Department of Transportation August 14, 2007 – Federal Register Recent Federal Regulation Documents

The Board proposes to revise its method for calculating the railroad industry's cost of capital by computing the cost of equity using a capital asset pricing model.

Under 49 U.S.C. 10502, the Board is granting a petition for exemption from the prior approval requirements of 49 U.S.C. 10902 for Buffalo & Pittsburgh Railroad, Inc., a Class II rail carrier, to lease and operate approximately 35.9 miles of a line of railroad owned by the Norfolk Southern Railway Company. The rail line extends from milepost BR 8.8 near Gravity, NY, to milepost BR 44.7+/-, immediately south of the northbound home signal and insulated joint for CP-Machias near Machias, NY. The exemption is subject to employee protective conditions.

FMCSA announces that the Motor Carrier Safety Advisory Committee (MCSAC) will hold a committee meeting. The meeting is open to the public. Establishment of the advisory committee was announced in the Federal Register (71 FR 67200), on November 20, 2006.

FMCSA announces receipt of applications from 52 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.

We are adopting a new airworthiness directive (AD) to supersede AD 82-07-04, which applies to certain Allied Ag Cat Productions, Inc. (Ag Cat) G-164 series airplanes. AD 82-07-04 currently requires you to modify the fuel shut-off valve control by installing a new stop-plate. Since we issued AD 82-07-04, we have determined the need to add airplane models and serial numbers that were not previously included in the Applicability section. Consequently, this AD retains the actions of AD 82-07-04 and adds airplane models and serial numbers to the Applicability section. We are issuing this AD to prevent turning the fuel shut-off valve clockwise past the ``ON'' position stop which, if not corrected, could allow the fuel valve to be rotated to an unplacarded ``OFF'' position. This condition could lead to reduced fuel flow and consequent loss of engine power.

This action revises Class E airspace at Ruby, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two new Standard Instrument Approach Procedures (SIAPs) are being developed for the Ruby Airport. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Ruby Airport, Ruby, AK.

This action revises Class E airspace at Kotzebue, AK to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Eight (8) Standard Instrument Approach Procedures (SIAPs) are being amended for the Ralph Wien Memorial Airport at Kotzebue, AK. A Departure Procedure (DP) is also being amended. This action revises existing Class E airspace upward from the surface, from 700 feet (ft.) and 1,200 ft. above the surface at the Ralph Wien Memorial Airport, Kotzebue, AK.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A300-600, A310-200, and A310-300 series airplanes. That AD currently requires inspecting for certain serial numbers on elevators, and doing a detailed inspection, visual inspection with a low-angle light, and tap-test inspection of the upper and lower surfaces of the external skins on certain identified elevators for any damage (i.e., debonding of the graphite fiber reinforced plastic/Tedlar film protection, bulges, debonding of the honeycomb core to the carbon fiber reinforced plastic, abnormal surface reflections, and torn-out plies), and doing corrective actions if necessary. This new AD also requires inspecting for damage of the identified elevators in accordance with a new repetitive inspection program, at new repetitive intervals; and would provide an optional terminating action for the repetitive inspections. This AD results from reports of damage caused by moisture/water inside the elevator. We are issuing this AD to detect and correct debonding of the skins on the elevators, which could cause reduced structural integrity of an elevator and reduced controllability of the airplane.

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:

The FHWA is amending its regulations for design-build contracting as mandated by section 1503 of the ``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users' (SAFETEA-LU). This rule will allow State transportation departments or local transportation agencies to issue request-for-proposal documents, award contracts, and issue notices-to-proceed for preliminary design work prior to the conclusion of the National Environmental Policy Act (NEPA) process.