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

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.

This document revises the list of vehicles not originally manufactured to conform to the Federal motor vehicle safety standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is contained in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2005, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.

This document makes a correction to the final rule published in the Federal Register on September 1, 2006 (71 FR 52250), which amends regulations for issuing airworthiness certificates to certain new aircraft manufactured in the United States. This action is necessary to add an amendment number to the headings section at the beginning of the final rule. This correction does not make substantive changes to the final rule.

The FAA is revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 747 airplanes. The original NPRM would have required repetitive tests to detect hot air leaking from the trim air diffuser ducts or sidewall riser duct assemblies (collectively referred to in this proposed AD as ``TADDs''), related investigative actions, and corrective actions if necessary. The original NPRM also would have provided an optional terminating action for the repetitive tests. The original NPRM resulted from reports of sealant deteriorating on the outside of the center wing fuel tank and analysis that sealant may deteriorate inside the tank due to excess heat from leaking TADDs. This action revises the original NPRM by referring to improved inspection procedures and extending the repetitive interval for certain related investigative actions. We are proposing this supplemental NPRM to prevent leakage of fuel or fuel vapors into areas where ignition sources may be present, which could result in a fire or explosion.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A300 B2, B4-100, and B4-200 series airplanes. The existing AD currently requires supplemental structural inspections to detect fatigue cracking, and repair of cracked structure. This proposed AD would require revising the maintenance program by incorporating new and revised supplemental structural inspections, inspection intervals, and repairs; and repair of any damaged, cracked, or corroded structure; which would end the existing supplement structural inspections. This proposed AD results from a review of service history and reports received from the current supplemental structural inspection document program. We are proposing this AD to prevent reduced structural integrity of these airplanes due to fatigue cracking.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A300 and A310 airplanes; and Model A300 B4- 600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes). This proposed AD would require replacing the pressure limiter of the parking brake system with a new or modified pressure limiter. This proposed AD results from a report indicating that failure of the parking brake system occurred on a Model A300-600 airplane. We are proposing this AD to prevent failure of the parking braking system and interference with emergency use of the brake pedals, which could lead to airplane collision with surrounding objects or departure from the runway.

The FAA is issuing this notice to advise the public that it has issued a ROD for the FEIS that evaluated a proposal to relocate the existing Panama City-Bay County International Airport (PFN) to a new site in western Bay County, Florida. The ROD provides final agency determination and approvals for those federal actions by the FAA necessary for the proposed relocation of PFN.

Under the provisions of Title 49, U.S.C. 47107(h)(2), notice is being given that the FAA is considering a request from the County of Lexington to waive the requirement that approximately 2.38acres of airport property, located at the Lexington County Airport, be used for aeronautical purposes.

The FMCSA announces that it is withdrawing its notice of an application for exemption upon the request of the applicant, FedEx Ground Package System, Inc. (FedEx).

FMCSA announces that it has published an opportunity to apply for FY2007 Border Enforcement Grant (BEG) funding on the grants.gov Web site. Section 4110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users established the BEG program. The program is a discretionary grant program that provides funding for border commercial motor vehicle (CMV) safety programs and related enforcement activities and projects. An entity or a State that shares a land border with another country is eligible to receive grant funding. To apply for funding, applicants must register online with the grants.gov Web site (https://www.grants.gov/applicants/get registered.jsp), and submit an application in accordance with instructions provided. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site.

The Board is seeking comments on the appropriate methodology to be employed in determining the railroad industry's estimated cost of capital to be used in future annual cost-of-capital determinations. We are also soliciting comments on how evidence should be submitted and analyzed in future cost-of-capital proceedings.

PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations based on petitions for rulemaking and PHMSA initiatives. These proposed amendments are intended to update, clarify or provide relief from certain regulatory requirements. Among other provisions, PHMSA is proposing a new proper shipping name and UN identification number for fuel mixtures composed of ethanol and gasoline to help emergency response personnel respond appropriately to incidents involving such fuel mixtures. In addition, PHMSA proposes to update certain incorporations by reference, revise and clarify certain hazard communication requirements, and clarify transportation requirements applicable to dry ice, detonator assemblies and explosives. PHMSA also proposes to provide expanded exceptions from regulation for household hazardous wastes and small amounts of materials used in pharmaceutical research.

The Board has approved the fourth quarter 2006 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2006 RCAF (Unadjusted) is 1.250. The fourth quarter 2006 RCAF (Adjusted) is 0.591. The fourth quarter 2006 RCAF-5 is 0.562.

This document withdraws the Notice of Proposed Rulemaking (NPRM) that sought comments on whether and, if so, how the Department should amend 14 CFR 399.84, its air-transportation price-advertising rule. As a matter of enforcement policy, the Department has long allowed limited exceptions to the strict terms of the rule. The NPRM called for comments on several options: Maintain the current practice with or without codifying all of its elements in the rule, enforce the rule as written, revise the rule to eliminate most or all requirements for airfare advertisements but to specify that consumers must be told the total price before any purchase is made, or eliminate the rule altogether. The Department has decided based on the comments that the public interest will best be served by maintaining the status quo.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for an extension of a currently approved information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 26, 2006. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 202: Portable Electronic Devices.

In accordance with the procedures governing the application for, and the processing of, special permits 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. This notice is abbreviated to expedite docketing and public notice. Because the section affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g., to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new applications have been separated from the new application for special permits to facilitate processing.

The FAA announces in this notice that the deadline for submitting requests for international Arrival Authorizations at Chicago O'Hare International Airport (ORD) for allocation under 14 CFR 93.29 is October 12, 2006. This date coincides with the deadline established by the International Air Transport Association (IATA) for the Schedule Coordination Conference for the Summer 2007 season. The FAA will allocate ORD international Arrival Authorizations for the period covering the U.S. Summer Scheduling Season in accordance with recent changes to the start and end dates of daylight saving time in the United States. The applicable period is March 11 through November 3, 2007. The FAA recognizes that these dates differ from the March 25 through October 27, 2007 period used by IATA for the Summer 2007 schedule. Therefore, for those carriers who previously submitted schedules to the FAA through March 24, 2007, as part of the Winter 2006 submission, resubmission is not necessary unless schedule information has changed because the FAA has acted on those submissions. Carriers also may choose to file initial summer schedules through October 27, 2007, the end of the IATA Northern Summer Scheduling Season, and submit the period October 28 through November 3, 2007, as part of winter schedules. Previously, the FAA designated Chicago's O'Hare International Airport (O'Hare) as a Level 2, Schedules Facilitated Airport under the IATA Guidelines. The FAA has changed the designation for O'Hare to Level 3 based on runway movement parameters under an August 29, 2006, final rule (71 FR 51382). Carriers are advised that this notice does not alter or change any coordination procedures conducted separately for O'Hare's Terminal 5 facilities. The IATA designation for those flights remains Level 2 and information on those submission requirements is available from IATA. Finally, the FAA notes that the High Density Rule slot limitations for John F. Kennedy International Airport (JFK) will not apply after January 1, 2007, in accordance with 49 U.S.C. Sec. 41715(a)(2). Consequently, the FAA determination for JFK under IATA guidelines has changed to Level 1. Carriers do not need to submit JFK schedules for slot approval.

On March 27, 2006, the FAA published a Notice of Intent to prepare a PEIS for Experimental Permits in the Federal Register (71 FR 15251). On May 9, 2006, the FAA published a Notice of Extension of scoping for the PEIS. The FAA has decided to extend the scoping period for the preparation of the PEIS to October 31, 2006. All comments received by October 31, 2006 will be considered in the preparation of the Draft PEIS.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model MD-11 and -11F airplanes. This proposed AD would require revising the maintenance inspection program that provides for inspection of principal structural elements (PSEs) and replacement of safe-life parts, to incorporate a new revision to the MD-11 Airworthiness Limitations Instructions. The revision would reduce inspection intervals for fatigue cracking of certain PSEs, and expand the inspection area for a certain other PSE. This proposed AD results from a revised damage tolerance analysis. We are proposing this AD to detect and correct fatigue cracking of certain PSEs, which could adversely affect the structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Raytheon Aircraft Company (RAC) Model B300 airplanes. This AD requires you to modify the cabin passenger seats by installing a modification kit on each passenger seat, removing the existing technical standard order (TSO) label, and re-identifying each modified passenger seat assembly with a new part number. This AD results from the seats not meeting the ultimate load requirements of 14 CFR part 23 during structural testing of the seat with design changes. We are issuing this AD to prevent the passenger seats from failing during emergency landing conditions when high inertial loadings occur. Passenger seat failure may result in occupant injury.

The FAA is adopting a new airworthiness directive (AD) for certain Stemme GmbH & Co. KG Model STEMME S10-VT sailplanes. This AD requires you to do a one-time inspection of all exhaust bends (each cylinder 1 to 4) in the area of the curvature bend near the cylinder flange, replace any damaged exhaust pipes found, and recondition the heat protection wrapping. This AD results from deformations and cracks found at an exhaust bend during maintenance work. We are issuing this AD to detect and correct cracks in the exhaust pipes. Damaged exhaust pipes could cause exhaust gases to expand into the engine compartment and/or carbon monoxide (CO) to leak into the cockpit section.