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

This final rule revises the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. These revisions will harmonize the Hazardous Materials Regulations with certain recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.

This advisory reminds operators of the need for vigilance in providing security at liquefied natural gas (LNG) facilities. PHMSA's pipeline safety regulations require operators to implement security measures that deter intruders at LNG terminals, facilities, and peak- shaving plants. This Advisory Bulletin reinforces the importance of effectively implementing and thoroughly testing security procedures and systems.

PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2007.

The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This proposed AD would require inspecting the carbon-fiber reinforced plastic (CFRP) main landing gear (MLG) door to determine whether certain part numbers are installed. For airplanes having certain doors, this proposed AD would require inspecting the MLG outboard door for cracks, play, and loose sealant/bolts/nuts, and related investigative and corrective actions if necessary. This proposed AD would also require, for airplanes having certain doors, modifying the rod bracket attachment of the MLG outboard door. This proposed AD results from a report of a rod bracket of the MLG door detaching during flight. We are proposing this AD to detect and correct cracks in the rod bracket attachment bolts, which could result in the rod brackets detaching from the MLG door and blocking the proper functioning of the MLG.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 airplanes. This proposed AD would require installing spacer assemblies at the attachment points of the YZ-latches of the cargo loading system in the forward and aft cargo compartments, as applicable. This proposed AD results from tests that have shown that the attachment points of the YZ-latches of the cargo loading system fail under maximum loads. We are proposing this AD to prevent failure of the attachment points of the YZ-latches, which could result in unrestrained cargo causing damage to the fire protection system, hydraulic system, electrical wiring, or other equipment located in the forward and aft cargo compartments. This damage could adversely affect the continued safe flight of the airplane.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Bombardier Model CL-600-2B16 (CL-604) airplanes and Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. These models may be referred to by their marketing designations as RJ100, RJ200, RJ440, CRJ100, CRJ200, CRJ440, and CL-65. The original NPRM would have superseded an existing AD that currently requires revising the Emergency Procedures section of the airplane flight manual (AFM) to advise the flightcrew of additional procedures to follow in the event of stabilizer trim runaway. The existing AD also requires revising the Abnormal Procedures section of the AFM to advise the flightcrew of procedures to follow in the event of MACH TRIM, STAB TRIM, and horizontal stabilizer trim malfunctions. The existing AD also requires revising the Normal section of the AFM to require a review of the location of certain circuit breakers and a functional check of the stabilizer trim system. In addition, the existing AD requires installing circuit breaker identification collars and provides an optional terminating action for the requirements of the AD. The original NPRM proposed to require doing the previously optional terminating action (installation of a new horizontal stabilizer trim control unit). The original NPRM resulted from a determination that the terminating action is necessary to address reports of uncommanded horizontal stabilizer trim motion. This new action revises the original NPRM by not allowing the removal of applicable temporary revisions (TRs) to the Emergency and Abnormal Procedures sections of the AFM and by adding the proposed requirement for certain airplanes to re-insert the applicable TRs of the Emergency and Abnormal Procedures sections of the AFM under certain conditions. We are proposing this supplemental NPRM to prevent horizontal stabilizer trim uncommanded motion, which could result in reduced controllability of the airplane.

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.

This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying the Class E airspace area at Creston Municipal Airport, IA. An examination of controlled airspace for Creston, IA, revealed discrepancies in the legal description for the Class E airspace area. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft executing Standard Instrument Approach Procedures (SIAP) to Creston Municipal Airport.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Model A330 and A340 airplanes. This proposed AD would require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness by incorporating new and revised certification maintenance requirements (CMRs). This proposed AD results from the manufacturer's determination that additional and revised CMRs are necessary in order to ensure continued operational safety of the affected airplanes. We are proposing this AD to prevent safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition.

The FAA is adopting a new airworthiness directive (AD) for certain EMBRAER Model EMB-145XR airplanes. This AD requires replacement of certain segments of the passenger seat tracks with new, improved seat tracks. This AD results from instances where the shear plungers of the passenger seat legs were not adequately fastened. We are issuing this AD to prevent inadequate fastening of the seat leg shear plungers, which could result in failure of the passenger seat tracks during emergency landing conditions and consequent injury to passengers.

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.

On September 11, 2006, the FAA issued a proposed order, which requested written views on the FAA's tentative determination to place temporary limitations on flight operations at New York's LaGuardia Airport (LaGuardia). The temporary limits are intended to prevent the congestion-related delays that would otherwise occur during the interval between the expiration of the High Density Rule and the effective date of a long-term regulation. In response to comments, the FAA is issuing a final order (the Order) that adopts the proposed limitations with some modifications. The limitations will permit 75 scheduled and six unscheduled operations per hour between 6 a.m. through 9:59 p.m., Eastern time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, on Sundays.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 159: Global Positioning System.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD would require repetitive inspections of the bolts that attach the exhaust nozzle to the aft engine flange to determine if any bolts are missing or fractured, and replacement of the existing bolts with new, improved bolts. This proposed AD results from reports of the engine exhaust nozzle and fairing departing from the airplane in flight due to missing attachment bolts. We are proposing this AD to detect and correct missing or fractured attachment bolts, which could lead to the loss of an engine exhaust nozzle during flight and consequent structural damage to the airplane and hazard to people or property on the ground. Damage to the airplane could cause the airplane to yaw and result in reduced controllability of the airplane.

In this final rule, the Federal Railroad Administration is revising its regulations to reflect revisions to the penalty provisions in the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005 (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005. We are also revising baseline assessments for several categories of violations, including those related to training and security plans, in our Civil Penalty Assessment Guidelines. We publish our Guidelines in order to provide the regulated community and the general public with information on the hazardous materials civil penalty assessment process for violations related to the transportation of hazardous materials by rail.

The Board has approved the first quarter 2007 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2007 RCAF (Unadjusted) is 1.208. The first quarter 2007 RCAF (Adjusted) is 0.568. The first quarter 2007 RCAF-5 is 0.540.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: ``incidences have been reported to Britten-Norman Aircraft Ltd where cracks have been found in the inner shell of the pitot/static pressure heads. This could result in incorrect readings on the pressure instrumentation, e.g. altimeters, vertical speed indicators (rate-of-climb) and airspeed indicators.'' The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

This notice invites State and local governments and other public authorities to apply to participate in the Value Pricing Pilot (VPP) program and presents guidelines for program applications. This notice supersedes two previous notices about the VPP program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) published in the Federal Register on January 6, 2006 (71 FR 970), and July 17, 2006 (71 FR 40578). The primary purpose of superseding the previous notices with this new notice is to shift the focus on the types of VPP program projects being solicited to achieve consistency with the U.S. Department of Transportation's (DOT) National Strategy to Reduce Congestion on America's Transportation Network (DOT Congestion Initiative), announced on May 16, 2006.\1\ This national strategy contains a number of elements that involve pricing, thus warranting a reconsideration of the types of projects solicited for VPP program participation. This solicitation aligns the VPP program with the DOT Congestion Initiative by together seeking to support metropolitan areas in systemically progressing toward implementation of broad congestion pricing strategies in the near term. This notice also describes the statutory basis for the VPP program and specifies all of the steps necessary to apply for funding and, where applicable, tolling authority under the program. A new application deadline is also provided.