Department of Transportation January 2007 – Federal Register Recent Federal Regulation Documents

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by Shreveport Airport Authority for the Shreveport Regional Airport under the provisions of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements. The FAA also announces that it is reviewing a proposed noise compatibility program that was submitted for the Shreveport Regional Airport under part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before July 11, 2007.

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. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A300-600 series airplanes. The existing AD currently requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. The existing AD also provides for optional terminating action for certain inspections. This proposed AD would retain all requirements of the existing AD, mandate the previously optional terminating action, reduce the applicability of the existing AD, and add repetitive inspections behind scuff plates for certain affected airplanes. This proposed AD results from a determination that further rulemaking is necessary to improve the fatigue behavior of the cabin door surroundings. We are proposing this AD to prevent corrosion between the scuff plates at exit and cargo doors and fatigue cracks originating from certain fastener holes located in adjacent structure, which could result in reduced structural integrity of the door surroundings.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain transport category airplanes identified above. The existing AD currently requires modification of the reinforced flight deck door and other actions related to the reinforced flight deck door. Those other actions include modifying the door, inspecting and modifying wiring in the area, and revising the maintenance program to require more frequent testing of the decompression panels of the flight deck door. This proposed AD would add airplanes to the existing requirement of a one-time inspection for chafing of wire bundles in the area of the flight deck door and corrective actions if necessary. This proposed AD would remove certain airplanes from the applicability. This proposed AD results from a report of smoke and fumes in the cockpit of a Model 737-300 series airplane. We are proposing this AD to prevent inadvertent release of the decompression latch and consequent opening of the decompression panel in the flight deck door, or penetration of the flight deck door by smoke or shrapnel, any of which could result in injury to the airplane flightcrew. We are also proposing this AD to detect and correct wire chafing, which could result in arcing, fire, and/or reduced controllability of the airplane.

The Surface Transportation Board will hold a public hearing beginning at 9:30 a.m. on Thursday, February 15, 2007, at its offices in Washington, DC. The purpose of the hearing will be for members of the public to present their views to assist the Board in its examination of 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. Persons wishing to speak at the hearing should notify the Board in writing.

Section 3011(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (``SAFETEA-LU'') authorizes the U.S. Secretary of Transportation to establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects (the ``Pilot Program''). This notice establishes and sets forth the definitive terms of the Pilot Program. By separate notice to be published in the Federal Register not later than March 31, 2007, FTA will summarize and respond to comments solicited by FTA by notice published in the Federal Register on March 22, 2006, at 71 FR 14568. This notice is not a ``binding obligation'' as defined at 49 U.S.C. 5334(l)(2). This notice is organized into three sections: (1) ``Background;'' (2) ``Overview of Pilot Program;'' and (3) ``Definitive Terms.''

The National Park Service (NPS) and the Federal Aviation Administration (FAA), as required by the National Parks Air Tour Management Act of 2000, established the National Parks Overflights Advisory Group (NPOAG) in March 2001. The NPOAG was formed to provide continuing advice and counsel with respect to commercial air tour operations over and near national parks. This notice informs the public of one vacancy (due to completion of membership on May 19, 2007), on the NPOAG (now the NPOAG Aviation Rulemaking Committee (ARC)) for a member representing commercial air tour operators, and invites interested persons to apply to fill the vacancy.

This action establishes 14 VOR Federal Airways (V-176, V-383, V-396, V-406, V-410, V-418, V-426, V-486, V-416, V-467, V-542, V-584, V-586, and V-609); modifies 12 VOR Federal Airways (V-14, V-26, V-40, V-72, V-75, V-90, V-96, V-103, V-116, V-297, V-435, and V-526); and revokes one VOR Federal Airway (V-42) over the East Central United States in support of the Midwest Airspace Enhancement Plan (MASE). It should be noted that the FAA is withdrawing the proposal to establish VOR Federal Airway V-414 and delaying action to establish V-65 and modify V-133. Additionally, editorial changes are made to route numbers and the order of route elements for V-176, V-383, V-410, V-426, V-467, and V-486. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace assigned to the Chicago, Cleveland, and Indianapolis Air Route Traffic Control Centers (ARTCC).

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request approval for three years of a new information collection.

This document makes corrections to Airworthiness Directive (AD) 2006-17-12. That AD applies to Rolls-Royce plc RB211 series turbofan engines. We published AD 2006-17-12 in the Federal Register on August 23, 2006 (71 FR 49339). An incorrect engine model number exists in the applicability paragraph and in the title of Table 5. Also, an incorrect serial number appears in Table 1. This document corrects these numbers. In all other respects, the original document remains the same.

The Federal Motor Carrier Safety Administration (FMCSA) proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured on or after the date 2 years following the effective date of a final rule. On-board hours-of-service recording devices meeting FMCSA's current requirements and voluntarily installed in CMVs manufactured before the implementation date of a final rule may continue to be used for the remainder of the service life of those CMVs. Under the proposal, motor carriers that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards. If FMCSA determined, based on HOS records reviewed during each of two compliance reviews conducted within a 2- year period, that a motor carrier had a 10 percent or greater violation rate (``pattern violation'') for any regulation in proposed Appendix C to Part 385, FMCSA would issue the carrier an EOBR remedial directive. The motor carrier would be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency's current requirements under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. We also propose changes to the safety fitness standard that would require this group of carriers to install, use, and maintain EOBRs in order to meet the new standard. Finally, FMCSA would encourage industrywide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs: Revising the Agency's compliance review procedures to permit examination of a random sample of drivers' records of duty status; providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied; and other potential incentives made possible by the inherent safety and driver health benefits of EOBR technology.

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 September 14, 2006, vol. 71, no. 178, page 54330. FAR Part 157 requires that each person who intends to construct, deactivate, or change the status of an airport, runway, or taxiway must notify the FAA of such activity.

The Maritime Administration (MARAD) seeks public comment on the use of United States vessels and mariners in the transportation of Liquefied Natural Gas (LNG) through the nation's offshore deepwater port receiving facilities. Comments should focus on the development of programs to maximize the utilization and availability of U.S. vessels and qualified U.S. citizen officers and unlicensed crews serving the international LNG tanker fleet. Comments may also include issues related to the overall safe and secure operation of deepwater port facilities.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2006-26754 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

The FAA proposes to supersede an existing airworthiness directive (AD) for General Electric Company (GE) CF34-10E series turbofan engines. That AD currently requires removing the fuel inlet strainer from main fuel pump (MFP) part number (P/N) 2043M12P03, installing a certain replacement flange as an interim repair, remarking the MFP to P/N 2043M12P04, and performing initial and repetitive visual inspections of the main fuel filter. This proposed AD would require removing MFPs, P/N 2043M12P03 and 2043M12P04 from service and installing an improved MFP with a different P/N. This proposed AD results from GE determining that the cause of MFP fuel strainer failure is a design problem with the strainer. We are proposing this AD to prevent engine in-flight shutdown due to MFP malfunctions.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) will be prepared for a project in San Diego, California, known as the State Route (SR) 75/282 Transportation Corridor Project.

The Federal Transit Administration (FTA) is holding a public meeting on the Buy America second notice of proposed rulemaking (SNPRM). The purpose of this meeting is to allow the public to ask questions regarding the notice published on November 30, 2006 (71 FR 69411). Furthermore, due to the complexity of the issues presented in the SNPRM, FTA is extending the comment period to February 28, 2007, which will allow affected parties time to carefully consider the changes made in the SNPRM and the information presented at the public meeting.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A300 B2 and B4 series airplanes. This AD requires revising the airplane flight manual (AFM) to include procedures for resetting the trim and pitch trim levers after each landing, determining which servomotor moves the pitch trim control wheel, and doing applicable other specified actions. This AD also provides for optional terminating actions for those requirements. This AD results from a report of a sudden nose-up movement after disengagement of the autopilot in cruise. We are issuing this AD to ensure that the flightcrew is aware of the procedures for resetting the trim and pitch trim levers after each landing and to prevent failure of the servomotors of the pitch trim systems during flight. Failure of the servomotors of the pitch trim systems could result in uncommanded nose- up movement of the control surface of the pitch trim systems after disengagement of the autopilot in cruise.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) to renew an information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 7, 2006. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This final rule applies to air carrier (part 121), commuter, and on-demand (part 135) turbine powered multi-engine airplanes used in extended-range operations. However, all-cargo operations in airplanes with more than two engines of both part 121 and part 135 are exempted from the majority of this rule. Today's rule establishes regulations governing the design, operation and maintenance of certain airplanes operated on flights that fly long distances from an adequate airport. This final rule codifies current FAA policy, industry best practices and recommendations, as well as international standards designed to ensure long-range flights will continue to operate safely. To ease the transition for current operators, this rule includes delayed compliance dates for certain ETOPS requirements.

The FAA extends, by 24 months, the date for operators to comply with the fire penetration resistance requirements of thermal/ acoustic insulation used in transport category airplanes manufactured after September 2, 2007. This extension is from September 2, 2007, to September 2, 2009. This action is necessary to allow airframe manufacturers enough time, after getting an acceptable certification test facility, to select and certificate appropriate installations.

This action modifies VOR Federal Airway V-2 over the East Central United States to support modified arrival and departure procedures to the Detroit Metropolitan Wayne County Airport (DTW), Detroit, Michigan. These procedures were modified in conjunction with the Midwest AirSpace Enhancement (MASE) project. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace assigned to the Chicago and Cleveland Air Route Traffic Control Centers (ARTCC).