Department of Transportation March 2006 – Federal Register Recent Federal Regulation Documents

Section 3011(c) of SAFETEA-LU authorizes the Secretary of Transportation to establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. This notice solicits comments and preliminary expressions of interest with respect to the Secretary of Transportation's establishment and implementation of the pilot program.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 300, 747-400, 747-400D, and 747SR series airplanes. This AD requires a one-time inspection to determine whether any steel doubler (small or large) is installed at the lower forward and upper aft corners of the fuselage cutout at main entry doors (MEDs) number 3. Depending on the results of this inspection, this AD also requires repetitive inspections for cracks of the skin, bearstrap, and small steel doubler (if installed) at the applicable corner or corners of the fuselage cutouts, and related investigative/corrective actions if necessary. This AD also provides the optional terminating action for the repetitive inspections of installing a large steel doubler at the affected corners. This AD results from reports of cracks in the skin and bearstrap at the upper aft corner and at the lower forward corner of the fuselage cutout at MEDs number 3. We are issuing this AD to detect and correct cracks in the skin, bearstrap, and small steel doubler (if installed), which could propagate and result in rapid decompression of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires inspecting the main landing gear (MLG) main fitting for cracks, and repair if necessary. This AD also requires installing a placard and revising the airplane flight manual to include procedures to prohibit the application of brakes during backward movement of the airplane. This AD results from a report that an MLG main fitting failed on an airplane that was braking while moving backward. We are issuing this AD to detect and correct cracks in the MLG main fitting, which could result in reduced structural integrity of the MLG main fitting.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This proposed AD would require a one-time inspection of the first bonding jumper aft of the bulkhead fitting to detect damage or failure and to determine the mechanical integrity of its electrical bonding path, and repair if necessary; measuring the bonding resistance between the fitting for the fuel feed tube and the front spar in the left and right main fuel tanks, and repairing the bonding if necessary; and applying additional sealant to completely cover the bulkhead fittings inside the fuel tanks. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent arcing or sparking during a lightning strike at the interface between the bulkhead fittings of the engine fuel feed tube and the front spar inside the fuel tank. This arcing or sparking could provide a potential ignition source inside the fuel tank, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

This action extends the comment period for an NPRM published on November 23, 2005. In the NPRM, the FAA proposed new rules that would require operators and manufacturers of transport category airplanes to take steps that, in combination with other required actions, should greatly reduce the chance of a catastrophic fuel tank explosion. The extension of the comment period is a result of requests from a number of entities to allow public comment on new information that has recently been placed in the public docket.

This action extends the comment period for a notice of availability of proposed AC 25.981-2A, Fuel Tank Flammability, and request for comments published on November 28, 2005. In this Notice, the FAA announced the availability of and requested comments on a proposed AC which sets forth an acceptable means, but not the only means, of demonstrating compliance with the provisions of the airworthiness standards in a Notice of Proposed Rulemaking published on November 23, 2005. The comment period for this Notice closes on the same day as the comment period for the NPRM (March 23, 2006). The extension of the Notice's comment period is a result of an extension of the NPRM's comment period.

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 2006-24165 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.

This final rule amends 49 CFR Parts 661 and 663 as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005]. The Federal Transit Administration (FTA) proposed certain changes to the Buy America requirements on November 21, 2005 (70 FR 71246). This final rule addresses fewer issues than were proposed in the Notice of Proposed Rulemaking (NPRM) because of the complexity of a number of recommendations and issues presented during the comment period. Thus, FTA is publishing a final rule on those issues that received little or no public comment. FTA will publish a new NPRM in the Federal Register and hold a public meeting to address the issues raised in the NPRM published on November 21, 2005, but not addressed herein. Thereafter, FTA will publish a final rule with respect to such issues.

The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the release of approximately 16 acres of airport property at Sedona Airport, Sedona, Arizona from the airport- use restrictions of conveyance deed dated October 31, 1996. The purpose of the release is to authorize leasing of the property at fair market value in order to permit the airport to earn revenue from non-aviation uses of the airport land.

This document confirms the effective date of the direct final rule which revises Class E airspace at Gothenburg, Quinn Field, NE.

The Federal Aviation Administration (FAA) is considering a proposal to authorize the release of a portion of the airport property. The City of Faribault, MN is proposing to release for sale 29.72 acres of existing airport land for the development of an Army Reserve and Minnesota National Guard Readiness Center. The acreage being released is not needed for aeronautical use as currently identified on the Airport Layout Plan. The acreage comprising this parcel was originally acquired with local funds in 1944 and 1945. The City of Faribault (Minnesota), as airport owner, has concluded that the subject airport is not needed for expansion of airport facilities. There are no impacts to the airport by allowing the airport to dispose of the property. The appraised value is $830,000 and the Airport will receive that amount. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal 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 requires the property to be used for an aeronautical purpose.

The Board adopts its 2006 User Fee Update and revises its fee schedule to recover the costs associated with the January 2006 Government salary increases and to reflect changes in overhead costs to the Board.

The Surface Transportation Board (Board) will hold a public hearing beginning at 9 a.m. on Thursday, May 11, 2006, at its offices in Washington, DC, to provide interested persons an opportunity to express their views on the subject of fuel surcharges collected by railroads. Persons wishing to speak at the hearing should notify the Board in writing.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to various proposed highway projects in the State of South Carolina. Those actions grant licenses, permits, and approvals for the projects.

This action withdraws a notice of proposed rulemaking (NPRM). That NPRM proposed a new airworthiness directive (AD) that applies to Rolls-Royce plc (RR) RB211 Trent 800 series turbofan engines. That proposed action would have required initial and repetitive borescope inspections of the high pressure-and-intermediate pressure (HP-IP) turbine internal and external oil vent tubes for coking and carbon buildup, and cleaning or replacing the vent tubes if necessary. Since we issued that NPRM, RR notified us that the RB211 Trent 800 series turbofan engines are significantly less susceptible to vent tube carbon build-up than the RB211 Trent 700 series turbofan engines. Repeat on- wing inspections therefore, are not required to maintain fleet safety. Accordingly, we withdraw the proposed rule.

The Federal Motor Carrier Safety Administration's (FMCSA) final rule revising 49 CFR part 386, ``Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings'' (Rules of Practice), published on May 18, 2005, became effective on November 14, 2005. As revised, the Rules of Practice permit a respondent in a civil penalty proceeding to request an informal hearing as an alternative to either a request for a formal hearing or a request to submit written evidence without a hearing. The Rules of Practice, however, do not prescribe specific procedures for conducting informal hearings. As the informal hearing process is a new alternative for motor carriers, FMCSA will implement this alternative in two phases. This approach allows FMCSA to carefully evaluate and refine, as necessary, how the informal hearing process is conducted. During the first phase of implementation, FMCSA will only consider requests for an informal hearing from respondents with a principal place of business within the FMCSA Midwest Service Center's geographical area. The Midwest Service Center's geographical area encompasses the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio and Wisconsin. The second phase, nationwide implementation, will begin within one year of the effective date of the Rules of Practice. FMCSA will publish a notice of its nationwide implementation in the Federal Register. FMCSA will consider any request for an informal hearing received by FMCSA before the publication date of this notice during the first phase of implementation, regardless of the location of respondent's principal place of business. When an informal hearing request is granted, the hearing officer will provide written information to each respondent about the procedures that will govern the hearing.

Dominion Transmission, Inc. (DTI) requested a waiver of compliance from the pipeline safety regulation that requires each liquefied natural gas (LNG) facility constructed after March 31, 2000 to comply with the American National Standards Institute and National Fire Protection Association (ANSI/NFPA) standard for low-pressure welded storage containers.

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.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 720 and 720B series airplanes. This AD requires repetitive inspections for any crack, corrosion, or sign of damage (e.g., finish scratches, blistering, or signs of fuel leaking) of the front spar upper chords under the fairing web, and repair if necessary. This AD results from a report that inspections required by a previous AD action are inadequate for Boeing Model 720 and 720B series airplanes. We are issuing this AD to detect and correct any crack, corrosion, or sign of damage of the front spar upper chords under the fairing web, which could result in structural failure of the wing.

Duke Energy Gas Transmission Company (DEGT) petitioned the Pipeline and Hazardous Materials Safety Administration (PHMSA) for a waiver of compliance with 49 CFR 192.611, which requires natural gas pipeline operators to confirm or revise the maximum allowable operating pressure of a pipeline after a change in class location. DEGT requested the waiver for certain segments of its natural gas pipeline located in Tennessee and Kentucky that have changed, and for segments that may change from Class 1 to Class 2 in the future. Under the pipeline safety regulations, class location indicates the population density near a pipeline. As the population along a pipeline increases, the class location increases. DEGT proposed to conduct a set of alternative risk control activities, in lieu of pipe replacement or pressure reduction, on all the segments requested in the waiver.

The FAA proposes to adopt a new airworthiness directive (AD) for all Twin Commander Aircraft Corporation (Twin Commander) Models 690, 690A, and 690B airplanes. This proposed AD would require you to inspect, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks and replace any cracked support structure. This proposed AD would require you to reinforce the support structures for the inboard and center aileron hinge fittings on both wings. This proposed AD results from reports that cracks were found in the support structures for the inboard and center aileron hinge fittings on both wings. We are issuing this proposed AD to detect and correct cracks in the support structures for the inboard and center aileron hinge fittings on both wings, which could result in aileron failure. This failure could lead to reduced controllability or loss of control of the airplane.