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

On May 3, 2007, PHMSA published a final rule to amend the Hazardous Materials Regulations (HMR; Parts 171-180) by revising and consolidating the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, the Canadian Transport of Dangerous Goods Regulations, and the International Atomic Energy Agency Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. This rule corrects errors in the final rule.

This final rule specifies inflation adjustments to civil penalties for violating the FMCSA regulations. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. This final rule also makes a technical correction to include a reference to a paragraph created by an earlier rulemaking action.

On January 31, 2007, PHMSA published a final rule that amended requirements in the Hazardous Materials Regulations applicable to the air transportation of compressed oxygen cylinders and oxygen generators. In response to appeals submitted by entities affected by the January 31 final rule, this final rule amends requirements adopted in the January 31, 2007 final rule and delays the effective date of these requirements from October 1, 2007 to October 1, 2008.

The FAA proposes to adopt a new airworthiness directive (AD) for all McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9- 83 (MD-83), DC-9-87 (MD-87), and MD-88 airplanes. This proposed AD would require repetitive inspections for cracking of the overwing frames from stations 845 to 905 (MD-87 stations 731 to 791), left and right sides, and corrective actions if necessary. This proposed AD results from reports of cracked overwing frames. We are proposing this AD to detect and correct such cracking, which could sever the frame, increase the loading of adjacent frames, and result in damage to adjacent structure and loss of overall structural integrity of the airplane.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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:

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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:

The Federal Transit Administration (FTA) has placed in the docket and on its Web site, proposed guidance pertaining to procurements financed in whole or part with Federal assistance awarded by FTA through grants or cooperative agreements (third party procurements). By this notice, FTA invites public comment on FTA's proposed circular, ``Third Party Contracting Guidance.''

This notice proposes guidance in the form of a revised program circular for the Federal Transit Administration's (FTA) planning programs. The proposed circular revises and combines into one document the contents of existing Circulars 8100.1B for the Metropolitan Planning Program (MPP) and 8200.1 the Statewide Planning and Research Program (SPRP). The proposed circular also provides information on the Consolidated Planning Grant Program between the FTA and the Federal Highway Administration (FHWA).

The FAA proposes to rule and invites public comment on the release of airport property consisting of two buildings (Fire Hall, Armory/Instrument) at Arlington Municipal Airport from obligations under the provisions of the Surplus Property Act of 1944.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This document revises the list of vehicles not originally manufactured to conform to the Federal motor vehicle safety standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is contained in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2006, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.

FMCSA announces its decision to exempt 19 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(I)(1). The actions relate to a proposed highway project, the Western Wake Freeway, which begins at NC 55 at Old Smithfield Road (SR 1172) between Apex and Holly Springs and ends at NC 55 near Alston Avenue north of Cary in Wake County. The Western Wake Freeway is also known as State Transportation Improvement Program Project R-2635. It is part of the Outer Wake Expressway, a circumferential freeway around Raleigh, North Carolina. Those actions grant licenses, permits, and approvals for the project.

This notice requests comments on proposed airworthiness standards for acceptance of the BA609 Tiltrotor under 14 CFR 21.17(b), designation of applicable regulations for special classes of aircraft for which airworthiness standards have not been issued.

Pursuant to Section 176 (c) of the Clean Air Act Amendments of 1990, the FAA announces the availability of the Final General Conformity Determination for Proposed Operations of Lynx Aviation, Inc. (Lynx), at Denver International Airport (DEN). FAA has determined that emissions from Lynx's operations at DEN conform to the applicable Colorado State Implementation Plans (SIPs). In accordance with the requirements of 40 CFR Sec. 93.156(b), FAA made the Draft Air Quality General Conformity Determination (Draft GCD) for Proposed Operations of Lynx Aviation, Inc., at Denver International Airport, Denver, CO available for public review beginning on July 20, 2007. FAA published notice of the draft determination in the ``Rocky Mountain News,'' Denver, Colorado on July 20 and 21, 2007 and DEN made copies of the draft determination available at the airport. FAA published the Notice of Availability and Public Comment Period for the Draft General Conformity Determination in the Federal Register on July 20, 2007 (72 FR 39877). FAA received one comment during the public comment period, which ended on August 20, 2007. The commenter stated that jet aviation activity results in excessive pollution and that there should be less aviation activity in general in the United States. The commenter did not provide comments specific to the Draft General Conformity Determination; therefore, a response to the comment is not necessary. Consequently, the Final General Conformity Determination consists of the Draft General Conformity Determination, with two typographical corrections. 1. Page 1, first sentence in the first paragraph under Introduction was revised to read: ``Lynx Aviation, Inc. (Lynx Aviation) has announced its interest in initiating scheduled service at Denver International Airport (DEN), now commencing in October 2007.'' 2. Page 3, first sentence in the second paragraph under Aircraft and Supportng Equipment Emissions was revised to read: ``Under the Proposed Action alternative, Lynx Aviation intends to introduce service at DEN on October 1, 2007.''

This document proposes to increase the maximum aggregate civil penalties for violations of the odometer tampering and disclosure requirements and certain administrative provisions of the Energy Policy and Conservation Act. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. The ICR is titled, ``Training Certification for Drivers of Longer Combination Vehicles (LCVs).'' This ICR is necessary because the training certificate serves as proof that a driver has successfully completed the training required before he or she may operate an LCV on the Nation's highways. The hiring motor carrier is required to maintain a copy of the training certificate in the LCV driver's qualification file. The document is subject to review by Federal or State enforcement officials. On June 28, 2007, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. One comment was received.

The FAA issues these 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 carbon fiber reinforced plastic used in the construction of the fuselage. For these design features, the applicable airworthiness regulations do not contain adequate or appropriate safety standards for impact response characteristics to ensure survivable crashworthiness. 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 standards. We will issue additional special conditions for other novel or unusual design features of the Boeing Model 787-8 airplanes.

Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), and 5 U.S.C. 552b(c), notice is hereby given of a telephone conference for the Reusable Launch Vehicle Working Group (RLVWG) of the Commercial Space Transportation Advisory Committee (COMSTAC). The main issue for discussion will be the formation of a group within the RLVWG to examine training standards for crew and space flight participants. The telephone conference will take place on Friday, October 5, 2007 starting at 9:30 Eastern Daylight Time. For the call-in telephone number and the passcode, contact the Contact Person listed below.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.), this notice announces that the Information Collection Requirement (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on July 20, 2007 (See 72 FR 39886).

The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited Model DHC-7 airplanes. This AD requires an inspection of certain SM-200 servo drive units (power servo motor and housing assemblies) for certain markings, related investigative action if necessary, and modification if necessary. This AD results from a report that some SM-200 servo drive units that were not in configuration MOD H are installed on Model DHC-7 airplanes. MOD H prevents the internal clutch fasteners from backing out. We are issuing this AD to prevent the possibility of internal clutch fasteners from backing out, which could cause an inadvertent servo engagement and consequent reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-100B SUD, 747-200B, 747-200C, 747-200F, 747- 300, 747-400, 747-400D, 747-400F, and 747SP series airplanes. This AD requires reconfiguring the clamps of certain wire bundles and applying insulating sealant to certain fasteners inside the fuel tanks. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent arcing inside the fuel tanks in the event of a lightning strike or high-powered short circuit, which could result in a fuel tank explosion or fire.