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

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 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 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.

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 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 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.

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.

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.

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.

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.

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.

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.

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.

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).

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.''

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.

The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce plc (RR) RB211-22B series, RB211-524B, - 524C2, -524D4, -524G2, -524G3, and -524H series, and RB211-535C and - 535E series turbofan engines with high pressure compressor (HPC) stage 3 disc assemblies, part numbers (P/Ns) LK46210, LK58278, LK67634, LK76036, UL11706, UL15358, UL22577, UL22578, and UL24738 installed. That AD requires removing from service certain disc assemblies before they reach their full life if not modified with anticorrosion protection. This proposed AD would require the same actions as AD 2004- 01-20, but would shorten the compliance time for disks that entered service before 1990. This proposed AD results from the manufacturer's reassessment of the corrosion risk on HPC stage 3 disc assemblies not modified with sufficient application of anticorrosion protection. We are issuing this AD to prevent corrosion-induced uncontained disc failure, resulting in damage to the airplane.

This amendment adopts a new airworthiness directive (AD), applicable to certain McDonnell Douglas airplane models. This AD requires a one-time test to determine the material of the upper inboard spar cap of the wing, and corrective actions if necessary. This action is necessary to prevent stress corrosion cracking in the forward tang of the upper inboard spar cap of the wing, which could result in structural damage to adjacent components of the wing and consequent reduced structural integrity of the airplane. This action is intended to address the identified unsafe condition.

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 certain petitions 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.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200, -200CB, and -300 series airplanes. This proposed AD would require repetitive detailed inspections for proper functioning of the girt bar leaf springs for the escape slides at passenger doors 1, 2, and 4, and corrective actions if necessary. This proposed AD is prompted by a report that the escape slides failed to deploy correctly during an operator's tests of the escape slides. We are proposing this AD to prevent escape slides from disengaging from the airplane during deployment or in use, which could result in injuries to passengers or flightcrew.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the lease of the airport property. The triangular parcel consists of 85.85 acres. The land is currently vacant and being farmed. The land was acquired by the Rickenbacker Port Authority through a Quitclaim Deed dated November 15, 1999 and a Quitclaim Deed dated September 22, 2003 from the United States of America through the Secretary of the Air Force. There are no impacts to the airport by allowing the airport to lease the property. The release of the property is being requested to allow for development into an intermodal transportation facility, along with roadway access. Approval does not constitute a commitment by the FAA to financially assist in the lease of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the lease of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

This notice announces the availability of certain new consensus standards and revisions to previously accepted consensus standards relating to the provisions of the Sport Pilot and Light-Sport Aircraft rule issued July 16, 2004, and effective September 1, 2004. ASTM International Committee F37 on Light Sport Aircraft developed these new and revised standards with FAA participation. By this Notice, the FAA finds these new and revised standards acceptable for certification of the specified aircraft under the provisions of the Sport Pilot and Light-Sport Aircraft rule.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by South Jersey Transportation Authority for Atlantic City International Airport under provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 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 Atlantic City International Airport under part 150 in conjunction with the noise exposure maps, and that this program will be approved or disapproved on or before January 11, 2006.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the release of 8.655 acres of airport property for the proposed right-of-way for the Alum Creek Drive Extension between Ashville Pike and Lockbourne-Eastern Road. The land is vacant and is currently being farmed. The land was acquired by the Rickenbacker Port Authority through a Quitclaim Deed dated March 30, 1984 from the Administrator of General Services for the United States of America. There are no impacts to the airport by allowing the airport to dispose of the property. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The CRAA will not receive payment for the dedication of the right-of-way to the City of Columbus or Franklin County for public transportation purposes. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.