Department of Transportation January 2005 – Federal Register Recent Federal Regulation Documents

This final rule amends the Hazardous Materials Regulations by incorporating into the regulations the provisions of certain widely used exemptions which have established a history of safety and which may be converted into regulations for general use. We are also making minor revisions to the requirements for use of packagings authorized under exemptions. The revisions provide wider access to the benefits of the provisions granted in these exemptions and eliminate the need for the current exemption holders to reapply for renewal of the exemption, thus reducing paperwork burdens and facilitating commerce while maintaining an acceptable level of safety.

The Federal Aviation Administration (FAA) announces that the O'Hare Modernization Draft Environmental Impact Statement for Chicago O'Hare International Airport, Chicago, Illinois is available for public review and comment. The DEIS identifies alternatives intended to address the projected needs of the Chicago region by reducing delays at O'Hare, thereby enhancing capacity of the National Airspace System, and ensuring that terminal facilities and supporting infrastructure can efficiently accommodate airport users. All of the development alternatives would result in wetland, property acquisition, air quality and noise impacts, as well as other impacts. The FAA intends to host public hearings on the DEIS with the U.S. Army Corps of Engineers (USACE) and the Illinois Environmental Protection Agency (IEPA) Bureau of Water. The public hearings on the DEIS will be held on the following dates: Tuesday, February 22, 2005, at the Avalon Banquets, 1905 East Higgins Road, Elk Grove Village, Illinois 60007; Wednesday, February 23, 2005, at the Waterford Conference Center, 933 South Riverside Drive, Elmhurst, Illinois 60126; and Thursday, February 24, 2005, at the White Eagle, 6839 North Milwaukee Avenue, Niles, Illinois 60714. All three of these hearings will start at 2 p.m. (central standard time), and registration to participate in the hearings will conclude by 9 p.m. (central standard time). Repressentatives of FAA, USACE and IEPA will be available to provide information about the DEIS at an informational session held at the same time as the public hearings. Spanish language translators will be available at the hearings. The procedural rules governing the hearing are available from Michael W. MacMullen. The comment period is open as of the date of this Notice of Intent and closes Wednesday, March 23, 2005. All comments are to be submitted to Michael W. MacMullen of the FAA, at the address shown below. The USACE and IEPA have requested that the FAA be the recipient of all comments regarding their actions. These comments must be sent to Michael W. MacMullen of the FAA at the address shown below, and the comments must be postmarked and email must be sent by no later than midnight, Wednesday, March 23, 2005. The USACE is participating in the public hearings because implementation of any development alternatives, if selected, would require the USACE to approve issuance of a permit to fill wetlands under section 404 of the Clean Water Act Section. The IEPA is participating in the public hearings because implementation of any wetland development alternative, if selected, would also require IEPA to issue a Water Quality Certification under section 401 of the Clean Water Act.

The Federal Aviation Administration (FAA) along with the Federal Highway Administration is issuing this notice to advise the public that a Final Environmental Impact Statement (EIS) and Final General Conformity Determination has been prepared for the proposed Master Plan Improvements at Los Angeles International Airport (LAX), Los Angeles, Los Angeles County, California. FAA is seeking comments on revised and updated information and analyses disclosed in Volume A of the Final EIS and related appendices (Appendices A-1, A-2a, A-2b, A-3a, A-3b, A-3c, A-3d, and A-4).

This action proposes to revoke jet route 711 (J-711), modify jet routes 133 and 889R (J-133 and J-889R), and modify two colored Federal airway (B-25 and A-1) in Alaska. The FAA is proposing this action to remove all airways and routes off the Hinchinbrook, AK, Nondirectional Radio Beacon (NDB) in preparation for the NDB's eventual decommissioning from the National Airspace System (NAS).

The Federal Transit Administration (FTA) and Omnitrans are issuing this notice to advise agencies and the public that, in accordance with the National Environmental Policy Act, FTA and Omnitrans, in cooperation with San Bernardino Association of Governments, Southern California Association of Governments and other public entities, will complete the Alternatives Analysis, adopt a Locally Preferred Alternative (LPA) and then prepare an Environmental Impact Statement (EIS) to evaluate transit improvements, including a potential bus rapid transit (BRT) line and other alternatives in the E Street corridor from California State University at San Bernardino to the City of Loma Linda in San Bernardino County, California. This Notice of Intent is being published at this time to notify all interested parties and to invite them to participate in the study. Conceptual alternatives to be considered may include No Action/No Build, transportation system management (TSM), bus rapid transit (BRT), and light rail transit (LRT). Other conceptual alternatives may be identified during the scoping sessions.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20089 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20088 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20090 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20093 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

The Department seeks comment on a proposal to revise its rules on charter operations. This proposal arises from a petition filed by the National Air Carrier Association (NACA). NACA seeks to make changes to the definitions and standards the Department uses to determine whether to grant or deny foreign air carrier requests to conduct certain types of international charter flights. The Department grants NACA's petition, and proposes to make some, but not all of the changes sought by NACA. The Department proposes to make revisions to definitions relating to charter types, and to modify the Department's current charter application form so as to require updated reciprocity information as well as numbers of U.S.-homeland services vs. U.S.-non-homeland services. The Department does not anticipate adopting NACA's requests to impose a reciprocity standard that ensures substantially equivalent opportunities for U.S. carriers in the homeland of the applicant, or to accord U.S. carriers a right of ``first refusal'' over foreign carrier requests to conduct certain U.S.-originating charter operations. Specifically, the Department proposes to clarify the definition of ``fifth freedom charter'' by adding definitions of ``sixth- and seventh-freedom charters.'' The Department also proposes modifications to OST Form 4540 (Foreign Air Carrier Application for Statement of Authorization). Specifically, the Department proposes to require an updated reciprocity statement by foreign carriers for a statement of authorization to allow us to ensure that our reciprocity standards have been satisfied and are properly supported. The Department also proposes to require that foreign carrier applicants for a statement of authorization include historical data relative to the applicant's U.S.- home country operations to allow the Department to readily evaluate levels of third- and fourth-freedom versus fifth-, sixth-, and seventh- freedom operations. This data will allow the Department to satisfy any concerns we might have as to the applicant's reliance on fifth-, sixth- and seventh-freedom operations. These proposed modifications will ensure that the Department has the most current information on the state of reciprocity for each foreign carrier applicant for fifth-, sixth-, or seventh-freedom charter authority.

The FHWA is issuing this notice to advise the public that a supplement to a Final Environmental Impact Statement will be prepared for a proposed highway project in Shelby County, Tennessee.

This document provides guidance to operators of gas transmission pipelines regarding semi-annual reporting of performance measures for integrity management. Operators of gas transmission pipelines subject to Subpart O, ``Pipeline Integrity Management,'' must submit four overall measures of their integrity management performance on a semi-annual basis. The first report was due August 31, 2004, and was the subject of RSPA/OPS Advisory Bulletin ADB-04-02 (69 FR 43881) which published on July 22, 2004. This document provides additional guidance for operators regarding on-line reporting that will be available for the report due in February 2005 and subsequent reports.

In accordance with the procedures governing the application for, and the processing of, exemptions from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the office of hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular exemption is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus models, as specified above. This proposed AD would require installing safety signs on all passenger/crew doors, emergency exit doors, and cargo compartment doors. This proposed AD is prompted by a report of injuries occurring on in-service airplanes when crewmembers forcibly initiated opening of passenger/crew doors against residual pressure causing the doors to rapidly open. We are proposing this AD to ensure that crewmembers are informed of the risks associated with forcibly opening passenger/crew, emergency exit, and cargo doors before an airplane is fully depressurized, which will prevent injury to crewmembers, and subsequent damage to the airplane caused by the rapid opening of the door.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This proposed AD would require modification of the operational program software (OPS) of the air data inertial reference unit (ADIRU). This proposed AD is prompted by a report of the display of erroneous heading information to the pilot due to a defect in the OPS of the ADIRU. We are proposing this AD to prevent the display of erroneous heading information to the pilot, which could result in loss of the main sources of attitude data, consequent high pilot workload, and subsequent deviation from the intended flight path.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace at Coffeyville, KS. A review of controlled airspace for Coffeyville Municipal Airport revealed it does not comply with the criteria for 700 feet above ground level (AGL) airspace required for diverse departures. The area is modified and enlarged to conform to the criteria in FAA Orders.

This notice proposes to create a Class E surface area at Ankeny, IA. It also proposes to modify the Class E5 airspace at Ankeny, IA.

The FAA will hold two informational meetings to discuss the proposed policy (Draft Order 8110.RC) that the FAA's Aircraft Certification Service personnel, Flight Standards Service Personnel, persons designated by the Administrator, and organizations associated with the certification process required by Title 14 of the Code of Federal Regulations (14 CFR) will use during the certification evaluation of restricted category aircraft. These public meetings will be a continuation of information gathering for the evaluation of Restricted Category Aircraft Applications originally offered to the public for comments in the Federal Register dated October 8, 2004, Page 60454 (Volume 69, Number 195). Notes from these informational meetings will be posted on the Internet at: https://www.faa.gov/Certification/ Aircraft/DraftDoc/Comments.htm.

The Federal Aviation Administration (FAA) is issuing this Notice of Intent to announce publicly that an Environmental Impact Statement (EIS) will be prepared and considered for the proposed extension of Runway 9R/27L including associated improvements described below at the Fort Lauderdale-Hollywood International Airport.

The Federal Transit Administration (FTA) and the City of Tucson, Department of Transportation (TDOT), intend to prepare an Alternatives Analysis (AA) and an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) on a proposal by the City of Tucson to provide additional transit service to the urban core of the City of Tucson. The AA/EIS will consider the following alternatives: (1) A No-Build Alternative, consisting of improvements contained in the Pima Association of Governments (PAG) 2025 Regional Transportation Plan (RTP); (2) Transportation System Management Alternative (TSM), consisting of all reasonable cost- effective transit service improvements within the urban core short of a major investment in a New Starts project; (3) Rubber Tired Rapid Bus Circulator operating in mixed traffic (4) Modern Streetcar operating in mixed traffic; and (5) Heritage Trolley in mixed traffic. The type, location, and need for ancillary facilities, such as maintenance facilities, will also be considered for each alternative. In addition, alternatives that are identified from the scoping process will be evaluated in the AA. This notice is an update to replace the notice published in the Federal Register on 12/21/04. Scoping will be accomplished through correspondence and discussions with interested persons; organizations; and Federal, State, and local agencies; and through public and agency meetings. Depending on the outcome of the scoping process and the analysis of a wide range of transit alternatives in the Draft EIS (DEIS), a Locally Preferred Alternative (LPA) will be selected and evaluated in the Final EIS (FEIS). The FEIS will evaluate the potential impacts of the selected investment strategy (the Build Alternative) and a No-Build Alternative.

The FAA adopts a new airworthiness directive (AD) to revise AD 98-20-38, which applies to all Beech 200 series airplanes. AD 98-20-38 requires you to revise the FAA-approved Airplane Flight Manual (AFM) to specify procedures that would prohibit flight in severe icing conditions (as determined by certain visual cues), limit or prohibit the use of various flight control devices while in severe icing conditions, and provide the flight crew with recognition cues for and procedures for exiting from severe icing conditions. Part of the applicability of AD 98-20-38 includes the Raytheon Models B200 and B200C airplanes. AD 96-09-13 already requires AFM revisions on this subject for these airplane models. Consequently, FAA is revising AD 98-20-38 to remove the Models B200 and B200C from the applicability and add clarification that AD 96-09-13 affects these airplanes. We are issuing this AD to minimize the potential hazards associated with operating these airplanes in severe icing conditions by providing more clearly defined procedures and limitations.