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

This action revises Jet Routes J-29 and J-101 over the South Central United States in support of the Houston Area Air Traffic System Project. This allows for more effective utilization of airspace and enhances the management of aircraft operations over the Houston terminal area.

This document identifies and provides guidance on the current FAA policies regarding requests for exemption from the rules governing the operation of aircraft for the purpose of carrying passengers on living history flights in return for compensation. Specifically, this document clarifies which aircraft are potentially eligible for an exemption and what type of information petitioners should submit to the FAA for proper consideration of relief from the applicable regulations.

This document grants in full the Fuji Heavy Industries U.S.A., Inc.'s (FUSA) petition for exemption of the Subaru Forester vehicle line in accordance with 49 CFR Part 543, Exemption from the Theft Prevention Standard. 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 (49 CFR Part 541). FUSA requested confidential treatment for the information and attachments it submitted in support of its petition. In a letter dated July 10, 2007, the agency granted the petitioner's request for confidential treatment of the indicated areas of its petition.

Based on concern that the agency's standard on electric- powered vehicles, as currently written, may inadvertently hinder the development of fuel cell vehicles in the United States, NHTSA is proposing to amend the electrical safety requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 305, Electric-powered vehicles: electrolyte spillage and electrical shock protection. The amendment would ensure that state-of-the-art fuel cell vehicles (FCVs) are consistent with the interests of safety and encompassed by FMVSS No. 305 so that the market may continue to develop. This NPRM also proposes to harmonize FMVSS No. 305 with the revised FMVSS No. 301, as regards rear moving barrier impact test conditions. This rulemaking commenced in response to a petition from the Alliance of Automobile Manufacturers.

This document, together with a companion final rule; technical amendments; response to petitions; published in today's edition of the Federal Register, addresses issues raised in petitions received in response to a December 2004 final rule that updated the Federal motor vehicle safety standard on brake hoses, and a related petition for rulemaking. In that rule, we incorporated updated versions of substantive specifications of several Society of Automotive Engineers (SAE) Recommended Practices relating to hydraulic brake hoses, vacuum brake hoses, air brake hoses, plastic air brake tubing, and end fittings. In this NPRM, we respond to some issues raised in the petitions and propose a number of amendments to the brake hose rule in response to the petitions. In the companion document, we deny several of the petitions and also correct typographical errors in, and inadvertent omissions from, the December 20, 2004 final rule.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval of a new information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on November 28, 2006, vol. 71, no. 228, page 68881. The New England Region Aviation Expo database performs conference registration and helps plan the logistics and non-pilot courses for the expo.

The FAA proposes to adopt a new airworthiness directive (AD) for Honeywell International Inc. ATF3-6 and ATF3-6A series turbofan engines equipped with a certain part number (P/N) low pressure compressor (LPC) aft shaft. This proposed AD would require removing from service those LPC aft shafts and installing a serviceable LPC aft shaft. This proposed AD results from reports of eight LPC aft shafts found cracked during fluorescent penetrant inspection (FPI). We are proposing this AD to prevent uncoupling and overspeed of the low pressure turbine, which could result in uncontained engine failure and damage to the airplane.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

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.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

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 is correcting airworthiness directive (AD) 2007-19-10. That AD applies to Rolls-Royce plc RB211 Trent 500 series turbofan engines. We published that AD in the Federal Register on September 18, 2007 (72 FR 53108). The compliance limit of 2,190 cycles-since-new is incorrect in two places. This document corrects that compliance limit to 2,910 cycles-since-new. In all other respects, the original document remains the same.

The Board has approved the fourth quarter 2007 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2007 RCAF (Unadjusted) is 1.280. The fourth quarter 2007 RCAF (Adjusted) is 0.595. The fourth quarter 2007 RCAF-5 is 0.565.

The FAA is superseding two existing airworthiness directives (ADs). One AD applies to all Airbus Model A319 and A320 airplanes and currently requires repetitive ultrasonic inspections to detect fatigue cracking in the wing/fuselage joint cruciform fittings, and corrective actions if necessary. The other AD applies to all Airbus Model A319, A320, and A321 airplanes and currently requires a revision to the Airworthiness Limitations section (ALS) of the Instructions for Continued Airworthiness (ICA). This new AD requires new revisions to the ALS of the ICA to incorporate service life limits for certain items and inspections to detect fatigue cracking, accidental damage, or corrosion in certain structures; and accomplishment of the repetitive ultrasonic inspections of the wing/fuselage joint cruciform fittings in accordance with the revised ALS of the ICA. This AD also adds airplanes to the applicability. This AD results from issuance of new and more restrictive service life limits and structural inspections based on fatigue testing and in-service findings. We are issuing this AD to detect and correct fatigue cracking, accidental damage, or corrosion in principal structural elements and to prevent failure of certain life limited parts, which could result in reduced structural integrity 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 Federal Transit Administration (FTA) and the New Jersey Transit Corporation (NJ TRANSIT) intend to prepare an Environmental Impact Statement to study the restoration of rail passenger service on the Northern Branch rail corridor between North Bergen, Hudson County, and Tenafly, Bergen County. The EIS will be prepared in accordance with the National Environmental Policy Act (NEPA: 42 U.S.C. 4321 et seq.) of 1969 and the regulations implementing NEPA set forth in 40 CFR Parts 1500-1508 and 23 CFR Part 771, as well as provisions of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The purpose of this Notice is to alert interested parties regarding the plan to prepare the EIS, to provide information on the nature of the proposed transit project, to invite participation in the EIS process, including comments on the scope of the EIS proposed in this notice, and to announce that public scoping meetings will be conducted. This notice supersedes the FTA notice of June 18, 2001 entitled ``Major Investment Study/Draft Environmental Impact Statement for the Northern Branch Corridor, Bergen County, New Jersey.''

The Federal Transit Administration (FTA) and Valley Metro Rail, Inc. (METRO) intend to prepare an Alternatives Analysis (AA)/ Environmental Impact Statement (EIS) and Section 4(f) Evaluation on proposed high capacity transit improvements, including a potential light rail transit (LRT) line and/or bus rapid transit (BRT) in the Interstate 10 (I-10) West study area between the Central Phoenix/East Valley LRT Starter Line on Central Avenue and State Route 101 extending through the cities of Phoenix and Tolleson in Maricopa County, Arizona. The proposed study area is bounded by State Route 101 on the west; Thomas Road on the north; 7th Street on the east; and Buckeye Road on the south. Transit improvements and alignments within the I-10 right- of-way will be considered among the alternatives. The AA/EIS will be prepared in accordance with the requirements of the National Environmental Policy Act (NEPA), 40 CFR parts 1500-1508, and its implementing regulations. The AA/EIS process will be initiated with a scoping process that provides opportunities for the public to comment on the scope of the project and proposed alternatives to be considered in the AA and Draft Environmental Impact Statement (DEIS). This input will be used to assist decisionmakers in determining a locally preferred alternative (LPA) for the I-10 West Corridor. After the completion of the DEIS and upon selection of an LPA, METRO will request permission from FTA to enter into preliminary engineering per requirements of New Starts regulations 49 CFR part 611. The Final Environmental Impact Statement (FEIS) will be issued after FTA approves entrance into preliminary engineering. The purpose of this notice is to alert interested parties regarding the intent to prepare the AA/EIS and Section 4(f) Evaluation, to provide information on the nature of the proposed project and possible alternatives, to invite public participation in the AA/EIS process, including comments on the scope of the alternatives proposed in this notice, to announce that public scoping meetings will be conducted, and to identify participating agency contacts.

The FAA is issuing this notice to advise the public that a meeting of the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATPAC) will be held to review present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

On July 2, 2007, FRA approved for release and agency and public review the Draft Program Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) for the Bay Area to Central Valley portion of the California High Speed Rail Authority's (Authority) proposed High Speed Train Program for the State of California. FRA is the lead federal agency on the environmental review in accordance with the National Environmental Policy Act (NEPA) and the Authority is the project sponsor and lead agency for the California Environmental Quality Act review. In releasing the Draft Program EIR/ EIS, FRA and the Authority established a 70-day public comment period that was scheduled to end on September 28, 2007. The public was notified of the 70-day comment period through a variety of avenues, including newspaper publications, information included on both agencies' Web sites, at public hearings held throughout the affected area, and through the U.S. Environmental Protection Agency's weekly Federal Register publication (72 FR 39808, July 20, 2007), which noted the availability of the Draft Program EIR/EIS, identified as EIS No. 20070303. At its September 26, 2007 board meeting, the Authority considered a number of public requests to extend the comment period and decided to accept comments until noon on October 26, 2007. FRA agrees with the Authority that this extension will facilitate public participation and is extending the comment period for NEPA purposes to October 26, 2007 as well.

The Federal Transit Administration (FTA) and the Los Angeles County Metropolitan Transportation Authority (LACMTA) issue this early scoping notice to advise other agencies and the public that they intend to explore, in the context of the Council on Environmental Quality's early scoping process, alternative means of improving transit capacity and service in the Westside Extension Transit Corridor of Los Angeles, California. The early scoping process is part of a planning Alternatives Analysis (AA) required by 49 United States Code (U.S.C.) 5309, that will lead to the selection of a Locally Preferred Alternative by the LACMTA Board and Southern California Association of Governments (SCAG). Early scoping meetings have been planned and are announced below. The Westside Extension Transit Corridor is east-west oriented and includes portions of five jurisdictions: the cities of Los Angeles, West Hollywood, Beverly Hills, Santa Monica, as well as portions of unincorporated County of Los Angeles. The study area generally extends north to the base of the Santa Monica Mountains along Hollywood, Sunset and San Vicente Boulevards, east to the Metro Rail stations at Hollywood/Highland and Wilshire/Western, south to Pico Boulevard, and west to the Pacific Ocean. The Alternatives Analysis will study transit extensions from the terminus of the Metro Rail Purple Line at the Wilshire/Western station or the Metro Rail Red Line at the Hollywood/ Highland station to downtown Santa Monica. After planning the Alternatives Analysis and selection of a Locally Preferred Alternative (LPA), the LPA will then be the subject of the appropriate environmental review under the National Environmental Policy Act (NEPA). If the selected LPA would have significant impacts, an environmental impact statement (EIS), combined with a California environmental impact report (EIR) would be initiated with a Notice of Intent in the Federal Register and final public scoping of the EIS/EIR. In particular, the purpose and need for the project, the range of alternatives to be considered in the EIS/EIR, the environmental and community impacts to be evaluated, and the methodologies to be used, would be subject to public and interagency review and comment, in accordance with 23 U.S.C. 139.