3614 Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Rules and Regulations 

(4) The violation was not willful or one 

which could reasonably be expected to have 

been prevented by the DOE contractor’s 

corrective action for a previous violation. 

f. In situations where corrective actions 

have been completed before termination of 

an inspection or assessment, a formal 

response from the contractor is not required 

and the inspection or integrated performance 

assessment report serves to document the 

violation and the corrective action. However, 

in all instances, the contractor is required to 

report the noncompliance through 

established reporting mechanisms so the 

noncompliance issue and any corrective 

actions can be properly tracked and 

monitored. 

g. If DOE initiates an enforcement action 

for a violation at a Severity Level II or III and, 

as part of the corrective action for that 

violation, the DOE contractor identifies other 

examples of the violation with the same root 

cause, DOE may refrain from initiating an 

additional enforcement action. In 

determining whether to exercise this 

discretion, DOE will consider whether the 

DOE contractor acted reasonably and in a 

timely manner appropriate to the security 

significance of the initial violation, the 

comprehensiveness of the corrective action, 

whether the matter was reported, and 

whether the additional violation(s) 

substantially change the security significance 

or character of the concern arising out of the 

initial violation. 

h. The preceding paragraphs are solely 

intended to be examples indicating when 

enforcement discretion may be exercised to 

forego the issuance of a civil penalty or, in 

some cases, the initiation of any enforcement 

action at all. However, notwithstanding these 

examples, a civil penalty may be proposed or 

notice of violation issued when, in DOE’s 

judgment, such action is warranted on the 

basis of the circumstances of an individual 

case.

[FR Doc. 05–1303 Filed 1–25–05; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2004–NE–11–AD; Amendment 

39–13922; AD 2004–26–10] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland (RRD) (Formerly RollsRoyce, plc) Tay 611–8, Tay 620–15, Tay 

620–15/20, Tay 650–15, Tay 650–15/10, 

and Tay 651–54 Turbofan Engines; 

Correction

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document makes 

corrections to Airworthiness Directive 

(AD) 2004–26–10. That AD applies to 

certain RRD Tay 611–8, Tay 620–15, 

Tay 620–15/20, Tay 650–15, Tay 650–

15/10, and Tay 651–54 turbofan engines 

with ice-impact panels installed in the 

low pressure (LP) compressor case. That 

AD was published in the Federal 

Register on January 6, 2005 (70 FR 

1172). This document corrects the same 

service bulletin paragraph number 

reference in 17 locations of the 

compliance section. This document also 

corrects an inspection limit and a 

service bulletin number in the 

compliance section. In all other 

respects, the original document remains 

the same.

EFFECTIVE DATE: Effective January 26, 

2005.

FOR FURTHER INFORMATION CONTACT:

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803–

5299; telephone (781) 238–7747; fax 

(781) 238–7199.

SUPPLEMENTARY INFORMATION: A final 

rule; request for comments AD, FR Doc. 

05–40, that applies to certain RRD Tay 

611–8, Tay 620–15, Tay 620–15/20, Tay 

650–15, Tay 650–15/10, and Tay 651–54 

turbofan engines with ice-impact panels 

installed in the low pressure (LP) 

compressor case, was published in the 

Federal Register on January 6, 2005 (70 

FR 1172). The following corrections are 

needed:

§ 39.13 [Corrected]

■ On page 1174, in the third column, in 

paragraph (f)(1), ‘‘paragraph 3.E.’’ is 

corrected to read ‘‘paragraphs 3.C. 

through 3.E’’.

■ On page 1175, in the first column, in 

paragraphs (f)(2), (g)(1), (g)(2), (g)(3), 

(j)(1), and (j)(2), ‘‘paragraph 3.E’’ is 

corrected to read ‘‘paragraphs 3.C. 

through 3.E’’ in six locations.

■ On page 1175, in the second column, 

in paragraphs (k)(1), (k)(2), (k)(3), (n)(2), 

and (o)(1), ‘‘paragraph 3.E’’ is corrected 

to read ‘‘paragraphs 3.C. through 3.E’’ in 

five locations.

■ On page 1175, in the third column, in 

paragraphs (o)(2), (p)(1), (p)(2), (p)(3), 

and (s)(2), ‘‘paragraph 3.E’’ is corrected 

to read ‘‘paragraphs 3.C. through 3.E’’ in 

five locations.

■ On page 1175, in the third column, in 

paragraph (s)(1), ‘‘3,000 CSLI’’ is 

corrected to read ‘‘3,000 hours-sincelast-inspection’’.

■ On page 1175, in the third column, in 

paragraph (s)(2), ‘‘TAY–72–1638’’ is 

corrected to read ‘‘TAY–72–1639’’.

Issued in Burlington, MA, on January 19, 

2005. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1392 Filed 1–25–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19577; Airspace 

Docket No. 04–ACE–67] 

Establishment of Class E2 Airspace; 

and Modification of Class E5 Airspace; 

Independence, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Finale rule.

SUMMARY: This rule establishes a Class 

E surface area at Independence, KS. It 

also modifies the Class E airspace area 

extending upward from 700 feet above 

the surface at Independence, KS by 

enlarging the area to meet airspace 

requirements for diverse departures 

from Independence Municipal Airport 

and by correcting discrepancies in the 

Independence Municipal Airport airport 

reference point (ARP). 

The effect of this rule is to provide 

appropriate controlled Class E airspace 

for aircraft departing from and executing 

instrument approach procedures to 

Independence Municipal Airport and to 

segregate aircraft using instrument 

approach procedures in instrument 

conditions from aircraft operating in 

visual conditions.

EFFECTIVE DATE: 0901 UTC, March 17, 

2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION:

History 

On Tuesday, November 30, 2004, the 

FAA proposed to amend 14 CFR part 71 

to establish a Class E surface area and 

to modify other Class E airspace at 

Independence, KS (69 FR 69554). The 

proposal was to establish a Class E 

surface area at Independence, KS. It was 

also to modify the Class E5 airspace and 

its legal description by enlarging the 

area to protect for diverse departures 

from the Independence Municipal