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57126 Federal Register / Vol. 70, No.

189 / Friday, September 30, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION As published, that AD specifies an for certain equipment and various
incorrect Docket No. (i.e., FAA–2005– components.
Federal Aviation Administration 20406) throughout preamble and the DATES: Effective September 28, 2005.
regulatory text of the AD. The correct ADDRESSES: The AD docket contains the
14 CFR Part 39 Docket No. is FAA–2005–22406. proposed AD, comments, and any final
[Docket No. FAA–2005–22406; Directorate No other part of the regulatory
disposition. You may examine the AD
Identifier 2002–NM–242–AD; Amendment information has been changed;
docket on the Internet at http://
39–14270; AD 2005–19–05] therefore, the final rule is not
dms.dot.gov, or in person at the Docket
republished in the Federal Register.
RIN 2120–AA64 Management Facility office between 9
The effective date of this AD remains
a.m. and 5 p.m., Monday through
Airworthiness Directives; Aerospatiale September 29, 2005.
Friday, except Federal holidays. The
Model ATR42–500 Airplanes § 39.13 [Corrected] Docket Management Facility office
(telephone (800) 647–5227) is located on
AGENCY: Federal Aviation ■ In the Federal Register of September
the plaza level of the Nassif Building at
Administration (FAA), Department of 14, 2005, on page 54250, in the third
the U.S. Department of Transportation,
Transportation (DOT). column, paragraph 2. of PART 39—
400 Seventh Street, SW., room PL–401,
ACTION: Final rule; correction. AIRWORTHINESS DIRECTIVES of AD
Washington, DC. This docket number is
2005–19–05 is corrected to read as
SUMMARY: The FAA is correcting a FAA–2005–22404; the directorate
follows:
typographical error in an existing identifier for this docket is 2005–NM–
* * * * * 018–AD.
airworthiness directive (AD) that was 2005–19–05 Aerospatiale: Amendment 39–
published in the Federal Register on FOR FURTHER INFORMATION CONTACT:
14270. Docket No. FAA–2005–22406;
September 14, 2005 (70 FR 54249). The Directorate Identifier 2002–NM–242–AD. Todd Thompson, Aerospace Engineer,
error resulted in an incorrect Docket No. International Branch, ANM–116, FAA,
* * * * *
This AD applies to certain Aerospatiale Transport Airplane Directorate, 1601
Model ATR42–500 airplanes. This AD Issued in Renton, Washington, on Lind Avenue, SW., Renton, Washington
September 26, 2005. 98055–4056; telephone (425) 227–1175;
requires inspecting for correct
installation of the fastener that attaches Ali Bahrami, fax (425) 227–1149.
the ground braids on the elevator, Manager, Transport Airplane Directorate, SUPPLEMENTARY INFORMATION: On
modifying the forward bonded assembly Aircraft Certification Service. September 6, 2005, the FAA issued AD
of the elevator control rod, and [FR Doc. 05–19555 Filed 9–29–05; 8:45 am] 2005–19–03, amendment 39–14268 (70
corrective action if necessary. BILLING CODE 4910–13–P FR 53915, September 13, 2005), for all
DATES: Effective September 29, 2005. BAe Systems (Operations) Limited
ADDRESSES: The AD docket contains the Model ATP airplanes. The AD requires
DEPARTMENT OF TRANSPORTATION revising the Airworthiness Limitations
proposed AD, comments, and any final
disposition. You may examine the AD Section of the Instructions for
Federal Aviation Administration
docket on the Internet at http:// Continued Airworthiness to incorporate
dms.dot.gov, or in person at the Docket life limits for certain items and new
14 CFR Part 39
Management Facility office between 9 inspections to detect fatigue cracking in
a.m. and 5 p.m., Monday through [Docket No. FAA–2005–22404; Directorate certain structures and of certain
Friday, except Federal holidays. The Identifier 2005–NM–018–AD; Amendment significant structural items, and to
39–14268; AD 2005–19–03] revise life limits for certain equipment
Docket Management Facility office
(telephone (800) 647–5227) is located on RIN 2120–AA64 and various components.
the plaza level of the Nassif Building at As published, that AD specifies an
the U.S. Department of Transportation, Airworthiness Directives; BAe incorrect Docket No. (i.e., FAA–2005–
400 Seventh Street, SW., room PL–401, Systems (Operations) Limited Model 20404) throughout preamble and the
Washington, DC. This docket number is ATP Airplanes regulatory text of the AD. The correct
FAA–2005–22406; the directorate Docket No. is FAA–2005–22404.
AGENCY: Federal Aviation No other part of the regulatory
identifier for this docket is 2002–NM– Administration (FAA), Department of
242–AD. information has been changed;
Transportation (DOT). therefore, the final rule is not
FOR FURTHER INFORMATION CONTACT: Dan
ACTION: Final rule; correction. republished in the Federal Register.
Rodina, Aerospace Engineer, The effective date of this AD remains
International Branch, ANM–116, SUMMARY: The FAA is correcting a September 28, 2005.
Transport Airplane Directorate, FAA, typographical error in an existing
1601 Lind Avenue, SW., Renton, airworthiness directive (AD) that was § 39.13 [Corrected]
Washington 98055–4056; telephone published in the Federal Register on ■ In the Federal Register of September
(425) 227–2125; fax (425) 227–1149. September 13, 2005 (70 FR 53915). The 13, 2005, on page 53916, in the third
SUPPLEMENTARY INFORMATION: On error resulted in an incorrect Docket No. column, paragraph 2. of PART 39—
September 6, 2005, the FAA issued AD This AD applies to all BAe Systems AIRWORTHINESS DIRECTIVES of AD
2005–19–05, amendment 39–14270 (70 (Operations) Limited Model ATP 2005–19–03 is corrected to read as
FR 54249, September 14, 2005), for airplanes. This AD requires revising the follows:
certain Aerospatiale Model ATR42–500 Airworthiness Limitations Section of * * * * *
airplanes. This AD requires inspecting the Instructions for Continued 2005–19–03 BAe Systems (Operations)
for correct installation of the fastener Airworthiness to incorporate life limits Limited (Formerly British Aerospace
that attaches the ground braids on the for certain items and new inspections to Regional Aircraft): Amendment 39–
elevator, modifying the forward bonded detect fatigue cracking in certain 14268. Docket No. FAA–2005–22404;
assembly of the elevator control rod, structures and of certain significant Directorate Identifier 2005–NM–018–AD.
and corrective action if necessary. structural items, and to revise life limits * * * * *

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Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57127

Issued in Renton, Washington, on Sanctuary; deep-sea canyons, kelp beds, protected areas. More protective
September 26, 2005. and hardbottom habitats in the requirements are appropriate given the
Ali Bahrami, Monterey Bay National Marine nature and purpose of the NMSs.
Manager, Transport Airplane Directorate, Sanctuary; and historic shipwrecks in Comment 2. Several commenters
Aircraft Certification Service. the Thunder Bay National Marine suggested expanding the policy or
[FR Doc. 05–19554 Filed 9–29–05; 8:45 am] Sanctuary and Underwater Preserve. definition of artificial reefs to address
BILLING CODE 4910–13–P In the last few years the NMSP has specific issues, such as coral reef
experienced an increased number of restoration and reef balls.
permit applications to establish artificial Response: The primary purpose of the
DEPARTMENT OF COMMERCE reefs inside NMS boundaries, policy is to guide decision making
particularly in the Florida Keys National related to placement of artificial reefs
National Oceanic and Atmospheric Marine Sanctuary. Because NMSP within the Sanctuary System. The
Administration regulations generally prohibit placing policy is intended to apply to all types
structures on sanctuary submerged of artificial reef projects, and not to
15 CFR Part 922 lands, any individual who wishes to direct the policy to a specific type of
establish an artificial reef inside a NMS artificial reef. The policy appropriately
National Marine Sanctuary Program must first get approval from the NMSP and specifically excludes natural reef
Policy on Permit Applications for through the onsite sanctuary manager. restoration projects from application of
Artificial Reef Development To ensure that applications to this policy because such projects are
establish artificial reefs in sanctuaries addressed by the NMSP in a much
AGENCY: National Marine Sanctuary
are reviewed consistently and in a different manner.
Program (NMSP), National Ocean
manner that adheres to the NMSA and Comment 3. A few commenters felt
Service (NOS), National Oceanic and
NMSP regulations (15 CFR Part 922), the that artificial reefs should not be placed
Atmospheric Administration (NOAA),
NMSP developed permitting guidelines in sanctuaries under any circumstances.
Commerce.
specific for such applications. The
ACTION: Policy statement; response to Response: See response to comment
guidelines build on lessons learned
comments. number 1.
from past experience permitting
Comment 4. A few commenters stated
SUMMARY: The National Marine artificial reefs within sanctuaries and
that all or part of the policy conflicted
Sanctuary Program (NMSP) has apply knowledge from other sources of
with the National Fishing Enhancement
developed a final policy and permitting information. They are intended to guide
decision makers as they review Act of 1984 (NFEA).
guidelines for applications to establish Response: NOAA disagrees. While the
artificial reefs within National Marine proposals for artificial reefs in
sanctuaries. They clarify how decision NFEA encourages artificial reef
Sanctuaries. The NMSP is releasing its development it does not, under any
final policy and permitting guidelines, making criteria contained in NMSP
regulations will be applied specifically circumstance, require their use. Any
and responding to comments on the regulatory or statutory requirement that
interim final policy. to permit applications for artificial reef
development. prohibits or imposes more restrictive
DATES: This notice is effective as a final requirements on artificial reef
policy as of September 30, 2005. Response to Comments development is not in direct conflict
ADDRESSES: You can download a copy On July 18, 2003, NOAA published a with that statute. The NMSP’s artificial
of the final policy from the NMSP’s Web notice of availability of the NMSP’s reef policy is written pursuant to the
site at http://sanctuaries.nos.noaa.gov/ Artificial Reef Policy and Permitting NMSA and the regulations promulgated
library/library.html. You may also Guidelines in the Federal Register (68 thereunder. Because the primary
request a copy of the NMSP’s final FR 42690, Jul. 18, 2003). The policy and objective of the NMSA is resource
policy on artificial reefs and submit permitting guidelines have been protection, it is entirely appropriate that
written comments on the policy by implemented on an interim-final basis the NMSP’s policy be more protective
contacting John Armor, National Marine since that date. NOAA also requested than the policy applicable to non-
Sanctuary Program, 1305 East West comments on the policy and permitting sanctuary waters under the NFEA.
Highway (N/ORM6), 11th floor, Silver guidelines through September 16, 2003. Comment 5. Some commenters felt
Spring, MD 20910. The following are NOAA’s responses to that the NMSP’s policy imposes more
FOR FURTHER INFORMATION CONTACT: John the comments received. burdens on an applicant than the
Armor at (301) 713–3125. Comment 1. Many commenters felt requirements of the National Artificial
SUPPLEMENTARY INFORMATION: that the policy prohibited or was overly Reef Plan (NARP).
restrictive of artificial reef development Response: NOAA agrees. The policy
Background within national marine sanctuaries. does exceed the requirements of the
The National Marine Sanctuary Response: NOAA disagrees. The NARP in several respects including the
Program (NMSP) manages a system of NMSP’s regulations prohibit artificial types of monitoring and insurance
thirteen National Marine Sanctuaries reef development in NMSs by required. As discussed in the response
(NMSs or Sanctuaries) and the prohibiting the placement of structures to comment number 4, these more
Northwestern Hawaiian Islands Coral on the submerged lands. This policy stringent requirements are consistent
Reef Ecosystem Reserve that protect creates a framework to allow artificial with the purposes and policies of the
special, nationally significant areas of reefs under specific conditions (i.e., NMSA and are appropriate for NMSs.
the marine environment under the when a project is expected to benefit Comment 6. One commenter
authority of the National Marine NMS management and would not have suggested that the section on the
Sanctuaries Act (NMSA; 16 U.S.C. 1431 a detrimental effect on NMS resources). definition of an artificial reef should
et seq.). Sanctuaries protect a variety of The policy applies higher standards of refer to applying the policy to oil rigs
marine areas including coral reefs, resource protection to artificial reef and existing structures that may end up
mangrove forests, and seagrass beds in projects within NMSs than would apply being used as artificial reefs in the
the Florida Keys National Marine to projects outside NMSs or other future.

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