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

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, SR 167 Extension Project Puyallup to SR 509 in Pierce County, Washington. Those actions grant licenses, permits, and approvals for the project.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a proposed roadway widening and bridge replacement project in Calvert and St. Mary's Counties, Maryland. The purpose of the EIS is to provide information and analyses for decisions on the project in accordance with the policies and purposes of the National Environmental Policy Act.

The Federal Aviation Administration (FAA) is delaying the effective date of a final rule that established qualification requirements for flight simulation training devices (FSTD). In addition, because the new rule set forth specific dates for compliance, to ensure that individuals affected by the rule have adequate time to comply with the rule, the FAA will also delay the compliance date of the rule. The new rule consolidates and updates FSTD requirements that currently exist in different parts of the FAA's regulations and in advisory circulars. The extension of the effective date is necessary because the FAA has initiated a subsequent rulemaking that would provide greater harmonization with the international standards document for simulation. Delaying the effective date of the final rule will allow the agency to complete this subsequent rulemaking and amend the final rule that established qualification requirements for FSTD before the October 30, 2007, effective date.

We propose to adopt a new airworthiness directive (AD) for Eurocopter France Model EC130B4 helicopters. 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 aviation authority of France, with which we have a bilateral agreement, states in the MCAI:

This notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.

FMCSA announces its decision to exempt seventeen individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

We propose to supersede Airworthiness Directive (AD) 2007-13- 11, which applies to all Eclipse Aviation Corporation (Eclipse) Model EA500 airplanes. AD 2007-13-11 was prompted by reports of loss of primary airspeed indication due to freezing condensation within the pitot system. AD 2007-13-11 requires operational limitations consisting of operation only in day visual flight rules (VFR), allowing only a VFR flight plan, and maintaining operation with two pilots. Since we issued AD 2007-13-11, Eclipse has developed a design modification to the pitot/angle-of-attack (AOA) system to eliminate the possibility of freezing condensation within the pitot/AOA system. Eclipse is incorporating this modification during production on Model EA500 airplanes starting with serial number (S/N) 000065. Consequently, this proposed AD would limit the applicability to airplanes under S/N 000065 and require incorporating the modification. This proposed AD would also retain the operating limitations in AD 2007-13-11 until the modification is incorporated. We are proposing this AD to prevent long- term reliance on special operating limitations when a design change exists that would eliminate the need for the operating limitations. Incorporating the proposed modification would prevent loss of air pressure in the pitot system, which could cause erroneous AOA and airspeed information with consequent loss of control.

The Surface Transportation Board's (STB or Board) Section of Environmental Analysis (SEA) is making available to the public, the official ``Section 106'' consulting parties, Indian tribes, and Federal, State, and local agencies, a Draft Programmatic Agreement (PA) for review and comment in the rail line construction and operation proposal described below. The Draft PA addresses historic preservation and cultural resource issues and is being developed to satisfy the requirements of section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470f) and the regulations of the Advisory Council on Historic Preservation at 36 CFR 800.14 (b). Comments on the PA must be post-marked to the address below by November 19, 2007. To be considered, comments must focus on the contents of the PA. Comments addressing matters outside the PA or post-marked after the due date will not be considered. On February 27, 2003, the Southwest Gulf Railroad (SGR) filed a petition with the STB seeking the Board's authorization to construct and operate a new rail line in Medina County, Texas (Finance Docket No. 34284). SGR's proposal involves the construction and operation of a rail line approximately seven miles long from a Vulcan Construction Materials, LP (VCM) proposed limestone quarry to the Union Pacific (UP) rail line near Dunlay, Texas. The Board issued a decision on May 19, 2003, finding that, from a transportation perspective, the proposed construction and operation met the standards of 49 U.S.C. 10502. SEA issued a Draft Environmental Impact Statement (DEIS) for public review and comment in this proceeding in 2004. The DEIS assessed four potential rail routes for SGR's proposed rail line to the VCM proposed quarry, as well as the No-Action Alternative (the use of trucks to transport the limestone to the UP rail line if SGR's rail line were not built). Based on the comments received on the DEIS, SEA decided to prepare a Supplemental Draft Environmental Impact Statement (SDEIS) for public review and comment. SEA issued the SDEIS on December 8, 2006. The SDEIS included additional historic property evaluation and analyzed three additional rail routes to the east of the routes originally considered. The SDEIS preliminarily concluded that two of these eastern routes would be environmentally preferable to the routes previously studied in the DEIS because they would avoid or minimize impacts to rural historic landscapes in the project area discovered during the course of the environmental review. The comment period on the SDEIS closed on January 29, 2007. SEA is currently reviewing the comments received and preparing a Final Environmental Impact Statement (FEIS) that responds to the comments received on the DEIS and SDEIS. Once SEA issues the FEIS, the environmental review process will be concluded, and the Board will issue a final decision on SGR's proposal. Before issuing the FEIS, SEA will first complete the ``Section 106 process'' of the NHPA, which requires Federal agencies to consider the effects of their licensing actions on historic sites and structures. An executed PA is evidence of the agencies compliance with section 106. The Draft PA is available for review on the Board's Web site at https://www.stb.dot.gov by clicking on the ``Environmental Matters'' link, then ``Key Cases'' then the ``Medina County, Texas'' link. Please refer to Finance Docket No. 34284 in all correspondence, including any e-filings.

The Federal Aviation Administration (FAA) announces that it is reviewing a proposed noise compatibility program update that was submitted for Baltimore/Washington International Thurgood Marshall Airport under the provisions of 49 U.S.C. 47504 et. seq (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR part 150 by the Maryland Aviation Administration. This program was submitted subsequent to a determination by FAA that associated noise exposure maps submitted under 14 CFR part 150 for Baltimore/Washington International Thurgood Marshall Airport were in compliance with applicable requirements, effective April 3, 2006, Federal Register Doc. 06-3624. The proposed noise compatibility program update will be approved or disapproved on or before March 28, 2008.

The Office of the Secretary published a document in the Federal Register on October 9, 2007, concerning a request for a renewal of a previously approved information collection. We are correcting the document as set forth below.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the existing Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This information collection is necessary to ensure that drivers, motor carriers and the States comply with the notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate. On July 10, 2007, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. One comment was received.

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 FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 series airplanes. The existing AD currently requires inspecting to detect cracking in certain lower lobe fuselage skin lap joints, doing repetitive inspections for cracking at certain fastener locations having countersunk fasteners, and replacing countersunk fasteners with protruding head fasteners at certain fastener locations. This proposed AD would replace a previous high-frequency eddy current (HFEC) inspection method with a new HFEC inspection method, add a one-time inspection for cracking of certain airplanes, and terminate the adjustment factor for the inspection compliance times based on cabin differential pressure. This proposed AD also would include inspection at an additional lap joint. This proposed AD results from reports of fuselage skin cracks found at certain countersunk fastener locations in the upper row of lap joints near the wing-to-body fairings, and from a report that the presence of alodine-coated rivets could cause faulty results during the required inspections using the optional sliding probe HFEC inspection method specified in the existing AD. We are proposing this AD to prevent reduced structural integrity of the fuselage.

The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD would require repetitive inspections for any cracking of or damage to the left side and right side flight deck No. 2, No. 4, and No. 5 windows and corrective actions if necessary. This proposed AD results from reports of in-flight departure and separation of the flight deck windows. We are proposing this AD to detect and correct cracking in the vinyl interlayer or damage to the structural inner glass panes of the flight deck No. 2, No. 4, and No. 5 windows, which could result in loss of a window and rapid loss of cabin pressure. Loss of cabin pressure could cause crew communication difficulties or crew incapacitation.

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 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 notice announces the issuance of Advisory Circular (AC) 33.75-1A, Guidance Material for 14 CFR 33.75. This advisory circular (AC) provides guidance and describes acceptable methods, but not the only methods, for demonstrating compliance with the safety analysis requirements of Sec. 33.75 of Title 14 of the Code of Federal Regulations (14 CFR). The information provided in this AC replaces the guidance in AC 33.75-1, issued on March 4, 2005.

This action proposes to revise Class E airspace at McGrath, AK. Five Standard Instrument Approach Procedures (SIAPs) and a textual departure procedure (DP) are being amended for the McGrath Airport at McGrath, AK. Additionally, one new SIAP is being developed. Adoption of this proposal would result in revision of existing Class E airspace upward, from 700 feet (ft.) and 1,200 ft. above the surface, at the McGrath Airport, McGrath, AK.

This action proposes to revise Class D and E airspace at Kenai, AK. Five Standard Instrument Approach Procedures (SIAPs) are being amended for the Kenai Municipal Airport at Kenai, AK. Additionally, one textual departure procedure (DP) is being amended. Adoption of this proposal would result in revision of existing Class D & E airspace upward, from the surface, from 700 feet (ft.) and 1,200 ft. above the surface, at the Kenai Municipal Airport, Kenai, AK.

This action proposes to revise Class E airspace at Buckland, AK. Two Standard Instrument Approach Procedures (SIAPs) and a textual departure procedure (DP) are being amended for the Buckland Airport at Buckland, AK. Additionally, two new SIAPs are being developed. Adoption of this proposal would result in revision of existing Class E airspace upward, from 700 feet (ft.) and 1,200 ft. above the surface, at the Buckland Airport, Buckland, AK.

This action proposes to revise Class E airspace at Soldotna, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being developed for the Soldotna Airport at Soldotna, AK. Adoption of this proposal would result in revision of existing Class E airspace upward, from 700 feet (ft.) and 1,200 ft. above the surface, at the Soldotna Airport, Soldotna, AK.

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:

We are adopting a new airworthiness directive (AD) for the products listed above that will supersede an existing AD. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: