Department of Transportation 2005 – Federal Register Recent Federal Regulation Documents

The Federal Highway Administration is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a State Route 601 Highway Study in the above referenced counties in Mississippi.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing transport category airplanes listed above. This AD requires repetitive inspections for cracks of the upper surface of the aft lower spar web of the inboard and outboard struts, as applicable; and repetitive inspections for cracks of the upper surface of the intermediate web bay of the aft lower spar. This AD also requires repetitive inspections and torque checks of the bolts common to the aft lower spar chords and the fitting of the rear engine mount bulkhead for missing, loose, or fractured bolts, as applicable; and corrective action, if necessary. This AD is prompted by reports of cracking in the aft lower spar web and reports of missing and fractured bolts. We are issuing this AD to detect and correct cracking of the aft lower spar web, and to prevent missing, loose, or fractured bolts common to the aft lower spar chords and the fitting of the rear engine mount bulkhead, which could result in the loss of the aft lower spar load path and reduced structural capability of the pylon, which may result in the separation of the engine from the airplane.

This document denies a petition for rulemaking to amend the definition of frontal air bag system in Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant crash protection.'' NHTSA has addressed this issue in a recent final rule dated November 19, 2003, and in an interpretation letter dated July 19, 2004.

This notice requests public participation in the Office of Management and Budget (OMB) approval process regarding the renewal of an existing PHMSA/Office of Pipeline Safety (OPS) collection of information for pipeline safety reports of abandoned underwater pipelines. PHMSA is requesting OMB approval for renewal of this information collection under the Paperwork Reduction Act of 1995 and 5 CFR part 1320. The public is invited to submit comments over the next 60 days on ways to minimize the burden associated with collection of information related to the pipeline safety reports of abandoned underwater pipelines.

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 is being forwarded to the Office of Management and Budget (OMB) for extension of currently approved collections. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on December 17, 2004 (69 FR 75602).

The FAA is adopting a new airworthiness directive (AD) for Rolls-Royce Deutschland Ltd & Co KG (RRD) (formerly Rolls-Royce Deutschland GmbH, formerly BMW Rolls-Royce GmbH) model BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines. This AD requires a onetime inspection of the Independent Overspeed Protection (IOP) unit, part number (P/N) 112E9321G2, for 19 specific serial numbers (SNs), and removal from service of those units. This AD results from a report that incorrect capacitors were installed in 19 IOP units. The incorrect capacitor in the IOP unit can lead to an inadvertent IOP command resulting in an in-flight engine shutdown. We are issuing this AD to prevent inadvertent dual-engine in-flight shutdown.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain EMBRAER Model EMB-135 and -145 series airplanes. The original NPRM would have required repetitive detailed inspections for surface bruising of the main landing gear (MLG) trailing arms and integrity of the MLG pivot axle sealant, and corrective actions if necessary; and would also have provided for optional terminating action for the repetitive inspections. The original NPRM was prompted by a report of a fractured axle of the trailing arm of the MLG due to corrosion of the axle. This action revises the original NPRM by expanding the applicability and by providing final terminating action for the repetitive detailed inspections. We are proposing this supplemental NPRM to prevent a broken trailing arm and consequent failure of the MLG, which could lead to loss of control and damage to the airplane during takeoff or landing.

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 May 5, 2005, and comments were due by July 5, 2005. No comments were received.

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.

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 proposal consists of a 2.656-acre portion of Parcel Z (9.19 acres). The land is currently vacant and is not needed for aeronautical use. The land was acquired under the FAA Project Numbers 9-11-024-C309. There are no impacts to the airport by allowing the airport to lease the property. The change from aeronautical to non- aeronautical use will allow the construction of a hotel on the subject 2.656-acre parcel. 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 required the property to be used for an aeronautical purpose.

This action modifies the Los Angeles (LAX), CA, Class B airspace. Specifically, this action expands the eastern boundary of the airspace to ensure containment of the LAX Standard Terminal Arrival Routes (STAR), and correct the inefficiencies of several existing areas identified during public meetings and Southern California TRACON (SCT) reviews of the airspace. The FAA is taking this action to improve the flow of air traffic, enhance safety, and reduce the potential for midair collision in the LAX Class B airspace, while accommodating the concerns of airspace users. Further, this effort supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace to reduce aircraft delays and improve system capacity.

The FAA proposes of rule and invites public comment on the release of land at the Ellington Field under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

The FAA is requesting comments on the Port of Anacortes, Anacortes, Washington, request to change a portion (approximately 4.8 acres) of airport property from aeronautical use to non-aeronautical use. The property is located on the southeast side of the airport, adjacent to residential dwellings.The property is undeveloped and will not be developed for aeronautical purposes. The property will remain available for non-aeronautical airport purposes. The property was acquired through ADAP/AIP grants several years ago. This notice is the result of an agreement between the Port of Anacortes (Port), the owner and operator of the airport, and the city of Anacortes (City), the zoning and permitting authority, to establish a sub-area zoning plan, an obstruction removal and safety fence installation project, and a Development Agreement providing for future (20 years) airport development. There are several positive impacts to the airport by allowing the airport to remove the aeronautical use obligation. The acrimonious relationship between the Port and the City is improving after a decade of deterioration. The airport users benefit from a stabilized relationship between the Port and the City. The airport and the airport users benefit from vested permits for construction of safety and perimeter fences and to remove Part 77 obstructions. Airport developers benefit from a predictable building permit application process where aeronautical uses are ``permitted uses'' rather than ``conditional uses''. The proposal provides for the Port to provide the appraised value of ($135,000) for development rights to the property. The funds will be utilized, with the agreement of FAA, for Airport Improvement Plan eligible airport capital improvement projects.

This notice announces the issuance of Advisory Circular 431.35-2A, ``Reusable Launch and Reentry Vehicle System Safety Process,'' dated July 20, 2005. This advisory circular provides guidance for applying a systematic and logical system safety process for identification, analysis, and control of public safety hazards and risks associated with the operation of reusable launch vehicle and reentry vehicle systems.

By Order 2005-7-14, served on July 15, 2005, the Department tentatively concluded that GoJet Airlines, LLC is fit, willing, and able to provide tentatively scheduled air transportation of persons, property, and mail, and should be issued a certificate of public convenience and necessity authorizing such operations, subject to conditions. At that time, we directed interested parties to file objections no later than 14 days after the service date of the order (i.e., July 29, 2005). Subsequently, the Department published a notice in the Federal Register on July 21, 2005, inadvertently directing all interested parties wishing to file objections should to do so by August 29, 2005. In order to correct this administrative error, while, at the same time, providing interested parties with a suitable period of time to file comments, we find it appropriate to direct persons wishing to file objections to our tentative decision to do so by August 15, 2005.

The FAA proposes to adopt a new airworthiness directive (AD) for all Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa ``PZL- Bielsko'' Model SZD-50-3 ``Puchacz'' gliders. This proposed AD would require you to perform a visual inspection of the turnbuckle link for cracks or wear and replace if cracks or wear is found. This proposed action would only apply to those gliders where the turnbuckle is directly connected to the pedal. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Poland. We are issuing this proposed AD to detect and correct cracks in the turnbuckle link, which could result in failure of the rudder cable. This failure could lead to loss of control of the glider.

The FMCSA announces its decision to exempt 24 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). 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 391.41(b)(10).

This notice announces a pipeline safety advisory bulletin about pilot-operated pressure relief valves installed in hazardous liquid pipelines. The bulletin provides pipeline operators guidance on whether their inspection and test procedures are adequate to determine if these valves function properly. Malfunctioning of a pilot-operated pressure relief valve was a contributing factor in an accident involving a petroleum products pipeline in Bellingham Washington.

This document responds to a petition for reconsideration from DaimlerChrysler Corporation of a final rule relating to the agency's upgrade of rear and side impact tests in Federal Motor Vehicle Safety Standard No. 301, Fuel System Integrity. Among other matters, that final rule provided manufacturers of vehicles with a gross vehicle weight rating greater than 2,722 kilograms (6,000 pounds) an additional year of lead time to certify their vehicles to the amended side impact requirements, but did not provide for a phase-in of those requirements for those vehicles. On reconsideration, NHTSA is providing manufacturers of those vehicles a two year phase-in for the side impact requirements. Ninety percent of the vehicles manufactured on or after September 1, 2005 must meet the upgraded side impact requirements, with 100 percent of the vehicles manufactured on or after September 1, 2006 meeting the requirements.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for review and comment. We published a Federal Register Notice with a 60-day public comment period on this information collection on October 21, 2004 (69 FR 61901). We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. Many of these novel or unusual design features are associated with the complex systems and the configuration of the airplane, including its full- length double deck. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards regarding flotation and ditching. These proposed 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. Additional special conditions will be issued for other novel or unusual design features of the Airbus Model A380-800 airplane.