Department of Transportation August 23, 2006 – Federal Register Recent Federal Regulation Documents

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 2006-25655 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.

The Maritime Administration (MARAD) is amending its regulations governing its pilot program for the reimbursement of costs of qualified maintenance and repair (M&R) of Maritime Security Program (MSP) vessels performed in United States shipyards. Under Public Law 109-163, the Secretary of Transportation, acting through the Maritime Administrator, is directed to implement regulations that, among other things, replace MARAD's voluntary M&R reimbursement program with a mandatory system. The notice of proposed rulemaking for this action was published in the Federal Register on February 8, 2006 (71 FR 6438). Several of the comments received argued that MARAD lacks authority to unilaterally add to existing MSP agreements the added obligation on the part of the MSP contractor to enter into an M&R Pilot Program agreement. In order to have a full airing of this fundamental issue, MARAD is hereby giving notice that we have decided to open a reply comment period for this rulemaking. Reply comments may address the issue highlighted above or any other issue raised in the original set of comments received in this docket.

The Department has directed all interested persons to show cause why it should not issue an order withdrawing its approval under 49 U.S.C. 41309 for an International Air Transport Association (``IATA'') agreement, the Provisions for the Conduct of the IATA Traffic Conferences, insofar as that agreement establishes tariff conferences whereby IATA's member carriers discuss and agree upon passenger fares and cargo rates for U.S.-Australia/Europe markets. The Department is extending the due date for comments on that order from August 21 to October 20, 2006. Replies will be due November 20, 2006.

The Department of Transportation is adding state-licensed or certified marriage and family therapists to the list of credentialed professionals eligible to serve as substance abuse professionals under subpart O of 49 CFR part 40. The Department is also making a series of technical amendments to its drug and alcohol testing procedural rule. The purpose of the technical amendments is to clarify certain provisions of the rule as well as address omissions and typographical errors which have been called to our attention since the publication of the final rule in December 2000.

This amendment supersedes an existing airworthiness directive (AD), that is applicable to Rolls-Royce plc (RR) models RB211-535E4-37, RB211-535E437, RB211-535C-37, RB211-535E4-B-75, RB211-535E4-C, and RB211-22B-02 turbofan engines. That AD currently requires inspecting certain high pressure (HP) turbine discs, manufactured between 1989 and 1999, for cracks in the rim cooling air holes, and, if necessary, replacing the discs with serviceable parts. The manufacturer identified reaming-induced machining anomalies (RIMA) as the cause for the cracking. This amendment requires the same inspections, and reduces the compliance times for eddy current inspection (ECI) for the RR RB211- 22B-02 engines. This amendment results from the manufacturer reducing their recommended compliance times for inspections on RB211-22B-02 engines. We are issuing this AD to prevent possible disc failure, which could result in an uncontained engine failure and damage to the airplane.

The FAA is superseding an existing airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The existing AD currently requires inspecting contactors 1K4XD, 2K4XD, and K4XA to determine the type of terminal base plate, and applying sealant on the terminal base plates, if necessary. This new AD revises the effective date of the existing AD. This AD results from incidents of short circuit failures of certain alternating current (AC) contactors located in the avionics bay. We are issuing this AD to prevent short circuit failures of certain AC contactors, which could result in arcing and consequent smoke or fire.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 767-400ER series airplanes and Model 777-200 and - 300 series airplanes. This AD requires, for certain airplanes, repetitive testing of the fill and safety fittings of the cargo fire extinguishing bottles in the forward cargo compartment for leaks; and repetitive application of a corrosion inhibiting compound (CIC) or replacement of the cargo fire extinguishing bottles with reworked fire extinguishing bottles, as necessary. For all airplanes, this AD requires replacement of the cargo fire extinguishing bottles with reworked fire extinguishing bottles, which ends the repetitive tests and CIC applications if applicable. This AD results from failure of the safety fittings for the cargo fire extinguishing bottles. We are issuing this AD to prevent failure of the safety fittings for the cargo fire extinguishing bottles due to corrosion, which could result in leakage of extinguishing agent. If a fire occurs in the cargo bay, the cargo fire extinguishing bottles could have less than enough extinguishing agent to control a fire.

DOT is updating its rule concerning Canadian charter air taxis to make the rule consistent with the 1995 U.S.-Canada bilateral aviation agreement. When promulgated in 1981, the rule comported with the 1974 U.S.-Canada bilateral aviation agreement governing non- scheduled air services. However, the rule has not been updated to reflect the more liberal 1995 bilateral. Consequently, the rule, in its current form, contains certain restrictions on Canadian charter air taxis that are contrary to the 1995 bilateral. This final rule eliminates or amends those provisions. It also makes several other technical changes to the rule and adds a provision making it clear that Canadian charter air taxis are exempt from the statutory requirement of foreign air carriers to file family assistance plans.

This action modifies the Class E airspace area at Half Moon Bay, CA. The establishment of an Area Navigation (RNAV) Global Positioning System (GPS) Z Instrument Approach Procedure (IAP) to Runway (RWY) 30 to Half Moon Bay Airport, Half Moon Bay, CA has made this action necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing this RNAV (GPS) ZIAP to RWY 30 at Half Moon Bay Airport. The intended effect of this action is to provide adequate controlled airspace for Instrument Flight Rules operations at Half Moon Bay Airport, Half Moon Bay, CA