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

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, is listed below. The complete application is given in DOT docket MARAD-2008-0051 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.

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, is listed below. The complete application is given in DOT docket MARAD-2008-0052 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 notice announces, pursuant to section 10(A)(2) of the Federal Advisory Committee Act (FACA) (Public Law 72-363; 5 U.S.C. app. 2), a meeting of the BTS Advisory Council on Transportation Statistics (ACTS). The meeting will be held Thursday, July 31, 2008, from 10 a.m. to 4 p.m. The meeting will take place at the U.S. Department of Transportation, 1200 New Jersey Ave., SE., Washington DC, on the 1st Floor, West Building, in the Oklahoma City Room. The ACTS, established under section 6007 of Public Law 102-240, Intermodal Surface Transportation Efficiency Act of 1991, December 18, 1991, and chartered on June 19, 1995, was created to advise the Director of BTS on transportation statistics and analyses, including whether or not the statistics and analysis disseminated by the BTS are of high quality and are based upon the best available objective information. The following is a summary of the meeting's agenda: (1) Introductions and Opening Remarks; (2) Program Update (a) Safety Data, (b) System Performance Data; (3) Challenges in Collecting and Disseminating National Transportation Statistics; (4) Identifying Transportation Data Needs; (5) General Discussion; and (6) Public Comments and Closing Remarks. Since access to the DOT building is controlled, all persons who plan to attend the meeting must notify Mrs. Tonya Tinsley-Grisham, the Committee Management Officer at (202) 366- 6268 prior to July 31, 2008. Individuals attending the meeting must report to the Lobby of the West Building for admission to the building. Attendance is open to the public, but limited space is available. With the approval of the Chair, members of the public may present oral statements at the meeting. Non-committee members wishing to present oral statements or obtain information should also contact Mrs. Tinsley- Grisham. Questions about the agenda or written comments may be submitted by U.S. Mail to: U.S. Department of Transportation, BTS, Attention: Robert A. Monniere, Room E35-330, 1200 New Jersey Ave., SE., Washington, DC 20590 or faxed to (202) 366-3640. BTS requests that written comments be submitted prior to the meeting. Persons with a disability requiring special services, such as an interpreter for the hearing impaired, should contact Mrs. Tinsley- Grisham at (202) 366-6268 at least seven calendar days prior to the meeting. Notice of this meeting is provided in accordance with the FACA and the General Service Administration regulations (41 CFR part 102-3) covering management of Federal advisory committees.

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. Model A109E, A109S, and A119 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:

This document responds to four petitions for reconsideration of FRA's final rule which was published on February 13, 2008. The rule mandated certain changes to a railroad's program of operational tests and inspections and mandated new requirements for the handling of equipment, switches, and fixed derails.

We propose to adopt a new airworthiness directive (AD) for all Lockheed Model 382, 382B, 382E, 382F, and 382G series airplanes. This proposed AD would require revising the FAA-approved maintenance program by incorporating new airworthiness limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This proposed AD would also require the accomplishment of certain fuel system modifications, the initial inspections of certain repetitive fuel system limitations to phase in those inspections, and repair if necessary. This proposed AD results from a design review of the fuel tank systems. We are proposing 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.

The FAA is revising an existing airworthiness directive (AD) that applies to Sandel Avionics Incorporated Model ST3400 TAWS/RMI units as described above. The existing AD currently requires installing a warning placard on the TAWS/RMI and revising the Limitations section of the airplane flight manual (AFM). The existing AD also requires installing upgraded software in the TAWS/RMI. This new AD allows installing later revisions of the software described in the existing AD. This AD results from a report that an in-flight bearing error occurred in a Model ST3400 TAWS/RMI configured to receive bearing information from a very high frequency omnidirectional range (VOR) receiver interface via a composite video signal, due to a combination of input signal fault and software error. We are issuing this AD to prevent a bearing error, which could lead to an airplane departing from its scheduled flight path, which could result in a reduction in separation from, and a possible collision with, other aircraft or terrain.

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.

This technical amendment corrects an error in the airspace description of a final rule published in the Federal Register on July 21, 2003 (68 FR 42962), Docket No. FAA-2002-13013, Airspace Docket No. 02-ANM-10. In that rule, the description of Jet Route 10 (J-10) was incorrect. This is an administrative correction to a published legal description. Additionally, the cite for J-10 was incorrectly written as paragraph 6010(a) Domestic VOR Federal Airways: This will be corrected to ``paragraph 2006 Jet Routes''.

FMCSA has received an application from the U.S. Department of Energy (DOE) for an exemption from certain provisions of the Agency's hours-of-service (HOS) regulations. DOE proposes that its contract motor carriers and their employee-drivers engaged in the transportation of transuranic waste (TRU) be granted an exemption from the HOS rules pertaining to use of a sleeper berth (SB). Current HOS rules require that all SB rest regimens include, in part, the regular use of a SB period of at least 8 hourscombined with a separate period of at least 2 hours, either in the SB, off-duty or some combination of bothto gain the equivalent of at least 10 consecutive hours off-duty. DOE proposes that its contract drivers be allowed to take the equivalent of 10 consecutive hours off duty by splitting SB time into two periods, provided neither of the two periods is less than 2 hours. DOE asserts that if its request for exemption is granted, the level of safety of its TRU operations would be equivalent to, or greater than, the level of safety that would be obtained by complying with the current HOS regulations. FMCSA requests public comment on DOE's application for exemption.

This action withdraws the direct final rule published in the Federal Register April 14, 2008 modifying Class D Airspace at Brunswick, ME. After publication it came to our attention that there had been a miscommunication about the operating hours of the Brunswick NAS Air Traffic Control Tower. The tower itself is still a 24-hour operation; therefore, there is no need to modify the Class D Airspace to reflect part-time status.

This action confirms the effective date of a direct final rule that 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. Additionally, this action corrects a minor typing error in the publication of the coordinates for the UPMC Passavant-Cranberry Heliport.

This action confirms the effective date of a direct final rule that establishes a Class E airspace area to support Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedures (IAPs) that serve the Evangelical Community Hospital, Lewisburg, PA. Additionally, this action corrects a minor technical error in the publication of the coordinates for the Evangelical Community Hospital East Heliport.

DOT is amending a number of its regulations to reflect reorganization of some elements of DOT and the move of DOT's Headquarters site in Washington, DC. This action is taken on DOT's initiative.

FMCSA announces receipt of applications from 56 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. 3501 et seq.) this notice announces the Information Collection Request, abstracted below, is being forwarded to the Office of Management and Budget for extension of the currently approved Procedures for Transportation Drug and Alcohol Testing Program. On March 17, 2008 the Office of Drug and Alcohol Policy and Compliance (ODAPC) published a 60-day notice in the Federal Register (73 FR 14300) Docket OST-2008-0088, informing the public of ODAPC's intention to extend an approved information collection. Specifically, ODAPC solicited comments on whether the information collection is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility. We asked whether the Department's estimate of the burden of the proposed information collection was accurate and for ways to enhance the quality, utility, and clarity of the information to be collected. The Department sought ways to minimize the burden for those who would have to provide information, including the use of automated collection techniques or other forms of information technology. One response, which contained several comments, was made to the docket. Among his comments, the respondent supported the Department's estimated burden hours associated with the collection and handling of each form and provided suggestions for updating the Alcohol Testing Form (ATF) and Management Information System (MIS) form. Each of the respondent's comments were addressed and are explained in the supporting statement to OMB. The ATF and MIS were updated to include an updated Paperwork Reduction Act Burden Statement, the current address of the Department, and DOT form numbers were added. We provided additional instructions on the reverse side of Page 3 of the ATF that tamper-evident tape must not obscure the printed information. Also, the legends in the test result boxes on the front of the ATF were adjusted and printed in a smaller font so they don't obscure test results printed directly on the ATF.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement will be prepared for a proposed road project in Prince George's County, Maryland.

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: * * * * * This assessment showed that the electrical harness of the Fuel Quantity Gauging System (FQGS) is installed in the same routing as the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. A chafing condition between these electrical harnesses and the FQGS harness could increase the surface temperatures of fuel quantity probes and high level sensors inside the fuel tank, resulting in potential ignition source[s] and consequent fuel tank explosion. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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: