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

This document announces the scheduling of a teleconference by the National Safe Routes to School Task Force to the Secretary of Transportation. The purpose of the Task Force is to advise the Secretary of Transportation, through the Federal Highway Administration (FHWA) Office of Safety, on strategies to advance Safe Routes to School (SRTS) Programs nationwide and to encourage children, including those with disabilities, to walk and bicycle to school pursuant to section 1404(h) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, Aug. 10, 2005). During this teleconference, the Task Force will discuss their draft report to the Secretary.

This document announces the availability of the final rule entitled Flight Simulation Training Device Initial and Continuing Qualification and Use, which went on public inspection at the Office of the Federal Register April 30, 2008, and will be published in the Federal Register on May 9, 2008.

PHMSA is amending the Hazardous Materials Regulations (HMR) to permit certain fuel cell cartridges and fuel cell systems designed for portable electronic devices to be transported by passengers and crew in carry-on baggage on board passenger-carrying aircraft. Fuel cell cartridges and fuel cell systems are an emerging energy technology developed to provide a more efficient, longer-lasting, and renewable power source for electrically operated equipment. This final rule prescribes regulations for transporting fuel cells containing flammable liquids, including methanol; formic acid; certain borohydride materials; or butane that meet certain performance and consumer use standards. PHMSA is issuing this final rule in cooperation with the Federal Aviation Administration (FAA).

The Federal Aviation Administration published in the Federal Register of February 21, 2008 (73 FR 9448), a document establishing Class E airspace at Dover-Foxcroft, ME. This action confirms the effective date of a direct final rule that establishes Class E Airspace at Dover-Foxcroft, ME 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 Mayo Regional Hospital Heliport and technically corrects the omission of the word ``heliport'' from the name of Mayo Regional Hospital Heliport.

This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9440) that establishes Class E Airspace at Bridgton, ME 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 Bridgton Hospital.

This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9447) that establishes Class E Airspace at Carrabassett, ME 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 Sugarloaf Regional Airport.

This document amends 49 CFR Part 565, Vehicle Identification Number Requirements, to make certain changes in the 17-character vehicle identification number (VIN) system so that the system will remain viable for at least another 30 years. This rule was initiated by a petition from SAE International (formerly known as the Society of Automotive Engineers), which was concerned that the available supply of VINs, and particularly the manufacturer identifier part of the VIN, might run out. This final rule will ensure that there will be a sufficient number of unique manufacturer identifiers and VINs to use for at least another 30 years.

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:

Under the provisions of Title 49, U.S.C. Section 47153 (c), notice is being given that the FAA is considering a request from the City of Griffin to waive the requirement that approximately .649acres of aeronautical property, located at the Griffin-Spalding County Airport, be used for aeronautical purposes.

On October 30, 2007, the Canadian National Railway Company (CN) and Grand Trunk Corporation (collectively CN or the Applicants) filed an application with the Surface Transportation Board (Board or STB) seeking the Board's approval to acquire control of EJ&E West (EJ&EW) Company, a wholly owned noncarrier subsidiary of the Elgin, Joliet and Eastern Railway Company\1\ (EJ&E). In their application, Applicants state that they plan to construct six new rail connections and approximately 19 miles of siding extensions and second mainline track (double track). EJ&E is a Class II railroad that currently operates approximately 200 miles of track in northeastern Illinois and northwestern Indiana.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 series airplanes. The existing AD currently requires repetitive inspections for cracking and corrosion of all exposed surfaces of the carriage spindles (including the inner bore and aft links) of the trailing edge flaps, and additional inspection and corrective action if necessary. The existing AD also requires repetitive overhaul of the carriage spindle and aft link, which terminates the repetitive inspections. This proposed AD would add a repetitive inspection to detect broken parts, and revise the overhaul threshold and repetitive intervals. This proposed AD results from analysis that showed additional inspections should be done to prevent the loss of a flap, and that the flight-hour- based interval should be revised to a flight-cycle-based interval, because the greatest loads on the spindles happen during takeoff and landing. We are proposing this AD to detect and correct failed carriage spindles or aft links for the inboard or outboard trailing edge flaps. Such failure could cause the flap to depart the airplane, reducing the flightcrew's ability to maintain the safe flight and landing of the airplane.

The FAA is adopting a new airworthiness directive (AD) to supersede AD 2003-06-01, which applies to all Air Tractor, Inc. (Air Tractor) Models AT-300, AT-301, AT-302, and AT-400A airplanes that have aluminum spar caps; certain Air Tractor Models AT-400 airplanes that have aluminum spar caps; and all Models AT-300 and AT-301 airplanes that have aluminum spar caps and are or have been converted to turbine power. AD 2003-06-01 requires replacing the wing spar lower caps at a specified safe life limit; allows extending the safe life limit on certain airplanes if a wing lower spar cap splice rework is done; allows a limited time of continued operation beyond the safe life limit provided parts are ordered, the replacement is scheduled, and repetitive inspections reveal no cracks; and requires a report of any cracks found during any inspection to the FAA. This AD results from a recent report of cracks found on a Model AT-301 airplane at hours below the modification time specified in AD 2003-06-01. Consequently, this AD retains the wing spar lower cap replacement and reporting requirements from AD 2003-06-01 and adds a repetitive eddy-current inspection. We are issuing this AD to detect and correct cracks in the wing centerline splice joint. If not detected and corrected, these cracks could result in the wing separating from the airplane during flight.

We are adopting a new airworthiness directive (AD) for the specified Agusta S.p.A. (Agusta) model helicopters. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority to identify and correct an unsafe condition on an aviation product. The European Aviation Safety Agency (EASA), the Technical Agent for Italy, with which we have a bilateral agreement, states in the MCAI:

The FAA's Aviation Safety, an organization responsible for the certification, production approval, and continued airworthiness of aircraft, and certification of pilots, mechanics, and others in safety related positions, publishes proposed non-regulatory documents that are available for public comment on the Internet at https://www.faa.gov/ aircraft/draftdocs/.

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.

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 SR 519 Intermodal Access ProjectPhase 2: Atlantic Corridor, in the State of Washington. Those actions grant licenses, permits, and approvals for the project.

The FAA is issuing this notice to advise the public of a meeting of RTCA Government/Industry Air Traffic Management Advisory Committee.

FMCSA announces its decision to exempt fifty-six 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.

FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 8 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 for these commercial motor vehicle (CMV) drivers.