Department of Transportation 2006 – Federal Register Recent Federal Regulation Documents

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport designated aeronautical use to non-aeronautical use and authorize the release of approximately 70.463 acres of airport property. Approximately 69.903 acres of the property will be used as dedicated road right-of-way associated with Phase 1B of the Alum Creek Drive Extension to Franklin County for public transportation purposes. The remaining 0.56 acres of land will be used for land exchange with South Central Power Company. A small portion of the land is currently developed with existing roadways and four existing structures that formerly supported military base activities. The parcel was acquired by the Rickenbacker Port Authority through three agreements (Quitclaim Deeds) dated March 30, 1984, September 22, 2003 and May 16, 2005 from the United States of America. There are no impacts to the airport by allowing the airport to dispose of the property. The roadways currently support civilian airport activities. The present condition of the existing roadway pavements varies from poor to excellent. The present condition of the four existing structures are: Building 904Sanitary sewer lift station for military cantonment area is currently in use, is in fair condition and will remain in use; Building 905 (Warehouse/Tank Control)not in use, to be demolished; Building 906 (Warehouse Tank port)Not in use, to be demolished; Building 812 (Former Base Exchange)Not in use, to be demolished. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the City of Portland under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR part 150. These findings are made in recognition of the description of federal and non- federal responsibilities in Senate Report No. 96-51 (1980). On September 9, 2005, the FAA determined that the noise exposure maps submitted by the City of Portland under part 150 were in compliance with applicable requirements. On March 8, 2006, the Acting Associate Administrator approved the Portland International Jetport noise compatibility program. All 13 of the proposed program elements were approved.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

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.

In an earlier notice of proposed amendments (NPA), the FHWA proposed to amend the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) to include methods to maintain traffic sign retroreflectivity. Based on the review and analysis of the numerous comments received in response to the NPA, the FHWA has decided to substantially revise the proposed amendments to the MUTCD and, as a result, is issuing this SNPA. With this SNPA, the FHWA proposes to amend the MUTCD to include a standard for minimum maintained levels of traffic sign retroreflectivity and methods to maintain traffic sign retroreflectivity at or above these levels.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A319-100 and A320-200 series airplanes, and Model A320-111 airplanes. This AD requires modifying the wiring to the fuel pump control of the center fuel tank. This AD results from reports that the low-pressure warning for the fuel pumps of the center fuel tank has come on in flight. We are issuing this AD to ensure that the fuel pumps do not run while dry, which could result in a potential ignition source inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 747 airplanes. This AD requires the following actions for the drive mechanism of the horizontal stabilizer: Repetitive detailed inspections for discrepancies and loose ball bearings; repetitive lubrication of the ballnut and ballscrew; repetitive measurements of the freeplay between the ballnut and the ballscrew; and corrective action if necessary. This AD results from a report of extensive corrosion of a ballscrew in the drive mechanism of the horizontal stabilizer on a similar airplane model. We are issuing this AD to prevent an undetected failure of the primary load path for the ballscrew in the horizontal stabilizer and subsequent wear and failure of the secondary load path, which could lead to loss of control of the horizontal stabilizer and consequent loss of control of the airplane.

The Federal Aviation Administration (FAA), in cooperation with the United States Air Force (USAF), prepared an Environmental Assessment (EA) to evaluate the Oklahoma Space Industry Development Authority (OSIDA) proposal to operate a commercial launch facility at the Clinton-Sherman Industrial Airpark (CSIA) located adjacent to the town of Burns Flat, Oklahoma. The EA evaluated the potential environmental impacts of launches of three types of horizontally launched suborbital vehicles (Concept X, Concept Y, and Concept Z) proposed to be launched from the CSIA. The EA also evaluated the transfer of ownership of the CSIA from the City of Clinton to OSIDA. After reviewing and analyzing currently available data and information on existing conditions, project impacts, and measures to mitigate those impacts, the FAA, Office of Commercial Space Transportation (AST) has determined that issuing a launch site operator license to OSDIA for the CSIA would not significantly affect the quality of the human environment within the meaning of the National Environmental Policy Act (NEPA). The FAA also determined that the transfer of ownership of the CSIA from Clinton, Oklahoma to OSIDA would not significantly affect the quality of the human environment within the meaning of NEPA. Therefore the preparation of an Environmental Impact Statement (EIS) is not required and AST is issuing a Finding of No Significant Impact (FONSI). The FAA made this determination in accordance with all applicable environmental laws. For a Copy of the Environmental Assessment: Visit one of the following Internet addresses: https://www.okspaceporteis.com or https:// ast.faa.gov, or contact Mr. Doug Graham, FAA Environmental Specialist, 800 Independence Avenue, SW., Room 331, Washington, DC 20591. You may also send e-mail requests to doug.graham@faa.gov or via telephone (202) 267-8568.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This proposed AD would require testing the electrical resistance of the bond between the bulkhead fitting for the fuel feed line and the front spar of the left and right wings, inspecting an adjacent bonding jumper to make sure it is installed correctly, and performing corrective and other specified actions as applicable. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent arcing or sparking in the fuel tank in the event of a lightning strike, which could result in an uncontrolled fire or explosion.

The Coast Guard and the Maritime Administration (MARAD) announce that they have received an application for the licensing of a natural gas deepwater port, and that the application appears to contain the required information. This notice summarizes the applicant's plans and the procedures that will be followed in considering the application.

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, a discussion panel on lessons learned during the ten years RSAC has existed, and the report on the Safety of Remote Control Locomotive Operations. Status reports will be given on the Passenger Safety, Roadway Worker, Continuous Welded Rail, and Locomotive Standards working groups. The Committee will be asked to vote to accept a task on railroad security.

The FAA's Aircraft Certification Service publishes proposed non-regulatory documents that are available for public comment on the Internet at https://www.faa.gov/aircraft/draftdocs/.

The Department is seeking additional comments on our proposal to clarify policies that it may use to evaluate air carriers' citizenship during initial and continuing fitness reviews. Our proposal would affect how we determine ``actual control'' of the carrier in situations where the foreign investor's home country has an open skies air services agreement with the United States, and permits reciprocal investment opportunities in its own national air carriers for U.S. investors. We continue to believe that our proposed policy would remove unnecessary restrictions on U.S. air carriers' access to the global capital market without compromising the statutory requirement that U.S. citizens remain in actual control of such carriers. We are issuing a supplemental notice of proposed rulemaking (SNPRM) because, after reviewing comments submitted on the NPRM and in consultation with other Executive Branch agencies, we have decided to strengthen the proposal in several areas. We have revised the proposed rule further to ensure that U.S. citizens will have actual control of the air carrier. We are also mindful of the strong interest in this proposal expressed by members of Congress. This SNPRM will furnish Congress the opportunity to review the proposal in its refined form, and to undertake a more informed assessment of its likely consequences. Our NPRM proposal would allow for delegation to foreign investors of decision-making authority regarding commercial issues, but in the areas of organizational documents, safety, security, and the Civil Reserve Air Fleet (CRAF) program the NPRM would not permit these delegations. In a key refinement of our original proposal, we now propose in this SNPRM to require that any such delegation of authority to foreign interests by the U.S. citizen majority owners be revocable. We are proposing this change to ensure that, notwithstanding their ability to delegate decision-making authority over certain commercial matters (as described in the NPRM) to foreign investor interests, the U.S. voting shareholders of a U.S. airline will retain actual control of the airline. We originally proposed to reserve exclusively to U.S. citizens decisions relating to organizational documents, safety, security, and CRAF. In another refinement, in keeping with suggestions received from the Departments of Homeland Security and Defense as well as the Federal Aviation Administration, we are now proposing to broaden the scope of the decision-making that must remain under the actual control of U.S. citizens. The aspects of control of safety and security decisions would no longer be limited to those implementing FAA and TSA safety and security regulations, but would cover safety and security decisions generally. Similarly, the proposed control of CRAF decisions would be expanded to cover all national defense airlift commitments. Our proposed expansion of the coverage of these three areas will ensure that all critical elements of a carrier's decision-making that could impact safety, security, and national defense airlift are fully covered, and that our review of a carrier's compliance with these requirements will not be unduly narrow. We tentatively conclude that, as modified, this proposal will eliminate unnecessary and anachronistic limitations on the ability of eligible foreign minority investors to participate in the commercial decision-making at a U.S. airline in which they have made an otherwise statutorily-permitted investment. At the same time, it should eliminate any doubt that the voting stockholders (75 percent of whom are U.S. citizens) and the board of directors (two-thirds of whom are U.S. citizens) will retain full control over decisions regarding safety, security, and contributions to our national defense airlift capability, and that those U.S. citizens also retain ``actual control'' of the carrier as a whole as required by statute.

The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay 650-15 turbofan engines. That AD currently establishes cyclic life limits for certain part number (P/N) stage 1 high pressure turbine (HPT) discs and stage 1 (LPT) discs operating under certain flight plan profiles. This proposed AD would add Tay 651-54 turbofan engines to the applicability. This proposed AD would also require removing certain stage 1 HPT discs and stage 1 LPT discs at reduced cyclic life limits using a drawdown schedule. This proposed AD results from RRD updating their low-cycle- fatigue (LCF) analysis for stage 1 HPT discs and stage 1 LPT discs and reducing their cyclic life limits. We are proposing this AD to prevent cracks leading to turbine disc failure, which could result in an uncontained engine failure and damage to the airplane.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for changes to a currently approved information collection titled Highway Safety Improvement Programs, which is summarized below under supplementary Information. FHWA is required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

These special conditions are issued for Sabreliner Model NA- 265-60 airplanes. These airplanes will have novel and unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of dual Honeywell Model AM- 250 digital altimeters. 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 provided by the existing airworthiness standards.

FRA is issuing Safety Advisory 2006-03, in order to provide interested parties information related to the potential failure of the welded attachment of vertical load dividers on certain center beam lumber flat cars. The welded attachment of the vertical load dividers on these cars can break away from the car body structure. The vertical load dividers are hollow square tubular steel beams approximately eight (8) feet in height that are welded to the car body structure. The vertical beams serve as load dividers for packaged lumber products.

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.

The FAA proposes to adopt a new airworthiness directive (AD) for certain aviation tires installed on various transport category airplanes. This proposed AD would require a one-time inspection of the nosewheel tires to determine if they are within a designated serial number range, and replacement if necessary. This proposed AD results from reports of tread separations and tread-area bulges on the nosewheel tires. We are proposing this AD to prevent tread separation from a nosewheel tire during takeoff or landing, which could result in compromised nosewheel steering or ingestion of separated tread by an engine, and consequent reduced controllability of the airplane on the runway or in the air.

The Privacy Act of 1974, as amended, 5 U.S.C. 552a, requires that agencies that maintain a system of records publish a notice in the Federal Register of the existence and character of the system. In accordance with the Privacy Act, DOT is giving notice of a system of records to enhance its ability to manage information sharing and employee access to various information systems of its Federal Highway Administration (FHWA).

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in Bannock County, Idaho.

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.