Department of Transportation October 2010 – Federal Register Recent Federal Regulation Documents

This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the Route 250 Bypass Interchange at McIntire Road project in the City of Charlottesville, Virginia. Those actions grant licenses, permits, and approvals for the project.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to approve the following information collection: Metropolitan and Statewide Transportation Planning.

On May 21, 2010, President Obama issued a Presidential Memorandum requesting that the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA), on behalf of the Department of Transportation develop, through notice and comment rulemaking, a coordinated National Program under the Clean Air Act (CAA) and the Energy Policy and Conservation Act (EPCA), as amended by the Energy Independence and Security Act (EISA) to improve fuel efficiency and to reduce greenhouse gas emissions of light-duty vehicles for model years 2017-2025. President Obama requested that the agencies issue a Notice of Intent to issue a proposed rule that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles of model year 2017 and beyond. This joint Notice describes the agencies' initial assessment of potential levels of stringency for a National Program for model years 2017-2025, and describes additional work that the agencies will undertake over the next two months to refine this assessment further. This Notice fulfills that request and discusses the agencies' plans to issue a Supplemental Notice of Intent by November 30, 2010 that will describe plans for the National Program, including an updated analysis of potential GHG and fuel economy standards for model years 2017-2025. This joint Notice also announces the plans by the two agencies to propose such a coordinated National Program by the fall of 2011.

FWHA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for proposed transportation improvements in Davis County, Utah.

Before a Federal agency can collect certain information from the public, the agency must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. In compliance with the Paperwork Reduction Act of 1995, this notice describes one collection of information for which NHTSA intends to seek OMB approval, relating to confidential business information.

The Federal Aviation Administration (FAA) announces that it has decided to discontinue preparation of an Environmental Impact Statement (EIS) for the proposed relocation of Runway 11R/29L and associated development at Tucson International Airport. The FAA's decision to discontinue preparation of the EIS is based upon the results from a planning effort completed by the Tucson Airport Authority (TAA), the owner and operator of the airport. This planning effort reveled the project purpose and need has changed significantly. As a result, FAA has determined the new runway proposal at Tucson International Airport is not ripe for decision at this time.

This action removes redundant Class E airspace in Northeast Alaska and establishes Class E airspace near Eagle, Alaska. The recent removal of a Colored Federal Airway near Kaktovik, AK, duplication of controlled airspace near Mentasta Lake, AK, and the establishment of one Special Area Navigation (RNAV) Standard Instrument Approach Procedure (SIAP) at Eagle Airport, AK, have made these actions necessary to enhance safety by ensuring that sufficient airspace exists for the management of Instrument Flight Rules (IFR) operations.

This action establishes Class E airspace at Port Clarence Coast Guard Station (CGS), AK. The United States Coast Guard operates this airstrip and has developed a military-use instrument approach procedure. This instrument approach procedure at the Port Clarence CGS Airport has made this action necessary to enhance safety by establishing Class E airspace for air traffic management of Instrument Flight Rules (IFR) operations.

The Maritime Administration (MARAD) is publishing this final rule to establish regulations governing administrative determinations of availability of coastwise-qualified vessels to be used in the transportation and, if needed, launch or installation of offshore oil drilling or production platform jackets in specified projects only. MARAD views this as a special, technical adjustment that does not indicate a change in MARAD's full support for other requirements of the coastwise laws. Specifically, this final rulemaking implements provisions of Public Law 108-293 (2004) (the Act) which requires the Secretary of Transportation, acting through the Maritime Administrator, to adopt procedures to maximize use of coastwise-qualified vessels, but would permit the use of non-coastwise-qualified (foreign) launch barges if it is determined that coastwise-qualified vessels are not available.

The FAA is adopting a new airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-9, -9A, -11, -15, -17, and -17R turbofan engines. This AD requires overhauling fan blade leading edges at the first shop visit after 4,000 cycles-in-service (CIS) since the last total fan blade overhaul was performed. This AD results from reports of failed fan blades. We are issuing this AD to prevent high-cycle fatigue cracking at the blade root, which could result in uncontained failures of first stage fan blades and damage to the airplane.

The FAA hereby provides notice of intent to release certain airport properties 15.83 acres at the Palm Beach International Airport, West Palm Beach, FL from the conditions, reservations, and restrictions as contained in a Quitclaim Deed agreement between the FAA and the Palm Beach County, dated September 11, 1948. The release of property will allow Palm Beach County to dispose of the property for other than aeronautical purposes. The property is located on the northwest corner of Congress Avenue and Gun Club Road in Palm Beach County, Florida. The parcel is currently designated as non-aeronautical use. The property will be released of its federal obligations to swap the land for another County-owned parcel. The 16.92 acre parcel to be acquired is located in Airport Center at the northeast corner of Australian Avenue and Southern Boulevard in Palm Beach County, Florida. This parcel is adjacent to airport property and is currently occupied by a hotel. The fair market value of the Gun Club Road parcel has been determined by appraisal to be $5,875,000. The fair market value of the Australian Avenue parcel has been determined by appraisal to be $5,785,000. Documents reflecting the Sponsor's request are available, by appointment only for inspection at the Palm Beach International Airport and the FAA Airports District Office.

We propose to adopt a new airworthiness directive (AD) for the products listed above that would revise an existing AD. 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:

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, NC 24 Improvements, from 2.8 miles east of I-95 to I-40 in Cumberland, Sampson, and Duplin Counties, North Carolina (T.I.P Project R-2303). Those actions grant licenses, permits, and approvals for the project.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model 767 airplanes. The existing AD currently requires, for certain airplanes, reworking the bonding jumper assemblies on the drain tube assemblies of the slat track housing of the wings. For certain other airplanes, the existing AD requires repetitive inspections of the drain tube assemblies of the slat track housing of the wings to find discrepancies, corrective actions if necessary, and terminating action for the repetitive inspections. This proposed AD would also require replacing the drain tube assemblies. For certain airplanes, this proposed AD would also require installing an additional electrostatic bond path for the number 5 and 8 inboard slat track drain tube assemblies. For certain other airplanes, this proposed AD would also require reworking the bonding jumper assembly. This proposed AD would also revise the applicability to include additional airplanes. This proposed AD results from reports of fuel leaks from certain drain locations of the slat track housing near the engine exhaust nozzles of the wings, which could result in a fire when the airplane is stationary, or taxiing at low speed; reports of a bonding jumper assembly of certain drain tubes that did not meet bonding specifications and could result in electrostatic discharge and an in-tank ignition source; and reports of fuel leaks onto the main landing gear (MLG) as a result of a cracked drain tube at the number 5 or 8 slat track housing, which could let fuel drain from the main fuel tanks into the dry bay area of the wings and onto hot MLG brakes and result in a fire.

This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2009-19-06 that was sent previously by individual notices to the known U.S. owners and operators of affected airplanes identified above. This AD requires installing certain equipment on the flight deck door. This AD was prompted by reports that the current design of the flight deck door is defective. We are issuing this AD to prevent failure of this equipment, which could jeopardize flight safety.

The FAA is superseding two existing airworthiness directives (ADs), which apply to certain Model 747-100, 747-200B, and 747-200F series airplanes. The existing ADs currently require inspections to detect fatigue-related skin cracks and corrosion of the skin panel lap joints in the fuselage upper lobe, and repair if necessary. One of the existing ADs, AD 94-12-09, also requires modification of certain lap joints and inspection of modified lap joints. The other AD, AD 90-15- 06, requires repetitive detailed external visual inspections of the fuselage skin at the upper lobe skin lap joints for cracks and evidence of corrosion, and related investigative and corrective actions. This AD reduces the maximum interval of the post-modification inspections, and adds post-repair inspection requirements for certain airplanes. This AD results from reports of cracking on modified airplanes. We are issuing this AD to detect and correct fatigue cracking and corrosion in the fuselage upper lobe skin lap joints, which could lead to rapid decompression of the airplane and inability of the structure to carry fail-safe loads.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

This amendment supersedes an existing airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) helicopters. That AD requires repetitively inspecting the main gearbox (MGB) planet gear carrier for a crack and replacing any MGB that has a cracked planet gear carrier before further flight. This action requires the same inspections required by the existing AD, but shortens the initial inspection interval. This AD is prompted by the discovery of another crack in a MGB planet gear carrier and additional analysis that indicates that the initial inspection interval must be shortened. The actions specified by this AD are intended to detect a crack in the web of the planet gear carrier, which could lead to a MGB seizure and subsequent loss of control of the helicopter.

FMCSA grants a 2-year, limited exemption from the Federal hours-of-service (HOS) regulations for the transportation of anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air- mile radius of the retail or wholesale distribution point. This exemption extends the agricultural operations exemption established by section 345 of the National Highway System Designation Act of 1995, as amended by sections 4115 and 4130 of the Safe, Accountable, Flexible, Efficient Transportation Equity: A Legacy for Users (SAFETEA-LU), to certain drivers and motor carriers engaged in the distribution of anhydrous ammonia during the planting and harvesting seasons, as defined by the States in which the carriers and drivers operate. The Agency believes that the exemption will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. The exemption preempts inconsistent State and local requirements applicable to interstate commerce.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 224: Airport Security Access Control Systems.

The Department of Transportation, Office of the Secretary of Transportation, announces the fourth meeting of the FAAC, which will be held in the Los Angeles area. This notice announces the date, time and location of the meeting, which will be open to the public. The purpose of FAAC is to provide advice and recommendations to the Secretary of Transportation to ensure the competitiveness of the U.S. aviation industry and its capability to effectively manage the evolving transportation needs, challenges, and opportunities of the global economy.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for renewal of an existing information collection that is summarized below under SUPPLEMENTARY INFORMATION. The Federal Register notice with a 60- day public comment period soliciting comments on this information collection was published on July 23, 2010. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for renewal of an existing information collection that is summarized below under SUPPLEMENTARY INFORMATION. The Federal Register notice with a 60- day public comment period soliciting comments on this information collection was published on July 22, 2010. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for renewal of an existing information collection that is summarized below under SUPPLEMENTARY INFORMATION. The Federal Register notice with a 60- day public comment period soliciting comments on this information collection was published on July 22, 2010. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.