Department of Transportation 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.

This action revises VOR Federal Airway 363 (V-363) between the Mission Bay, CA, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) and the Pomona, CA, VORTAC. Specifically, the FAA is making this realignment to provide a southwestern route structure to circumnavigate the Camp Pendleton, CA, range complex.

This final rule amends FAA regulations for certification and operations of transport category airplanes. These changes are necessary to help ensure continued safety of commercial airplanes. They improve the design, installation, and maintenance of airplane electrical wiring systems and align those requirements as closely as possible with the requirements for fuel tank system safety. This final rule organizes and clarifies design requirements for wire systems by moving existing regulatory references to wiring into a single section of the regulations specifically for wiring and by adding new certification rules. It requires holders of type certificates for certain transport category airplanes to conduct analyses of their airplanes and make necessary changes to existing Instructions for Continued Airworthiness (ICA) to improve maintenance procedures for wire systems. It requires operators to incorporate ICA for wiring into their maintenance or inspection programs. And finally, this final rule clarifies requirements of certain existing rules for operators to incorporate ICA for fuel tank systems into their maintenance or inspection programs.

On August 7, 2007, the FAA proposed amendments to the December 12, 2006, order (the Order) that temporarily limits flight operations at New York's LaGuardia Airport (LaGuardia). Under the Order, the FAA limited scheduled and unscheduled operations at the airport to prevent congestion-related delays associated with LaGuardia's limited runway capacity. The FAA is issuing amendments to the Order as proposed with little modification.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 15, 2007, vol. 72, no. 157, pages 45861-45862. The FAA collects information from airport sponsors and planning agencies in order to administer the Airports Grants Program.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 15, 2007, vol. 72, no. 157, page 45864. FAR Part 43 prescribes the rules governing maintenance, rebuilding, and alteration of aircraft and aircraft components, and is necessary to ensure this work is performed by qualified persons, and at proper intervals.

This document confirms the effective date of the direct final rule which revises Class E airspace at Poplar Bluff, MO.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment. The FMCSA requests approval to revise an ICR entitled, ``Motor Carrier Identification Report,'' which is used to identify FMCSA regulated entities, help prioritize the agency's activities, aid in assessing the safety outcomes of those activities, and for statistical purposes.

The Maritime Administration announces the extension of the Voluntary Intermodal Sealift Agreement (VISA) until October 1, 2009, pursuant to the Defense Production Act of 1950, as amended. The purpose of the VISA is to make intermodal shipping services/systems, including ships, ships' space, intermodal equipment and related management services, available to the Department of Defense as required to support the emergency deployment and sustainment of U.S. military forces. This is to be accomplished through cooperation among the maritime industry, the Department of Transportation and the Department of Defense.

FMCSA may not issue a hazardous materials safety permit to a motor carrier that has a crash rate, driver, vehicle or hazardous material out-of-service rate in the top 30 percent of the national average pursuant to 49 CFR 385.407. This document states the FMCSA policy on calculating motor carrier crash rates, and driver, vehicle, and hazardous material out-of-service rates that represent the top 30 percent of the national average as indicated in the Motor Carrier Management Information System (MCMIS). The document explains how FMCSA calculates the top thirty percent of the national average and how it calculates whether a single motor carrier falls within the top thirty percent of the national average in each of these categories. The document restates without change the FMCSA policy that has been publicly available on its Web site since January 2005.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for approval. The Federal Register Notice with a 60-day comment period soliciting comments was published on August 24, 2007. No comments were received in response to that notice.

FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 25 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comments submitted in response to the previous announcement and concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions by these drivers.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 213, Enhanced Flight Vision Systems/ Synthetic Vision System, (EFVS/SVS).

This document grants in full the Chrysler, LLC, (Chrysler) petition for exemption of the Jeep Wrangler 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).

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: