Bulletin Reference* both the left and right BL 25 vertical chords
DOT Regulatory Policies and Procedures (f) The term “service bulletin,” as used in are repaired as required by paragraph (i) or
(44 FR 11034, February 26.1979); and this AD, means the Accomplishment (j) of this AD, as applicable, no more work
(3) Will not have a significant Instructions of Boeing Alert Service Bulletin is required by this AD.
767-53A0113, dated February 26, 2004.
economic impact, positive or negative, Alternative Methods of Compliance
on a substantial number of small entities Initial Inspections (AMOCs)
under the criteria of the Regulatory (g) At the later of the compliance times (l) (1) The Manager, Seattle Aircraft
Flexibility Act. specified in paragraphs (g)(1) and (g)(2) of Certification Office (AGO), FAA, has the