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

A direct final rule, published in the Federal Register April 16, 2008 (73 FR 20526) Docket No. FAA-2008-0003, adding additional Class E airspace at Lexington, OK is being removed. Although the rule became effective April 10, 2008, charting of this airspace was never completed. A new rulemaking will be forthcoming with an effective date that coincides with the new charting date.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed new river crossing project in the City of Port St. Lucie, St. Lucie County, Florida.

This notice contains a summary of a petition 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 the petition or its final disposition.

FRA proposes to amend its regulations on railroad workplace safety to reduce further the risk of serious injury or death to roadway workers. In particular, FRA proposes to require that railroads adopt specified on-track safety procedures to protect certain roadway work groups from the movement of trains or other on-track equipment on ``adjacent track.'' FRA proposes to define ``adjacent track'' as ``any controlled track whose track center is 19 feet or less from the track center of the occupied track.'' These on-track safety procedures would be required for each adjacent track when a roadway work group with at least one of the roadway workers on the ground, is engaged in a common task with an on-track roadway maintenance machine or coupled equipment on an occupied track. FRA also proposes to require that railroads, contractors to railroads, and roadway workers comply with these procedures.

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, 1-84 Orchard Interchange to Gowen Interchange Study, in Boise, Ada County in the State of Idaho [Idaho Transportation Department (ITD) Key Number 6492].

The FAA tentatively has determined that it is necessary to temporarily limit unscheduled aircraft operations at John F. Kennedy International Airport (JFK) and Newark Liberty International Airport (EWR). By Orders dated January 15 and May 15, 2008, the FAA restricted the number of scheduled operations respectively at JFK and EWR. These orders were a result of persistent congestion and delays at JFK and EWR during the peak operating hours, as well as a dramatic projected increase in fight delays at both airports during the summer of 2008 if proposed schedules were implemented as requested by carriers. The FAA recently published a notice of proposed rulemaking that addresses the operating limits of scheduled and unscheduled operations at both airports for the longer term. The FAA believes that in the interim it is necessary to limit unscheduled operations, as even the addition of a few operations in the critical peak hours can result in added congestion and delay. The intended effect of this action would be consistent with the previously issued Orders governing scheduled operations. This final Order would take effect at 6 a.m., Eastern Time, on August 28, 2008, and would expire at 11:59 p.m., Eastern Time, on October 24, 2009. This proposed Order would implement a reservation system to limit unscheduled operations at the airports and includes special provisions for public charter operations. A final Order would be enforceable under the FAA's civil penalty authority.

The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program submitted by the City of Ocala under the provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On December 28, 2008, the FAA determined that the noise exposure maps submitted by the City of Ocala under part 150 were in compliance with applicable requirements. On June 23, 2008, the FAA approved the Ocala International Airport noise compatibility program. All of the recommendations of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport operator.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 747-400 and 747-400D series airplanes. This AD requires a general visual inspection of the power feeder wire bundle of the auxiliary power unit (APU) where it crosses the hydraulic system 4 return tube to determine if parts are installed to provide separation between the wire bundle and hydraulic tube. This AD also requires related investigative and corrective actions if necessary. This AD results from a report that the power feeder wire bundle of the APU was found touching the hydraulic system return tube during inspection of an airplane. We are issuing this AD to prevent insufficient clearance between the wire bundle and hydraulic tube that could lead to chafing of the wire bundle, which could cause arcing and a consequent hydraulic fluid fire in an area outside of the smoke detection and fire extinguishing zone; this condition could result in an uncontrolled fire on the airplane.

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:

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval (with modifications) for three years of a currently approved information collection.

The FHWA is issuing this notice to advise the public, tribes, and agencies that an environmental impact statement will be prepared for a proposed transportation systems improvement project in Seattle, King County, Washington.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 186 Automatic Dependent Surveillance Broadcast (ADS-B).

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 220/Automatic Flight Guidance and Control.

This action delays the effective date for the establishment of 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 until September 25, 2008. The FAA is taking this action to allow additional time for processing and charting.

This action confirms the effective date and corrects an error in the airport name listed in a direct final rule published in the Federal Register January 30, 2008, that established Class E controlled airspace at Emporium, PA (73 FR 5432) Docket No. FAA-2007-0275.

This notice announces revisions to (1) Chapter 4, Special Airworthiness Certification, Section 9 of the FAA Order 8130.2F, Airworthiness Certification of Aircraft and Related Products, (2) Advisory Circular (AC) 20-27G, Certification and Operation of Amateur- Built Aircraft (AC 20-27G is the result of combining AC 20-27F and AC 20-139, Commercial Assistance During Construction of Amateur-Built Aircraft), and (3), requests comments on the percentage of fabrication and assembly that must be completed by an amateur builder to obtain an experimental airworthiness certificate for an amateur-built aircraft. This action is being taken because the FAA has determined that the existing Order and ACs do not adequately state the required levels of fabrication/assembly or guidance on use of commercial assistance. As a result, the existing Order and Advisory Circulars require revision. The FAA is seeking comments on these revisions.

This notice announces two fact-finding informal airspace meetings to solicit information from airspace users and others concerning a proposal to revise the Class B airspace area at Cleveland, OH. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any revision or issuance of a notice of proposed rulemaking. Times and Dates: The informal airspace meetings will be held on Tuesday, September 16, 2008, from 2 p.m.-7 p.m., and Wednesday, September 17, 2008, from 9 a.m.-12 p.m. Comments must be received on or before September 25, 2008.

This document requests comments on data about passenger motor vehicle thefts that occurred in calendar year (CY) 2006 including theft rates for existing passenger motor vehicle lines manufactured in model year (MY) 2006. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2006 vehicles (2.08 thefts per thousand vehicles) increased by 12.4 percent from the theft rate for CY/MY 2005 vehicles (1.85 thefts per thousand vehicles). Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment.

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.

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, this notice announces the Department of Transportation's (DOT) intention to request extension of a previously approved information collection.

On January 25, 2007, NHTSA published a notice announcing a public hearing and requesting comments on an agency report titled, ``The New Car Assessment Program (NCAP) Suggested Approaches for Future Program Enhancements.'' This notice summarizes the comments received and provides the agency's decision on how it will improve the NCAP ratings program. For model year (MY) 2010, the agency will make changes to its existing front and side crash rating programs. For the frontal crash test program, NHTSA will maintain the 35 mph (56 kmph) full frontal barrier test protocol but will update the test dummies and associated injury criteria used to assess and assign a vehicle's frontal impact star rating. For side impact, NHTSA will maintain the current moving deformable barrier test at 38.5 mph (63 kmph) but will update that test to include new side impact test dummies and new injury criteria that are used to assign a vehicle's side impact star rating. Additionally, vehicles will also be assessed using a new pole test and a small female crash test dummy. For rollover, the agency will continue to rate vehicles for rollover propensity, but will wait to update its rollover risk model to allow for more real-world crash data of vehicles equipped with electronic stability control. Also for MY 2010, the agency will implement a new ratings program that will rate vehicles on the presence of select advanced technologies and establish a new overall Vehicle Safety Score that will combine the star ratings from the front, side, and rollover programs. Finally, for the agency's vehicle labeling program, we are announcing that the side score, rather than being based only on the moving deformable barrier test, will be based on the combination of the moving deformable barrier test and the pole test. Additionally, the agency will initiate rulemaking to include the new overall crashworthiness rating on the Monroney label.

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 Chicago/Rockford International Airport, Rockford, 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 Airport Layout Plan (ALP) for the development items listed below. The items in the local airport development project are to: Acquire approximately 18 acres of vacant land, in fee simple title, in the Runway 25 Approach and Runway Protection Zone. Copies of the environmental decision and the Short Form EA are available for public information review during regular business hours at the following locations: 1. Chicago/Rockford International Airport, 60 Airport Drive, Rockford, IL 61109. 2. Division of AeronauticsIllinois 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 Federal Aviation Administration (FAA) is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared and considered for the proposed extension of a runway, corresponding taxiway extension, associated levee construction and realignment of drainage, and reprogramming of the GPS Instrument Approach for the extended runway. To ensure that all significant issues related to the proposed action are identified, a public scoping meeting will be held.