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

FRA is amending regulations on Railroad Workplace Safety to clarify an ambiguous provision concerning the circumstances under which life vests or buoyant work vests are required for bridge workers working over water.

The FAA proposes to rule and invites public comment on the application to, impose and use the revenue from a PFC at Mid Delta Regional Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158).

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Ozark, MO. A review of the Class E airspace area extending upward from 700 feet above ground level (AGL) at Ozark, MO revealed it is not in compliance with established airspace criteria. This airspace area is enlarged and modified to conform to FAA Orders. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft departing from and executing Standard Instrumental Approach Procedures (SIAPs) to Air Park South Airport. This rule also amends the Air Park South Airport airport reference point (ARP) in the legal description to reflect current data. The area is modified and enlarged to conform to the criteria in FAA Orders.

The National Park Service (NPS) and Federal Aviation Administration (FAA), in accordance with the National Parks Air Tour Management Act of 2000, announce the next meeting of the National Parks Overflights Advisory Group Aviation Rulemaking Committee (NPOAG ARC). This notice informs the public of the date, location, and agenda for the meeting. Dates and Location: The NPOAG ARC will meet February 23-25, 2005, at the Holiday Inn Sunspree Resort, 520 Historic Nature Trail, Gatlinburg, TN 37738. The meeting will begin at 8:30 a.m. on Wednesday, February 23, 2005.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on August 6, 2004 [FR Doc. 04-17991, Vol. 69, No. 151, Page 47980].

This notice announces NHTSA's publication of a technical report summarizing and comparing the findings in 38 Assessments of State programs to control impaired driving. The report's title is Impaired-Driving Program AssessmentsA Summary of Recommendations (1991 to 2003).

The purpose of this notice is to announce a voluntary program for approval of maritime security training courses under the Maritime Transportation Security Act of 2002 (MTSA). Training providers wishing to receive course approval are invited to submit applications under this program, which was developed jointly by MARAD and the United States Coast Guard (USCG). Training providersprofit or non-profit must be organized and authorized to conduct business under the Federal laws of the United States, or under the laws of any state of the United States, and they must conduct the training in the United States or aboard a United States flag vessel to be eligible for this program. There is no cost to training providers for course approval under this program; however, the program is subject to limited funding, and fees may be required when funding is exhausted. The goal of the program is to promote high quality, uniform training of maritime security professionals. Details of the program are available on the MARAD Web site: https://www.marad.dot.gov.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 200: Integrated Modular Avionics.

The Federal Aviation Administration (FAA) announces its determination that the Noise Exposure Maps submitted by the American Samoa Government, Department of Port Administration for Pago Pago International Airport under the provisions of 49 U.S.C. 47501 et. seq. (Aviation Safety and Noise Abatement Act) and 14 Code of Federal Regulations (CFR) part 150, are in compliance with applicable requirements. The FAA also announces that it is reviewing a proposed Noise Compatibility Program that was submitted for Pago Pago International Airport under part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before July 27, 2005.

This notice proposes to amend the Class E airspace area in the Harrisburg, PA metropolitan area. The development of multiple area navigation (RNAV) Standard Instrument Approach Procedures (SIAP) for numerous airports within the Harrisburg, PA metropolitan area with approved Instrument Flight Rules (IFR) operations and the resulting overlap of designated Class E-5 airspace have made this proposal necessary. The proposal would consolidate the Class E-5 airspace designations for ten airports and result in the rescission of seven separate Class E-5 descriptions through separate rulemaking action. The area would be depicted on aeronautical charts for pilot reference.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace at Rolla, MO. A review of controlled airspace for Rolla Downtown 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 amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

This action revises Colored Federal Airway Green 16 (G-16), in Alaska. This action adds to the instrument flight rules (IFR) airway and route structure in Alaska by extending G-16 from Put River, AK, to Barter Island, AK. The FAA is taking this action to enhance the safety and management of aircraft operations in Alaska.

This action proposes to establish new Class E airspace at Perryville, AK. A new Standard Instrument Approach Procedure (SIAP) and Departure Procedure are being published for the Perryville Airport. There is no existing Class E airspace to contain aircraft executing the new instrument approach at Perryville, AK. Adoption of this proposal would result in the establishment of Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Perryville, AK.

This action proposes to revise the Class E airspace at St. Michael, AK. Two new Standard instrument approach procedures (SIAPs) and a new Textual Departure Procedure are being published for St. Michael, AK. Additional Class E airspace is needed to contain aircraft executing instrument approaches at St. Michael Airport. Adoption of this proposal would result in additional Class E airspace upward from 700 feet (ft.) above the surface at St. Michael, AK.

This action proposes to establish eight area navigation (RNAV) routes in Florida in support of the High Altitude Redesign (HAR) project. The FAA is proposing this action to enhance safety and to improve the efficient use of the navigable airspace.

Under Part 375 of the Department's regulations, 14 CFR part 375, which provides for the operation in the United States of ``foreign civil aircraft'' which are not engaged in common carriage, persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail ``for remuneration or hire'' must obtain a ``foreign aircraft permit'' from the Department of Transportation under that Part. On May 16, 2003, the National Business Aircraft Association (NBAA), a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a company's own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations ``for remuneration or hire'' within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. The Department of Transportation is now proposing to amend 14 CFR part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and, therefore, are not required under Part 375 to obtain a foreign aircraft permit. On July 7, 2003, the Department solicited comments on the NBAA request (see 68 FR 40321 (July 7, 2003)). Pursuant to the Department's request, comments were filed by interested parties. The Department has reviewed the comments filed in Docket OST-2003-15511 and now proposes to amend Part 375 of our regulations as described below.

On January 24, 2005, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register (70 FR 3339) a Notice of Proposed Rulemaking (NPRM) regarding hours of service of commercial motor vehicle drivers. In that NPRM, FMCSA announced it is reviewing and reconsidering the regulations on hours of service of drivers published on April 28, 2003, and amended on September 30, 2003. In the docket to this January 24, 2005, NPRM, FMCSA re-filed the same Regulatory Impact Analysis (RIA), or comprehensive analysis of economic benefits and costs of the proposed rule, as was filed in the docket for the April 2003 final rule. However, effective January 1, 2005, the Office of Management and Budget (OMB) imposed new analytical requirements on Federal agencies regarding the preparation of RIAs for economically significant rulemakings. These new requirements include an uncertainty analysis, or an analysis of the ``degree of uncertainty'' associated with key variables used in the analysis (i.e., the percent of all truck-related crashes where commercial driver fatigue is a factor) and how significantly that uncertainty affects the benefit and cost estimates derived. A primary value of uncertainty analysis is its ability to highlight those key variables where additional data collection (to reduce uncertainty) would most benefit the decision making process. Additionally, OMB now requires a cost-effectiveness analysis for those rulemakings where improved public health and safety are the primary benefits. The cost effectiveness of a regulatory action is typically measured as a ratio of the change in costs occasioned by the action compared to its positive results (i.e., lives saved). A primary value of cost-effectiveness analysis is its ability to identify regulatory options that achieve the most effective use of the resources available without requiring monetization of all of the relevant benefits or costs. In light of these new requirements, FMCSA has prepared an addendum to the original RIA containing the two supplemental analyses and has made it available in Docket FMCSA-2004- 19608.

The FAA is superseding an existing airworthiness directive (AD), which applies to all Boeing Model 767-200, -300, and -300F series airplanes. That AD currently requires examination of maintenance records to determine if Titanine JC5A (also known as Desoto 823E508) corrosion inhibiting compound (``C.I.C.'') was ever used; inspection for cracks or corrosion and corrective action, if applicable; repetitive inspections and C.I.C. applications; and modification of the aft trunnion area of the outer cylinder, which terminates the need for the repetitive inspections and C.I.C. applications. This new AD also requires, for certain other airplanes, repetitive inspections for cracks or corrosion, corrective action if necessary, and repetitive C.I.C. applications. This AD is prompted by a report that JC5A was used on more airplanes during production than previously identified. We are issuing this AD to prevent severe corrosion in the main landing gear (MLG) outer cylinder at the aft trunnion, which could develop into stress corrosion cracking and consequent collapse of the MLG.

Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption, part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of a certain petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of and participation in this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.