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

The Federal Transit Administration (FTA) and the Connecticut Department of Transportation (ConnDOT), in cooperation with the Southwest Regional Planning Agency and Housatonic Valley Council of Elected Officials, intend to prepare an Environmental Impact Statement (EIS) on proposed commuter rail transit service and infrastructure improvements along the New Haven Line, Danbury Branch Rail Line in Connecticut. The New York Metropolitan Transportation Authority's Metro North Railroad operates the New Haven Rail Line service for ConnDOT and is a cooperating agency in the EIS process. The EIS will be prepared in accordance with the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations by the Council on the Environmental Quality (40 CFR parts 1500-1508) and FTA/FHWA (23 CFR 771), as well as provisions of section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Draft EIS will be combined with the planning Alternatives Analysis required by Federal Transit law [49 U.S.C. 5309(a)] for projects proposed for New Starts or Small Starts funding. The purpose of this notice is to alert interested parties regarding the intent to prepare the EIS, to provide and solicit information on the nature of the proposed project and possible alternatives, to invite public participation in the NEPA process (including providing comments on the scope of the EIS), and to announce that three public scoping meetings will be conducted.

The Federal Government has an important role to play in facilitating and accelerating transportation-related capacity and operational improvements at international land border crossings that will improve border travel times and help reduce associated national and regional economic costs. To fulfill this role and to encourage the greater use of non-traditional transportation project finance, delivery, and facility operation mechanisms at the Nation's critical international land border crossings, the DOT is soliciting applications from interested international land border States, bridge and tunnel operators, and private entities to participate in the Transportation Border Congestion Relief (TBCR) Program. The goal of the TBCR Program is to identify and assist international land border States with implementing innovative solutions to help address land border travel time delay and facilitate trade and travel without compromising the vital mission of securing America's borders. The DOT intends to select two or more surface transportation projects, a minimum of one on the U.S./Mexico border and one on the U.S./Canada border, which can help improve border travel times.

This action revises Class E airspace at St. Mary's, AK, to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Two new SIAPs are being developed for the St. Mary's Airport. Additionally, four SIAPs are being amended. This action revises existing Class E airspace upward from the surface and from 700 feet (ft.) above the surface at St. Mary's Airport, St. Mary's, AK.

This action establishes four low altitude Area Navigation (RNAV) T-routes, designated T-257, T-259, T-261 and T-263, in the Sacramento and San Francisco, CA, terminal areas. T-routes are low altitude Air Traffic Service (ATS) routes, based on RNAV, for use by aircraft having instrument flight rules (IFR)-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The FAA is taking this action to enhance safety and improve the efficient use of the navigable airspace in the Sacramento and San Francisco, CA, terminal areas.

On February 27, 2003, Southwest Gulf Railroad Company (SGR) filed a petition with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate a rail line approximately seven miles long from a Vulcan Construction Materials, LP (VCM) proposed limestone quarry to a Union Pacific Railroad Company (UP) rail line near Dunlay, Texas. SGR proposed construction and operation of the rail line to transport limestone aggregate from VCM's proposed quarry to the UP rail line. SGR anticipates operating approximately four trains per day (comprising two inbound empty and two outbound loaded trains). Each train would consist of 100 railcars. The Board's Section of Environmental Analysis (SEA) has prepared the FEIS was pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 United States Code (U.S.C.) 4231 et seq. Under NEPA, the Board must consider the environmental impacts of actions requiring Board authorization and complete its environmental review before making a final decision on a proposed action. SEA is the office within the Board that carries out the Board's responsibilities and related environmental laws and regulations, including the Council on Environmental Quality's (CEQ) regulations for implementing NEPA at 40 CFR Part 1500; the Board's environmental regulations at 49 CFR Part 1105; and the Section 106 National Historic Preservation Act of 1966 (NHPA) process.

The FAA is superseding an existing airworthiness directive (AD) for RR RB211 Trent 553-61, 553A2-61, 556-61, 556A2-61, 556B-61, 556B2-61, 560-61, and 560A2-61 turbofan engines. That AD currently requires removing certain serial-numbered intermediate pressure compressor (IPC) drums, part number (P/N) FK30102. This AD requires removing those same IPC drums, and requires a new reduced life limit for all other IPC drums, P/N FK30102. This AD results from an RR engineering assessment that it is necessary to reduce the cyclic lives of the other drums with the same P/N. We are issuing this AD to prevent uncontained loss of IPC stage 1 blades, which could result in damage to the airplane.

This action proposes to revise Class E airspace at Kivalina, AK. Two Standard Instrument Approach Procedures (SIAPs) are being amended for the Kivalina Airport at Kivalina, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Kivalina Airport, Kivalina, AK.

This action realigns the internal boundaries and amends the time of designation and using agency title for restricted areas R- 5314A, B, C, D, E, and F; amends the time of designation and using agency title for R-5314H and J; and revokes R-5314G. The FAA is taking this action to enhance the safety and operational efficiency of the Dare County Range.

This action proposes to revise Class E airspace at Prospect Creek, AK. Three Special Standard Instrument Approach Procedures (SIAPs) are being developed for the Prospect Creek Airport at Prospect Creek, AK. Additionally, two Special SIAPs and a Special textual Obstacle Departure Procedure (ODP) are being amended. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Prospect Creek Airport, Prospect Creek, AK.

This action withdraws the notice of proposed rulemaking (NPRM) published in the Federal Register on February 19, 2008. The FAA proposed to establish Class E airspace at the White Hills Airstrip, AK, to support the installation of instrument approach procedures. The FAA has since been advised by the proponent that the airstrip will not be used for instrument approaches in the near term. Therefore, the FAA has determined that withdrawal of the proposed rule is warranted.

This action proposes to establish Class E airspace at Eek, AK. Two Standard Instrument Approach Procedures (SIAPs) and a textual Obstacle Departure Procedure (ODP) are being developed for the Eek Airport at Eek, AK. Adoption of this proposal would result in establishing Class E airspace upward from 700 feet (ft.) above the surface at the Eek Airport, Eek, AK.

The Federal Aviation Administration (FAA) is issuing this notice to advise the public of the approval of a Finding of No Significant Impact (FONSI) on an Environmental Assessment for proposed Federal actions at Quad City International Airport, Molline, Illinois. The FONSI specifies that the proposed federal actions and local development projects are consistent with existing environmental policies and objectives as set forth in the National Environmental Policy Act of 1969 and will not significantly affect the quality of the environment. A description of the proposed Federal actions is: (a) To issue an environmental finding to allow approval of the Sponsor's Proposed Action/ALP for the development listed above; (b) to issue final airspace determinations for the development listed above, (c) to issue a final determination of potential airspace obstructions to navigable airspace per an aeronautical study outlines under 14 CFR Part 77, (d) to issue a final certification that the proposed aeronautical development is reasonably necessary for use in air commerce or for national defense, (e) issuance of finding for Intergovernmental review of Federal Programs, (f) to include the issuance of an environmental justice finding, (g) to include the issuance of a wetland finding, (h) to include the issuance of a floodplain finding, (i) to include the approval for any necessary funding, installation and/or relocation, certification and operation of navigation aids, and (j) to include any preparation and/or revisions to Standard Instrument Approach Procedures (SIAP). The items in the local airport development project are to: Rehabilitate Runway 9-27 and Midfield intersection. Construct, light and mark a 100' x 6,500' temporary Runway 10-28 to be ultimately used as Taxiway P, including grading and drainage. Construct, light and mark connecting Taxiways to temporary Runway 10-28/Taxiway P, including grading and drainage and remove existing connecting Taxiways. Convert temporary Runway 10-28 to Taxiway P, upon decommissioning of temporary runway use, including paved shoulders, marking, lighting, NAVAID relocation and Standard Instrument Approach Procedures (SlAP) decommissioning. Relocate western airport service road outside temporary Runway 10-28's Runway Safety Area, including grading and drainage and remove portion of existing service road. Construct Runway 9-27 paved shoulders, including grading and drainage. Rehabilitate Runway 9-27 lighting. Widen portion of Taxiway K to 75 feet, including lighting, marking, grading and drainage. Install Localizer to temporary Runway 10. Install PAPI's to temporary Runways 10 and 28. Install REIL's to temporary Runways 10 and 28. Relocate temporary Runway 10 28 localizer to Runway 13. Relocate temporary Runway 10-28 PAPI's to Runways 9 and 23. Relocate windsock and segmented circle. Relocate Remote Processing Unit (RPU). Obtain borrow from existing Airport, including tree clearing (southern sites), for Taxiway P. Stockpile borrow material, temporarily, for Taxiway P, if necessary. Create Standard Instrument Approach Procedures (SIAP) for temporary Runways 10 and 28, Runways 13 and 31. Floodplain encroachment of approximately 0.92 acres, covered under Statewide Permit Number 6. Wetland encroachment of approximately 0.07 acres, covered by Nationwide Permit numbers 14 and 33. Construct, light and mark Taxiway N, including grading and drainage. Raze Civil Air Patrol building. Construct Rental Car Quick Turn Around Facility, including fueling and wash facilities, and rental car/employee auto parking expansion, including grading and drainage. Acquire approximately 9 acres of land, in fee simple title, including relocation assistance for two businesses. Copies of the environmental decision and the EA are available for public information review during regular business hours at the following locations: 1. Quad City International Airport, 2200 69th Avenue, Moline, IL 61265. 2. Division of Aeronautics-Illinois Department of Transportation, One Langhorne Bond Drive, Capital Airport, Springfield, IL 62707. 3. Federal Aviation Administration, Chicago Airports District Office, 2300 East Devon Avenue, Room 320, Des Plaines, Illinois 60018.

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 March 31, 2008, vol. 73, no. 62, page 16923. This collection of information is necessary to determine how satisfied applicants are with the automated staffing solution.

The FAA is issuing this notice to advise the public of a third meeting of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment.

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 are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires installing an additional support bracket for the gray water drain hose; replacing the screw of the support bracket with a new screw for the potable water supply hose; installing a spacer; doing a detailed inspection to detect interference or wear damage on hoses, lines and/or cables; and doing corrective actions if necessary. This AD results from reports of interference between the potable water supply hose and/or gray water drain hose at the aft lavatories and the fuel line and/or power feeder cables of the auxiliary power unit (APU) located below the aft cabin floor. We are issuing this AD to prevent interference and chafing between the potable water supply hose and/or gray water hose and the fuel line and/or power feeder cables of the APU, which could cause arcing and sparking, and/or fuel leaking, and consequent fire.

We are adopting a new airworthiness directive (AD) for all McDonnell Douglas airplanes identified above. This AD requires revising the FAA-approved maintenance program, or the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness, as applicable, to incorporate new AWLs for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2008-10-51 that was sent previously to all known U.S. owners and operators of all Dornier Model 328-100 and -300 airplanes by individual notices. This AD requires detailed visual and eddy current inspections of both the left-hand and right-hand lower wing panel of the rear trailing edge (inboard and outboard of flap lever arm 1 (rib 3 and rib 5)) for cracks, and repair if necessary. This AD is prompted by cracks found in the lower wing panel of the rear trailing edge (inboard and outboard of flap lever arm 1 (rib 5)) during a routine inspection on a Model 328-100 airplane. Subsequent inspection of the other Model 328-100 airplanes in the same fleet revealed several more airplanes with cracks at the same location. We are issuing this AD to prevent structural failure of the affected wing panel, possible separation of the wing from the airplane, and consequent loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model DC-10-10F, DC-10-30F (KC-10A and KDC-10), DC- 10-40F, MD-10-10F, and MD-10-30F airplanes; and Model MD-11 and MD-11F airplanes. This AD requires installation of control cable freeze protection by making certain changes. This AD results from reports of standing water on the horizontal pressure panel above the main and center landing gear wheel wells. We are issuing this AD to prevent the accumulation of ice on the flight control cables in the wheel wells. When the landing gear doors open or vibration in this area occurs, such ice accumulation could break off and can cause injury to people or damage to property on the ground, can affect landing gear controls and rear spar flight control systems, can cause damage to other control systems, and might cause loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for all Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD requires repetitive inspections for any cracking of or damage to the left side and right side flight deck No. 2, No. 4, and No. 5 windows, as necessary, and corrective actions if necessary. This AD results from reports of in-flight departure and separation of the flight deck windows. We are issuing this AD to detect and correct cracking in the vinyl interlayer or damage to the structural inner glass panes of the flight deck No. 2, No. 4, and No. 5 windows, which could result in loss of a window and rapid loss of cabin pressure. Loss of cabin pressure could cause crew communication difficulties or crew incapacitation.

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 its review and approval. The FMCSA seeks approval to revise an ICR entitled, ``Licensing Applications for Motor Carrier Operating Authority,'' that is used by for-hire motor carriers of regulated commodities, motor passenger carriers, freight forwarders, property brokers, and certain Mexico-domiciled motor carriers to register their operations with the FMCSA. The agency invites public comment on the ICR.

In accordance with Title 49 Code of Federal Regulations Part 222, Appendix D, FRA is updating the Nationwide Significant Risk Threshold (NSRT). This action is needed to ensure that the public has the proper threshold of permissible risk for calculating quiet zones established in relationship to the NSRT. This is the second update to the NSRT since the final rule, titled ``Use of Locomotive Horns at Highway-Rail Grade Crossings,'' was amended in response to petitions for reconsideration on August 17, 2006 (71 FR 47614). This notice announces that the NSRT has fallen from 19,047 to 17,610.

In accordance with the procedures of 49 CFR Part 555, Spyker Automobielen B.V. (``Spyker'') has applied for a limited extension of a previously received temporary exemption from certain requirements of FMVSS No. 208, Occupant Crash Protection, for the Spyker C8 vehicle line. Spyker requests extension of its temporary exemption for certain advanced air bag requirements. The basis of the application is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. NHTSA is publishing this notice of receipt of the application in accordance with the requirements of 49 U.S.C. 30113(b)(2), and has made no judgment on the merits of the application.

The FAA is revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 767 airplanes. The original NPRM would have required repetitive inspections for cracking of the wing skin, and related investigative/corrective actions if necessary. The original NPRM resulted from reports of cracks found in the lower wing skin originating at the forward tension bolt holes of the aft pitch load fitting. This action revises the original NPRM by revising certain compliance times. We are proposing this supplemental NPRM to detect and correct cracking in the lower wing skin for the forward tension bolt holes at the aft pitch load fitting, which could result in a fuel leak and reduced structural integrity of the airplane.

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: