Department of Transportation July 29, 2005 – Federal Register Recent Federal Regulation Documents

Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: 05-15078
Type: Notice
Date: 2005-07-29
Agency: Maritime Administration, Department of Transportation
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 2005-21919 at http:// 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.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: 05-15077
Type: Notice
Date: 2005-07-29
Agency: Maritime Administration, Department of Transportation
As authorized by Pub. L. 105-383 and Pub. L. 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 2005-21920 at http:// 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 Pub. L. 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.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: 05-15071
Type: Notice
Date: 2005-07-29
Agency: Maritime Administration, Department of Transportation
As authorized by Pub. L. 105-383 and Pub. L. 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 2005-21917 at http:// 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 Pub. L. 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.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: 05-15070
Type: Notice
Date: 2005-07-29
Agency: Maritime Administration, Department of Transportation
As authorized by Pub. L. 105-383 and Pub. L. 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 2005-21918 at http:// 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 Pub. L. 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.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: 05-15067
Type: Notice
Date: 2005-07-29
Agency: Maritime Administration, Department of Transportation
As authorized by Pub. L. 105-383 and Pub. L. 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 2005-21921 at http:// 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 Pub. L. 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.
Notice of Receipt of Petition for Decision That Nonconforming 2005 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose Passenger Vehicles Are Eligible for Importation
Document Number: 05-15064
Type: Notice
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of two petitions for a decision that 2005 Mercedes Benz Type 463 Short Wheel Base (SWB) Gelaendewagen Multipurpose Passenger Vehicles (MPVs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.
Integrity Management Notifications for Gas Transmission Lines
Document Number: 05-15022
Type: Notice
Date: 2005-07-29
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Current regulations require operators to notify OPS and state pipeline safety agencies of certain events related to integrity management programs for gas transmission lines. This bulletin provides guidance on notifying OPS and state agencies and describes OPS' review of notifications. OPS expects this bulletin to improve the efficiency of the notification and review process.
Airworthiness Directives; Boeing Model 727 Airplanes
Document Number: 05-15016
Type: Proposed Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 727 airplanes. This proposed AD would require revising the Limitations section of the Airplane Flight Manual to prohibit resetting a tripped circuit breaker for a fuel pump. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prohibit the resetting of a tripped circuit breaker for a fuel pump, which could allow an electrical fault to override the protective features of the circuit breaker, and could result in sparks inside the fuel tank, ignition of fuel vapors, and consequent fire or explosion.
R.J. Corman Railroad Property, LLC-Acquisition Exemption-Line of The Railroad Co. and The WV Southern Railway Co.
Document Number: 05-15010
Type: Notice
Date: 2005-07-29
Agency: Surface Transportation Board, Department of Transportation
Soo Line Railroad Company D/B/A Canadian Pacific Railway-Temporary Trackage Rights Exemption-BNSF Railway Company
Document Number: 05-15008
Type: Notice
Date: 2005-07-29
Agency: Surface Transportation Board, Department of Transportation
30-Day Notice of an Information Collection Under Review by the Office of Management and Budget (OMB), and Request for Comments: Application To Open an Account for Billing Purposes
Document Number: 05-15007
Type: Notice
Date: 2005-07-29
Agency: Surface Transportation Board, Department of Transportation
The Surface Transportation Board (Board) gives notice that the Board has submitted to OMB a request for review and clearance of the Board's Application to Open an Account for Billing Purposes, in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA). The Board previously published a notice about this collection in the Federal Register on May 17, 2005 at 70 FR 28354. That notice allowed for a 60- day public review and comment period on the proposed reinstatement without change of this previously approved information collection. No comments were received. The purpose of the current notice is to allow an additional 30 days for public comment to satisfy the requirements of the Paperwork Reduction Act, 44 U.S.C. 3507(b). Comments are requested concerning (1) whether the particular collection of information described below is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board's burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Submitted comments will be considered by OMB prior to approval of the proposed collection. Overview of this information collection: Title: Application to Open an Account for Billing Purposes. OMB Control Number: 2104-0006. Form Number: STB Form 1032. Number of Respondents: 20. Affected Public: Rail carriers, shippers, and others doing business before the agency. Estimated Time Per Response: Less than .08 hours. This estimate is based on actual past survey information. Frequency of Response: The form will only have to be completed once by each account holder. Total Annual Burden Hours: Less than 1.6 hours. Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost'' burdens associated with this collection have been identified. Needs and Uses: The Board is, by statute, responsible for the economic regulation of surface transportation carriers operating in interstate commerce. This form is for use by applicants who wish to open an account with the Board to charge fees for records search, review, copying, certification of records, filing fees, and related services rendered. The account holder would be billed on a monthly basis for payment of accumulated fees. Data provided will also be used for debt collection activities. The form requests information as required by OMB and U.S. Department of Treasury regulations for the collection of fees. This information is not duplicated by any other agency. In accordance with the Privacy Act, 5 U.S.C. 552a, all taxpayer identification and social security numbers will be secured and used only for credit management and debt collection activities. The information will be retained until the account holder indicates that he wishes to close the account and all debts are paid in full.
Modification of Legal Description of the Class D and Class E Airspace; Salina Municipal Airport, KS
Document Number: 05-14984
Type: Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
An examination of controlled airspace for Salina Municipal Airport, KS has revealed discrepancies in the coordinates used in the legal description for the Class D and Class E airspace areas. This action corrects that discrepancy by incorporating the current coordinates for the Airport Reference Point, the Salina VORTAC and the FLORY LOM. This action also removes references to effective dates and times established in advance by a Notice to Airmen from the legal descriptions for Class D airspace. The effective dates and times are now continuously published in the Airport/Facility Directory.
Modification of Class E Airspace; Dodge City Regional Airport, KS
Document Number: 05-14983
Type: Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace areas at Dodge City Regional Airport, KS. A review of the Class E airspace surface area and the Class E airspace area extending upward from 700 feet above ground level (AGL) at Dodge City Regional Airport, KS reveals neither area complies with criteria in FAA Orders. These airspace areas and their legal descriptions are modified to conform to the criteria in FAA Orders.
Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 05-14982
Type: Notice
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
Modification of Class E Airspace; Norfolk, NE
Document Number: 05-14981
Type: Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by revising Class E airspace areas at Norfolk, NE. A review of the Class E airspace surface area and the Class E airspace area extending upward from 700 feet above ground level (AGL) at Norfolk, NE reveals neither area complies with criteria in FAA Orders. These airspace areas and their legal descriptions are modified to conform to the criteria in FAA Orders.
Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 05-14980
Type: Notice
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
Modification of Class E Airspace; Abilene Municipal Airport, KS
Document Number: 05-14979
Type: Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
An examination of the controlled airspace for Abilene Municipal Airport, KS has revealed a discrepancy in the size of the Class E airspace area. This action modifies the Class E5 airspace area beginning at 700 feet above the surface by deleting the airspace area extension and increasing the radius from 6.3-miles to 6.9-miles of the airport. This action brings the Class E5 airspace area into compliance with FAA directives.
Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 05-14978
Type: Notice
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
Modification of Legal Description of Class C and Class E Airspace; Lincoln, NE
Document Number: 05-14977
Type: Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
An examination of controlled airspace for Lincoln, NE revealed discrepancies in the airport name. This action corrects the airport name and removes references to effective dates and times established in advance by a Notice to Airmen from the legal descriptions for Class C and Class E airspace. The effective dates and times are now continuously published in the Airport/Facility Directory.
Proposed Modification of the Minneapolis Class B Airspace Area; Minneapolis
Document Number: 05-14976
Type: Proposed Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
This SNPRM supplements a notice of proposed rulemaking (NPRM) published in the Federal Register on November 24, 2003. In this supplemental notice, the FAA is proposing to modify the previously proposed description of the Minneapolis, MN, Class B airspace area. Specifically, this action proposes to add an additional area that is necessary to contain large turbine-powered aircraft within the Class B airspace area during aircraft operations to the new Runway 17/35 at the Minneapolis-St. Paul International (Wold Chamberlain) Airport (MSP). The proposed modifications would enhance safety and improve the management of increased aircraft operations in the Minneapolis terminal area. Further, this effort supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to reduce aircraft delays and improve system capacity.
Cooper Tire & Rubber Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Document Number: 05-14975
Type: Notice
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation
Document Number: 05-14974
Type: Notice
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document announces decisions by NHTSA that certain motor vehicles not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for importation into and/or sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable Federal motor vehicle safety standards.
Revocation of Compulsory Reporting Point; MT
Document Number: 05-14973
Type: Rule
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
This action revokes the GARRI Intersection as a compulsory reporting point. GARRI Intersection is located between the de- commissioned Drummond, MT Very High Frequency Omni-directional Range/ Tactical Air Navigation (VORTAC) and Butte, MT. The FAA has determined that this intersection is no longer needed in the National Airspace System (NAS).
Associate Administrator for Commercial Space Transportation; Notice of availability and request for comment on a Draft Programmatic Environmental Impact Statement (PEIS) for Horizontal Launch and Reentry of Reentry Vehicles
Document Number: 05-14972
Type: Notice
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
In accordance with National Environmental Policy Act (NEPA) regulations, the FAA is announcing the availability of and requesting comments on the Draft PEIS for Horizontal Launch and Reentry of Reentry Vehicles. Under the proposed action, the FAA would license the launch of horizontally launched vehicles and the reentry of reentry vehicles (RVs). The FAA has evaluated three horizontal launch vehicle (LV) design concepts and both powered and unpowered RV concepts. This PEIS assesses the potential programmatic environmental effects of licensing horizontal launches and reentries of RVs, as well as the licensing of launch facilities that would support horizontal launches and reentries. The information in the PEIS is not intended to address all site- specific launch issues. This PEIS will be used to tier subsequent environmental analyses for site-specific launches, reentries, or the operation of a launch or reentry site. To facilitate these site- specific environmental analyses the FAA has provided guidance throughout the PEIS in various sections and technical appendices. This PEIS is intended to update and replace the 1992 Final PEIS for Commercial Reentry Vehicles and complement the 2001 PEIS for Licensing Launches.
Procedures for Participating in and Receiving Data From the National Driver Register Problem Driver Pointer System
Document Number: 05-14971
Type: Rule
Date: 2005-07-29
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule amends the agency's National Driver Register (NDR) regulations to implement new reporting requirements mandated by the Motor Carrier Safety Improvement Act of 1999 (MCSIA). MCSIA amended the NDR Act to require that a State, before issuing or renewing a motor vehicle operator's license, must verify an individual's eligibility to receive a license through informational checks of both the NDR and the Commercial Driver's License Information System (CDLIS). The final rule amends the NDR regulations to reflect this statutory change. The final rule also provides an updated listing of the NDR reporting codes in the Appendix to reflect the codes that should be implemented by participating States by September 30, 2005. The final rule clarifies that pointer records reported to the NDR must only regard individuals who have been convicted or whose license has been denied, canceled, revoked, or suspended for one of the offenses identified in the Appendix. Finally, the final rule adds a definition for the term ``employers or prospective employers of motor vehicle operators.''
HolRail LLC-Construction and Operation Exemption-in Orangeburg and Dorchester Counties, SC
Document Number: 05-14923
Type: Notice
Date: 2005-07-29
Agency: Surface Transportation Board, Department of Transportation
On November 13, 2003, HolRail LLC (HolRail) filed a petition with the Surface Transportation Board (the Board or STB) pursuant to 49 U.S.C. 10502 for authority to construct and operate a rail line in Orangeburg and Dorchester counties, South Carolina (SC). The proposed project would involve the construction and operation of approximately two miles of new rail line from the existing cement production factory owned by HolRail's parent company, Holcim (US) Inc. (Holcim), located near Holly Hill in Orangeburg County, to the terminus of an existing rail line of the Norfolk Southern Railway Company (NSR), located to the south near Giant in Dorchester County. Because the effects of the proposed project on the quality of the human environment are likely to be controversial, the Board's Section of Environmental Analysis (SEA) has determined that the preparation of an Environmental Impact Statement (EIS) is appropriate. The purpose of this Notice is to advise those individuals interested in or affected by the proposed project as well as agencies with special expertise or jurisdiction by law, of SEA's decision to prepare an EIS and to initiate the formal scoping process. This Notice also announces the availability of a draft Scope of Study and requests comments on the draft Scope of Study.
Notice of the Availability for the O'Hare Modernization Final Environmental Impact Statement, Final Section 4(f) and Section 6(f) Evaluation, and Final General Conformity Determination, Chicago O'Hare International Airport, Chicago, IL
Document Number: 05-14757
Type: Notice
Date: 2005-07-29
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) announces that the O'Hare Modernization Final Environmental Impact Statement (FEIS), Final Section 4(f) and Section 6(f) Evaluation, and Final General Conformity Determination, for Chicago O'Hare International Airport, Chicago, Illinois, are available for public review. The FAA will accept comment on specific sections of the FEIS that have been updated and/or refined for purposes of the FEIS, in part, because of response to comments on the Draft EIS, Draft Section 4(f) and Section 6(f) Evaluation, and Draft General Conformity Determinations. The comment period is open as of the date of this Notice of Availability and closes Tuesday, September 6, 2005. The FAA will accept comments on updated and/or refined information in the following sections of the FEIS and the associated appendices: (1) Sections 3.6 and 3.7, of Chapter 3, Alternatives. (2) Section 5.6, Air Quality, of Chapter 5, Environmental Consequences. (3) Subsections 5.21.4 through 5.21.11, of Section 5.21, Environmental Justice, of Chapter 5, Environmental Consequences. (4) Section 5.8, Section 4(f) and Section 6(f) Resources, of Chapter 5, Environmental Consequences. (5) Section 5.22, Other Issues Relating to Cemetery Acquisition, of Chapter 5, Environmental Consequences. (6) Section 5.23, Issues Relating to Due Process Claims and Formal Adjudicative Processes, of Chapter 5, Environmental Consequences. (7) Chapter 7, Mitigation. The FEIS 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. 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 e-mail must be sent by no later than 5 p.m., central standard time, Tuesday, September 6, 2005. The USACE participated in the EIS process because implementation of any development alternative, 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 participated in the EIS process 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.