Department of Transportation 2008 – Federal Register Recent Federal Regulation Documents
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National Emergency Medical Services Advisory Council (NEMSAC); Notice of Federal Advisory Committee Meeting
The NHTSA announces a meeting of NEMSAC to be held in the Metropolitan Washington, DC area. This notice announces the date, time and location of the meeting, which will be open to the public. The purpose of NEMSAC is to provide a nationally recognized council of emergency medical services representatives and consumers to provide advice and recommendations regarding Emergency Medical Services (EMS) to the U.S. DOT's NHTSA.
Pipeline Safety: Control Room Management/Human Factors
PHMSA proposes to revise the Federal pipeline safety regulations to address human factors and other components of control room management. The proposed rules would require operators of hazardous liquid pipelines, gas pipelines, and liquefied natural gas (LNG) facilities to amend their existing written operations and maintenance procedures, operator qualification (OQ) programs, and emergency plans to assure controllers and control room management practices and procedures used maintain pipeline safety and integrity. This proposed rule results from a PHMSA study of controllers and controller performance issues known as the Controller Certification Project (CCERT), a National Transportation Safety Board study, safety- related condition reports, operator visits and inspections, and inquiries. This rule would improve opportunities to reduce risk through more effective control of pipelines and require the human factors management plan mandated by the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act). These regulations would enhance pipeline safety by coupling strengthened control room management, including automated control systems, with improved controller training and qualifications and fatigue management. PHMSA expects these regulations will complement efforts already underway in the pipeline industry to address human factors and control room management, such as the development of new national consensus standards, including an American Petroleum Institute (API) recommended practices on roles and responsibilities, shift operations, management of change, fatigue management, alarm management and SCADA display standard, as well as comparable business practices at some pipeline companies.
Airworthiness Directives; Boeing Model 747 Airplanes
We are adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires modification of the refuel valve control unit for the reserve fuel tanks. This AD also requires a revision to the FAA-approved maintenance program to incorporate airworthiness limitation (AWL) No. 28-AWL-20 or AWL No. 28-AWL-25, as applicable. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent lightning-induced electrical energy from entering a reserve fuel tank through the refuel valve, which could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes
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:
Itasca County Regional Rail Authority-Petition for Exemption-Construction of a Line of Railroad in Itasca County, MN
By petition filed on March 9, 2007, the Itasca County Regional Rail Authority, a noncarrier, seeks an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 to construct a 9-mile rail line from a connection with an existing rail line at Taconite, MN, to the site of a new steel mill to be built by Minnesota Steel Industries LLC at Nashwauk, MN, all located in Itasca County. The Board's decision served in this proceeding on September 8, 2008, grants the requested exemption and authorizes the construction, subject to environmental mitigation measures recommended in the Post Environmental Assessment (Post EA).
Airworthiness Directives; Bell Helicopter Textron Canada Model 222, 222B, 222U, 230, and 430 Helicopters
We are superseding an existing airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 222, 222B, 222U, 230, and 430 helicopters. That AD currently requires visually inspecting the main rotor hydraulic actuator support (support) to verify the presence of all dowel pins and sealant between the support and transmission and verifying the proper torque of each attaching nut (nut). This AD requires the same actions as the existing AD and also requires repetitive actions at intervals not to exceed 600 hours time-in-service (TIS) or 12 months, whichever occurs first. This AD is prompted by the discovery that a 12-month compliance requirement was correctly included in an Emergency AD (EAD) that we issued but was inadvertently omitted when we published the Final rule; request for comments following the issuance of the EAD. The actions specified by this AD are intended to prevent failure of the support and subsequent loss of control of the helicopter.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
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.
Airspace Docket No. 08-AWP-2 Proposed Establishment of Class E Airspace; Death Valley, CA
This action proposes to establish Class E airspace at Death Valley, CA. Controlled airspace is necessary to facilitate vectoring of Instrument Flight Rules (IFR) traffic from en route airspace to Las Vegas, NV. The FAA is proposing this action to enhance the safety and management of IFR aircraft operations near Las Vegas, NV.
Notice of Final Federal Agency Actions on State Highway 99 (Segment E) in Texas
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, Grand Parkway (State Highway 99) Segment E, from Interstate Highway 10 (I-10) to United States Highway 290 (U.S. 290) in Harris County, Texas. Those actions grant licenses, permits, and approvals for the project.
Pipeline Safety: Agency Information Collection Activities: Notice of Request for Extension of Currently Approved Information Collections
In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that PHMSA is forwarding an Information Collection Request to the Office of Management and Budget (OMB) for the renewal and extension of four existing information collections. On May 22, 2008 (73 FR 29846), PHMSA published a Federal Register notice soliciting comments on these information collections. No comments were received. The purpose of this notice is to allow the public an additional 30 days to submit comments on the information collections described below.
Qualification of Drivers; Exemption Applications; Diabetes
FMCSA announces receipt of applications from 39 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.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 11 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comments submitted in response to the previous announcement and concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Medical Review Board Public Meeting
FMCSA announces a public meeting of the Agency's MRB. The MRB public meeting will provide the public an opportunity to observe and participate in MRB deliberations about FMCSA's medical standards, in accordance with the Federal Advisory Committee Act (FACA).
Hazardous Materials: Risk-Based Adjustment of Transportation Security Plan Requirements
PHMSA, in consultation with the Transportation Safety Administration (TSA) of the Department of Homeland Security (DHS), is proposing to modify its current security plan requirements governing the commercial transportation of hazardous materials by air, rail, vessel, and highway. Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the proposed rule would narrow the list of materials subject to security plan requirements and reduce associated regulatory costs and paperwork burden. The proposed rule also would clarify certain requirements related to security planning, training, and documentation and incorporate and build on recent international standards governing hazardous materials security.
Pricing and Multilateral Affairs Division; Agency Information Collection Activities; Request for Comments; [Renewed Approval of] Information Collection: Exemption From Passenger Tariff-filing Requirements in Certain Instances, and Mandatory Electronic Filing of Residual Passenger Tariffs
In accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, this notice announces the Department of Transportation (DOT), Office of the Secretary's (OST) intention to request clearance and renewal of a previously approved information collection. This Information Collection Request (ICR) describes the nature of the information collection and its expected burden. The purpose of this notice is to allow the public to submit comments on our application to renew ICR 2106-0009, 14 CFR Part 221Constructing, Publications, Filing and Posting of Tariffs of Air Carriers and Foreign Air Carriers. The pre-existing information collection request previously approved by OMB expires on September 30, 2008.
Notice of Opportunity To Participate, Criteria Requirements and Application Procedure for Participation in the Military Airport Program (MAP)
In anticipation of congress enacting an extension of the Airport Improvement Program (AIP) the FAA is publishing this annual notice. This notice announces the criteria, application procedures, and schedule to be applied by the Secretary of Transportation in designating or redesignating, and funding capital development annually for up to 15 current (joint-use) or former military airports seeking designation or redesignation to participate in the MAP. While FAA currently has continuing authority to designate or redesignate airports, FAA does not have authority to issue grants for fiscal year 2009 MAP, and will not have authority until Congress enacts legislation enabling FAA to issue grants. The MAP allows the Secretary to designate current (joint-use) or former military airports to receive grants from the Airport Improvement Program (AIP). The Secretary is authorized to designate an airport (other than an airport designated before August 24, 1994) only if: (1) The airport is a former military installation closed or realigned under the Title 10 U.S.C. Sec. 2687 (announcement of closures of large Department of Defense installations after September 30, 1977), or under Section 201 or 2905 of the Defense Authorization Amendments and Base Closure and Realignment Acts; or (2) the airport is a military installation with both military and civil aircraft operations. The Secretary shall consider for designation only those current or former military airports, at least partly converted to civilian airports as part of the national air transportation system, that will reduce delays at airports with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings, or will enhance airport and air traffic control system capacity in metropolitan areas, or reduce current and projected flight delays (49 U.S.C. 47118(c)).
Miscellaneous Amendments to the Federal Railroad Administration's Accident/Incident Reporting Requirements
FRA proposes to amend its existing regulations addressing accident/incident reporting in order to clarify ambiguous regulations and enhance the quality of information available for railroad casualty analysis. In addition to proposing revisions to its regulations, FRA is proposing revisions to its Guide for Preparing Accident/Incident Reports (FRA Guide) and its Accident/Incident recording and reporting forms, and is requesting comments and suggestions on certain topics of interest.
Airworthiness Directives; Harco Labs, Inc. Pitot/AOA Probes (Part Numbers 100435-39, 100435-39-001, 100435-40, and 100435-40-001)
The FAA is adopting a new airworthiness directive (AD) for certain Harco Labs, Inc. part numbers 100435-39, 100435-39-001, 100435- 40, and 100435-40-001 pitot/angle of attack (AOA) probes installed on, but not limited to Eclipse Aviation Inc. Model EA500 airplanes. This AD requires you to incorporate information into the Limitations section of the airplane flight manual (AFM) that will allow operation only under day visual flight rules (VFR) and allow only a VFR flight plan. This AD also requires you to test the pitot/AOA probes for heater performance and replace the pitot/AOA probe if it fails the heater performance test. This AD results from several reports of airspeed disagree caution indication due to blockage from freezing condensation within the pitot/ AOA system. We are issuing this AD to detect and correct improperly performing pitot/AOA probe heaters, which could result in blockage within the pitot/AOA system from condensation freezing with consequent incorrect indication of impact air pressure (airspeed/AOA). This blockage could lead to the stall warning becoming unreliable and the stick pusher, overspeed warning, autopilot, and yaw damper to malfunction.
Establish Class E Airspace; Point Roberts, WA
This action will establish Class E airspace at Point Roberts, WA. Additional controlled airspace is necessary to support flight operations at Abbotsford Airport, BC. The FAA is taking this action to improve the safety and management of Instrument Flight Rules (IFR) operations at the request of the Canadian Government.
Establishment of Low Altitude Area Navigation Route (T-Route); Southwest Oregon
This action establishes a low altitude Area Navigation (RNAV) route, designated T-276. The NPRM incorrectly indicated the route location in Southwest Oregon, however the route is in Southwest Washington. 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 reduce controller workload, enhance safety and improve the efficient use of the navigable airspace into and through the Portland, Oregon, terminal area.
Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes
We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD-90-30 airplanes. This AD requires a detailed inspection for certain defects of the upper fasteners of the aft mount support fitting of the left and right engines and corrective actions if necessary. This AD results from reports of loose, cracked, or missing fasteners in the aft mount support fitting of the left and right engines. We are issuing this AD to detect and correct loose, cracked, or missing fasteners in the engine aft support mount fitting, which could lead to separation of the support fitting from the pylon, which could result in separation of the engine from the airplane.
Airworthiness Directives; Rolls-Royce plc (RR) RB211 Trent 500, 700, and 800 Series Turbofan Engines
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:
Aviation Rulemaking Advisory Committee Meeting on Transport Airplane and Engine Issues
This notice announces a public meeting of the FAA's Aviation Rulemaking Advisory Committee (ARAC) to discuss transport airplane and engine (TAE) issues.
Environmental Impact Statement and Environmental Impact Report: San Francisco, CA
The FHWA, on behalf of the California Department of Transportation (Caltrans), and The San Francisco County Transportation Authority (Authority), is issuing this notice to advise the public that an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) will be prepared for the proposed Yerba Buena Island (YBI) Ramps Improvement Project on Interstate 80 (I-80) in San Francisco County, California.
Airworthiness Directives; Rolls-Royce plc RB211-524 Series Turbofan Engines; Correction
This document makes a correction to Airworthiness Directive (AD) 2008-16-18. That AD applies to Rolls-Royce (RR) RB211-524 series turbofan engines with certain high pressure (HP) turbine disks installed. That AD was published in the Federal Register on August 11, 2008 (73 FR 46550). Paragraph (c) in the regulatory section is incorrect. This document corrects that paragraph. In all other respects, the original document remains the same.
Airport Improvement Program Grant Assurances; Proposed Modifications and Opportunity To Comment
The FAA proposes to modify the standard grant application requirements that are required of a sponsor of a nonprimary airport before receiving a grant under the Airport Improvement Program (AIP). The FAA is providing an opportunity for public comment on proposals to modify the grant application requirements. Sponsors of nonprimary airports are now required to provide a variety of information when submitting an AIP grant application. This modification would require that a sponsor of a nonprimary airport submit a list of the aircraft (fixed wing and rotary wing) that are based on the airport.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
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:
Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes
We are adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This AD requires inspecting the drive assembly of the aft elevator standby loop of the elevator standby cable system for interference between the clevis and bolt of the bellcrank assembly, correct orientation of the pull-pull cable clevis bolt, and excessive freeplay of the bellcrank assembly bearing, and corrective actions if necessary. This AD also requires modifying the pull-pull cable clevis in the drive assembly of the aft elevator standby loop for certain airplanes. This AD results from a report of an aborted takeoff due to a control column disconnect. We are issuing this AD to prevent binding of the bolt that connects the cable 264A clevis to the bellcrank assembly against the adjacent (upper) clevis of the pull-pull cable assembly. This binding condition could result in slow airplane rotation or a control column disconnect during takeoff and a runway excursion if takeoff must be aborted.
Airworthiness Directives; Airbus Model A330-200, A330-300, and A340-300 Series Airplanes
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:
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Bombardier Model DHC-8-400 series airplanes. That AD currently requires inspecting all barrel nuts to determine if the barrel nuts have a certain marking, inspecting affected bolts to determine if the bolts are pre-loaded correctly, and replacing all hardware if the pre-load is incorrect. For airplanes on which the pre-load is correct, the existing AD requires doing repetitive visual inspections for cracking of the barrel nuts and cradles and replacing all hardware for all cracked barrel nuts. The existing AD also requires replacing all hardware for certain affected barrel nuts that do not have cracking, which would end the repetitive inspections for those airplanes. The existing AD also provides an optional replacement for all affected barrel nuts. This new AD requires replacing all affected barrel nuts and applying a certain compound to the affected barrel nuts and bolts. This AD results from reports of cracking in the barrel nuts at the four primary front spar wing-to- fuselage attachment joints. We are issuing this AD to detect and correct cracking of the barrel nuts at the wing front spar wing-to- fuselage joints, which could result in reduced structural integrity of the wing-to-fuselage attachments and consequent detachment of the wing.
Aviation Rulemaking Advisory Committee (ARAC); Notice of Reestablishment
Pursuant to section 14(a)(2)(A) of the Federal Advisory Committee Act, and in accordance with section 102-3.65, title 41 of the Code of Federal Regulations, the FAA gives notice it is re-establishing the Aviation Rulemaking Advisory Committee (ARAC) for a 2-year period. The Committee's primary purpose is to provide the public with an earlier opportunity to participate in the FAA's rulemaking process. It will continue to operate in accordance with the rules of the Federal Advisory Committee Act and the Department of Transportation, FAA Committee Management Order (1110.30C). This notice replaces the notice published on April 4, 2008 (73 FR 18602). For further information about the ARAC, please contact Ms. Gerri Robinson, FAA Office of Rulemaking, 800 Independence Avenue, SW., Washington, DC 20591; telephone number: 202-267-9678.
Notice of Funding Availability and Solicitation of Applications for the Program for Capital Grants for Rail Line Relocation and Improvement Projects
Under this Notice, the FRA encourages eligible applicants to submit applications for grants to fund rail line relocation and improvement projects. This Notice of Funds Availability does not apply to the nine (9) projects specifically enumerated in the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2008 (Division K of Pub. L. 110-161 (December 26, 2007)).
Commercial Driver's License (CDL) Standards; Isuzu Motors America, Inc. (Isuzu); Exemption Renewal
FMCSA previously announced its decision to renew Isuzu's exemption from the Agency's requirement that drivers of commercial motor vehicles (CMVs) possess a commercial driver's license (CDL) issued in the United States. Isuzu requested that its current exemption for 11 Japanese engineers and technicians be renewed to enable them to continue test driving CMVs in the U.S. FMCSA requested comment on the renewal of the exemption, but received no comments.
Commercial Driver's License Standards: Application for Exemption; Volvo Trucks North America (Volvo)
FMCSA announces that Volvo Trucks North America (Volvo) has applied for an exemption from the Federal requirement for a driver of commercial motor vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo requests that the exemption cover one Swedish field test engineer who will test-drive CMVs for Volvo within the United States. This Volvo employee holds a valid Swedish CDL. Volvo states the exemption is needed to support a Volvo field test to meet future clean air standards, to test-drive Volvo prototype vehicles to verify results in ``real world'' environments, and to deliver the vehicles if necessary in the United States. Volvo believes the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensures the exemption would provide a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirements for a CDL.
Notice of Intent To Rule on Request To Release Airport Property at Seattle Tacoma International Airport, Seattle, WA
The FAA proposes to rule and invite public comment on the release of land at Seattle Tacoma International Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).
Federal Aviation Administration Report on Rules and Policies for Repairs, Alterations and Fabrication of Parts
This notice announces the availability of and requests comments on the proposed report on the adequacy of the FAA's current and pending regulations, policy, guidance materials, and past practices used by non-Type Certificate (TC) holders in the development of replacement parts, alterations, and repairs.
Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Renewal of Exemption
FMCSA previously announced its decision to renew Volvo Trucks North America's (Volvo) exemption for eight of its drivers to enable them to test-drive commercial motor vehicles (CMVs) in the United States without a commercial driver's license (CDL) issued by one of the States. FMCSA requested comment on the renewal of the exemption, but received no comments.
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