Department of Transportation September 22, 2008 – Federal Register Recent Federal Regulation Documents

In accordance with the procedures in 49 CFR Part 555, Think Technology AS has petitioned the agency for a temporary exemption from certain advanced air bag requirements of FMVSS No. 208. The basis for the application is that the exemption would make the development or field evaluation of a low-emission vehicle easier and would not unreasonably lower the safety or impact protection level of the vehicle.\1\

On April 6, 2007, NHTSA published a final rule establishing a new Federal motor vehicle safety standard requiring light vehicles to be equipped with electronic stability control systems. The final rule was established as part of a comprehensive plan for reducing the serious risk of rollover crashes and the risk of death and serious injury in those crashes. This document responds to several petitions for reconsideration of the final rule. After carefully considering the issues raised, the agency is granting some aspects of the petitions, and denying some aspects. This document amends the final rule accordingly. This document also fulfills the obligations of the United States with respect to initiating rulemaking in order to comply with the global technical regulation (GTR) for ESC, adopted on June 26, 2008.

The Federal Aviation Administration (FAA), in cooperation with the United States Air Force (USAF), prepared an Environmental Assessment (EA) to evaluate Space Florida's proposal to operate a commercial launch site at Launch Complex 46 (LC-46) at Cape Canaveral Air Force Station (CCAFS) in Florida. The EA evaluated the potential environmental impacts associated with the Proposed Action and alternatives regarding the issuance of a Launch Site Operator License to Space Florida for LC-46 at CCAFS. After reviewing and analyzing currently available data and information on existing conditions and project impacts, the FAA has determined that issuing a Launch Site Operator License to Space Florida for the operation of a commercial launch site at LC-46 would not significantly impact the quality of the human environment within the meaning of the National Environmental Policy Act. Therefore, the preparation of an Environmental Impact Statement is not required, and the FAA is issuing a Finding of No Significant Impact. The FAA made this determination in accordance with all applicable environmental laws. For a Copy of the Environmental Assessment: Visit the following Internet address: https://www.faa.gov/about/office_org/headquarters_ offices/ast/licenses_permits/launch_site/environmental/ or contact Ms. Stacey M. Zee, FAA Environmental Specialist, 800 Independence Avenue, SW., Room 331, Washington, DC 20591. You may also send e-mail requests to Stacey.Zee@faa.gov or via telephone to (202) 267-9305. Purpose and Need: The purpose of the FAA's action in issuing the Launch Site Operator License is to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interest of the United States during commercial launch or reentry activities; to encourage, facilitate, and promote commercial space launches and re-entries by the private sector; and to facilitate the strengthening and expansion of the United States space transportation infrastructure, in accordance with the requirements of the Commercial Space Launch Amendments Act of 2004, the Commercial Space Transportation Act of 2000, Executive Order (EO) 12465, 14 Code of Federal Regulations (CFR) Parts 400-450, the National Space Transportation Policy, and the National Space Policy. The Proposed Action is needed to meet the demand for lower cost access to space. Less expensive space launch capability is necessary to support rising industries, such as more cost-effective commercial, governmental, and scientific satellite launches. Given the infrastructure and development costs associated with constructing launch facilities, the Federal government has been the owner/operator or has leased/sold unused or excess infrastructure and provided expertise to commercial launch operators for the majority of commercial launches. The Secretary of Transportation has assigned the FAA Office of Commercial Space Transportation responsibility, under the Commercial Space Launch Amendment Acts and EO 12465, for oversight of commercial space launch activities, including licensing of launch and reentry sites. Proposed Action: Under the Proposed Action, the FAA would issue a Launch Site Operator License for LC-46 to Space Florida. LC-46 is owned by the USAF's 45th Space Wing. Space Florida and the 45th Space Wing have a Memorandum of Agreement and Joint Operating Procedures, which allow Space Florida to conduct launch activities at the site. A Launch Site Operator License, which is valid for five years, would allow Space Florida to offer the site for launches of solid- and liquid-propellant launch vehicles. Potential commercial launch vehicle operators would be required to obtain a Launch License from the FAA to conduct launch operations at LC-46 on CCAFS. Under the Proposed Action, Space Florida would offer the launch site to launch operators for several types of vertical launch vehicles, including Athena-1 and Athena-2, Minotaur, Taurus, Falcon 1, Alliant Techsystems small launch vehicles and launches of other Castor[supreg] 120-based or Minuteman-derivative booster vehicles. Space Florida proposes to support a maximum of 24 annual launches, including 12 solid propellant launches and 12 liquid propellant launches. The proposed launch vehicles and their payloads would be launched into low earth orbit or geostationary orbit. All vehicles are expected to carry payloads, including satellites. The Proposed Action does not include any construction or modification to the site. Launches would be conducted using existing infrastructure. Periodic maintenance, such as mowing or repairs, would occur on the site to ensure launch safety. To ensure the safety of all launch activities, the site would require minor repairs. Alternatives Considered: Alternatives analyzed in the EA include (1) the Proposed Action and (2) the No Action Alternative. Under the No Action Alternative, the FAA would not issue the Launch Site Operator License to Space Florida. Launch operators may be able to conduct launch activities at LC-46; however, operations would be controlled by the 45th Space Wing of the USAF. Other activities, such as military exercises at CCAFS would not be impacted.

The FAA is adopting a new airworthiness directive (AD) for Honeywell International Inc. TFE731-4, -4R, -5, -5AR, -5BR, and -5R series turbofan engines, with interstage turbine transition (ITT) duct, part number (P/N) 3075292-1; 3075292-3; 3074766-1; 3077063-1; 3075655- 1; 3075655-2; 3075699-1; or 3075699-3, installed. This AD requires replacing the affected ITT duct with a serviceable and redesigned ITT duct. This AD results from reports of 49 low-pressure turbine (LPT) blade separation events. Six of those events resulted in circumferential failure of the LPT2 or LPT3 nozzle assembly, leading to deformation of the ITT duct and uncontainment of the turbine blades and fragments of the LPT nozzle assembly. We are issuing this AD to prevent uncontainment of turbine blades and fragments of the LPT nozzle assembly, which could result in damage to the airplane.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 202: Portable Electronic Devices.

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.