Department of Transportation November 2005 – Federal Register Recent Federal Regulation Documents
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Qualification of Drivers; Exemption Applications; Vision
This notice announces FMCSA's receipt of applications from 22 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR Sec. 391.41(b)(10).
Special Conditions; Garmin AT, Inc. EFIS on the Mooney M20M and M20R; Protection of Systems From High Intensity Radiated Fields (HIRF)
These special conditions are issued to Garmin AT, Inc., 2345 Turner Rd. SE, Salem, OR 97302, for a Supplemental Type Certificate for the Mooney M20M and M20R. These airplanes will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of an electronic flight instrument system (EFIS) display, Model G-1000, manufactured by Garmin International, for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
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.
IFR Altitudes; Miscellaneous Amendments
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.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the new Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for emergency processing. The Maritime Administration (MARAD) is requesting approval of this collection for the period December 9, 2005 to September 30, 2006. With this one-time survey, MARAD has made a concerted effort to keep the burden on the public to an absolute minimum.
Design Standards for Highways; Interstate System
The FHWA is requesting comments on a proposed amendment to the design standards that apply to highway construction and reconstruction projects on the Interstate System. A 2005 revision of the American Association of State Highway and Transportation Officials' (AASHTO) publication entitled A Policy on Design Standards Interstate System, January 2005, has replaced the previous version of this policy published in 1991. If adopted by the FHWA, the new AASHTO publication would constitute the FHWA's policy on geometric design standards for all construction and reconstruction projects on the Interstate System.
Airworthiness Directives; McCauley Propeller Systems Five-Blade Propeller Assemblies
The FAA is adopting a new airworthiness directive (AD) for certain McCauley Propeller Systems propeller assemblies installed on BAE Systems (Operations) Limited Jetstream model 4100 series airplanes. This AD requires removing certain propeller hubs from service at new reduced life limits and eddy current inspections (ECIs) of the propeller hub. This AD results from three reports of cracked propeller hubs. We are issuing this AD to prevent cracked propeller hubs, which could cause failure of the propeller hub, blade separation, and loss of control of the airplane.
Airworthiness Directives; McCauley Propeller Systems Propeller Assemblies Models 2D34C53/74E-X; D2A34C58/90AT-X; 3AF32C87/82NC-X; D3AF32C87/82NC-X; D3A32C88/82NC-X; D3A32C90/82NC-X; and 3AF34C92/90LF-X.
The FAA is adopting a new airworthiness directive (AD) for McCauley Propeller Systems propeller assemblies, models 2D34C53/74E-X; D2A34C58/90AT-X; 3AF32C87/82NC-X; D3AF32C87/82NC-X; D3A32C88/82NC-X; D3A32C90/82NC-X; and 3AF34C92/90LF-X. This AD requires, within 10 flight hours or 10 days after the effective date of this AD, whichever occurs first, removing certain serial number propeller hubs from service. This AD results from a report by the manufacturer that they manufactured and released 40 propeller hubs with improperly machined socket retention threads. We are issuing this AD to prevent cracked propeller hubs, which could cause failure of the propeller hub, blade separation, and loss of control of the airplane.
FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
This notice announces changes in the Federal Transit Administration (FTA) programs in accordance with SAFETEA-LU, which authorizes funds for all of the surface transportation programs of the Department of Transportation for Federal fiscal years 2005 through 2009. This notice provides preliminary implementation instructions and guidance for grants under the new and revised programs in FY 2006 and invites public comment. The notice also includes tables of unobligated (or carryover) amounts for earmarks from prior years under the discretionary programs, and tables that list discretionary program earmarks authorized under SAFETEA-LU.
Environmental Impact Statement: Washington and Bolivar Counties, MS
The Federal Highway Administration is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a proposed connector route from the proposed Interstate 69 to U.S. Highway 82 near the City of Greenville, MS in the above referenced counties.
Requested Administrative Waiver of the Coastwise Trade Laws
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 2005-23094 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.
Requested Administrative Waiver of the Coastwise Trade Laws
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 2005-23096 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.
Requested Administrative Waiver of the Coastwise Trade Laws
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 2005-23097 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.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
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 August 29, 2005, and comments were due by October 28, 2005. No comments were received.
Reports, Forms, and Recordkeeping Requirements
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.
Reports, Forms and Record Keeping Requirements; Agency Information Collection Activity Under OMB Review
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 May 19, 2005 (70 FR 28843). This is a request for a new collection.
Environmental Impact Statement; Skowhegan Transportation Study; Skowhegan and Madison, Somerset County, MA
The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in the Towns of Skowhegan and Madison, Maine.
Requested Administrative Waiver of the Coastwise Trade Laws
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 2005-23095 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.
Airworthiness Directives; Pacific Aerospace Corporation Ltd. Model 750XL Airplanes
The FAA adopts a new airworthiness directive (AD) for certain Pacific Aerospace Corporation Ltd Model 750XL airplanes. This AD requires you to inspect the condition of the left and right outer panel attachment lugs for damage (scoring and gouging) and/or cracks (using a fluorescent penetrant inspection procedure for the crack inspection); to inspect the spacing of left and right outer panel attachment lugs; to replace the lugs if damage is found; and to make necessary corrections to the spacing. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for New Zealand. We are issuing this AD to prevent structural failure of the outer panel and spar due to a cracked, bent, or distorted condition of the left and right outer panel attachment lugs; and incorrect spacing of the left and right outer panel attachment lugs. This failure could lead to loss of control of the airplane.
Agency Information Collection Activities; Request for Comments; Renewal of Two Information Collections
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew two information collections, which are summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Proposed Advisory Circular 25.981-2A, Fuel Tank Flammability
This notice announces the availability of and requests comments on a proposed advisory circular (AC) which sets forth an acceptable means, but not the only means, of demonstrating compliance with the provisions of the airworthiness standards for transport category airplanes related to Fuel Tank Flammability Reduction. This proposed AC complements revisions to the airworthiness standards that are being proposed by a separate notice. This notice is necessary to give all interested persons an opportunity to present their views on the proposed AC.
Notice of Tentative Decision To Partially Rescind Decision That Nonconforming 1990-1999 Nissan GTS and GTR Passenger Cars Are Eligible for Importation
This document provides notice that NHTSA has tentatively decided to partially rescind its decision that 1990-1999 Nissan GTS and GTR passenger cars not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States. If NHTSA makes this rescission, Nissan R33 model GTS and GTR passenger cars manufactured between January 1996 and June 1998 would be eligible for importation following the decision; the others would not be eligible for importation following the decision.
Notice of Receipt of Petition for Decision That Nonconforming 2005 Lamborghini Murcielago Roadster Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2005 Lamborghini Murcielago roadster passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and 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.
Request for Comments
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on September 16, 2005 (70 FR 54798).
Bay Area To Central Valley High-Speed Train Programmatic Environmental Impact Statement
FRA is issuing this notice to advise the public that FRA with the California High Speed Rail Authority (Authority) will jointly prepare a programmatic environmental impact statement (EIS) and programmatic (program) environmental impact report (EIR) for the San Francisco Bay Area to Central Valley portion of the California High- Speed Train (HST) System in compliance with state and Federal laws, in particular the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). FRA is also issuing this notice to solicit public and agency input into the development of the scope of the Bay Area to Central Valley HST Program EIR/EIS and to advise the public that outreach activities conducted by the Authority and its representatives will be considered in the preparation of the EIR/EIS. The FRA and the Authority recently completed a Program EIR/EIS as the first-phase of a tiered environmental review process for the Proposed California HST system, and as part of the selected HST Alternative defined a broad corridor between the Bay Area and Central Valley generally bounded by (and including) the Pacheco Pass (SR-152) to the South, the Altamont Pass (I-580) to the North, the BNSF Corridor to the East, and the Caltrain Corridor to the West. The Bay Area to Central Valley HST Program EIR/EIS will further examine this broad corridor as the next phase of the tiered environmental review process.
Buy America Requirements; Amendments to Definitions and Waiver Procedures
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Federal Transit Administration (FTA) to make certain changes to our Buy America requirements. Accordingly, this Notice of Proposed Rulemaking (NPRM) would clarify the Buy America requirements with respect to microprocessor waivers, remove two general waiver categories, allow for post-award waivers, require greater detail for public interest waivers, and specify that final decisions by FTA are subject to judicial review. In addition, this NPRM would clarify the definitions of end product, negotiated agreement, and contractor, and provide a list representative of those items. The NPRM also proposes addressing the procurement of systems under the definition of end product, negotiated agreement, and contractor to ensure that major system procurements are not used to circumvent the Buy America requirements. Finally, the NPRM would make a minor clarification to pre-award and post-delivery review of rolling stock purchases.
Modification of the Minneapolis Class B Airspace Area; MN
This action modifies the current Minneapolis, MN, Class B airspace area to contain large turbine-powered aircraft during operations to the new Runway 17/35 and to address an increase in aircraft operations to and from the Minneapolis-St. Paul International (Wold-Chamberlain) Airport (MSP). The FAA is taking this action to enhance safety and improve the management of aircraft operations in the Minneapolis terminal area. Further, this action supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace areas to reduce aircraft delays and improve system capacity.
Proposed Revision of VOR Federal Airway V-257
This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on November 7, 2002 (67 FR 67801). In that action, the FAA proposed to revise Federal Airway V-257 between the Phoenix, AZ, Very High Frequency Omni-directional Radio Range and Tactical Air Navigation Aids (VORTAC) and the Drake, AZ, VORTAC. The FAA has determined that withdrawal of the proposed rule is warranted since the proposed action would require the revision of numerous instrument procedures in the Phoenix area.
Modification of the Norton Sound Low Offshore Airspace Area; AK
This action amends the Norton Sound Low airspace area, AK. Specifically, this action modifies the Norton Sound Low airspace area in the vicinity of the Deering Airport, AK, by lowering the controlled airspace floor to 1,200 feet mean sea level (MSL) and expanding the area to a 45-nautical mile (NM) radius of the airport. The FAA is taking this action to provide additional controlled airspace for aircraft instrument operations at the Deering Airport.
Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals
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.
Data-Link Recorder Systems
This notice announces the availability of, and requests comment on proposed Technical Standard Order (TSO) C-177, Data-Link Recorder Systems. This proposed TSO tells persons seeking a TSO authorization or letter of design approval what minimum performance standards (MPS) their Data-Link Recorder Systems must meet to be identified with the appropriate TSO marking.
Aviation Rulemaking Advisory Committee Meeting on Transport Airplane and Engine Issues
This notice announces a public meeting of the FAA's Aviation Rulemaking Advisory Committee (ARAC) to discuss transport airplane and engine (TAE) issues.
FRA Emergency Order No. 24, Notice No. 2; Emergency Order No. 24: Hand-Operated Main Track Switches; Amendment
The Federal Railroad Administration (FRA) of the United States Department of Transportation (DOT) issues this notice to amend Emergency Order No. 24 (EO 24) in response to informal comments received from railroads and labor organizations. This amendment provides additional guidance, clarifying amendments and expanded relief from the EO.
Railroad Revenue Adequacy-2004 Determination
On November 23, 2005, the Board served a decision announcing the 2004 revenue adequacy determinations for the Nation's Class I railroads. One carrier, Norfolk Southern Railway Company, is found to be revenue adequate.
Agency Information Collection Activities; Request for Comments; Renewed Approval of an Information Collection; Environmental Streamlining: Measuring the Performance of Stakeholders in the Transportation Project Development Process II
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew an information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Office of Hazardous Materials Safety; Notice of Applications for Modification of Exemption
In accordance with the procedures governing the application for, and the processing of, exemptions from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of exemptions (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. There applications have been separated from the new application for exemption to facilitate processing.
Office of Hazardous Materials Safety; Notice of Application for Special Permits
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Airworthiness Directives; Boeing Vertol Model 107-II Helicopters
This amendment adopts a new airworthiness directive (AD) for Boeing Vertol (Boeing) Model 107-II helicopters. This action requires a visual and magnetic particle inspection of the quill shaft. This amendment is prompted by the discovery of cracks in a quill shaft during a routine inspection. The actions specified in this AD are intended to detect a fatigue crack in a quill shaft and prevent separation of the quill shaft between the aft transmission and the mix box assembly, loss of rotor synchronization, and subsequent loss of control of the helicopter.
Airworthiness Directives; Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 Series Airplanes, and Model A320-111 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 series airplanes, and Model A320-111 airplanes. This AD requires an inspection to determine whether certain braking and steering control units (BSCUs) are installed or have ever been installed. For airplanes on which certain BSCUs are installed or have ever been installed, this AD requires an inspection of the nose landing gear (NLG) upper support and corrective action if necessary, and a check of the NLG strut inflation pressure and an adjustment if necessary. For some of these airplanes, this AD also requires a revision to the aircraft flight manual to incorporate an operating procedure to recover normal steering in the event of a steering failure. This AD results from a report of an incident where an airplane landed with the NLG turned 90 degrees from centerline. We are issuing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane.
Airworthiness Directives; Boeing Model 727-200 and 727-200F Series Airplanes; 737-200, 737-200C, 737-300, and 737-400 Series Airplanes; 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747SR, and 747SP Series Airplanes; 757-200 and 757-200PF Series Airplanes; and 767-200 and 767-300 Series Airplanes
This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive (AD) for certain Boeing transport category airplanes. That NPRM invites comments concerning the proposed requirements for replacing any insulation blanket constructed of polyethyleneteraphthalate (PET) film, ORCON Orcofilm[reg] AN-26 (hereafter ``AN-26''), with a new insulation blanket. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM.
Environmental Impact Statement: Miami-Dade County, FL
The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in Miami-Dade County, Florida.
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