Department of Transportation 2005 – Federal Register Recent Federal Regulation Documents

On September 24, 2004, the Federal Aviation Administration (FAA) published a final rule, with request for comments, to amend the regulations implementing airport noise compatibility planning. The amendment included revisions stemming from changes to the authorizing legislation that had not been incorporated into the implementing regulations. In addition, the final rule contained several minor, technical changes. This action is a summary and disposition of the comments received in response to that final rule.

This final rule responds to petitions for reconsideration of the agency's newly expanded parts marking requirements. The Anti Car Theft Act of 1992 required NHTSA to conduct a rulemaking to extend the parts marking requirements to below median theft rate passenger cars and multipurpose passenger vehicles with a gross vehicle weight rating of 6,000 pounds or less, unless the Attorney General found that such a requirement would not substantially inhibit chop shop operations and motor vehicle thefts. The Attorney General did not make such a finding. Accordingly, in a final rule published in April 2004, NHTSA extended parts marking requirements to these vehicles. This document responds to petitions for reconsideration of the April 2004 final rule. Specifically, we are amending our procedures in order to begin processing parts marking exemption petitions prior to the effective date, and we are phasing-in the new requirements over a two-year period.

FMCSA proposes a revised registration system. The Unified Registration System would apply to every motor carrier, freight forwarder and broker required to register with DOT under 49 CFR 390.19 or 49 U.S.C. 13901, except Mexico-domiciled motor carriers registering to operate between Mexico and points in the United States beyond border commercial zones along the U.S.-Mexico international border. The entities covered by this system would be required to register with FMCSA and periodically update registration information provided on a newly proposed registration form. This proposal applies to entities that are already subject to FMCSA Commercial Regulations, the Federal Motor Carrier Safety Regulations (FMCSRs), or the Hazardous Material Regulations (HMRs). This action is being taken in response to section 103 of the ICC Termination Act of 1995 (ICCTA), which, among other things, requires the Secretary of Transportation (Secretary) to propose regulations to replace four current identification and registration systems with a single, on-line, Federal system. The purpose of this proposal is to consolidate and simplify current Federal registration processes and to increase public accessibility to data about interstate motor carriers, property brokers, and freight forwarders. FMCSA proposes to charge registration fees that will enable FMCSA to recoup costs associated with processing registration applications and administrative filings and maintaining this system.

The Federal Aviation Administration (FAA) is issuing this notice to advise the public that a Draft Air Quality General Conformity Determination (DGCD) for the O'Hare Modernization Environmental Impact Statement at Chicago O'Hare International Airport has been prepared and is available for public review and comment. In accordance with section 176(c) of the Federal Clean Air Act, FAA has assessed whether the air emissions that would result from FAA's action in approving the proposed projects conform with the Illinois State Implementation Plan (SIP). This assessment is contained in the DGCD. The comment period is open as of the date of this Notice of Availability and closes June 20, 2005. Comments must be sent to Michael W. MacMullen of the FAA at the address shown below, and written comments must be postmarked and emails must be sent by not later than midnight, June 20, 2005.

the Federal Aviation Administration (FAA) has prepared and is making available the Draft Environmental Assessment (DEA) for the following proposed action at the St. Louis Downtown Airport: The construction of a new Air Traffic Control Tower, associated support building, parking lot, and access road. The Draft EA is being prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, FAA Order 1050.1E ``Environmental Impacts: Policies and Procedures'', and FAA Order 5050.4A, ``Airport Environmental Handbook.'' The proposed development action is consistent with the National Airspace System Plan prepared by the U.S. Department of Transportation, Federal Aviation Administration (FAA). A Draft Environmental Assessment will be available for public review and comment at the following locations:

FMCSA announces a public meeting concerning a National Registry of Certified Medical Examiners (NRCME). If established, the NRCME would be a database of medical examiners certified by FMCSA (or a third party) to conduct medical examinations of interstate commercial motor vehicle (CMV) drivers and effectively determine their physical qualifications to operate such vehicles in interstate commerce as defined in 49 CFR 391.41. If the NRCME is implemented, the FMCSA would only accept medical examinations conducted by persons listed in the NRCME as proof of the physical qualifications standards for interstate CMV drivers. The meeting is intended to provide a general introduction to the NRCME concept and an opportunity for discussion with subject matter experts.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Airbus airplane models, as specified above. The original NPRM would have required modifying the thermal insulation system of certain fuselage frames, and modifying the fuselage drainage system. The original NPRM would also have required revising the FAA-approved maintenance inspection program to include inspections for corrosion or cracking in the subject areas. The original NPRM was prompted by reports of corrosion in the lower part of the pressure bulkhead at certain fuselage frames. This action revises the original NPRM by expanding the applicability to include additional airplanes. We are proposing this supplemental NPRM to prevent accumulation of condensation in the insulation blankets of certain fuselage frames, which could cause corrosion that could result in reduced structural integrity of the fuselage and consequent rapid decompression of the airplane.

Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. On January 13, 2005, a notice was published of a petition seeking relief from the requirements of 14 CFR 25.841(a)(2)(ii). By a letter dated March 4, 2005, the petitioner submitted additional information that indicated that it would also be necessary to obtain exemption from the related requirements of Sec. 25.841(a)(2)(i). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.

The FAA is adopting a new airworthiness directive (AD) for Rolls- Royce Corporation (RRC) (formerly Allison Engine Company) 250-B17B, - B17C, -B17D, -B17E, -C20, -C20B, -C20F, -C20J, -C20S, and -C20W turboprop and turboshaft engines that do not have turbine energy absorbing ring, RRC part number (P/N) 23035175, or an equivalent FAA- approved serviceable turbine energy absorbing ring, installed. This AD requires installation of a turbine energy absorbing ring in the plane of the 1st stage turbine wheel. This AD results from an unacceptable rate of uncontained 1st stage turbine wheel failures. We are issuing this AD to minimize the risk of uncontained 1st stage turbine wheel fragments from causing damage to the aircraft or damage to the second engine on twin-engine installations, which could lead to loss of control and loss of the aircraft.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus model airplanes, as specified above. This AD requires modifying the electrical bonding points of additional center tanks. This AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent electrical arcing inside the fuel tank, due to insufficient bonding, which could result in the ignition of fuel vapors with a potential risk of explosion of the fuel tank.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2005 navigation season, which are effective only in Canada. An amendment to increase the charge per pleasure craft per lock transited for full or partial transit of the Seaway will apply in the United States.

The Surface Transportation Board (Board), as part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), gives notice that the Board proposes to request reinstatement without change of a previously approved information collection that has expired. Comments are requested concerning (1) Whether the particular collection of information described below is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board's burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Submitted comments will be summarized and included in the Board's request for Office of Management and Budget (OMB) approval. In this notice the Board is requesting comments on the following information collection: Title: Application to Open an Account for Billing Purposes. OMB Control Number: 2104-0006. Form Number: STB Form 1032. Number of Respondents: 20. Affected Public: Mail carriers, shippers, and others doing business before the agency. Estimated Time Per Response: Less than .08 hours. This estimate is based on actual past survey information. Frequency of Response: The form will only have to be completed once by each account holder. Total Annual Burden Hours: Less than 1.6 hours. Total Annual ``Non-Hour Burden'' Cost: No ``non-hour cost'' burdens associated with this collection have been identified. Needs and Uses: The Board is, by statute, responsible for the economic regulation of surface transportation carriers operating in interstate commerce. This form is for use by applicants who wish to open an account with the Board to charge fees for records search, review, copying, certification of records, filing fees, and related services rendered. The account holder would be billed on a monthly basis for payment of accumulated fees. Data provided will also be used for debt collection activities. The form requests information as required by OMB and U.S. Department of Treasury regulations for the collection of fees. This information is not duplicated by any other agency. In accordance with the Privacy Act, 5 U.S.C. 552a, all taxpayer identification and social security numbers will be secured and used only for credit management and debt collection activities.

This document proposes adopting a new airworthiness directive (AD) for Bell Helicopter Textron (Bell) Model 206A and 206B helicopters modified by Aeronautical Accessories, Inc. Supplemental Type Certificate (STC) SH1392SO with certain part-numbered high crosstubes. The AD would require inspecting at specified time intervals and replacing any cracked crosstubes. This proposal is prompted by the discovery of a cracked high forward crosstube. The actions specified by the proposed AD are intended to detect a crack in the crosstube which could lead to failure of the crosstube, collapse of the landing gear, and subsequent loss of control of the helicopter.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness of the Canadair Regional Jet Maintenance Requirements Manual by incorporating new repetitive detailed inspections of the secondary load path indicator for the horizontal stabilizer trim actuator (HSTA). This AD is prompted by a report of a potential failure of the horizontal stabilizer trim actuator (HSTA) secondary nut in conjunction with a latent failure of the HSTA primary load path discovered during sampling program activities. We are issuing this AD to detect and correct latent failure of the primary load path of the HSTA, which, in conjunction with a failure of the HSTA secondary nut, could result in loss of horizontal trim control and consequent reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 airplanes. This AD requires operators to install torque tube catchers on the control columns of the flight controls. This AD is prompted by the discovery that a single malfunction of the torque tube could result in both flight control columns being supported by only one self-aligning bearing. We are issuing this AD to prevent the torque tube from fouling against the underfloor control cables, which could result in reduced controllability of the airplane.

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. Each mode of transportation for which a particular exemption 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.

This notice grants the Morgan Motor Company Limited (``Morgan'') application for a temporary exemption from Part 581 Bumper Standard. In accordance with 49 CFR part 555, the basis for the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\

On January 24, 2003, the FAA adopted eligibility standards that disqualify a person from holding an airman certificate, rating, or authorization when the Transportation Security Administration has advised the FAA in writing that the person poses a security threat. The rule was adopted to prevent a possible imminent hazard to aircraft, persons, and property within the United States. This action is a summary and disposition of comments received on the final rule.