Department of Transportation 2005 – Federal Register Recent Federal Regulation Documents

FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to specify that a driver who passed knowledge and skills tests approved by the Agency for a Commercial Driver's License (CDL) school bus endorsement prior to September 30, 2002, meets the requirements of 49 CFR 383.123. FMCSA also amends the FMCSRs to provide that States have until September 30, 2006, to administer knowledge and skills tests that comply, to all school bus drivers. Finally, to conform with extension of the compliance date, the expiration date for allowing States to waive the driving skills test under 49 CFR 383.123(b) is extended to September 30, 2006. As a result of this interim rule, the 2-year exemptions for drivers in 11 States from the knowledge and skills testing requirement proposed in the FMCSA notice published July 14, 2005, are no longer necessary.

This action proposes to establish seven Area Navigation Instrument Flight Rules Terminal Transition Routes (RITTR) in the Jacksonville, FL, terminal area. RITTRs are low altitude Air Traffic Service routes, based on Area Navigation (RNAV), for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The purpose of RITTR is to expedite the handling of IFR overflight aircraft through busy terminal airspace areas. The FAA is proposing this action to enhance the safe and efficient use of the navigable airspace in the Jacksonville, FL, terminal area. This proposed rulemaking action was originally published in the Federal Register on July 1, 2005 (70 FR 38053). On that date, the proposal was listed in the table of contents under Proposed Rules, ``Class E airspace,'' rather than ``Area navigation routes.'' Following the close of the comment period, the FAA was contacted by an aviation organization stating that they had not seen the NPRM for this action and desired to submit comments. It was determined that no comments had been received during the comment period. Therefore, the FAA has decided to reopen the comment period for 30 days to provide an additional opportunity for any similarly affected parties to submit comments.

The purpose of this Notice is to make available for public review and comment the Draft Environmental Assessment (DEA) for the Port of Anchorage, Cherry Hill Gravel Extraction Project (Project). The DEA analyzes the potential impacts on the natural and manmade environment associated with gravel extraction from Elmendorf Air Force Base to be used as fill for the Port of Anchorage Intermodal Expansion.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes, and A340-541 and A340-642 airplanes. This proposed AD would require inspecting to determine if certain emergency escape slides/slide rafts (referred to as slide/rafts) are installed in certain crew/passenger doors; and, if so, performing a one-time inspection to determine if the electrical harnesses of the slide/rafts are properly routed, and rerouting the harnesses if necessary. This proposed AD results from a report that a slide/raft failed to deploy properly during a deployment test. We are proposing this AD to detect and correct improper routing of the electrical harnesses of certain slide/rafts, which could prevent proper deployment of the slide/rafts and delay evacuation of passengers and flightcrew during an emergency.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 767-200, -300, and -300F series airplanes. The existing AD currently requires repetitive inspections of the lubrication passage and link assembly joint in the inboard and outboard flaps of the trailing edge for discrepancies, and corrective action if necessary. This proposed AD would require new inspections for cracking or severe wear of the bearings of the link assembly, and corrective actions if necessary. This proposed AD would also require inspecting any link assembly not previously inspected for damage and replacing it with a new assembly if necessary. This proposed AD also ends the existing repetitive inspections for certain airplanes, and extends the repetitive interval for the existing repetitive inspections and the compliance time for the corrective action on certain other airplanes. This proposed AD also provides an optional terminating action that would end the repetitive inspections. This proposed AD results from additional reports indicating fractured bearings of the link assembly joint in the inboard and outboard flaps of the trailing edge. We are proposing this AD to prevent failure of the bearings in the link assembly joint, which could result in separation of the inboard or outboard flap and consequent loss of control of the airplane.

The Federal Highway Administration and Federal Transit Administration are issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for proposed highway and transit improvements in the Interstate 5 Columbia River Crossing (CRC) corridor between the Portland, Oregon and Vancouver/ Clark County, Washington area.

This final rule amends the FAA's regulations on the crashworthiness of passenger and flight attendant seats on transport category airplanes used in part 121 passenger-carrying operations. This final rule requires those transport category airplanes type- certificated after January 1, 1958 which have not yet been manufactured that are used in part 121 passenger-carrying operations to have passenger and flight attendant seats that meet the current improved crashworthiness standards. This action is necessary because research, accident data, and analysis show that these improvements provide increased occupant protection in airplanes involved in impact- survivable accidents.

These special conditions are issued for the Airbus Model A318- 121 and A318-122 airplanes equipped with Pratt and Whitney PW6000 engines. These airplanes will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes, associated with engine size and torque load, which affect sudden engine stoppage. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This action modifies Restricted Area R-3004, Fort Gordon, GA, by vertically subdividing the airspace into two separate areas; R-3004A (surface to 7,000 feet Mean Sea Level (MSL)) and R-3004B (7,001 feet MSL to 16,000 feet MSL). This modification will not alter the existing lateral boundary or current upper limit of restricted airspace, or change the use of the area. The FAA is taking this action to allow for more efficient real-time utilization of the airspace during periods when only the lower segment of the restricted area is needed for military operations.

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.