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

The Federal Highway Administration (FHWA) is issuing this notice of intent to advise agencies and the public that an Environmental Impact Statement (EIS) will be prepared to assess the impacts of a proposed transportation project on Harmony Road in Clackamas County, Oregon.

As authorized by Pub. L. 105-383 and Pub. L. 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-2007-27795 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 Pub. L. 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.

As authorized by Pub. L. 105-383 and Pub. L. 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-2007-27796 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 Pub. L. 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.

This notice proposes special conditions for the Boeing Model 787-8 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These novel or unusual design features are associated with composite materials chosen for the construction of the fuel tank skin and structure. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards for wing and fuel tank structure with respect to post-crash fire safety. These proposed 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. Additional special conditions will be issued for other novel or unusual design features of the Boeing Model 787-8 airplanes.

The FHWA proposes to revise its regulation that establishes the general requirements for quality assurance procedures for construction on all Federal-aid highway projects on the National Highway System (NHS).\1\ Specifically, the FHWA proposes to require accreditation of laboratories that conduct crash tests on roadside hardware by an accrediting body that is recognized by the National Cooperation for Laboratory Accreditation (NCLA) or is a signatory to an International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA), an Asia Pacific Laboratory Accreditation Cooperation (APLAC) MRA, or another comparable accreditation body approved by FHWA. The objective of this proposed rule is to improve the agency's ability to determine that crash test laboratories are qualified to conduct and evaluate tests intended to determine the crashworthiness of roadside safety features. Laboratory accreditation is widely recognized as a reliable indicator of technical competence.

This document grants in full the petition of General Motors Corporation (GM) for an exemption in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard, for the Saturn Aura vehicle line beginning with model year (MY) 2008. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.

On August 15, 1989, the National Highway Traffic Safety Administration (NHTSA) granted in part General Motors Corporation's (GM) petition for an exemption in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard for the Chevrolet Camaro vehicle line. The exemption was granted because the agency determined that the antitheft device proposed to be placed on the line as standard equipment was likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard. On November 10, 2006, GM petitioned the agency to amend the exemption previously granted for the Chevrolet Camaro vehicle line. NHTSA is granting in full GM's petition to modify the exemption because it has determined that the modified antitheft device to be placed on the Chevrolet Camaro line as standard equipment will also likely be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.

This document proposes to amend Appendices A, B, and C of 49 CFR Part 544, insurer reporting requirements. The appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices would be required to file three copies of its report for the 2004 calendar year before October 25, 2007. If the passenger motor vehicle insurers remain listed, they must submit reports by each subsequent October 25. We are proposing to add and remove several insurers from relevant appendices.

The FAA is superseding an existing airworthiness directive (AD) for General Electric Company (GE) CT7-5A2, -5A3, -7A, -7A1, -9B, - 9B1, and -9B2, -9C, -9C3, -9D, and -9D2 turboprop engines, with certain part number (P/N) and serial number stage 2 turbine aft cooling plates installed. That AD currently requires a onetime eddy current inspection (ECI) of boltholes in certain P/N stage 2 turbine aft cooling plates. This AD expands the population of affected CT7 turboprop engine models, but reduces the number of cooling plates affected. It also requires a onetime ECI of boltholes in certain P/N stage 2 turbine aft cooling plates with specific serial numbers. This AD results from the manufacturer expanding the list of affected engine models and identifying the affected stage 2 turbine aft cooling plates by serial number. We are issuing this AD to prevent separation of the stage 2 turbine aft cooling plate, resulting in uncontained engine failure and damage to the airplane.

The FAA's Aviation Safety, an organization responsible for the certification, production approval, and continued airworthiness of aircraft, and certification of pilots, mechanics, and others in safety related positions, publishes proposed non-regulatory documents that are available for public comment on the Internet at https://www.faa.gov/aircraft/draftdocs/.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces that its Information Collection Request (ICR) described below has been sent to the Office of Management and Budget (OMB) for review and approval. The ICR describes a proposed collection activity involving all motor carriers who operate small passenger-carrying commercial motor vehicles (CMVs) and its expected cost and burden. A Federal Register notice allowing for a 60-day comment period on the ICR was published on December 8, 2006. FMCSA received four comments to this docket, but only one of those comments addressed the information collection process set forth in this notice. This comment was considered during the development of the survey for this information collection.

The FAA is superseding an existing airworthiness directive (AD) for General Electric Company (GE) CF34-1A, -3A, -3A1, -3A2, -3B, and -3B1 turbofan engines. That AD requires a onetime inspection of certain fan disks for electrical arc-out indications, replacing fan disks with electrical arc-out indications, and reducing the life limit of certain fan disks. This AD requires the same reduced life limit of certain fan disks, but requires on-wing inspection of certain fan disks installed on regional jets within 500 flight hours after the effective date of this AD. This AD also requires more enhanced shop-level inspections of all fan disks for electrical arc-out defects. This AD results from a report that in January 2007, a CF34-3B1 turbofan engine experienced an uncontained fan disk failure during flight operation. We are issuing this AD to prevent an uncontained fan disk failure and airplane damage.

The Federal Aviation Administration (FAA) is amending its commercial space transportation regulations under the Commercial Space Launch Amendments Act of 2004. The FAA is establishing application requirements for an operator of a manned or unmanned reusable suborbital rocket to obtain an experimental permit. The FAA is also establishing operating requirements and restrictions on launch and reentry of reusable suborbital rockets operated under a permit.

Sabine Pass LNG, L.P. (SPLNG) requested a waiver of compliance from the Federal pipeline safety regulation that requires liquefied natural gas (LNG) facilities constructed after March 31, 2000 to comply with the National Fire Protection Association's Standard 59A (NFPA 59A), 2001 Edition. The waiver specifically requested permission to use ultrasonic examination as an acceptable alternative non-destructive testing method for welds on LNG tanks.

As part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes, this document establishes a new Federal motor vehicle safety standard (FMVSS) No. 126 to require electronic stability control (ESC) systems on passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 Kg (10,000 pounds) or less. ESC systems use automatic computer-controlled braking of individual wheels to assist the driver in maintaining control in critical driving situations in which the vehicle is beginning to lose directional stability at the rear wheels (spin out) or directional control at the front wheels (plow out). Preventing single-vehicle loss-of-control crashes is the most effective way to reduce deaths resulting from rollover crashes. This is because most loss-of-control crashes culminate in the vehicle leaving the roadway, which dramatically increases the probability of a rollover. Based on the best available data, drawn from crash data studies, NHTSA estimates that the installation of ESC will reduce single-vehicle crashes of passenger cars by 34 percent and single vehicle crashes of sport utility vehicles (SUVs) by 59 percent, with a much greater reduction of rollover crashes. NHTSA estimates that ESC has the potential to prevent 71 percent of the passenger car rollovers and 84 percent of the SUV rollovers that would otherwise occur in single-vehicle crashes. NHTSA estimates that ESC would save 5,300 to 9,600 lives and prevent 156,000 to 238,000 injuries in all types of crashes annually once all light vehicles on the road are equipped with ESC systems. The agency further anticipates that ESC systems would substantially reduce (by 4,200 to 5,500) the more than 10,000 deaths each year on American roads resulting from rollover crashes. Manufacturers equipped about 29 percent of model year (MY) 2006 light vehicles sold in the U.S. with ESC, and intend to increase the percentage to 71 percent by MY 2011. This rule requires installation of ESC in 100 percent of light vehicles by MY 2012 (with exceptions for some vehicles manufactured in stages or by small volume manufacturers). Once all light vehicles in the fleet have ESC, of the overall projected annual 5,300 to 9,600 highway deaths and 156,000 to 238,000 injuries prevented by stability control systems installed either voluntarily or under this rulemaking, we would attribute 1,547 to 2,534 prevented fatalities (including 1,171 to 1,465 involving rollover) to this rulemaking, in addition to the prevention of 46,896 to 65,801 injuries by increasing the percentage of light vehicles with ESC from 71 percent to 100 percent.

The Department is issuing an order withdrawing its approval under 49 U.S.C. 41309 for an International Air Transport Association (``IATA'') agreement, the Provisions for the Conduct of the IATA Traffic Conferences, insofar as that agreement establishes conferences whereby IATA's member carriers discuss and agree upon passenger fares and cargo rates for U.S.-Australia/Europe markets. The withdrawal of approval will become effective on June 30, 2007. The Department's withdrawal of its approval for the agreement will end the agreement's immunity from the antitrust laws under 49 U.S.C. 41308 for conference discussions of fares and rates for the U.S.-Australia/Europe markets. This order makes final the tentative findings and conclusions set forth in the Department's show-cause order, Order 2006-7-3 (July 5, 2006).

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A318-100, A319-100, A320-200, A321-100, and A321-200 series airplanes, and Model A320-111 airplanes. The existing AD currently requires an inspection to determine whether certain braking and steering control units (BSCUs) are installed or have ever been installed. For airplanes on which certain BSCUs are installed or have ever been installed, the existing AD requires an inspection of the nose landing gear (NLG) upper support and corrective action if necessary, and a check of the NLG strut inflation pressure and an adjustment if necessary. For some of these airplanes, the existing AD also requires a revision to the aircraft flight manual to incorporate an operating procedure to recover normal steering in the event of a steering failure. This proposed AD would require repetitive inspections of the NLG upper support, and related investigative/corrective actions in accordance with new service information; and would remove the one-time inspection that was required by the existing AD. This proposed AD also would provide an optional terminating action for the repetitive inspections. This proposed AD results from a report of an incident where an airplane landed with the NLG turned 90 degrees from centerline, and from additional reports of NLG upper support anti-rotation lugs rupturing in service. We are proposing this AD to prevent landings with the NLG turned 90 degrees from centerline, which could result in reduced controllability of the airplane.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Vision Airlines, Inc. fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property, and mail.

This technical amendment corrects a final rule published in the Federal Register on August 11, 2006 (71 FR 46076), Docket No. FAA- 2006-25153, Airspace Docket No. 06-AWP-10. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state ``* * * September 1, 2006, and effective September 15, 2006 * * *'', instead of ``* * * September 1, 2005, and effective September 15, 2005''. This technical amendment corrects those errors.

This technical amendment corrects a final rule published in the Federal Register on August 1, 2006 (71 FR 43355), Docket No. FAA- 2006-24858, Airspace Docket No. 06-ASO-8. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state ``* * * September 1, 2006, and effective September 15, 2006 * * *'' instead of ``* * * September 1, 2005, and effective September 16, 2005''. This technical amendment corrects those errors.

This technical amendment corrects a final rule published in the Federal Register on August 11, 2006 (71 FR 46077), Docket No. FAA- 2006-24467, Airspace Docket No. 06-ANM-2. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state `` * * * September 1, 2006, and effective September 15, 2006 * * *'' instead of `` * * * September 1, 2005, and effective September 15, 2005''. This technical amendment corrects those errors.