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

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) described below has been forwarded to the Office of Management and Budget (OMB) for extension of currently approved collection. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 23, 2005, [FR 70, page 29554].

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

This action revokes Restricted Area R-7104, Vieques Island, PR. The U.S. Navy weapons range on Vieques Island has been permanently closed; therefore, restricted airspace is no longer required at that location. The FAA is taking this action to return restricted airspace to the National Airspace System.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by Richland- Lexington Airport District for Columbia Metropolitan Airport under the provisions of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise Abatement Act) and 14 CFR Part 150 are in compliance with applicable requirements.

This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 1997 Land Rover Defender 90 multi-purpose 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 are substantially similar to vehicles originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 1997 Land Rover Defender 90 MPV), and they are capable of being readily altered to conform to the standards.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2005 Harley Davidson FX, FL, and XL motorcycles 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 (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

The FAA published a document on June 30, 2005 (70 FR 37656) concerning final special conditions for Diamond Aircraft Industries on the Diamond DA-42. There was an error in the preamble of the special conditions in the reference to the docket number. This document contains a correction to the docket number.

This action corrects a final rule published in the Federal Register on May 25, 2005 (70 FR 29943-29944). In that rule, the description of the designated airspace contained errors and omissions. Action to correct these errors and omissions result in a delay of the effective date. This action corrects the final rule and effective date. The correct effective date is October 27, 2005.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

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 2005-21994 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.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.

This action proposes to establish new Class E airspace at Deering, AK. Four new Standard Instrument Approach Procedures (SIAPs) are being published for the Deering Airport. There is no existing Class E airspace to contain aircraft executing the new instrument procedures at Deering, 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 Deering, AK.

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 area is a two-acre parcel of vacant land located in the land triangle east of Runway 2/20 and south of Runway 14/32, The land was obligated under FAA Project No. 3-18+0047-003-1992. There are not impacts to the airport by allowing the airport to lease the property. The land is not needed for aeronautical use and a new fire station will be constructed on the land that will provide firefighting capability to the airport and surrounding community. 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 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.

The FAA proposes to codify current flight restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. This action is necessary because of the ongoing threat of terrorist attacks. The FAA intends by this action to help the Department of Homeland Security and the Department of Defense protect national assets in the National Capital region.

This notice proposes to establish a Class E airspace area at Hana, HI. The establishment of an Area Navigation (RNAV) Global Positioning System (GPS) Instrument Approach Procedure (IAP) RNAV (GPS) to Runway (RWY) 26 IAP and a RNAV Departure Procedure (DP) at Hana Airport, Hana, HI has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing the RNAV (GPS) RWY 26 and RNAV DP at Hana Airport. The intended effect of this proposal is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at Hana Airport, Hana, HI.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requests (ICR) abstracted below have been forwarded to the Office of Management and Budget (OMB) for extension of the currently approved collections. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collections of information was published on April 12, 2005, page 19144.

These special conditions are issued to Maule Aerospace Technology, Inc., for the Maule Aerospace Technology, Inc. M-7-230, M- 7-230C, and M-9-230 airplane models. These airplanes will have a novel or unusual design feature(s) associated with the installation of an engine that uses an electronic engine control system in place of the engine's mechanical system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards applicable to these airplanes. These special conditions were issued and effective in December 2003; however, they were inadvertently not published. This document is being published with the same effective date to correct that oversight.

The FHWA is issuing this revised notice of intent to update the public, Tribes, and agencies of changes made to the previous notice of intent for a proposed highway project along SR 99 in Seattle, King County, Washington. The previous notice of intent was published in the Federal Register on September 26, 2003. It announced that a Draft Environmental Impact Statement (EIS) would be prepared for the Alaskan Way Viaduct and Seawall Replacement Project. The Draft EIS for the Alaskan Way Viaduct and Seawall Replacement Project was published March 31, 2004. Since the Draft EIS was issued, the project's purpose and need statement has been revised to include access and safety improvements from the Battery Street Tunnel north to Roy Street.

The Surface Transportation Board (Board) approved the Settlement Agreement negotiated in these cases by the United States Departments of Energy and Defense (the Government) and by the Union Pacific Railroad Company (UP), prescribed the Agreement's rate and rate update methodologies as the maximum reasonable rate level, extinguished UP's liability for reparations, and agreed not to entertain cross- complaints against UP in subsequent proceedings involving the Government's claims for reparations against remaining railroad defendants that participated in through rates with UP. The Board declined in part to rule on, and granted in part, the Government's separate request for ground rules to govern future proceedings against remaining railroad defendants and granted the Government's request to continue holding these proceedings in abeyance subject to the Government reporting quarterly on the progress of settlement negotiations.

This notice proposes to establish Class E3 airspace at Riverside March Field, CA. Class E3 airspace is necessary to contain and protect circling maneuvers for Category E aircraft executing these maneuvers in conjunction with Standard Instrument Approach Procedures (SIAPs) at the airport. This action would establish Class E3 airspace extending upward from the surface to, but not including, the base of the overlying Class C airspace area.

The Federal Aviation Administration (FAA), in cooperation with the National Park Service (NPS), began development of an Air Tour Management Plan (ATMP) and associated Environmental Assessment (EA) for Hawai'i Volcanoes National Park in February 2003. The ATMP is being established pursuant to the National Parks Air Tour Management Act of 2000 (Pub. L. 106-181) and its implementing regulations contained in Title 14, Code of Federal Regulations, Part 136, National Parks Air Tour Management. The objective of the ATMP is to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the natural resources, cultural resources, and visitor experiences of Hawai'i Volcanoes National Park. The FAA and NPS have now decided to proceed with development of an Environmental Impact Statement (EIS) for this project. This decision is based on information received through the EA scoping process, the environmental analysis completed by the Agencies to date, the consideration of preliminary ATMP alternatives, and through consultations conducted pursuant to Section 106 of the National Historic Preservation Act. By this notice the FAA and NPS are initiating a 30-day scoping period for this EIS. The FAA and NPS are now inviting the public, agencies, and other interested parties to provide written comments, suggestions, and input regarding the scope of issues and the identification of significant issues to be addressed in the Environmental Impact Statement (EIS). Comments previously submitted in response to the EA scoping will not need to be resubmitted, as they will be considered as part of the EIS process and record. No additional scoping meetings are scheduled.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-200B, 747-300, 747-400, and 747-400D series airplanes. This AD requires modifying the lateral shear beam for the Door 5 crew rest and, for certain airplanes, replacing Zone E tie rods and modifying the Zone E stowbin ladder. This AD results from a report indicating that the lateral shear beam for the Door 5 crew rest does not meet the 9G forward loading requirement. We are issuing this AD to prevent the structural support for the Door 5 crew rest and Zone E stowbins from failing, which could result in the crew rest or stowbins falling during an emergency and consequent injury to crew and passengers.

The FAA is adopting a new airworthiness directive (AD) for certain Raytheon Model HS.125 series 700A airplanes, Model BAe.125 series 800A airplanes, and Model Hawker 800 and Hawker 800XP airplanes. This AD requires inspecting to determine the current rating of the circuit breakers of certain cockpit ventilation and avionics cooling system blowers; and replacing the circuit breakers and modifying the blower wiring, as applicable. This AD results from a report indicating that a blower motor seized up and gave off smoke. We are issuing this AD to prevent smoke and fumes in the cockpit in the event that a blower motor seizes and overheats due to excessive current draw.

The FAA is adopting a new airworthiness directive (AD) for certain AvCraft Dornier Model 328-300 airplanes. This AD requires modifying the electrical wiring of the fuel pumps; installing insulation at the flow control and shut-off valves, and other components of the environmental control system; installing markings at fuel wiring harnesses; replacing the wiring harness of the auxiliary fuel system with a new wiring harness; and installing insulated couplings in the fuel system; as applicable. This AD also requires revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness to incorporate new inspections of the fuel tank system. This AD is prompted by the results of fuel system reviews conducted by the airplane manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.