Department of Transportation 2006 – Federal Register Recent Federal Regulation Documents
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Establishment of Emergency Relief Dockets and Procedures for Handling Petitions for Emergency Waiver of Safety Regulations
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.
Notice of a Proposed Change in Monitor Status of Air Navigational Aids at Two Airports
The Federal Aviation Administration (FAA) is requesting public comment on a proposal to change the monitor status of air navigational aids (NAVAIDS) at two (2) airports. The NAVAIDS are currently monitored by Automated Flight Service Stations (AFSS) in Florida and Wyoming that were formerly operated by the FAA. Since October 4, 2005 these AFSS sites have been operating under a Federal Contract with Lockheed Martin Corporation. During the early stages of the contracting process, the FAA determined that monitoring of NAVAIDS was not part of the mission of flight service stations and therefore was not included in the contract. Neither of the NAVAIDS are part of a published instrument approach into an airport. The proposed time for the NAVAIDS to become unmonitored is 30 days prior to the date the respective AFSS site closes for consolidation into a Lockheed Martin FS-21 site. The Non-Directional Beacons (NDB) that are proposed to become unmonitored are: Antelope (AOP) NDB, Rock Springs, Wyoming; and Vero Beach (VEP) NDB, Vero Beach, Florida.
Senior Executive Service Performance Review Boards Membership
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).
Application of Partner Aviation Enterprises D/B/A Empire Airways for Commuter Air Carrier Authorization
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Partner Aviation Enterprises d/b/a Empire Airways fit, willing, and able, and awarding it a commuter air carrier authorization to engage in scheduled passenger air transportation as a commuter air carrier.
Notice of Limitation on Claims Against Proposed Public Transportation Projects; Correction
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.
Airworthiness Directives; MD Helicopters, Inc. Model MD900 Helicopters
This amendment supersedes an existing airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model MD900 helicopters, that currently requires reducing the life limit of certain Notar fan system tension-torsion (TT) straps. That existing AD also requires, at a specified time interval, removing each affected TT strap from the helicopter, doing a visual and X-ray inspection, and replacing any unairworthy part before further flight. This amendment requires the same actions as the existing AD, but also requires revising the life limit on the component history card or equivalent record and doing repetitive visual and X-ray inspections, and removes reporting requirements. This amendment is prompted by two in-flight TT strap failures. The actions specified by this AD are intended to prevent failure of a TT strap, loss of directional control, and subsequent loss of control of the helicopter.
Federal Motor Vehicle Safety Standards; Occupant Protection in Interior Impact
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.
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
Under the current version of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, vehicles that are manufactured on or after September 1, 2006, are certified to the suppression requirements and have a child restraint anchorage system, commonly referred to as a Lower Anchors and Tethers for Children or ``LATCH'' system, in the right front passenger seating position must suppress the air bag for that position when a child restraint is installed at that position with the LATCH system. However, the standard does not yet specify detailed procedures for installing that type of child restraint in order to conduct the suppression test. In a notice of proposed rulemaking (NPRM) published May 19, 2005, NHTSA proposed the needed installation procedures and proposed an effective date for the final rule following the NPRM. The agency anticipated in the NPRM that a final rule would be issued by September 1, 2006, that provided sufficient leadtime for vehicles to meet the suppression requirements with LATCH-equipped child restraints. Because we have not completed our response to the comments to the NPRM, this final rule delays, for one year, the compliance date of the requirement for vehicles to meet the air bag suppression requirement with LATCH-equipped child restraints. This delay allows us additional time to publish our final action on the rulemaking.
Hazardous Materials: Aluminum Cylinders Manufactured of Aluminum Alloy 6351-T6 Used in SCUBA, SCBA, and Oxygen Services-Revised Requalification and Use Criteria
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.
National Resource Center for Human Service Transportation Coordination; Solicitation for Proposals
This solicitation is for proposals from national non-profit organizations with transportation coordination and technical assistance expertise for a cooperative agreement to develop and implement a National Resource Center for Human Service Transportation Coordination (NRC). The NCR will manage a program to improve and enhance the coordination of Federal resources for human service transportation with those of the Department of Transportation (DOT). The major goal of the NRC is to assist local communities and States in the expansion and provision of coordinated human service transportation for older adults, people with disabilities, and individuals with lower incomes. Federal Transit Administration (FTA) will award one four year agreement. Year one of the cooperative agreement is for one million, five hundred eighty-four thousand dollars ($1,584,000) as authorized in the Safe, Accountable, Flexible, and Efficient Transportation Equity ActA Legacy for Users (SAFETEA-LU) and subsequently appropriated. Funding for subsequent years will be based on annual appropriations as well as annual performance reviews.
Charter Service Negotiated Rulemaking Advisory Committee
This notice lists the location and time of the next Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) meeting.
Congestion Management Rule for LaGuardia Airport
The FAA is proposing a rule to address the potential for increased congestion and delay at New York's LaGuardia Airport (LaGuardia) when the High Density Rule (HDR) expires there on January 1, 2007. The rule, if adopted, would establish an operational limit on the number of aircraft landing and taking off at the airport. To offset the effect of this limit, the proposed rule would increase utilization of the airport by encouraging the use of larger aircraft through implementing an airport-wide, average aircraft size requirement designed to increase the number of passengers that may use the airport within the overall proposed operational limits.
Amendment to Class D Airspace; Provo, UT
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.
Amendment to Class E Airspace; Provo, UT
This action corrects an error in the airport reference point (ARP) for Provo Municipal Airport, Provo, UT, in the final rule that was published in the Federal Register on August 1, 2006, (71 FR 43355), Docket No. FAA-2006-24234; Airspace Docket No. 06-AWP-5. In addition, corrections are made to change FAA Order 7400.9O to FAA Order 7400.9N, amending its date in two references to September 1, 2005, effective September 15, 2005; and make two editorial changes, replacing the word attends with amends in the Summary, and Class D to Class E in the legal description.
Congestion and Delay Reduction at Chicago O'Hare International 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.
SS II of America, Inc.; Receipt of Application for a Temporary Exemption From the Air Bag Requirements of FMVSS No. 208
In accordance with the procedures in 49 CFR part 555, SS II of America, Inc. (SS II) has petitioned the agency for a temporary exemption from the air bag requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the next meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics include opening remarks from the FRA Administrator, the private crossing safety inquiry, electronically controlled pneumatic brakes, a summary of the Collision Analysis Working Group Final Report, an update on Remote Control Locomotive training efforts, and a status report on the Notice of Proposed Rulemaking on Railroad Operating Rules. Status reports will be given on the Passenger Safety, Roadway Worker, Continuous Welded Rail, and Locomotive Standards working groups. The Committee may possibly be asked to vote to accept a task on medical standards. This agenda is subject to change, and may include briefings on railroad security and other issues.
Announcement of Application Procedure and Deadlines for the Truck Parking Initiative
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.
YES! Sportscars; Receipt of Application for a Temporary Exemption From the Advanced Air Bag Requirements of FMVSS No. 208
In accordance with the procedures in 49 CFR part 555, YES! Sportscars has petitioned the agency for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\
Enforcement of Operating Authority Requirements
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.
Koenigsegg Automotive AB; Receipt of Application for a Temporary Exemption From Headlamp Requirements of FMVSS No. 108; Advanced Air Bag Requirements of FMVSS No. 208; and Bumper Standard of Part 581
In accordance with the procedures in 49 CFR part 555, Koenigsegg Automotive AB (``Koenigsegg'') has petitioned the agency for a temporary exemption from certain head lighting requirements of FMVSS No. 108, advanced air bag requirements of FMVSS No. 208, and bumper standard requirements of 49 CFR part 581. The basis for the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard.\1\
Qualification of Drivers; Exemption Applications; Vision
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.
Notice Before Waiver With Respect to Land at Raleigh County Memorial Airport, Beckley, WV
The FAA is publishing notice of proposed release of 31.413 acres of land at the Raleigh County Memorial Airport, Beckley, West Virginia to the Raleigh County Airport Authority and the Raleigh County Commission for the development of an industrial park. There are no impacts to the Airport and the land is not needed for airport development as shown on the Airport Layout Plan. Fair Market Value of the land will be paid to the Raleigh County Airport and the Raleigh County Commission, and used for Airport purposes.
First Meeting, Special Committee 212, Helicopter Terrain Awareness and Warning System (HTWAS)
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).
Notice of Additional Comment Period on Draft Written Reevaluation
The Federal Aviation Administration (FAA) announces an additional comment period, closing on September 22, 2006, for a Draft Written Reevaluation of environmental impacts of a proposed centerfield taxiway at Boston-Logan International Airport, Boston, Massachusetts.
Notice of Opportunity for Public Comment on Grant Acquired Property Release at Mount Pleasant Regional Airport, Mount Pleasant, SC
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.
Pre-Trip Safety Information for Motorcoach Passengers
FMCSA seeks comments on its proposed plan to implement National Transportation Safety Board (NTSB) recommendations for providing pre-trip safety information to motorcoach passengers. The NTSB recommends that the agency require, and develop minimum guidelines for, pre-trip safety information to be provided by motorcoach companies to passengers. FMCSA, in conjunction with stakeholders, has developed a basic plan for all motorcoach companies to implement a passenger safety awareness program. FMCSA proposes a flexible plan that would approve several methods of informing motorcoach passengers using visual and/or audio presentation, with or without technology assistance. FMCSA seeks motorcoach industry and stakeholder input in finalizing the plan. The goal of this initiative is to develop, and encourage adoption of, passenger safety awareness guidelines suited for diverse motorcoach operational types.
Event Data Recorders
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.
Petitions for Exemption; Summary of Petitions Received
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.
CSX Transportation, Inc., Norfolk Southern Railway Company, and Consolidated Rail Corporation-Joint Use and Operation Exemption
On August 8, 2006, CSX Transportation, Inc. (CSXT), Norfolk Southern Railway Company (NSR), and Consolidated Rail Corporation (Conrail) (collectively, petitioners), jointly filed a petition for exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 11323-25 for petitioners to provide for the joint use and joint rail freight operations over 7.69 miles of abandoned rail line of the former Staten Island Railway Corporation \1\ in New York and New Jersey lying generally between the Conrail Chemical Coast Line and points on Staten Island, NY. The line consists of two segments as follows: (a) The North Shore Line between the end of track at milepost 4.6 at Union Avenue east of Arlington Yard, Richmond County, NY, and milepost 7.4, via the Chemical Coast Connector, at the proposed point of switch at the connection between the Chemical Coast Connector and Conrail's Chemical Coast Line in Union County, NJ, a distance of 2.8 miles, and (b) the Travis Branch between milepost 0.00 Arlington Yard Station and milepost 4.41 in Richmond County, a distance of 4.41 miles. Included within the North Shore Line segment are all tracks in Arlington Yard together with lead tracks on both the east and west ends of the yard, the so-called Wye Connector, that provides a direct connection to the Travis Branch from the North Shore Line and a track designated as the Travis Lead that provides a connection to and from the Travis Branch to the east end of Arlington Yard.\2\
Airworthiness Directives; McDonnell Douglas Model DC-10-10 and DC-10-10F Airplanes; and Model MD-10-10F Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model DC-10-10 and DC-10-10F airplanes; and Model MD-10-10F airplanes. This AD requires replacing the clamp bases for the fuel vent pipe with improved clamp bases. This AD results from reports that the foil wrapping on existing plastic clamp bases has migrated out of position, which compromises the bonding of the fuel vent pipes to the airplane structure. We are issuing this AD to ensure that the fuel vent pipes are properly bonded to the airplane structure. Improper bonding could prevent electrical energy from a lightning strike from dissipating to the airplane structure, and create an ignition source, which could result in a fuel tank explosion.
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires a one- time detailed inspection to detect corrosion on the wing rear spar lower girder, and related investigative and applicable corrective actions if necessary. This AD results from reports of corrosion of the wing rear spar lower girder between wing station (STA) 8700 and wing STA 9200. We are issuing this AD to detect and correct corrosion of the wing rear spar lower girder, which could result in reduced structural integrity of the wing rear spar.
Airworthiness Directives; Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 Series Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series airplanes. This AD requires inspecting the left and right control column torque tube assemblies to determine the type of rivets installed and replacing incorrect or indeterminate type rivets with the correct type rivets. This AD results from a report that incorrect rivets having lower than required strength were installed on the control column torque tube during production. We are issuing this AD to prevent shear failure of control column torque tube rivets, which could cause unexpected decoupling of the elevators and large unwanted deflection of the free elevator, and consequent reduced controllability of the airplane.
Notice of Availability of the Record of Decision for the Final Environmental Impact Statement, St. George Replacement Airport, St. George, Washington County, UT
The Federal Aviation Administration (FAA) has completed and is making publicly available its Record of Decision (ROD) for the Final Environmental Impact Statement (FEIS) containing a DOT Section 4(f)/ 303(c) Evaluation of a Proposed Replacement Airport for the City of St. George, Utah, Washington County, Utah.
Proposed Revision of Class E Airspace; Sheridan, WY
This proposal would revise Class E airspace at Sheridan, WY. Additional controlled airspace is necessary to accommodate airspace using the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Sheridan County Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Sheridan County Airport.
Standard Instrument Approach Procedures; Miscellaneous Amendments
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.
Licensing and Safety Requirements for Launch
This final rule amends commercial space transportation regulations governing the launch of expendable launch vehicles. This action is necessary to codify current launch practices at Federal launch ranges and codify rules for launches from a non-Federal launch site. These safety requirements currently apply to a launch operator through its FAA license. The intended effect of this action is to ensure that the public continues to be protected from the hazards of launch from either a Federal launch range or a non-Federal launch site.
Annual Materials Report on New Bridge Construction and Bridge Rehabilitation
This document corrects a typographical error in the FHWA's notice published on August 17, 2006, at 71 FR 47558. The notice announced the availability of a report describing construction materials used in new Federal-aid bridge construction and bridge rehabilitation projects as required by 23 U.S.C. 144(r).
Agency Information Collection Activities: Request for Comments for New Information Collection
The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 19, 2006. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Registration of Brokers and Freight Forwarders of Non-Household Goods
Section 4142 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which was enacted into law August 10, 2005, authorizes the Secretary of Transportation (Secretary) to register brokers and freight forwarders of non-household goods (otherwise known as general commodities brokers and freight forwarders) if the Secretary finds that such registration is needed for the protection of shippers. FMCSA, which has been delegated authority to exercise the Secretary's functions and activities regarding broker and freight forwarder registration, is making a finding that registration of brokers and freight forwarders of non-household goods is needed for the protection of shippers. Accordingly, the Agency will continue to register all general commodities brokers and freight forwarders subject to its jurisdiction.
Special Conditions: Avcon Industries, Inc.; Learjet Model 23 Series Airplanes; High-Intensity Radiated Fields (HIRF)
These special conditions are issued to Avcon Industries, Inc., for the Learjet Model 23 series airplanes modified by Avcon Industries, Inc. This airplane as modified by Avcon Industries, Inc., will have a novel or unusual design feature associated with the installation of a new Reduced Vertical Separation Minimum (RVSM) air data system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). 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.
Printing and Distribution Changes for Airworthiness Directives and Special Airworthiness Information Bulletins
This notice announces the FAA's planned policy changes in the printing and distribution of airworthiness directives (AD) and special airworthiness information bulletins (SAIB). This planned change in policy is part of our transition to full electronic distribution of ADs and SAIBs.
Sixth Meeting: RTCA Special Committee 206: Aeronautical Information Services Data Link
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 206: Aeronautical Information Services Data Link.
Eighth Meeting: RTCA Special Committee 207/Airport Security Access Control Systems
The FAA is issuing this notice to advise the public of a meeting RTCA Special Committee 207, Airport Security Access Control Systems.
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