Federal Register 2006-01-18: Vol 71 Iss 11

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Vol. 71 No. 11 Jan. 18, 2006
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II Federal Register/Vol. 71, No, 11/Wednesday, January 18, 2006
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III
Contents
Federal Register
Vol. 71, No. 11
Wednesday, January 18, 2006
Agency for International Development Education Department
NOTICES NOTICES
Agency information collection activities; proposals, Agency information collection activities; proposals,
submissions, and approvals, 2900-2901 submissions, and approvals, 2915-2916
Meetings: Grants and cooperative agreements: availability, etc.:
International Food and Agriculture Development Board, Elementary and secondary education—
2901 Early Reading First Program, 2916-2922
Teaching American History Program, 2922
Agriculture Department
Employment and Training Administration
See Animal and Plant Health Inspection Service
See Forest Service NOTICES
Reports and guidance documents; availability, etc.;
Rural Industrialization Loan and Grant Program;
Animal and Plant Health Inspection Service
compliance certification request, 2960-2961
NOTICES
Environmental statements: availability, etc.: Energy Department
Melaleuca control; nonindigenous fly release for See Federal Energy Regulatory Commission
biological control, 2901-2902 NOTICES
Meetings: Meetings;
Horse Protection Program, 2902-2903 Environmental Management Site-Specific Advisory
Reports and guidance documents; avafilability, etc.: Board—
Pharmacovigilance of veterinary medicinal products, Rocky Flats, CO, 2922-2923
2903-2904
Environmental Protection Agency
Antitrust Division RULES
Pesticides; tolerances in food, animal fees, and raw
NOTICES
National cooperative research notifications: agricultural commodities:
DVD Copy Control Association, 2960 Thymol, 2889-2895
Institute of Electrical and Electronics Engineers, 2960 NOTICES
Meetings:
Acute Exposure Guideline Levels for Hazardous
Centers for Disease Control and Prevention
Substances National Advisory Committee, 2923-2924
NOTICES National Environmental Education Advisory Council,
Agency information collection activities; proposals,
2924
submissions, and approvals, 2945-2946
Science Advisory Board, 2924—2925
Meetings: Pesticide, food, and feed additive petitions:
National Institute for Occupational Safety and Health—
BASF Corp., 2925-2926
Radiation and Worker Health Advisory Board, 2946
Bayer CropScience, 2926-2927
Interregional Research Project (No. 4), 2927-2932
Coast Guard Montana Microbial Products, 2932-2933
RULES Toxic and hazardous substances control:
Ports and waterways safety; regulated navigation areas, New chemicals; receipt and status information, 2933-
safety zones, security zones, etc.: 2937
Port Valdez and Valdez Narrows, AK, 2886-2889
Federal Aviation Administration
Commerce Department RULES
Airworthiness directives:
See Foreign-Trade Zones Board
See International Trade Administration McDonnell Douglas, 2859-2863
See National Institute of Standards and Technology Raytheon, 2857-2859
See National Oceanic and Atmospheric Administration NOTICES
Advisory circulars; availability, etc.:
Metallic structure for normal, utility, acrobatic, and
Customs and Border Protection Bureau
commuter category airplanes; fatigue, fail-safe, and
NOTICES damage tolerance evaluation, 2981
Agency information collection activities: proposals, Agency information collection activities; proposals,
submissions, and approvals, 2948-2954 submissions, and approvals, 2981-2983
Airport noise compatibility program;
Defense Department Addison Airport, TX, 2983-2984
NOTICES Scottsdale Airport, AZ, 2984-2985
Federal Acquisition Regulation (FAR): Environmental statements; notice of intent:
Agency information collection activities: proposals, Tucson International Airport, AZ; runway relocation,
submissions, and approvals, 2914-2915 2985
IV Federal Register/Vol. 71, No. 11/Wednesday, January 18, 2006/Contents
Federal Communications Commission General Services Administration
RULES NOTICES
Common carrier services: Federal Acquisition Regulation (FAR):
Unauthorized changes of consumers’ long distance Agency information collection activities; proposals,
carriers; policies and rules, 2895-2897 submissions, and approvals, 2914-2915
NOTICES
Agency information collection activities; proposals, Health and Human Services Department
submissions, and approvals, 2937-2940 See Centers for Disease Control and Prevention
Common carrier services: See Food and Drug Administration
Minimum customer account record exchange obligations
on all local and interexchange carriers; waiver
Homeland Security Department
petition, 2940-2942
See Coast Guard
Wireless telecommunications services—
See Customs and Border Protection Bureau
Telecommunication Relay Service calls; Interstate TRS
Fund reimbursement; withdrawn, 2942
Housing and Urban Development Department
Federal Energy Regulatory Commission NOTICES
Agency information collection activities; proposals,
RULES
submissions, and approvals, 2954-2955
Electric utilities (Federal Power Act):
Federal land use fees; update, 2863-2871
Interior Department
Federal Motor Carrier Safety Administration See Land Management Bureau
See National Park Service
RULES
Motor vehicle safety standards:
Commercial driver’s license stemdards; school bus internal Revenue Service
endorsement, 2897-2898 NOTICES
NOTICES Agency information collection activities; proposals,
Agency information collection activities; proposals* submissions, and approvals, 2987-2988
submissions, and approvals, 2985-2986
International Trade Administration
Federal Railroad Administration
NOTICES
NOTICES Antidumping:
Exemption petitions, etc.: Carbon and certain alloy steel wire rod from—
Association of American Railroads, 2986-2987 Ukraine, 2904-2905
Folding metal tables and chairs from—
Federal Reserve System
.China, 2905-2908
NOTKES Gray portland cement and clinker from—
Agency information collection activities; proposals,
Mexico, 2909-2910
submissions, and approvals, 2942-2943
Export trade certificates of review, 2910-2911
Banks and bank holding companies:
Change in bank control, 2943
International Trade Commission
Federal Trade Commission NOTICES
Import investigations:
NOTICES
Gray portland cement and cement clinker from—
Interlocking directorates:
Mexico, 2957
Clayton Act; jurisdictional thresholds—
Light-emitting diodes and products containing same,
Section 7A, 2943-2944
2958
Section 8, 2943
Premerger notification waiting periods; early terminations,
2944-2945 Justice Department
See Antitrust Division
Food and Drug Administration NOTICES
Agency information collection activities; proposals,
NOTICES
Agency information collection activities; proposals, submissions, and approvals, 2958-2960
submissions, and approvals, 2947-2948
Labor Department
Foreign-Trade Zones Board See Employment and Training Administration
NOTICES See Occupational Safety and Health Administration
Applications, hearings, determinations, etc.:
Puerto Rico Land Management Bureau
Merck, Sharpe & Dohme Quimica De Puerto Rico, Inc.; PROPOSED RULES
pharmaceutical products, correction, 2904 Land resource management:
Public land recreation permits; correction, 2899
Forest Service NOTICES
NOTICES Environmental statements; availability, etc.:
Meetings: Western United States and Alaska; vegetation treatments
Resource Advisory Committees— on public lands using chemical herbicides and other
Ravalli County, 2904 me&ods, 2955
Federal Register/Vol. 71, No. 11/Wednesday, January 18, 2006/Contents V
Environmental statements; notice of intent: Small Business Administration
Old Spanish National Historic Trail, NM, CO, AZ, UT, NOTICES
NV, and CA; comprehensive management plan, Disaster loan areas:
2956-2957 Maine, 2978-2979
t Small business size standards:
National Aeronautics and Space Administration Nonmanufacturer rule; waivers—
Water treatment chemicals, 2979-2980
NOTICES
Federal Acquisition Regulation (FAR): Applications, hearings, determinations, etc.:
Agency information collection activities: proposals, Telesoft Partners II SBIC, L.P., 2978
submissions, and approvals, 2914-2915
Social Security Administration
National Institute of Standards and Technology RULES
Social security benefits and supplemental security income:
NOTICES
Federal old age, survivors, and disability insurance, and
Meetings:
aged, blind, and disabled—
National Conference on Weights and Measures, 2911-
Parties representation; recognition, disqualification,
2912
and reinstatement of representative, 2871-2879
National Oceanic and Atmospheric Administration
State Department
NOTICES
NOTICES
Meetings:
Agency information collection activities: proposals,
Gulf of Mexico Fishery Management Council, 2912-2913
submissions, and approvals, 2980-2981
New England Fishery Management Council, 2913-2914
Culturally significant objects imported for exhibition:
North Pacific Fishery Management Council, 2914
Courbet and the Modem Lemdscape, 2981
National Park Service Surface Transportation Board
NOTICES NOTICES
Environmental statements; notice of intent: Railroad operation, acquisition, construction, etc.:
Old Spanish National Historic Trail, NM, CO, AZ, UT, CSX Transportation, Inc., 2987
NV, and CA; comprehensive management plan, Norfolk Southern Railway Co., 2987
2956-2957
Transportation Department
National Transportation Safety Board See Federal Aviation Administration
NOTICES See Federal Motor Carrier Safety Administration
Meetings; Sunshine Act, 2961 See Federal Railroad Administration
See Surface Transportation Board
Occupational Safety and Health Administration
Treasury Department
RULES
Construction safety and health standards: See Internal Revenue Service
Steel erection; skeletal structural steel slip resistance,
2879-2885 United States Institute of Peace
State plans; standards approval, etc.: NOTICES
Oregon. 2885-2886 Grants and cooperative agreements; availability, etc.:
Solicited grants—
Spring Competition Program, 2988
Securities and Exchange Commission
Unsolicited grants—
NOTICES
Spring Competition Program, 2988-2989
Self-regulatory organizations; proposed rule changes:
Chicago Board Options Exchange, Inc., 2963-2965
National Association of Securities Dealers, Inc., 2965-
2969 Reader Aids
National Securities Clearing Corp., 2969-2970 Consult the Reader Aids section at the end of this issue for
National Stock Exchange, 2970-2973 phone numbers, online resources, finding aids, reminders,
Options Clearing Corp., 2973-2975 and notice of recently enacted public laws.
Philadelphia Stock Exchange, Inc., 2975-2978 To subscribe to the Federal Register Table of Contents
Correction, 2975 LISTSERV electronic mailing list, go to http://
Applications, hearings, determinations, etc.: listserv.access.gpo.gov and select Online mailing list
CharterMac, 2961-2962 archives, FEDREGTOC-L, Join or leave the list (or change
Glacier Water Services, Inc., et al., 2962 settings); then follow the instmctions.
VI Federal Register/Vol. 71, No. 11/Wednesday, January 18, 2006/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 (2 documents) ....2857, 2859
18 CFR
11.2863
20 CFR
404. .2871
416. .2871
29 CFR
1926. .2879
1952. .2885
33 CFR
165. .2886
40 CFR
180. .2889
43 CFR
Proposed Rules:
2930. .2899
47 CFR
64. .2395
49 CFR
383 . .2897
384 . .2897
I
Rules and Regulations
Federal Register
Vol. 71. No. 11
Wednesday, January 18, 2006
This section of the FEDERAL REGISTER of a certain publication listed in the AD the defective parts are installed on other
contains regulatory documents having general as of February 22, 2006. aircraft, particularly those manufactured
applicability and legal effect, most of which ADDRESSES: You may examine the AD by Israel Aircraft Industries. If so, then
are keyed to and codified in the Code of docket on the Internet at http:// consideration should be given to making
Federal Regulations, which is published under dms.dot.gov or in person at the Docket the NPRM applicable to the Honeywell
50 titles pursuant to 44 U.S.C. 1510.
Management Facility, U.S. Department part, rather than the airframe on which
The Code of Federal Regulations is sold by of Transportation, 400 Seventh Street it is installed or, alternatively, to the
the Superintendent of Documents. Prices of SW., Nassif Building, room PL-401, Honeywell part and the identified
new books are listed in the first FEDERAL Washington, DC. airframes.
REGISTER issue of each week. Contact Raytheon Aircraft Company, The FAA considered the commenter’s
Department 62, P.O" Box 85, Wichita, request. In this particular case, the
Kansas 67201-0085, for service unsafe condition is caused by the
DEPARTMENT OF TRANSPORTATION information identified in this AD. combination of a part that can overheat
and the particular installation allowing
Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: it to be close to surrounding material
Philip Petty, Aerospace Engineer,
that could burn. We have contacted the
14CFR Part 39 Electrical Systems and Avionics Branch, Civil Aviation Administration of Israel
ACE-119W, FAA, Wichita Aircraft
(CAAI) to determine if the unsafe
[Docket No. FAA-2005-20969; Directorate Certification Office, 1801 Airport Road,
Identifier 2005-NM-017-AD; Amendment room 100, Mid-Continent Airport, condition identified in this AD may also
39-14443; AD 2006-01-04] occur on airplanes manufactured by
Wichita, Kansas 67209; telephone (316)
Israel Aircraft Industries. If the CAAI
RIN 2120-AA64 946-4139; fax [phone].
determines that the unsafe condition
Airworthiness Directives; Raytheon SUPPLEMENTARY INFORMATION: could exist on additional airplanes, we
Model DH.125, HS.125, and BH.125 Examining the bocket will consider further rulemaking. No
Series Airplanes; Model BAe.125 change to the final rule is necessary in
Series 800A (C-29A and U-125), 800B, You may examine the airworthiness this regard.
directive (AD) docket on the Internet at
1000A, and 1000B Airplanes; and http://dms.dot.gov or in person at the Request To Reference Parts
Model Hawker 800 (Including variant Docket Management Facility office Manufacturer Approval (PMA) Parts
U-125A), and 1000 Airplanes
between 9 a.m. and 5 p.m., Monday The same commenter also requests
AGENCY: Federal Aviation through Friday, except Federal holidays. that the language in the NPRM be
Administration (FAA), Department of The Docket Management Facility office changed to permit installation of PMA
Transportation (DOT). (telephone [phone]) is located on equivalent parts. The commenter states
ACTION: Final rule. the plaza level of the Nassif Building at that the mandated installation of a
the street address stated in the certain part number “is at variance with
SUMMARY: The FAA is superseding an ADDRESSES section. FAR 21.303,” which permits the
existing airworthiness directive (AD), installation of other (PMA) parts.
which applies to certain Raytheon Discussion We infer that the commenter would
airplanes identified above. That AD The FAA issued a notice of proposed like the AD to permit installation of any
currently requires a visual inspection to rulemaking (NPRM) to amend 14 CFR equivalent PMA parts so that it is not
determine whether adequate clearance part 39 to include an AD that necessary for an operator to request
exists between the fan venturi motor supersedes AD 94-11-03, amendment approval of an alternative method of
casing and the adjacent equipment, and 39-8919 (59 FR 27231, May 26, 1994). compliance (AMOC) in order to install
adjustments, if necessary: and a visual The existing AD applies to certain an “equivalent” PMA part. Whether an
inspection to detect signs of Raytheon Corporate Jets Model DH/BH/ alternative part is “equivalent” in
overheating, degradation of insulating HS BAe 125 and Hawker 800 and 1000 adequately resolving the unsafe
materials, and ingestion of debris into series airplanes. That NPRM was condition can only be determined on a
the motor, and replacement of published in the Federal Register on case-by-case basis based on a complete
discrepant parts with serviceable parts. April 18, 2005 (70 FR 20080). That understanding of the unsafe condition.
This new AD instead requires that NPRM propciocii to require replacing the We are not currently aware of any such
operators replace the fan venturi with a fan venturi with a new or modified part. parts. Our policy is that, in order for
new or modified part. This AD results operators to replace a part with one that
from reports that the fan venturi Comments is not specified in the AD, they must
overheated and produced smoke while We provided the public the request an AMOC. This is necessary so
the airplane was on the ground. We are opportunity to participate in the that we can make a specific
issuing this AD to prevent heat and fire development of this AD. We have determination that an alternative part is
damage to equipment adjacent to the fan considered the comments from one or is not susceptible to the same unsafe
venturi, which could result in smoke in commenter that have been received on condition.
the cabin and/or burning equipment. the NPRM. In response to the commenter’s
DATES: This AD becomes effective statement regarding a “variance with
Request for Parts AD
February 22, 2006. FAR 21.303,” under which the FAA
The Director of the Federal Register The commenter requests that a issues parts manufacturer approvals
approved the incorporation by reference determination be made as to whether (PMA), this statement appears to reflect
2858 Federal Register/Vol. 71, No. 11/Wednesday, January 18, 2006/Rules and Regulations
a misunderstanding of the relationship numbered identically. However, the compromises unless due consideration
between ADs and the certification commenter adds that this is not usually is given to the broader aspects of an
procedmal regulations of part 21 of the the case, and states that PMA identified problem.
FARs (14 CFR part 21). Those manufacturers are encouraged—and in
Although the commenter’s remarks
regulations, including section 21.303 of some cases, required—to identify PMA
above do not specifically request a
the FARs (14 CFR 21.303), are intended parts by alternative designations.
change to this AD, we would like to
to ensure that aeronautical products and We concur with the commenter’s
clarify that we do use service bulletins
parts are safe. But ADs are issued when, general request that, if we know that an
as starting points for our research into
notwithstanding those procedures, we unsafe condition also exists in PMA
the development of an AD, when they
become aware of unsafe conditions in parts, the AD should address those
are available, because of the original
these products or parts. Therefore, an parts, as well as the original parts. As
equipment manufacturer (OEM’s)
AD takes precedence over other the commenter states, in this case, the
expertise and broad knowledge of the
“approvals” when we identify an unsafe identified PMA part has the same part
product. Often, service information may
condition, and mandating installation of number as the original, and is therefore
not even be available that addresses a
a certain part number in an AD is not subject to the requirements of this AD.
particular identified unsafe condition.
at variance with section § 21.303. We are not aware of other PMA parts
In all cases, we may also consult with
The AD provides a means of that have a different part number. The
other aeronautical experts, specialists,
compliance for operators to ensure that commenter’s remarks are timely in that
and vendors, and we may research
the identified unsafe condition is the Transport Airplane Directorate
addressed appropriately. For an unsafe cmrently is in the process of reviewing databases, reports, testing results, etc.,
condition attributable to a part, the AD this issue as it applies to transport to ensure that the unsafe condition is
normally identifies the replacement category airplanes. We acknowledge addressed in an appropriate and timely
parts necessary to obtain that that there may be other ways of manner. No change has been made to
compliance. As stated in section 39.7 of addressing this issue to ensure that this AD as a result of the commenter’s
the FARs (14 CFR 39.7), “Anyone who unsafe PMA parts are identified and remarks in the previous paragraph.
operates a product that does not meet addressed. Once we have thoroughly Clarification of AMOC Paragraph
the requirements of an applicable examined all aspects of this issue,
airworthiness directive is in violation of including input from industry, and have We have revised this action to clarify
this section.” Unless an operator obtains made a final determination, we will the appropriate procedure for notifying
approval for an AMOC, replacing a part consider whether our policy regarding the principal inspector before using any
with one not specified by the AD would addressing PMA parts in ADs needs to approved AMOC on any airplane to
make the operator subject to an ■" be revised. We consider that to delay which the AMOC applies.
enforcement action and result in a civil this AD action would be inappropriate,
penalty. No change to the AD is since we have determined that an Conclusion
necessary in this regard. unsafe condition exists and that
We have carefully reviewed the
replacement of certain parts must be
Request To Address Defective PMA available data, including the comments
accomplished to ensure continued
Parts received, and determined that air safety
safety. Therefore, no change has been
and the public interest require adopting
The same commenter also requests made to the final rule in this regard.
that the NPRM be revised to cover the AD with the change described
possible defective PMA alternative Request To Consider Broader Aspects previously. We have determined that
parts, rather than just a single part of an Identified Problem this change will neither increase the
number, so that those defective PMA The commenter also notes that the use economic burden on any operator nor
parts also eire subject to the proposed of alternative PMA parts is becoming increase the scope of the AD.
AD. The commenter notes that because increasingly common, and admonishes Costs of Compliance
there is at least one known PMA part for the FAA to take note of this fact. The
a modified fan venturi, there also may commenter suggests that the FAA view There are about 500 airplanes of the
be other PMA parts for the older, the service bulletin as a starting point affected design worldwide. This AD will
unmodified venturi. The commenter for further research into the problem. affect about 350 airplanes of U.S.
states that in the case of this NPRM, the The commenter concludes that simply registry. The following table provides
PMA holder is also the supplier to the adopting the manufacturers’ service the estimated costs for U.S. operators to
airplane manufacturer, so the parts are bulletins could result in severe safety comply with this AD.
Estimated Costs
Average labor Cost per
Action Work hours Parts
rate per hour airplane
Option 1: Replacement .. 4 $65 $12,487 $12,747
Option 2: Modification.. 8 65 2,269 2,789
Authors ly for This Rulemaking detail the scope of the Agency’s promoting safe flight of civil aircraft in
authority. air commerce by prescribing regulations
Title 49 of the United States Code
specifies the FAA’s authority to issue We are issuing this rulemaking under for practices, methods, and procedures
rules on aviation safety. Subtitle I, the authority described in subtitle VII, the Administrator finds necessary for
section 106, describes the authority of part A, subpart III, section 44701, safety in air commerce. This regulation
the FAA Administrator. Subtitle VII, “General requirements.” Under that is within the scope of that authority
Aviation Programs, describes in more section. Congress charges the FAA with because it addresses an unsafe condition