Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62505

An operator, crewmember or 

manufacturer can participate by 

voluntarily providing data related to 

implementation of safety enhancements 

to an FAA inspector, to another FAA 

representative or to CAST through a 

CAST member organization. 

D. Duration of this protection? 

Information related to implementation 

of safety enhancements recommended 

by CAST will be protected indefinitely. 

Proposed Findings 

The FAA proposes to designate 

information received from operators and 

manufacturers related to 

implementation of CAST safety 

enhancements as protected under 49 

U.S.C. 40123 and 14 CFR 193.7 based on 

the following findings: 

1. Summary of why FAA finds that 

the information will be provided 

voluntarily. The very essence of CAST 

is voluntary participation. Those who 

are members of CAST, who take part in 

the accident analysis, determine the 

feasibility of safety enhancements, and 

agree to implement the enhancements 

do so voluntarily. The key to CAST 

success now rests on understanding the 

level and effectiveness of 

implementation. Operators, 

crewmembers and manufacturers who 

have taken part in the program 

voluntarily to this point can be expected 

to provide information voluntarily to 

support achieving a shared goal of 

improving safety. 

2. Description of the type of 

information that may be voluntarily 

provided under the program and why 

FAA finds that the information is safety 

related. 

CAST participants will provide 

information as to safety enhancements 

implemented, the method of 

implementation, the process to evaluate 

the implementation and any other 

information, such as best practices 

related to the implementation of safety 

enhancements. The FAA finds this 

information is safety related because it 

will aid in measuring whether the safety 

goal—reducing the commercial fatal 

accident rates by 80% by 2007—is being 

achieved. 

3. Summary of why the FAA finds 

that the disclosure of the information 

would inhibit persons from voluntarily 

providing that type of information. 

Because the safety enhancements are 

not required by regulation, operators, 

crewmembers and manufacturers have 

wide discretion when they implement 

them. Industry is concerned that if 

disclosed, there is the potential for the 

information to be used for other than 

improving aviation safety, which was 

the primary reason for establishing 

CAST. Withholding such information 

from disclosures is consistent with 

FAA’s safety responsibilities because 

without information on implementation 

of the safety enhancements, FAA and 

CAST will not be able to determine the 

effectiveness of safety enhancements. If 

FAA and CAST do not receive the 

information, FAA and the public will be 

deprived of the opportunity to 

determine whether the safety goal can 

be reached. 

4. Summary of why receiving the 

information aids in fulfilling FAA’s 

safety responsibilities. 

With this information, FAA and 

industry will be able to determine 

whether the safety enhancements are 

effective. If the data suggests the goal to 

reduce the fatal accident rate will not be 

achieved, additional safety 

enhancements could be identified and 

implemented. 

5. Summary of why withholding the 

information from disclosure is 

consistent with FAA safety 

responsibilities. Summary of when 

withholding the information from 

disclosure would not be consistent with 

FAA safety responsibilities as described 

in 14 CFR 193.9. 

Withholding the information from 

disclosure is consistent with FAA safety 

responsibilities because, to reach FAA’s 

safety goal FAA must be able to evaluate 

the implementation and effectiveness of 

safety enhancements identified through 

CAST. FAA will release information, as 

set forth in part 193, to explain the need 

for changes in FAA policies, procedures 

and regulations. FAA may release deidentified, summarized information 

derived from information reported about 

implementation of the CAST safety 

enhancements. When necessary to 

correct a condition that may 

compromise safety, or to encourage 

more complete and timely 

implementation of safety enhancements, 

FAA may release information to the 

members of CAST. The FAA will give 

information to CAST members who are 

government agencies only if each 

agency meets the requirements 14 CFR 

193.7(e). FAA will give information to 

CAST members that are not government 

agencies only if each member provides 

adequate assurance that it will protect 

the information from further release and 

it will limit access to those with a need 

to know to carry out safety 

responsibilities. 

6. Summary of how FAA will 

distinguish information protected under 

part 193 from information the FAA 

receives from other sources. 

Operators, crewmembers and 

manufacturers will provide information 

related to the implementation of CAST 

safety enhancements directly to FAA 

inspectors or other FAA employees 

designated to receive such information. 

In this way, the information protected 

under this order will be easily identified 

and distinguished from other 

information FAA receives from other 

sources. 

Proposed Designation 

Accordingly, the Federal Aviation 

Administration hereby proposes to 

designate the above-described 

information submitted to demonstrate 

implementation of CAST safety 

enhancements to be protected under 49 

U.S.C. 40123 and 14 CFR part 193.

Issued in Washington, DC, on October 18, 

2004. 

Nicholas A. Sabatini, 

Associate Administrator for Regulation and 

Certification.

[FR Doc. 04–23864 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

[Docket No. ANE–2003–35–1–R0] 

Policy for Ice Protection Equipment

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed policy 

statement; request for comments. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces the 

availability of proposed policy for Ice 

Protection Equipment.

DATES: Comments must be received by 

December 15, 2004.

ADDRESSES: Send all comments on the 

proposed policy to the individual 

identified under FOR FURTHER

INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Jay 

Turnberg, FAA, Engine and Propeller 

Standards Staff, ANE–110, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: jay.turnberg@faa.gov; 

telephone: (781) 238–7116; fax: (781) 

238–7199. The policy statement is 

available on the Internet at the following 

address: http://www.airweb.faa.gov/rgl.

If you do not have access to the Internet, 

you may request a copy of the policy by 

contacting the individual listed in this 

section.

SUPPLEMENTARY INFORMATION:

Comments Invited 

The proposed policy statements are 

available on the Internet at the following 

address: http://www.faa.gov/

certification/aircraft/

62506 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

enginedraftpolicyby.htm. If you do not 

have access to the Internet, you may 

request a copy of the proposed policies 

by contacting the individual listed 

under FOR FURTHER INFORMATION

CONTACT. The FAA invites interested 

parties to comment on the proposed 

policies. Comments should identify the 

subject of the proposed policy and be 

submitted to the individual identified 

under FOR FURTHER INFORMATION

CONTACT. The FAA will consider all 

comments received by the closing date 

before issuing the final policies. 

Background 

The certification of the propeller ice 

protection system involves an overlap 

between airplane and propeller 

requirements. The airplane is required 

to meet the icing requirements of parts 

23 or 25, whereas the propeller is 

required to meet the applicable 

structural and durability requirements 

of part 35. This overlap in certification 

requirements between two certified 

products, airplanes and propellers, has 

led to confusion over the configuration 

and quality control responsibility for the 

certificate holders. For example a 

deicing system shown on a propeller 

type certificate data sheet does not mean 

that compliance with part 23 icing 

requirements was shown. 

This proposed policy provides 

guidance for compliance with parts 21, 

23, 25, and 35 of Title 14 of the Code 

of Federal Regulations. The proposed 

policy clarifies configuration and 

quality control responsibilities for 

certificate holders and parts suppliers 

involved with propeller ice protection 

systems. This proposed policy does not 

create any new requirements.

[Authority: 49 U.S.C. 106(g), 40113, 44701–

44702, 44704.]

Issued in Burlington, Massachusetts, on 

October 15, 2004. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service.

[FR Doc. 04–23860 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration 

Environmental Impact Statement: 

Oconto & Marinette Counties, 

Wisconsin

AGENCY: Federal Highway 

Administration (FHWA), DOT.

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The FHWA is issuing this 

notice to advise the public that an 

environmental impact statement (EIS) 

will be prepared for transportation 

improvements on the U.S. 41 corridor 

from Oconto to Peshtigo in Oconto and 

Marinette Counties, Wisconsin. The 

environmental impact statement will be 

prepared in conformance with 40 CFR 

part 1500 and the FHWA regulations

FOR FURTHER INFORMATION CONTACT: Mr. 

Johnny M Gerbitz, Field Operations 

Engineer, Federal Highway 

Administration, 567 D’Onofrio Drive, 

Madison, Wisconsin, 53719–2814; 

telephone: (608) 829–7500. You may 

also contact Mr. Eugene Johnson, 

Director, Bureau of Equity & 

Environmental Services, Wisconsin 

Department of Transportation, P.O. Box 

7965, Madison, Wisconsin, 53707–7965; 

telephone: number (608) 266–9626.

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded by using a 

computer, modem and suitable 

communications software from the 

Government Printing Offices’ Electronic 

Bulletin Board Service at (202) 512–

1661. Internet users may reach the 

Office of Federal Register’s home page 

at: http://www.archives.gov/ and the 

Government Printing Offices’ database 

at: http://www.gpoaccess.gov/nara/

index.html.

Background 

The FHWA, in cooperation with the 

Wisconsin Department of 

Transportation, will prepare a Draft 

Environmental Impact Statement (EIS) 

on a proposal to provide capacity, safety 

and operational improvements on an 

approximate 21-mile (34-kilometer) 

portion of U.S. 41 between the cities of 

Oconto and Peshtigo in Oconto and 

Marinette Counties, including 

community bypasses at Oconto and 

Peshtigo. 

FHWA’s decision to prepare a draft 

EIS is based on the initial 

environmental assessment that indicates 

the proposed action is likely to have 

significant impacts on the environment 

including wetlands. The draft EIS will 

evaluate the social, economic, and 

environmental impacts of the 

alternatives including no build, 

improvements within the existing 

highway corridor, and improvements on 

new location. 

Information describing the proposed 

action and soliciting comments will be 

sent to appropriate Federal, State, and 

local agencies, private agencies and 

organizations, and citizens who have 

expressed or are known to have an 

interest in this proposal. 

During environmental assessment 

activities, agency scoping and 

coordination was conducted with state 

and federal review agencies (including 

an inter-agency meeting in September 

2004), and there was extensive 

coordination with local officials and 

Native American Tribes. Public 

information meetings were also 

conducted from 2002 to 2004 and two 

open forum public hearings were held 

in August 1999. Another public 

information meeting is planned 

following completion of the draft EIS. 

Public notice will be given of the time 

and place of the meeting and the draft 

EIS will be available for public and 

agency review and comment prior to the 

meeting. Coordination with state and 

federal review agencies will also 

continue throughout preparation of the 

draft EIS. 

To ensure that the full range of issues 

related to this proposed action are 

addressed, and all substantive issues are 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning this 

proposed action and the draft EIS 

should be directed to FHWA or the 

Wisconsin Department of 

Transportation at the addresses 

provided under the heading FOR

FURTHER INFORMATION CONTACT.

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.)

Authority: 23 U.S.C. 315; 49 CFR 1.48.

Issued on: October 20, 2004. 

Johnny M Gerbitz, 

Field Operations Engineer, Federal Highway 

Administration, Madison, Wisconsin.

[FR Doc. 04–23932 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

[Waiver Petition Docket Number FRA–2004–

18746] 

Union Pacific Railroad Company; 

Notice of Extension of Comment 

Period 

On August 10, 2004, FRA published 

a notice in the Federal Register

announcing the Union Pacific Railroad 

Company’s (UP) request to be granted a 

waiver of compliance from certain 

provisions of the Brake System Safety 

Standards for Freight and Other NonVerDate jul<14>2003 15:48 Oct 25, 2004 Jkt 205001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1