63338 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

Pilatus Aircraft Ltd.: Docket No. FAA 2004–

19221; Directorate Identifier 2004–CE–

28–AD 

When Is the Last Date I Can Submit 

Comments on This Proposed AD? 

(a) We must receive comments on this 

proposed airworthiness directive (AD) by 

December 3, 2004. 

What Other ADs Are Affected By This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects Models PC–12 and PC–

12/45 airplanes, all serial numbers, that are 

certificated in any category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for 

Switzerland. The actions specified in this AD 

are intended to prevent failure of the main 

landing gear (MLG) actuator, which could 

result in loss of hydraulic extension/

retraction of the MLG. This failure could lead 

to loss of control during ground operations. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Check the airplane logbook to ensure that 

no main landing gear (MLG) actuator (part 

number (P/N) 960.30.01.103) with serial 

numbers (SN) 830E through 881E is installed.

Within 90 days after the effective date of this 

AD, unless already done.

The owner/operator holding at least a private 

pilot certificate as authorized by section 

43.7 of the Federal Aviation Regulations 

(14 CFR 43.7) may do this check. 

(2) If you can positively determine that no MLG 

actuator (P/N 960.30.01.103) with SN 830E 

through 881E is installed, then no further action is required.

Not Applicable .................................................. Make an entry in the aircraft records showing 

compliance with paragraphs (e)(1) and 

(e)(2) of this AD per section 43.9 of the 

Federal Aviation Regulations (14 CFR 

43.9). 

(3) If you cannot positively determine that no 

MLG actuator (P/N 960.30.01.103) with SN 

830E through 881E is installed, then inspect 

any MLG actuator (P/N 960.30.01.103) for 

SN 830E through 881E.

Within 90 days after the effective date of this 

AD, unless already done.

Follow the Accomplishment Instructions—Aircraft section in Pilatus PC–12 Service Bulletin No. 32–017, dated August 3, 2004. 

(4) If any MLG actuator (P/N 960.30.01.103) 

with SN 830E through 881E is found during 

the inspection required by paragraph (e)(3) of 

this AD, replace the MLG actuator with a P/N 

960.30.01.103 actuator that has a SN other 

than 830E through 881E.

Before further flight after the inspection required by paragraph (e)(3) of this AD in 

which any actuator with SN 830E through 

881E is found.

Follow the Accomplishment Instructions— Aircraft section in Pilatus PC–12 Service Bulletin No. 32–017, dated August 3, 2004. 

(5) Do not install any MLG actuator (P/N 

960.30.01.103) with SN 830E through 881E.

As of the effective date of this AD ................... Not Applicable. 

Note: The FAA recommends that you send 

any MLG actuator (P/N 960.30.01.103) with 

SN 830E through 881E to Pilatus.

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Doug Rudolph, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, 901 Locust, Room 301, Kansas 

City, Missouri 64106; telephone: (816) 329–

4059; facsimile: (816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) Swiss AD Number HB 2004–330, dated 

August 18, 2004, also addresses the subject 

of this AD. 

May I Get Copies of the Documents 

Referenced in This AD? 

(h) To get copies of the documents 

referenced in this AD, contact Pilatus Aircraft 

Ltd., Customer Liaison Manager, CH–6371 

Stans, Switzerland; telephone: +41 41 619 

6208; facsimile: +41 41 619 7311; e-mail: 

SupportPC12@pilatus-aircraft.com or from 

Pilatus Business Aircraft Ltd., Product 

Support Department, 11755 Airport Way, 

Broomfield, Colorado 80021; telephone: (303) 

465–9099; facsimile: (303) 465–6040. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC, or on the Internet at http://dms.dot.gov. 

This is docket number FAA 2004–19221.

Issued in Kansas City, Missouri, on 

October 25, 2004. 

Scott L. Sedgwick, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24323 Filed 10–29–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–P–7659] 

Proposed Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Proposed rule.

SUMMARY: Technical information or 

comments are requested on the 

proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed below. The BFEs and modified 

BFEs are the basis for the floodplain 

management measures that the 

community is required either to adopt 

or to show evidence of being already in 

effect in order to qualify or remain 

qualified for participation in the 

National Flood Insurance Program 

(NFIP).

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Proposed Rules 63339

DATES: The comment period is ninety 

(90) days following the second 

publication of this proposed rule in a 

newspaper of local circulation in each 

community.

ADDRESSES: The proposed BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below.

FOR FURTHER INFORMATION CONTACT:

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903.

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

makes the final determinations listed 

below for the modified BFEs for each 

community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of the Emergency Preparedness 

and Response Directorate has resolved 

any appeals resulting from this 

notification. 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

National Environmental Policy Act.

This proposed rule is categorically 

excluded from the requirements of 44 

CFR Part 10, Environmental 

Consideration. No environmental 

impact assessment has been prepared. 

Regulatory Flexibility Act. The 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate certifies that this rule is 

exempt from the requirements of the 

Regulatory Flexibility Act because 

modified base flood elevations are 

required by the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are required to maintain community 

eligibility in the NFIP. No regulatory 

flexibility analysis has been prepared. 

Regulatory Classification. This 

proposed rule is not a significant 

regulatory action under the criteria of 

Section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 12612, Federalism.

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 12612, Federalism, 

dated October 26, 1987. 

Executive Order 12778, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Section 2(b)(2) 

of Executive Order 12778.

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood Insurance, Reporting 

and recordkeeping requirements.

Accordingly, 44 CFR Part 67 is 

proposed to be amended as follows:

PART 67—[AMENDED] 

1. The authority citation for Part 67 

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376.

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows:

State City/town/county Source of flooding Location 

# Depth in feet above 

ground

♦Elevation in Feet 

♦ (NAVD) 

Existing Modified 

MO ......................... Knob Noster (City) 

Johnson County.

Clear Fork ......................... ................................................................... ♦ 714 ♦ 726 

................................ Hughes Branch ................. ................................................................... ♦ 747 ♦ 779 

................................ Tributary 1 ........................ ................................................................... ♦ 774 ♦ 781 

................................ Tributary 2 ........................ ................................................................... ♦ 750 ♦ 778 

Maps are available for inspection at City Hall, 218 North State Street, Knob Noster, Missouri.

Send comments to The Honorable Edward Thering, Mayor, City of Knob Noster, 218 North State Street, Knob Noster, Missouri 65336.

State City/town/county Source of flooding Location 

# Depth in feet above 

ground

* Elevation in Feet 

* (NGVD) 

Existing Modified 

OK ......................... Altus (City) Jackson County.Tributary 1 ........................ Approximately 0.40 mile downstream of 

North 2070 Road/Challenger Boulevard.

* 1,337 * 1,339 

Approximately 250 feet upstream of East 

Tammarack Road.

* 1,378 * 1,376 

Tributary 2 ........................ Just upstream of Burlington and Santa Fe 

Railroad Bridge.

* 1,345 * 1,346 

Approximately 1.7 miles upstream of Veterans Drive.* 1,369 * 1,370 

Tributary 3 ........................ At the confluence with Tributary 1 ............ * 1,364 * 1,363

63340 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Proposed Rules 

State City/town/county Source of flooding Location 

# Depth in feet above 

ground

* Elevation in Feet 

* (NGVD) 

Existing Modified 

Maps are available for inspection at 300 East Commerce Street, Altus, Oklahoma.

Send comments to The Honorable T.L. Gramling, Mayor, City of Altus, 300 East Commerce Street, Altus, OK 73521. 

Jackson County 

(Unincorporated 

Areas).

Tributary 1 ........................ Just downstream of County Highway 164 None * 1,334 

Approximately 1,550 feet upstream of the 

confluence of Tributary 2.

None * 1,343 

Tributary 2 ........................ At confluence with Tributary 1 .................. None * 1,343 

Just upstream of Burlington Northern and 

Santa Fe Railway Bridge.

None * 1,346

Maps are available for inspection at 101 North Main Street, Room 101, Altus, Oklahoma.

Send comments to The Honorable Ricky Crouch, Commissioner, District 2, Jackson County, 101 North Main Street, Room 101, Altus, OK 

73521. 

TX .......................... Corsicana (City) 

Navarro County.

Mesquite Branch .............. At the confluence with Post Oak Creek 

(Lower Reach).

* 367 * 368 

Approximately 20 feet upstream of South 

15th Street.

* 415 * 416 

Post Oak Creek (Lower 

Reach).

Approximately 200 feet downstream of 

the confluence of Mesquite Branch.

* 367 * 368 

Approximately 370 feet downstream of 

the confluence of South Fork Post Oak 

Creek and divergence of Post Oak 

Creek (Upper Reach).

* 408 * 407 

Post Oak Creek (Upper 

Reach).

Approximately 350 feet upstream of the 

confluence of South Fork Post Oak 

Creek and divergence of Post Oak 

Creek (Upper Reach).

* 409 * 408 

Approximately 2,960 feet upstream of 

Bowie Drive.

None * 416 

Post Oak Creek Tributary 

3.

At the confluence with Post Oak Creek 

(Lower Reach).

* 399 * 398 

Just upstream of Burlington Northern & 

Santa Fe Railway.

None * 402 

Post Oak Creek Tributary 

5.

At the confluence with Post Oak Creek 

(Lower Reach).

* 407 * 406 

Just upstream of Forrest Lane ................. None * 430 

Post Oak Creek Tributary 

6.

At the confluence with Post Oak Creek 

(Upper Reach).

* 412 * 411 

Approximately 190 feet upstream of 

Emhouse Road.

None * 449 

South Fork Post Oak 

Creek.

At the confluence with Post Oak Creek 

(Lower Reach) and Post Oak Creek 

(Upper Reach).

* 409 * 408 

Approximately 1,490 feet upstream of 

North 29th Street.

None * 438 

Town Branch .................... Approximately 150 feet upstream of the 

confluence with Mesquite Branch.

* 391 * 390 

Approximately 620 feet upstream of North 

24th Street.

None * 454

Maps are available for inspection at the Engineering Department, City of Corsicana Government Center, 200 North 12th Street, Corsicana, 

Texas.

Send comments to The Honorable Jay Waterman, Mayor, City of Corsicana, City of Corsicana Government Center, 200 North 12th Street, 

Corsicana, TX 75110. 

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Proposed Rules 63341

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’)

Dated: October 26, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–24332 Filed 10–29–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 041021287–4287–01; I.D. 

101804E]

RIN 0648–AS82

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Control Date

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Advance notice of proposed 

rulemaking; notice of a control date for 

the purposes of controlling entry in the 

general category Atlantic sea scallop 

fishery.

SUMMARY: NMFS announces that it is 

considering, and is seeking public 

comment on, proposed rulemaking to 

control future access to the open access 

vessel permit category (general category) 

Atlantic sea scallop fishery if a 

management regime is developed and 

implemented under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) to limit the number of participants 

in this sector of the scallop fishery. This 

sector of the fishery includes vessels 

with general category permits, as well as 

vessels with limited access scallop 

permits that land scallops while not on 

a scallop day-at-sea (DAS). This 

announcement is intended, in part, to 

promote awareness of potential 

eligibility criteria for future access so as 

to discourage speculative entry into the 

fishery while the New England Fishery 

Management Council (Council) 

considers whether and how access to 

the general category sea scallop fishery 

should be controlled. The date of 

publication of this notice, November 1, 

2004, shall be known as the ‘‘control 

date’’ and may be used for establishing 

eligibility criteria for determining levels 

of future access to the sea scallop 

fishery subject to Federal authority.

DATES: Written comments must be 

received on or before 5:00 p.m., local 

time, December 1, 2004.

ADDRESSES: You may submit comments 

by any of the following methods:

• E-mail: sccontroldate@NOAA.gov. 

Include in the subject line the following: 

‘‘Comments on the Atlantic Sea Scallop 

Control Date Notice.’’

• Federal e-Rulemaking Portal:

http://www.regulations.gov.

• Mail: Paper, disk, or CD-ROM 

comments should be sent to Patricia A. 

Kurkul, Regional Administrator, 

National Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 01930. 

Mark the outside of the envelope, 

‘‘Comments on the Atlantic Sea Scallop 

Control Date Notice.’’

• Fax: (978) 281–9135.

FOR FURTHER INFORMATION CONTACT:

Peter W. Christopher, Fishery Policy 

Analyst, 978–281–9288; fax 978–281–

9135. email: 

peter.christopher@noaa.gov.

SUPPLEMENTARY INFORMATION: The 

Atlantic sea scallop is a benthic bivalve 

shellfish that supports a major 

commercial fishery on the Atlantic 

coast. Its distribution in Federal waters 

ranges from the international boundary 

with Canada, west to Georges Bank and 

southern New England, and then south 

to near the North Carolina/Virginia 

border. Sporadic concentrations of 

scallops are also found in the Gulf of 

Maine and south to areas off North 

Carolina. As scallop populations have 

rebuilt from being overfished, inshore 

areas have become more important to 

smaller commercial scallop fishing 

vessels. Notable areas where this 

inshore fishery takes place include the 

Gulf of Maine; the Great South Channel 

near Cape Cod, Massachusetts; the 

Nantucket Lightship Area; off Long 

Island, New York; off the central New 

Jersey coast; and off the Delmarva 

Peninsula.

Landings of scallop meats were 54.9 

million lb (24.9 million kg) in 2003 (an 

increase of 8.1 percent compared to 

2002), with a dockside value of $224.3 

million. Of this amount, 1.9 million lb 

(861,826 kg) (3.5 percent) of scallop 

meats were landed by 335 vessels with 

general category scallop permits. Of this 

general category fishing activity, 175 

vessels with general category permits 

used scallop dredges to land 1.3 million 

lb (589,670 kg) of scallops, according to 

Federal dealer reports. In addition to the 

660,000 lb (299,371 kg) that vessels with 

general category permits were reported 

to have landed during March 1 to 

December 31, 2002, limited access 

vessels landed an additional 96,000 lb 

(43,545 kg)(12.7 percent of the general 

category landings) while fishing under 

general category rules, according to the 

analysis in the Atlantic Sea Scallop 

Fishery Management Plan (FMP) 

Amendment 10 document.

Further, the number of general 

category scallop permits issued between 

2000 and 2004 is higher than the 

number of permits issued between 1994 

and 1999. During the years 1994 to 1999 

the number of permits issued ranged 

from 1,960 (in 1994) to 2,074 (in 1999). 

During the years 2000 to 2004 the 

number of permits issued ranged from 

2,247 (in 2000) to 2,536 (in 2003). Since 

March 1, 2004, general category permits 

issued during the 2004 fishing year 

stand at 2,367.

According to the stock projections in 

the Framework 16 to the Atlantic Sea 

Scallop FMP and Framework 39 to the 

Northeast Multispecies FMP analysis, 

the current sea scallop Maximum 

Sustainable Yield (MSY) estimate is 

about 55 million lb (25 million kg) of 

meats. Annual landings are expected to 

vary considerably from this amount at 

times, due to natural variability in 

scallop recruitment. The Council notes 

that current capacity in the scallop 

fishery is sufficient to harvest or exceed 

MSY, and additional fishing by vessels 

that fish under general category rules 

has the potential to cause overfishing. 

The Council is also concerned that such 

fishing may change the historic 

distribution of landings among vessels, 

reduce the number of fishing days 

allocated to limited access vessels, and 

allow vessels that are not traditional 

participants in the scallop fishery to 

enter the fishery in response to 

improving scallop resource conditions 

coupled with increasing restrictions and 

declining prices in other fisheries.

The Council’s original intent in 

establishing the general category scallop 

permit implemented in 1994 through 

Amendment 4 to the Atlantic Sea 

Scallop FMP, was to accommodate 

customary scallop bycatch in other 

fisheries and allow a flexible program 

for seasonal or opportunistic fisheries 

targeting inshore scallops. In response 

to recent concerns raised to the Council 

about expansion of directed scallop 

fishing under general category rules, the 

Council may consider development of 

an amendment to the Atlantic Sea 

Scallop FMP or framework action that 

could restrict access in the general 

category scallop fishery to control 

harvest capacity. Future entry into the 

general category fishery may be based 

on levels of participation (e.g., permit 

categories based on historic harvest 

levels of a vessel) or other criteria 

related to overall harvest capacity.