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

This final rule amends FAA regulations governing commercial space transportation. These changes are necessary to reflect a statutory change, capture current practice and to correct errors in a table. The purpose of the changes is to give the public and the regulated industry accurate and current information.

In this document, NHTSA is amending its safety standard on occupant crash protection to establish the same 56 km/h (35 mph) maximum speed for frontal barrier crash tests using belted 5th percentile adult female test dummies as we previously adopted for tests using belted 50th percentile adult male dummies. The agency is adopting this amendment to help improve crash protection for small statured occupants. The new requirement is phased-in in a manner similar to the phase-in for the 56 km/h (35 mph) maximum speed test requirement using the 50th percentile adult male dummy, but beginning 2 years later, i.e., September 1, 2009.

This document responds to three petitions for reconsideration of our August 2005 final rule amending the Federal motor vehicle safety standard for seat belt assemblies. The amendments redefined and clarified certain requirements and established a new test methodology for emergency-locking retractors. The petitions for reconsideration requested that the agency adopt additional amendments. The petitions are granted in part and denied in part, and, through this document, we are amending the standard accordingly.

The FMCSA announces that a public meeting will be held to discuss the problem of railroad-highway grade crossing crashes in which a commercial motor vehicle (CMV) is struck by a train because the driver of the CMV, for whatever reason, stops the vehicle prior to clearing the railroad track. The meeting is intended to promote the sharing of information between interested parties and FMCSA, the Federal Highway Administration (FHWA), and the Federal Railroad Administration (FRA) to ensure motor carriers and drivers are prepared to achieve full compliance with a forthcoming, statutorily mandated Federal rule to prohibit drivers from entering a railroad grade crossing unless there is sufficient room to clear the tracks completely without stopping. The meeting will provide all interested parties with an opportunity to voice their concerns about the potential costs and safety benefits of such a rule.

This notice sets forth the reasons for the denial of a petition submitted to NHTSA under 49 U.S.C. 30162 by Safety Analysis and Forensic Engineering. The petition requested that the agency commence an investigation into whether certain Ford Explorer and Mercury Mountaineer vehicles are in compliance with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 216, ``Roof crush resistance.'' After review of the petition and other information submitted by the petitioner and the vehicle manufacturer, NHTSA has concluded that further expenditure of the agency's investigative resources on the issue raised in the petition does not appear warranted. The agency has accordingly denied the petition.

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.

The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model EMB-145XR airplanes. This AD requires modification of the flap system interface wiring. This AD results from a finding that the aural and visual warnings, which should be activated when the flaps are set to 22 degrees during takeoff, were not enabled during the manufacture of certain Model EMB-145XR airplanes. We are issuing this AD to prevent overrunning the runway during takeoff.

FRA is issuing procedures governing the creation of Emergency Relief Dockets (ERD) as well as procedures for obtaining waivers from a safety rule, regulation, or standard during an emergency situation or event. FRA's purpose for establishing the ERD and emergency waiver procedures is to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events.

DOT publication of the names of the persons selected to serve on the various Departmental PRBs as required by 5 U.S.C. 4314(c)(4).

The Federal Transit Administration (FTA) published a notice in the Federal Register of August 17, 2006, concerning limitations on claims for certain specified public transportation projects. The notice contained an incorrect date.

Our safety standard on occupant protection in interior impact requires, in part, that light vehicles provide head protection when an occupant's head strikes upper interior components, such as pillars, side rails, headers, and the roof during a crash. While these requirements already apply to most vehicles, the compliance date for altered vehicles and vehicles built in two or more stages is September 1, 2006. In April 2006, we responded to two petitions for rulemaking by proposing certain amendments to the head protection requirements as they apply to these vehicles. We also proposed to delay the compliance date of the requirements for these vehicles until September 1, 2008. Given the short period of time until the current September 1, 2006 compliance date, and as a partial step toward completing action on the April 2006 proposal, we are, by this final rule, delaying the compliance date for one year. This will give us time to fully analyze the comments and reach a decision on other aspects of the proposal, including the proposed additional delay in the compliance date.

This final rule revises the Hazardous Materials Regulations to address a known safety problem with cylinders manufactured of aluminum alloy 6351-T6. The revisions include an inspection and testing program for early detection of sustained load cracking on cylinders manufactured of aluminum alloy 6351-T6 and used in self-contained underwater breathing apparatus (SCUBA), self-contained breathing apparatus (SCBA), and oxygen services.

This notice lists the location and time of the next Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) meeting.

This action amends the Class D airspace area at Provo, UT. A review of the legal description revealed that it does not reflect the current airport reference point (ARP) for Provo Municipal Airport.

The FAA is adopting regulations to address persistent flight delays from overscheduling at O'Hare International Airport (O'Hare). This final rule is intended to be an interim measure only, and the FAA anticipates that the rule will yield to longer term solutions to traffic congestion at the airport. Such solutions include plans by the City of Chicago to modernize the airport and reduce levels of delay, both in the medium term and long term. For this reason, the final rule includes provisions allowing for the limits it imposes to be gradually relaxed, and in any event the regulation will sunset in 2008.

This notice solicits applications for the truck parking initiative for which funding is available under Section 1305 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU directs the Secretary to establish a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. States, metropolitan planning organizations (MPOs) and local governments are eligible for the funding available for fiscal years (FY) 2006-2009. Section 1305 allows for a wide range of eligible projects, ranging from construction of spaces and other capital improvements to using intelligent transportation systems (ITS) technology to increase information on the availability of both public and private commercial vehicle parking spaces. For purposes of this program, long-term parking is defined as parking available for 10 or more consecutive hours.

The Federal Motor Carrier Safety Administration (FMCSA or the Agency) adopts as final, with minor changes, its interim regulations as published in the Federal Register in August 2002. Since that time, enforcement officials have discovered many carriers operating without the required operating authority or beyond the scope of their authority. By making minor changes to the rule, FMCSA facilitates enforcement of these regulatory requirements by the agency's employees and its State counterparts. Clarifying that operating authority means registration as required by statute assists State enforcement officers in identifying the correct violation and not confusing operating authority with other registration requirements.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 19 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The FAA is issuing this notice to advise the public of a first meeting of RTCA Special Committee 212, Helicopter Terrain Awareness and Warning system (HTWAS).

Under the provisions of Title 49, U.S.C. Section 47153(c), notice is being given that the FAA is considering a request from the Charleston County Aviation Authority to waive the requirement that approximately 17.9 acres of airport property (Faison Road), located at the Mount Pleasant Regional Airport, be used for aeronautical purposes.

This final rule specifies uniform requirements for the accuracy, collection, storage, survivability, and retrievability of onboard motor vehicle crash event data in passenger cars and other light vehicles equipped with event data recorders (EDRs). This final rule responds to the growing practice in the motor vehicle industry of voluntarily installing EDRs in an increasing number of light vehicles. This final rule is intended to standardize the data obtained through EDRs so that such data may be put to the most effective future use and to ensure that EDR infrastructure develops in such a way as to speed medical assistance through providing a foundation for automatic crash notification (ACN). This final regulation: requires that the EDRs installed in light vehicles record a minimum set of specified data elements; standardizes the format in which those data are recorded; helps to ensure the crash survivability of an EDR and its data by requiring that the EDR function during and after the front and side vehicle crash tests specified in two Federal motor vehicle safety standards; and requires vehicle manufacturers to ensure the commercial availability of the tools necessary to enable crash investigators to retrieve data from the EDR. In addition, to ensure public awareness of EDRs, the regulation also requires vehicle manufacturers to include a standardized statement in the owner's manual indicating that the vehicle is equipped with an EDR and describing the functions and capabilities of EDRs. This final rule for standardization of EDR data will ensure that EDRs record, in a readily usable manner, the data necessary for ACN, effective crash investigations, and analysis of safety equipment performance. Standardization of EDR data will facilitate development of ACN, e-911, and similar systems, which could lead to future safety enhancements. In addition, analysis of EDR data can contribute to safer vehicle designs and a better understanding of the circumstances and causation of crashes and injuries.

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. 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.