Department of Transportation February 2008 – Federal Register Recent Federal Regulation Documents

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 216: Aeronautical Systems Security.

This action establishes Class E airspace at Lexington, OK. New Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Muldrow Army Heliport make this action necessary. This action will enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Muldrow Army Heliport, Lexington, OK.

This action amends the using agencies for restricted areas R- 5303A, B, and C, Camp Lejeune, NC; R-5304A, B, and C, Camp Lejeune, NC; and R-5306A, C, D, and E, Cherry Point, NC, to reflect current organizational assignments and geographic responsibilities. This is an administrative change that does not alter the boundaries, designated altitudes, time of designation, or activities conducted within the restricted areas.

This notice lists the location and time of the ninth meeting of the National Surface Transportation Infrastructure Financing Commission.

The FAA is correcting typographical errors in three existing airworthiness directives (ADs) that were published in the Federal Register on January 8, 2008 (73 FR 1269); January 7, 2008 (73 FR 1052); and January 7, 2008 (73 FR 1055). The errors resulted in incorrect docket numbers. One AD applies to all Viking Air Limited Model (Caribou) DHC-4 and (Caribou) DHC-4A airplanes. The other two ADs apply to all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747- 200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. The Viking Air AD requires doing a fluorescent penetrant inspection for cracking of certain upper engine mount bracket assemblies, and corrective actions if necessary. One of the Boeing ADs requires revising the FAA-approved maintenance inspection program to include inspections that will give no less than the required damage tolerance rating for each structural significant item, and repair of cracked structure. The other Boeing AD requires implementing a corrosion prevention and control program.

The Federal Aviation Administration (FAA) is amending the Order Limiting Scheduled Operations at John F. Kennedy International Airport that published in the Federal Register on January 18, 2008. This amendment corrects technical errors in the Order. Specifically, this amendment clarifies that the use-or-lose provisions of the Order will mirror the IATA Worldwide Scheduling Guidelines; changes the office within the FAA responsible for handling appeals from the Air Traffic Organization to the Office of the Chief Counsel; and provides for a five-day notification period in the event a carrier transfers an operation within a marketing code for irregular operations. This document also clarifies several aspects of the Order without substantively changing the applicable requirements.

This action establishes Class E Airspace at Cranberry Township, PA to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the University of Pittsburgh Medical Center (UPMC) Passavant-Cranberry Heliport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations by providing that required controlled airspace to protect for this approach around Cranberry Township, PA.

This action established Class E Airspace at Seneca, PA to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the University of Pittsburg Medical Center (UPMC) Northwest Heliport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations by providing that required controlled airspace to protect for this approach around Seneca, PA.

This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for all Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. That NPRM invites comments concerning the proposed requirements for revising the FAA-approved maintenance inspection program to include inspections that will give no less than the required damage tolerance rating for each structural significant item (SSI), doing repetitive inspections to detect cracks of all SSIs, and repairing cracked structure. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM.

The Board is seeking comments on the use of a multi-stage Discounted Cash Flow Model to complement the use of the Capital Asset Pricing Model in determining the railroad industry's cost of capital.

In accordance with 49 CFR 222.51(c), FRA is providing notice of its intent to review the New Quiet Zone that has been established in Little Falls, MN. According to recent quiet zone risk calculations, the Quiet Zone Risk Index (QZRI) for the New Quiet Zone in Little Falls has undergone a dramatic increase and is now at a level above the Risk Index With Horns (RIWH). As it appears that safety systems and measures implemented within the quiet zone do not fully compensate for the absence of the locomotive horn due to a substantial increase in risk, FRA intends to review existing conditions within the New Quiet Zone to determine whether the quiet zone should be terminated or whether additional safety measures may be necessary to ensure motorist safety.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comments. The ICRs describe the nature of the information collections and their expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the following collections of information was published in the Federal Register on November 30, 2007 [72 FR 67782] under Docket No. PHMS-2007- 27181 (Notice No. 07-11). No comments pertaining to the renewal of these information collections were received.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

We propose to adopt a new airworthiness directive (AD) for all Boeing Model 747 airplanes listed above. This proposed AD would require repetitive inspections for broken or missing fasteners in the single- row hinge fasteners of the forward and aft cargo doors, and related investigative/corrective actions. This proposed AD results from reports of broken and missing fasteners in the hinges of the forward and aft cargo doors in both the body hinge segments and the door hinge segments. We are proposing this AD to detect and correct broken or missing fasteners in the hinge segments with a single fastener row, which could lead to opening of the cargo door during flight and result in rapid decompression of the airplane.

Human factors are the leading cause of train accidents, accounting for 38 percent of the total in 2005. Human factors also contribute to employee injuries. This final rule establishes greater accountability on the part of railroad management for administration of railroad programs of operational tests and inspections, and greater accountability on the part of railroad supervisors and employees for compliance with those railroad operating rules that are responsible for approximately half of the train accidents related to human factors. Additionally, this final rule will supplant Emergency Order 24, which requires special handling, instruction and testing of railroad operating rules pertaining to hand-operated main track switches in non- signaled territory. Finally, an appendix has been added to 49 CFR part 218 to provide guidance for remote control locomotive operations that utilize technology in aiding point protection.

The FAA proposes to rule and invites public comment on the release of land at Monroe Regional Airport under the provisions of title 49, U.S.C. section 47153(c).

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

The Alaska Railroad Corporation (ARRC) plans to file a petition with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate approximately 30 to 45 miles of new rail line connecting the Matanuska-Susitna Borough's Port MacKenzie (or Port) in south-central Alaska to a point on the ARRC main line between Wasilla and north of Willow, Alaska. The proposed Port MacKenzie Rail Extension (or Project) would provide freight services between the Port and Interior Alaska and would support the Port's continuing development as an intermodal and bulk material resources export and import facility. The Port is owned by the Matanuska-Susitna Borough (MSB) and MSB is a co-sponsor of the Project. Because the construction and operation of this Project has the potential to result in significant environmental impacts, the Board's Section of Environmental Analysis (SEA) has determined that the preparation of an Environmental Impact Statement (EIS) is appropriate pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.). The purpose of this Notice of Intent is to notify individuals and agencies interested in or affected by the proposed Project of the decision to prepare an EIS. SEA will hold public scoping meetings as part of the NEPA process associated with the development of the EIS. Additionally, as part of the scoping process, SEA has developed a draft Scope of Study for the EIS for review and comment. Public meeting dates and locations, along with the draft Scope of Study, are provided herein. Dates and Locations: The public scoping meetings will be held at the following locations: March 3, 2008, 5-8 p.m. at Knik Elementary School, 6350 West Hollywood, Wasilla, AK. March 4, 2008, 5-8 p.m. at Big Lake Elementary School, 3808 South Big Lake Road, Big Lake, AK. March 5, 2008, 5-8 p.m. at Willow Area Community Center, Mile 70 Parks Highway, Willow, AK. March 6, 2008, 5-8 p.m. at Houston Middle School, 12801 W. Hawk Lane, Houston, AK. March 10, 2008, 5-8 p.m., at Wasilla Multi-Use Sports Complex, 1001 S. Mack Drive, Wasilla, AK. March 11, 2008, 5-8 p.m. at Anchorage Senior Center, 1300 East 19th Avenue, Anchorage, AK. The scoping meetings will be held in an informal workshop format during which interested persons may ask questions about the proposed Project and the Board's environmental review process, and advise SEA staff about potential environmental effects of the Project. No formal presentations will be made by agency representatives. SEA staff will be available to answer questions and receive comments individually. The meeting locations comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Persons that need special accommodations should telephone SEA's toll-free number for the Project at 1-888-257-7560. Interested parties are invited to submit written comments on the draft Scope of Study, alternative routes for the proposed rail line, and other environmental issues and concerns by March 21, 2008, to assure full consideration during the scoping process. SEA will issue a final Scope of Study after the close of the scoping comment period. Summary of the Board's Environmental Review Process: The NEPA process is intended to assist the Board and the public in identifying and assessing the potential environmental consequences of a proposed action before a decision on the proposed action is made. SEA is responsible for ensuring that the Board complies with NEPA and related environmental statutes. The first stage of the EIS process is scoping. Scoping is an open process for determining the scope of environmental issues to be addressed in the EIS. As part of the scoping process, SEA has developed, and has made available in this notice, a draft Scope of Study for the EIS. Concurrently, scoping meetings will be held to provide further opportunities for public involvement and input during the scoping process. In addition to the Scope of Study, interested parties are also encouraged to comment on potential routes for the proposed Project. SEA is currently considering eight alternative routes that have been identified by MSB and ARRC. At the conclusion of the scoping and comment period, SEA will issue a final Scope of Study for the EIS. After issuing the final Scope of Study, SEA will prepare a Draft EIS for the Project. The Draft EIS will address the environmental issues and concerns identified during the scoping process. It will also contain SEA's preliminary recommendations for environmental mitigation measures. The Draft EIS will be made available upon its completion for review and comment by the public, government agencies, and other interested parties. SEA will prepare a Final EIS that considers comments on the Draft EIS. In reaching its decision in this case, the Board will take into account the Draft EIS, the Final EIS, and all environmental comments that are received. SEA has recently invited several agencies to participate in this EIS process as cooperating agencies on the basis of their special expertise or jurisdiction by law. These agencies include: U.S. Army Corps of EngineersAlaska District; Alaska Department of Natural Resources; and U.S. Department of Transportation, Federal Railroad Administration. Filing Environmental Comments: Comments submitted by mail should be addressed to: David Navecky, Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, Attention: Environmental Filing, STB Finance Docket No. 35095. Comments may also be filed electronically on the Board's Web site, https://www.stb.dot.gov, by clicking on the ``E-FILING'' link. Please refer to STB Finance Docket No. 35095 in all correspondence, including e-filings, addressed to the Board. Comments are due by March 21, 2008.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

This notice announces the membership and the first meeting of the National Task Force to Develop Model Contingency Plans to Deal with Lengthy Airline On-Board Ground Delays.