Department of Transportation November 9, 2007 – Federal Register Recent Federal Regulation Documents

FRA is issuing this notice to advise the public that it will jointly prepare an environmental impact statement (EIS) with the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC) to assess the proposed Expanded Moynihan/Penn Station Redevelopment Project (the project) in New York City. The project is a comprehensive public/private development initiative to adaptively reuse the historic James A. Farley Building and the Western Annex (collectively referred to as the Farley Complex) as a new train station (Moynihan West) and relocated Madison Square Garden, to reconstruct critical station and circulation elements at the existing Pennsylvania Station (Penn Station) referred to herein as Moynihan East, and to implement transit-oriented private development. FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by ESDC and its representatives will be considered in the preparation of the EIS. The EIS will be prepared in accordance the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the applicable regulations implementing NEPA as set forth in 40 CFR 1500-1508, FRA's Procedures for Considering Environmental Impacts found at 64 FR 28545 (May 26, 1999), and the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations found at 6 New York Code of Rules and Regulations Part 617. The EIS will also address as necessary Section 106 of the National Historic Preservation Act, Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 U.S.C. 303) (DOT Act) and other applicable federal and state laws and regulations. The EIS will evaluate a ``Preferred Alternative,'' a ``No Action Alternative'' and various build alternatives that modify elements of the Preferred Alternative. There are two options under consideration for the Preferred Alternative. Under either of these options, the development of the Project would occur at the Farley Complex (Block 755) owned by ESDC and bounded by Ninth Avenue to the west, Eighth Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Penn Station Block (Block 781) bounded by Eighth Avenue to the west, Seventh Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Railroad Service Building (Block 780, Lot 60) located mid-block on West 31st Street across the street from Penn Station; the eastern and western portions of the One Penn Plaza Block (Block 783) bounded by Eighth and Seventh Avenues and West 33rd to West 34th Streets; and the United States Postal Service (USPS) Morgan Facility and Annex located on two full blocks (Blocks 726 and 727) bounded by Tenth Avenue to the west, Ninth Avenue to the east and between West 28th and West 30th Streets ESDC may also acquire properties on one or more blocks immediately adjacent to the Penn Station Block to facilitate the construction of a loading dock and other support facilities for Moynihan Station, and to otherwise further the goals of the project. In addition, under one of the two options being considered, the City of New York would establish a new zoning subdistrict (the Subdistrict Option). This Subdistrict Option would allow development rights from the Penn Station Block to be transferred under certain specified conditions to receiving sites located within the subdistrict and at prescribed maximum floor areas. It is anticipated that the boundaries of the proposed subdistrict would include approximately 20 city blocks surrounding the Penn Station Block, extending as far south as West 28th Street, as far north as West 36th Street, as far east as within 200 feet west of Fifth Avenue, and as far west as 200 feet west of Ninth Avenue. In a related zoning action to be examined in the EIS, the City, in connection with the Subdistrict Option only, has proposed to change the underlying zoning classifications for a number of lots or blocks within the proposed subdistrict from manufacturing and commercial uses (M1-5, M1-6, C6-3X, C6-4X and C6-4M) to C6-4. This zoning change, if adopted by the City, would allow residential uses in certain areas where such uses are not currently permitted by zoning.

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 a proposed highway project, the Newberg Dundee Transportation Improvement Project (Tier 1), Oregon 99W, extending approximately 11 miles from the eastern terminus east of Newberg in the Rex Hill area, to the western terminus where Oregon 99W intersects with OR18 (McDougal Corner) west of Dundee, near Dayton in the County of Yamhill, State of Oregon. The Federal actions, taken as a result of a tiered environmental review process under the National Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and implementing regulations on tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR part 771, determined certain issues related to the proposed project. Those Tier 1 decisions will be used by Federal agencies in subsequent proceedings, including decisions whether to grant licenses, permits, and approvals for the highway project. Tier 1 decisions also may be relied upon by State and local agencies in proceedings on the proposed project.

The FAA proposes to supersede an existing airworthiness directive (AD) for PW JT9D-7R4 series turbofan engines. That AD currently requires removing certain reduced cooling flow 2nd stage high pressure turbine (HPT) vane assemblies installed in certain 2nd stage HPT vane cluster assemblies. It also requires a visual and a fluorescent penetrant inspection (FPI) of the 2nd stage HPT air seal assembly, P/N 815097. This proposed AD would require a visual and fluorescent penetrant inspection (FPI) of all part number (P/N) 2nd stage HPT air seal assemblies that were used with reduced cooling flow 2nd stage HPT vane assemblies. This proposed AD results from the manufacturer identifying additional P/N air seal assemblies that are affected by the unsafe condition. We are proposing this AD to prevent uncontained failure of the 2nd stage HPT air seal assembly, leading to engine in-flight shutdown and damage to the airplane.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A310 series airplanes. The existing AD currently requires modification of certain wires in the right-hand (RH) wing. This proposed AD would require further modification by installing an additional protection sleeve and segregating route 2S in the RH pylon area. This proposed AD results from analysis of wire routing that revealed that route 2S of the fuel electrical circuit, located in the RH wing, does not provide adequate separation of fuel quantity indication wires from wires carrying 115- volt alternating current (AC). We are proposing this AD to ensure that fuel quantity indication wires are properly separated from wires carrying 115-volt AC. Improper separation of such wires, in the event of wire damage, could lead to a short circuit and a possible ignition source, which could result in a fire in the airplane.

As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, are listed below. The complete application is given in DOT docket MARAD-2007-0009 at https:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S. vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2003 BMW C1 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection abstracted below will be submitted to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as 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. No comments were received.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a proposed bridge project in Worcester County, 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.