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

This document confirms the effective date of the direct final rule which modifies the legal description for Class D and Class E airspace at Salina Municipal Airport, KS.

This document confirms the effective date of the direct final rule which modifies the legal description for Class E Airspace; Lincoln, NE.

Southern LNG (SLNG) requested a waiver of compliance from the regulatory requirements at 49 CFR 193.2301, which requires each liquefied natural gas (LNG) facility constructed after March 31, 2000, to comply with 49 CFR part 193 and the National Fire Protection Association (NFPA) Standard NFPA 59A ``Standard for Production, Storage, and Handling of Liquefied Natural Gas.''

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires repetitive inspections of the stiffeners at left buttock line (LBL) and right buttock line (RBL) 6.15 for cracks; and replacement of both stiffeners with new, improved stiffeners if any stiffener is found cracked. This AD also allows replacement of both stiffeners at LBL and RBL 6.15 with new, improved stiffeners, which terminates the repetitive inspections. This AD is prompted by reports of cracks in the stiffeners at LBL and RBL 6.15 on the rear spar of the wing center section. We are issuing this AD to detect and correct cracks in the stiffeners at LBL and RBL 6.15, which could result in damage to the keel beam structure and consequently reduce the capability of the airplane to sustain flight loads.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 707 airplanes, and all Boeing Model 720 and 720B series airplanes. This AD requires revising the Limitations section of the airplane flight manual (AFM). The AFM revisions include instructions for monitoring the low pressure lights for the center tank fuel pumps, and a statement prohibiting the resetting of a tripped circuit breaker for a fuel pump in any tank. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent dry operation of the fuel pumps in the center fuel tank, which could result in high temperatures or sparks inside the fuel tank, ignition of fuel vapors, and consequent fire or explosion. We are also issuing this AD to prohibit the resetting of a tripped circuit breaker for a fuel pump in any tank, which could allow an electrical fault to override the protective features of the circuit breaker, and result in sparks inside the fuel tank, ignition of fuel vapors, and consequent fire or explosion.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires repetitive eddy current inspections for cracks of the countersunk rivet holes in the lower lobe, adjacent to the radio altimeter cutouts; additional inspections, for certain airplanes, for cracks and/or corrosion; and further investigative and corrective action if any crack is found. This AD also provides an optional terminating action for the repetitive inspections. This AD results from reports of cracks in the fuselage skin of the lower lobe. We are issuing this AD to detect and correct fatigue cracks of the countersunk rivet holes, which could result in cracks of the fuselage skin of the lower lobe, and consequent rapid depressurization of the cabin.

The FAA is adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model ATP airplanes and Model HS 748 airplanes. This AD requires doing a detailed inspection of the drain pipes of the fuel cross feed system and certain electrical cables for chafe damage; doing an inspection to determine the clearance between the cable loom and the cross feed drain pipe; and doing corrective actions if necessary. This AD results from a fire in the dry area of the wing due to severe chafe damage between an electrical cable and the fuel cross feed drain pipe. We are issuing this AD to prevent chafe damage of the electrical cable and fuel cross feed drain pipe that could lead to fuel leakage from the drain pipe and an ignition source from the electrical cable, which could result in a fire in the dry area of the airplane wing.

The FAA proposes to supersede two existing airworthiness directives (ADs), one AD applicable to all Boeing Model 747 airplanes and the other AD applicable to certain Boeing Model 747 airplanes. The first AD currently requires repetitive inspections for cracking of the upper skin of the horizontal stabilizer center section and the rear spar upper chord, and repair if necessary. The other AD currently requires repetitive inspections for cracking of the upper skin of the outboard and center sections of the horizontal stabilizer and the rear spar structure, hinge fittings, terminal fittings, and splice plates; and repair if necessary. This proposed AD would add, for certain airplanes, repetitive inspections for cracking of the outboard and center sections of the horizontal stabilizer and repair if necessary. For certain other airplanes, this proposed AD would add a detailed inspection to determine the type of fasteners, related investigative actions, and repair if necessary. This proposed AD also would revise the compliance times for certain inspections and add alternate inspections for cracking of the upper skin of the center section and rear spar upper chord. This proposed AD is prompted by reports of cracking in the outboard and center section of the aft upper skin of the horizontal stabilizer, the rear spar chord, rear spar web, terminal fittings, and splice plates; and a report of fractured and cracked steel fasteners. We are proposing this AD to detect and correct this cracking, which could lead to reduced structural capability of the outboard and center sections of the horizontal stabilizer and could result in loss of control of the airplane.

FRA is publishing this notice in response to Congressional direction contained in section 9003(j) of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requesting the agency to identify the substantive criteria and standards used by the DOT/FRA to determine whether to approve or disapprove applications submitted under the RRIF Program. This information is being provided by publication in the Federal Register and posting on the DOT/FRA website, as required by the statute.

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). In addition, this final rule revises references to the former Research and Special Programs Administration to reflect the creation of Pipeline and Hazardous Materials Safety Administration. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 27, 2005, and comments were due on August 26, 2005. No comments were received.

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 2005-22501 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 notice announces a public meeting of the FAA's Aging Transport Systems Rulemaking Advisory Committee (ATSRAC).

This action corrects an error in the airspace description contained in a Final Rule that was published in the Federal Register on Tuesday, September 13, 2005 (70 FR 53917). Airspace Docket No. 05-AAL- 16.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure map for Portland International Jetport, as submitted by the City of Portland, Maine under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR part 150, is in compliance with applicable requirements. The FAA also announces that it is reviewing a proposed noise compatibility program that was submitted for Portland International Jetport under part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before March 8, 2006.

The FAA proposes to adopt a new airworthiness directive (AD) for certain McDonnell Douglas transport category airplanes. This proposed AD would require an initial ultrasonic inspection for cracks of the studbolts of the inboard and outboard hinge fittings of the left and right outboard flaps of the wings. Based on the inspection results, this proposed AD would also require doing repetitive ultrasonic inspections, replacing upper and/or lower studbolts with new or serviceable studbolts, doing a detailed inspection for corrosion of the upper studbolts, doing a magnetic particle inspection for cracks of studbolts, and changing the protection treatment; as applicable. This proposed AD is prompted by reports of corrosion and failures of the upper and lower studbolts of the outboard flaps inboard and outboard hinge fittings. We are proposing this AD to prevent corrosion and subsequent cracking of studbolts, which could result in failure of the flap hinge fittings and their possible separation from the wing rear spar, and consequent reduced controllability of the airplane.

The Board, under 49 U.S.C. 10502, revokes the class exemption as it pertains to the trackage rights described in STB Finance Docket No. 34694 \1\ to permit the trackage rights to expire on or about December 31, 2005, in accordance with the agreement of the parties, subject to the employee protective conditions set forth in Oregon Short Line R. Co.AbandonmentGoshen, 360 I.C.C. 91 (1979).

This amendment supersedes an existing airworthiness directive (AD), applicable to all Boeing Model 727 series airplanes, that currently requires repetitive pre-modification inspections to detect cracks in the forward support fitting of the number 1 and number 3 engines; and repair, if necessary. That AD also provides for an optional high frequency eddy current inspection, and, if possible, modification of the fastener holes; and various follow-on actions; which would terminate the repetitive pre-modification inspections. This amendment expands the area to be inspected; requires accomplishment of the previously optional (and subsequently revised) modification, which terminates certain repetitive inspections; and adds repetitive post- modification inspections to detect cracking of the fastener holes, and corrective actions if necessary. The actions specified by this AD are intended to prevent fatigue cracking of the forward support fitting of the number 1 and number 3 engines, which could result in failure of the support fitting and consequent separation of the engine from the airplane. This action is intended to address the identified unsafe condition.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A330-322, -341, and -342 airplanes, and Model A340-200 and -300 series airplanes. This AD requires modifying the left and right ram air outlets of the two air conditioning packs. The modification includes replacing the old air outlet assembly with a new air outlet assembly, and modifying the web. This AD results from a report of fatigue cracks that initiated in the duct structure of the ram air outlet, which is adjacent to the hydraulics compartment. We are issuing this AD to prevent fatigue cracks in the duct structure of the ram air outlet, which could lead to hot air damage and consequent loss of function of the hydraulics systems.

This action corrects an error in the effective date contained in a Final Rule that was published in the Federal Register on September 1, 2005 (70 FR 52012). That Final Rule amended Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FHA Order 7400.9N, Airspace Designations and Reporting Points.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by Niagara Frontier Transportation Authority for Buffalo Niagara 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 Buffalo Niagara International Airport under part 150 in conjunction with the noise exposure maps, and that this program will be approved or disapproved on or before March 6, 2006.