Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5083

with main landing gear (MLG) side brace 

assemblies, part number (P/N) D22710000–7, 

equipped with upper arms having P/N 

D56778–10, serial numbers MN 566 through 

MN 581 inclusive; certificated in any 

category. 

Unsafe Condition 

(d) This AD was prompted by an operator 

who reported experiencing an unlock 

warning for the MLG on the right side of the 

airplane. We are issuing this AD to prevent 

cracking of the upper arms of the side braces 

of the MLG, which could result in failure of 

the MLG during landing and possible damage 

to the airplane and injury to the flightcrew 

and passengers. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Service Bulletin References 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of the following service 

bulletins, as applicable: 

(1) For the repetitive inspections and 

replacements specified in paragraphs (g) and 

(h) of this AD, respectively: Messier-Dowty 

Special Inspection Service Bulletin 631–32–

175, dated January 7, 2004; and 

(2) For the replacements specified in 

paragraph (i) of this AD: Messier-Dowty 

Service Bulletin 631–32–176, Revision 1, 

dated June 2, 2004. 

Repetitive Inspections of Identification 

Plates 

(g) Within 2 months or 500 flight hours 

after the effective date of this AD, whichever 

occurs first: Do a general visual inspection of 

the upper arms of the MLG side braces for 

missing or inadequately bonded 

identification plates having P/Ns D61565–1, 

D61566–1, D61567–1, and D61568–1, in 

accordance with the service bulletin. 

Thereafter at intervals not to exceed 2 

months or 500 flight hours, whichever occurs 

first: Repeat the inspection of the upper arm 

of the MLG side brace for any side brace 

assembly that has not been replaced as 

required by paragraph (i) of this AD.

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Replacement of Upper Arms, If Necessary 

(h) If any identification plate, P/N D61565–

1, D61566–1, D61567–1, or D61568–1, is 

found missing or inadequately bonded 

during any inspection required by paragraph 

(g) of this AD: Within 25 flight hours since 

the most recent inspection, replace any upper 

arm having a missing or inadequately bonded 

identification plate with a serviceable upper 

arm having the same part number, in 

accordance with the service bulletin. 

Replacement With Modified Side Brace 

Assemblies 

(i) Before the accumulation of 15,000 total 

flight cycles on a side brace assembly or 96 

months on a side brace assembly since new, 

whichever occurs first: Remove the side 

brace assembly and replace it with a part 

modified by doing all of the actions in the 

service bulletin. Replacement of a side brace 

assembly with a modified part terminates the 

repetitive inspections required by paragraph 

(g) of this AD for that modified side brace 

assembly only. If both side brace assemblies 

of the MLG are replaced with modified parts, 

no more work is required by paragraph (g) of 

this AD. 

Credit for Previous Service Bulletin 

(j) Replacements done before the effective 

date of this AD in accordance with MessierDowty Service Bulletin 631–32–176, dated 

February 26, 2004, is acceptable for 

compliance with the corresponding 

requirements of paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

Related Information 

(l) French airworthiness directive F–2004–

006, dated January 7, 2004, also addresses the 

subject of this AD.

Issued in Renton, Washington, on January 

21, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–1809 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Juan 05–002] 

RIN 1625–AA87 

Moving and Fixed Security Zone: Port 

of Fredericksted, Saint Croix, U.S. 

Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a moving and fixed security 

zone around cruise ships entering, 

departing, mooring or anchoring at the 

Port of Fredericksted in Saint Croix, 

U.S. Virgin Islands. These proposed 

regulations are designed to protect 

cruise ships at this port. All vessels, 

with the exception of cruise ships, 

would be prohibited from entering a 

moving and fixed security zone around 

each cruise ship without the express 

permission of the Captain of the Port 

San Juan or designated representative.

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 3, 2005.

ADDRESSES: You may mail comments 

and related material to Coast Guard 

Sector San Juan, Prevention Command 

Office, San Juan, #5 La Puntilla Final, 

Old San Juan, PR 00901–1800. 

Prevention Command Office maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Prevention 

Command Office, San Juan, #5 La 

Puntilla Final, Old San Juan, PR 00901–

1800, between 7 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Katiuska 

Pabon, Prevention Command San Juan 

at (787) 289–0739.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking, COTP San Juan 05–

002, indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Sector San 

Juan, Prevention Command Office, at 

the address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

5084 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

Based on the September 11, 2001, 

terrorist attacks on the World Trade 

Center buildings in New York and the 

Pentagon in Arlington, Virginia, there is 

an increased risk that subversive 

activity could be launched from vessels 

in close proximity to cruise ships 

entering, departing, mooring or 

anchoring at any port of call. Following 

these attacks, national security and 

intelligence officials have warned that 

future terrorists attacks are likely and 

may include maritime interests such as 

cruise ships. The Captain of the Port 

San Juan proposes to reduce this risk by 

preventing unauthorized vessels from 

entering a moving and fixed security 

zone around each cruise ship entering, 

departing, anchoring or mooring at the 

Port of Fredericksted without the 

authorization of the Captain of the Port 

San Juan or designated representative. A 

temporary final rule, COTP San Juan 

05–005, in effect from 5 a.m. on January 

23, 2005, until July 23, 2005, contains 

temporary regulations that provide 

security measures for cruise ships at the 

Port of Fredericksted. 

Captain of the Port San Juan can be 

contacted on VHF Marine Band Radio, 

Channel 16 (156.8 Mhz), or by 

telephone number (787) 289–0739. The 

United States Coast Guard 

Communications Center would notify 

the public via Broadcast Notice to 

Mariners VHF Marine Band Radio, 

Channel 22, when a moving and fixed 

security zone is activated around a 

cruise ship at Fredericksted. 

Discussion of Proposed Rule 

This proposed rule would provide 

security measures to protect cruise ships 

entering, departing, mooring or 

anchoring at the Port of Fredericksted, 

St. Croix, U.S. Virgin Islands. A moving 

and fixed security zone surrounding a 

cruise ship would be activated when an 

arriving cruise ship is within one 

nautical mile of the west end of the 

Fredericksted Pier and then deactivated 

when a departing cruise ship is beyond 

one nautical mile from the west end of 

the Fredericksted Pier. All vessels 

would be prohibited from entering the 

fixed and moving security zone 

extending in a 50-yard radius around a 

cruise ship, from surface to bottom, 

without the express permission of the 

Captain of the Port San Juan when the 

zone is activated. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this security zone to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Entry into the 

security zone would be prohibited for a 

limited time. Additionally, vessels may 

be allowed to enter the security zone 

with the express permission of the 

Captain of the Port San Juan or 

designated representative. 

Small Entities

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic effect upon a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

may be small entities: the owners or 

operators of vessels intending to transit 

or anchor at the Port of Fredericksted, 

St. Croix, U.S. Virgin Islands, when a 

fixed or moving security zone around a 

cruise ship is in effect. However, a 

moving and fixed security zone around 

a cruise ship would only be in effect for 

a limited time. Additionally, vessels 

may be allowed to enter the security 

zone with the express permission of the 

Captain of the Port San Juan or a 

designated representative. Finally, we 

would issue maritime advisories that 

would be widely available when we 

expect a security zone to go into effect. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it please 

submit a comment (see ADDRESSES) 

explaining why you think it qualifies 

and how and to what degree this rule 

would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed under FOR FURTHER INFORMATION

CONTACT. The Coast Guard will not 

retaliate against small entities that 

question or complain about this rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule calls for no new 

collection of information requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5085

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order, because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design or 

operation; test methods; sampling 

procedures; and related management 

system practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ (CED) are not 

required for this rule.

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways.

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

2. Add § 165.763 to read as follows:

§ 165.763 Moving and Fixed Security Zone, 

Port of Fredericksted, Saint Croix, U.S. 

Virgin Islands. 

(a) Location. A moving and fixed 

security zone is established that 

surrounds all cruise ships entering, 

departing, mooring or anchoring in the 

Port of Fredericksted, Saint Croix, U.S. 

Virgin Islands. The security zone 

extends from the cruise ship outward 

and forms a 50-yard radius around the 

vessel, from surface to bottom. The 

security zone for a cruise ship entering 

port is activated when the vessel is 

within one nautical mile west of the 

Fredericksted Pier lights. The security 

zone for a vessel is deactivated when 

the cruise ship is beyond one nautical 

mile west of the Fredericksted Pier 

lights. The Fredericksted Pier lights are 

at the following coordinates: 17°42′55′′

N, 64°42′55′′ W. All coordinates are 

North American Datum 1983 (NAD 

1983). 

(b) Regulations. (1) Under general 

regulations in § 165.33 of this part, 

entering, anchoring, mooring, or 

transiting in these zones is prohibited 

unless authorized by the Coast Guard 

Captain of the Port San Juan or 

designated representative. 

(2) Persons desiring to transit through 

a security zone may contact the Captain 

of the Port San Juan who can be reached 

on VHF Marine Band Radio, Channel 16 

(156.8 Mhz) or by calling (787) 289–

0739, 24 hours a day, 7 days a week. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

designated representative. 

(3) Sector San Juan will attempt to 

notify the maritime community of 

periods during which these security 

zones will be in effect by providing 

advance notice of scheduled arrivals 

and departures of cruise ships via a 

broadcast notice to mariners. 

(c) Definition. As used in this section, 

cruise ship means a passenger vessel 

greater than 100 feet in length that is 

authorized to carry more than 150 

passengers for hire, except for a ferry. 

(d) Authority. In addition to 33 U.S.C. 

1231 and 50 U.S.C. 191, the authority 

for this section includes 33 U.S.C. 1226.

Dated: January 24, 2005. 

D. P. Rudolph, 

Captain, U.S. Coast Guard, Captain of the 

Port.

[FR Doc. 05–1754 Filed 1–31–05; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R10–OAR–2004–WA–0001; FRL–7866–6] 

Approval and Promulgation of 

Implementation Plans; Wallula, 

Washington PM10 Nonattainment Area; 

Serious Area Plan for Attainment of the 

Annual and 24-Hour PM10 Standards

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve 

Washington’s State Implementation 

Plan for the Wallula, Washington 

serious nonattainment area for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM10). Initially Wallula 

was classified as a moderate 

nonattainment area for PM10 pursuant to 

the Clean Air Act Amendments of 1990. 

In 2001, it was reclassified as a serious 

nonattainment area for PM10. As a 

result, Washington was required to 

submit a serious area plan for bringing 

the area into attainment. This action