Department of Transportation 2008 – Federal Register Recent Federal Regulation Documents

NHTSA is publishing this notice to inform the public that there is a vote scheduled to establish the Global Technical Regulation on Pedestrian Safety at the November 2008 session of the World Forum for Harmonization of Vehicle Regulations (WP.29). In anticipation of the vote NHTSA is requesting comments to inform its decision for the vote. Publication of this information is in accordance with NHTSA's Statement of Policy regarding Agency Policy Goals and Public Participation in the Implementation of the 1998 Global Agreement on Global Technical Regulations.

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.

FMCSA announces its decision to exempt 23 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.

The FAA is revising an earlier NPRM for an airworthiness directive (AD) that applies to certain Boeing Model 767 series airplanes. The original NPRM would have superseded an existing AD that currently requires a one-time inspection for missing, damaged, or incorrectly installed parts in the separation link assembly on the deployment bar of the emergency escape system on the entry or service door, and installation of new parts if necessary. The original NPRM proposed to require replacing the separation link assembly on the applicable entry and service doors with an improved separation link assembly, and related investigative and corrective actions if necessary. The original NPRM also removed certain airplanes from the applicability. The original NPRM resulted from reports that entry and service doors did not open fully during deployment of emergency escape slides, and additional reports of missing snap rings. This action revises the original NPRM by adding a new inspection for discrepancies of the unloaded spring dimensions in the separation link assembly, and corrective actions if necessary. We are proposing this supplemental NPRM to prevent failure of an entry or service door to open fully in the event of an emergency evacuation, which could impede exit from the airplane. This condition could result in injury to passengers or crewmembers.

The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 airplanes. The existing AD currently requires repetitive inspections of the body station (BS) 2598 bulkhead, and corrective actions if necessary. The existing AD also currently requires a terminating modification for the repetitive inspections and a post-modification inspection of the modified area. This proposed AD would continue requiring those actions with revised service information. For certain airplanes, this proposed AD would require new repetitive inspections, an interim modification, and post-interim modification inspections. For certain airplanes, this proposed AD also would require replacing any previously repaired aft inner chord and reinstalling the terminating modification. This proposed AD results from reports of cracked aft inner chords on airplanes after certain requirements of the existing AD were done. We are proposing this AD to prevent fatigue cracking of the BS 2598 bulkhead structure, which could result in inability of the structure to carry horizontal stabilizer flight loads, and loss of controllability of the airplane.

In accordance with 14 CFR 11.47(c), the FAA has received petitions from the Association of Flight Attendants-CWA, AFL-CIO (AFA- CWA) and the Air Line Pilots Association, International (ALPA). Those petitions requested an extension of the comment period for a petition from The Boeing Company. That exemption, if granted, would provide Boeing relief from certain pressurized cabin requirements in regard to uncontained engine failure for Boeing Model 747-8/8F series airplanes. The FAA finds that AFA-CWA and ALPA have substantive interest in the exemption request and show that good cause exists to extend the comment period because it is in the public's interest.

This notice issues special conditions for the Honda Aircraft Company, Model HA-420 HondaJet Airplane. This new airplane will have novel and unusual design features not typically associated with normal, utility, acrobatic, and commuter category airplanes. These design features include turbofan engines and engine location, for which the applicable regulations do not contain adequate or appropriate airworthiness standards. These special conditions contain the additional airworthiness standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on July 10, 2008, and comments were due by September 8, 2008. No comments were received.

Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. To ensure compliance by each State participating in the Pilot Program, 23 U.S.C. 327(g) mandates semiannual audits during each of the first 2 years of State participation. This final report presents the findings from the first FHWA audit of the California Department of Transportation (Caltrans) under the pilot program.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The 21.508 acres of land, known as Parcel A on the airports Exhibit A Property Map, is situated southeast of the airport. The land was obligated under FAA Project No(s). 3-18-0103-06. There are no impacts to the airport by allowing the airport to dispose of the property. The land was previously acquired for approach protection under a larger parcel of land purchased from Ms. Lela Covert (listed as Parcel 3 in the current Exhibit A Property Map and Parcel 7 under previous Exhibit A Property Maps). These 21.508 acres of the larger parcel are not needed for approach protection or future airport development. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal of the airport property will be in accordance FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

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 Greenwood-Leflore Airport to change the use of an area on the airport to non-aeronautical use.

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.

The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a new information collection. The FAA would amend the regulations governing flight data recorders to increase the number of digital flight data recorder parameters for certain Boeing airplanes.

This notice announces actions taken by the California Department of Transportation (Caltrans) pursuant to its assigned responsibilities under 23 U.S.C. 327 that are final within the meaning of 23 U.S.C. 139(l)(1). These actions relate to a proposed highway project, the State Route 84 (SR 84) Expressway Widening Project between approximately Jack London Boulevard and Ruby Hill Drive (Post Miles 22.5 to 27.3) in the County of Alameda, State of California. Those actions grant licenses, permits, and approvals for the project.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to: a proposed highway project, the U.S. 301: MD/DE Line to SR1, South of the C&D Canal, New Castle County, Delaware, including the new 13 mile long U.S. 301 mainline on new alignment between the Delaware/Maryland state line and State Route (SR) 1, and the new 3.5 mile long Spur Road, on new alignment from proposed U.S. 301 in the vicinity of Armstrong Corner Road to the Summit Bridge, south of the Chesapeake and Delaware (C&D) Canal, State of Delaware. Those actions grant approvals for both parts of the proposed project.

This action proposes to establish Class E airspace at Napakiak, AK. Two Standard Instrument Approach Procedures (SIAPs) are being developed for the Napakiak Airport at Napakiak, AK. Adoption of this proposal would result in creating Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Napakiak Airport, Napakiak, AK.

This action proposes to establish Class E airspace at Shageluk, AK. Two Standard Instrument Approach Procedures (SIAPs) are being developed for the Shageluk Airport at Shageluk, AK. Adoption of this proposal would result in creating Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at the Shageluk Airport, Shageluk, AK.