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

FMCSA announces that Volvo Trucks North America, Inc. (Volvo) has applied for an exemption from the Federal requirement for drivers of commercial motor vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo requests that the exemption cover seven Swedish engineers and technicians who will test-drive CMVs for Volvo within the United States. All seven Volvo employees hold a valid Swedish CDL. Volvo states the exemption is needed to support a Volvo field test to meet future air quality standards, and to test-drive Volvo prototype vehicles to verify results in ``real world'' environments. Volvo believes the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensures the exemption would provide a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirements for a CDL.

This notice announces the availability of the Federal Transit Administration's (FTA) Final Interim Guidance and Instructions for Small Starts which was initially issued for comment on June 6, 2006. This Guidance describes the eligibility, evaluation, and project development procedures for projects seeking Small Starts funding, as well as the information required from project sponsors to evaluate and rate a project for the purpose of project advancement or a funding recommendation. FTA is in the process of broader rulemaking on its major capital investments program, but the Interim Guidance and Instructions will allow projects into project development. The document will also enable FTA to evaluate and rate projects as part of the Annual New Starts Report and make funding recommendations prior to completion of the broader rulemaking process. For a Small Starts project to be included in the FY2008 Annual New Starts Report and considered for a funding recommendation, project information must be received by FTA by September 15, 2006 and any response to FTA comments on the submittal must be completed by October 15, 2006.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2004 Mercedes Benz Maybach passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain EMBRAER Model ERJ 170 airplanes. The proposed AD would have required performing a one-time inspection for proper crimping of the terminal lugs for the power cables of each integrated drive generator (IDG), installing a new sleeve on the terminal, and re-crimping if necessary. Since the proposed AD was issued, we have received new data from the manufacturer that the proposed actions have been done on all affected airplanes. Accordingly, the proposed AD is withdrawn.

This document revises an earlier proposed airworthiness directive (AD), applicable to all Airbus Model A330, A340-200, and A340-300 series airplanes. The original NPRM would have required repetitive inspections for discrepancies of the grease and gear teeth of the radial variable differential transducer of the nose wheel steering gearbox; or repetitive inspections for damage of the chrome on the bearing surface of the nose landing gear (NLG) main fitting barrel; as applicable. And, for airplanes with any discrepancy or damage, the original NPRM would have required an additional inspection or corrective actions. This new action revises the proposed rule by adding a terminating action and removing certain airplanes from the applicability. The actions specified by this new proposed AD are intended to prevent incorrect operation or jamming of the nose wheel steering, which could cause reduced controllability of the airplane on the ground. This action is intended to address the identified unsafe condition.

On December 9, 2005, PHMSA published a final rule to revise terminology, definitions, and requirements for consistency with the Hazardous Materials Safety and Security Reauthorization Act of 2005. These amendments included revising the definitions of ``hazmat employee'' and ``hazmat employer''; modifying shipping paper retention requirements; providing a security plan exception for farmers; and replacing the term ``Exemption'' with ``Special permit.'' This final rule corrects an error in the final rule. In addition, we are clarifying the amendments applicable to shipping paper retention requirements, the definition of ``hazmat employer,'' and the transition from ``Exemption'' to ``Special permit.''

The FAA is adopting a new airworthiness directive (AD) for certain Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires an inspection of the locking bolt of the upper attachment pin of the shock absorber on both main landing gears (MLGs) for the correct installation of the locking bolt and for any missing locking bolt, washer, nut, cotter pin, or compound, and applicable corrective action if necessary. This AD results from a report of migration and subsequent rupture of the attachment pin of the shock absorber of a MLG. We are issuing this AD to prevent failure of a MLG, which could result in significant structural damage to the airplane and possible injury to the occupants.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 15, 2006, Vol. 71, No. 50, page 13446. Wildlife strike data are collected to develop standards and monitor hazards to aviation. Data identify wildlife strike control requirements and provide in service data on aircraft component failure.

The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. The collection of information is necessary for gathering data concerning potential new hires for the FAA. The information will be used to evaluate the qualifications of applicants for a variety of positions.

In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or 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.

These special conditions are issued to Aero Propulsion, Inc., for the Piper Model PA28-236 airplanes with a Societe de Motorisation Aeronautiques (SMA) Model SR305-230 Aircraft Diesel Engine (ADE). This airplane will have a novel or unusual design feature(s) associated with the installation of a diesel cycle engine utilizing turbine (jet) fuel. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for installation of this new technology engine. These 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.

These special conditions are issued for the Cessna Aircraft Company, Model 510 airplane. This new airplane will have novel and unusual design features not typically associated with normal, utility, acrobatic, and commuter category airplanes. These design features include turbofan engines and engine location, for which the applicable regulations do not contain adequate or appropriate airworthiness standards. These special conditions contain the additional airworthiness standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

In the final rule, Certification and Operation Rules for Certain Large Airplanes, which the FAA published in the Federal Register on October 9, 1980, the FAA revoked part 123, effective January 1, 1983. However, references to part 123 remain in part 43. The purpose of this action is to remove those references. In addition, we are taking this opportunity to make some minor editorial corrections to part 43.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended) this notice announces the Department of Transportation's (DOT) intention to request an extension of a currently approved information collection. Before submitting this information collection to OMB for renewal, DOT is soliciting comments on whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of collection of information on respondents, including the use of automated collection techniques or other forms of information technology.

The Federal Aviation Administration (FAA) announces the availability of a Draft Written Reevaluation of environmental impacts of a proposed centerfield taxiway at Boston-Logan International Airport, Boston, Massachusetts. FAA also announces that it will consider comments on the Draft Written Reevaluation until August 21, 2006.

This document confirms the effective date of the direct final rule which revises Class E airspace at Wellington, KS.

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 a proposed highway project, U.S. Route 823 (the Portsmouth Bypass), from Lucasville in Scioto county to near Sciotodale in Scioto county in the State of Ohio. Those actions grant licenses, permits, and approvals for the project.

This document adopts fees for Fiscal Year (FY) 2007 and until further notice, as authorized by 49 U.S.C. 30141, relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal Motor Vehicle Safety Standards (FMVSS). These fees are needed to maintain the registered importer (RI) program. We are decreasing the fees for the registration of a new RI from $830 to $677 and the annual fee for renewing an existing registration from $745 to $570. These fees include the costs of maintaining the RI program. The fee required to reimburse the U.S. Department of Homeland Security (Customs) for conformance bond processing costs will increase from $9.30 to $9.77 per bond. We are also increasing the fees assessed against the importer of each vehicle covered by the decision to grant import eligibility. For vehicles determined eligible based on their substantial similarity to a U.S. certified vehicle, the fee is increased from $150 to $208. For vehicles determined eligible based on their capability of being modified to comply with all applicable FMVSS, the fee is increased from $150 to $208. In the event that a petitioner requests an inspection of a vehicle, the fee for such an inspection will remain $827 for vehicles that are the subject of either type of petition. The fee that an RI must pay as a processing cost for review of each conformity package that it submits to NHTSA will decrease to $13 from $18 per certificate. If the vehicle has been entered electronically with Customs through the Automated Broker Interface (ABI) and the registered importer has an e-mail address, the fee for processing the conformity package will continue to be $6, provided the fee is paid by credit card. However, if NHTSA finds that the information in the entry or the conformity package is incorrect, the processing fee will be $48, representing no change from the fee that is currently charged when there are one or more errors in the ABI entry or omissions in the statement of conformity.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas airplanes, identified above. This AD requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

The Surface Transportation Board has instituted a proceeding to seek public comments on proposed changes to revise and clarify its guidelines for deciding small rate cases. In particular, the Board proposes to: create a simplified stand-alone cost (Simplified-SAC) method to be used in medium-size rate disputes for which a full stand- alone cost (Full-SAC) presentation would be too costly, given the value of the case; retain the Three-Benchmark method for small rate disputes for which a Simplified-SAC presentation would be too costly; and establish eligibility presumptions to distinguish between large, medium-size, and small rail rate disputes. These changes are intended to advance Congress' mandate to ``establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full SAC presentation is too costly, given the value of the case.'' 49 U.S.C. 10701(d)(3).