Department of Transportation 2008 – Federal Register Recent Federal Regulation Documents

The Department of Transportation (DOT or Department) is amending its rules relating to oversales and denied boarding compensation to increase the limits on the compensation paid to ``bumped'' passengers, to cover flights by certain U.S. and foreign air carriers operated with aircraft seating 30 through 60 passengers, which are currently exempt from the rule, and to make other changes. These changes are intended to maintain consumer protection commensurate with developments in the aviation industry. This action is taken on the Department's initiative and in response to a petition from the Air Transport Association.

This notice announces an extension of the comment period on a Notice of Proposed Rulemaking (NPRM) which proposes to establish Class D airspace at San Bernardino International Airport, San Bernardino, CA. This action is being taken in response to interest by several pilot groups and local airspace users working groups in the Los Angeles basin.

This action proposes to extend the length of Area Navigation (RNAV) route Q-110 and make a minor realignment of jet route J-73, in support of the Florida West Coast Airspace Redesign project. The extension of Q-110 would provide an RNAV route for use by aircraft transitioning between Miami Air Route Traffic Control Center (ARTCC) and Jacksonville ARTCC airspace. The extension would also assist aircraft in circumnavigating military airspace associated with the Avon Park Air Force Range. The realignment of J-73 would provide space for the Q-110 extension. The FAA is proposing this action to enhance the safe and the efficient use of the navigable airspace in the western Florida area.

This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 5434) that establishes a Class E airspace area to support Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (IAPs) that serve the New Albany-Union County Airport, New Albany, MS.

This action will establish Class D airspace at Sherman, Texas. Establishment of an Air Traffic Control Tower at Sherman/Denison, Grayson County Airport, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) aircraft operations at Sherman/Denison, Grayson County Airport, Sherman, Texas.

The Federal Transit Administration (FTA) and Metro (the regional government that serves the 25 cities and three counties of the Portland, Oregon metropolitan area), in cooperation with the cities of Lake Oswego and Portland, Clackamas and Multnomah counties; Oregon Department of Transportation (ODOT) and the Tri-County Metropolitan Transportation District of Oregon (TriMet), will prepare an Environmental Impact Statement (EIS) to evaluate the benefits and impacts of proposed transit improvements. Three alternatives are proposed: (1) A No-Build alternative that includes everything in the Metro Regional Transportation Plan, not including the proposed project, and with a continuation of present day bus service policies in place of the project; (2) a streetcar alternative that would extend the existing Portland Streetcar system approximately 1.2 miles to a short terminus in Johns Landing, or 5.7 miles to a terminus in downtown Lake Oswego, with connecting bus service in the corridor, and (3) an enhanced bus alternative with capital improvements between downtown Portland and Lake Oswego and connecting bus service to the rest of the corridor. FTA and Metro will prepare the EIS in accordance with FTA regulations (23 CFR 771 et seq.) implementing the National Environmental Policy Act (NEPA), and with the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This Notice alerts interested parties of the intent to prepare the EIS, provides information on the nature of the proposed transit project, invites participation in the EIS process (including comments on the scope of the EIS proposed in this notice), and announces an upcoming public scoping meeting.

The Pipeline and Hazardous Materials Safety Administration, in coordination with the Federal Railroad Administration and the Transportation Security Administration, is revising the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. This interim final rule fulfills requirements in Section 1551 of the Implementing Recommendations of the 9/11 Commission Act of 2007.

The Federal Aviation Administration (FAA) is proposing amending the Order Limiting Scheduled Operations at New York LaGuardia that published in the Federal Register on December 27, 2006. This amendment, if adopted, would reduce the number of reservations available for unscheduled operations from six per hour to three per hour.

This notice grants the petition of Mosler Automotive (Mosler) for a temporary exemption from certain air bag requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection, for the Mosler MT900 for the requested period of thirty months. In accordance with 49 CFR Part 555, the basis for the grant is that compliance would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard, and the exemption would have a negligible impact on motor vehicle safety. This action follows our publication in the Federal Register of a document announcing receipt of Mosler's application and soliciting public comments.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program submitted by the Kenton County Airport Board 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 October 9, 2007, the FAA determined that the noise exposure maps submitted by the Kenton County Airport Board under Part 150 were in compliance with applicable requirements. On October 9, 2007, the FAA approved the Cincinnati/Northern Kentucky International Airport noise compatibility program. Most of the recommendations of the program were approved.

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 action confirms the effective date and makes a correction to the direct final rule that establishes Class E airspace at Muldrow Army Heliport, Lexington, OK, published in the Federal Register February 15, 2008 (73 FR 8795) Docket No. FAA-2008-0003. In the airspace description of the rule, the geographic coordinates were incorrect, and reference to Notice to Airmen and Airport/Facility Directory should be removed. This action corrects those errors.

This document publishes in the Federal Register an amendment adopting emergency airworthiness directive (AD) 2008-06-52 that was sent previously to all known U.S. owners and operators of certain TAE Model TAE 125-02-99 engines. This AD requires, before further flight, replacing the high-pressure fuel line and installing a high-pressure fuel line support. This AD results from reports of in-flight engine shutdown incidents on airplanes equipped with TAE 125-02-99 engines. We are issuing this AD to prevent an in-flight engine shutdown or engine fire due to a cracked fuel line.

This document announces the fourth meeting of the Motorcyclist Advisory Council to the Federal Highway Administration (MAC-FHWA). The purpose of this meeting is to advise the Secretary of Transportation, through the Administrator of the Federal Highway Administration, on infrastructure issues of concern to motorcyclists, including (1) Barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies, pursuant to section 1914 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

This action amends the Class D airspace and establishes Class E airspace at Jacksonville Cecil Field, FL. An evaluation determined the Class D airspace should be modified and a required Class E surface airspace extension be established. This rule increases the safety and efficiency of the National Airspace System enhancing operations with adjacent Jacksonville Whitehouse Naval Out Lying Field (NOLF), Jacksonville Naval Air Station (NAS) and the Jacksonville Herlong Airport. This action additionally supports the Standard Instrument Approach Procedures at Cecil Field by the establishment of a Class E4 airspace extension to the Class D.

The FAA proposes to amend its rules for sport pilots and flight instructors with a sport pilot rating. The FAA believes these changes are necessary to address airman certification issues that have arisen since regulations for the operation of light-sport aircraft were implemented. These changes would align the certification requirements for sport pilots and flight instructors with a sport pilot rating with those requirements currently applicable to other airmen certificates.

DOT intends to establish a system of records under the Privacy Act of 1974.

The FAA is adopting a new airworthiness directive (AD) to revise AD 2008-06-28, which applies to certain Avidyne Corporation (Avidyne) Primary Flight Displays (PFDs) (Part Numbers (P/Ns) 700- 00006-000, -001, -002, -003, and -100) that are installed on airplanes. AD 2008-06-28 currently requires you to do a check of the maintenance records and inspection of the PFD (if necessary) to determine if an affected serial number PFD is installed. If an affected serial number PFD is installed, this AD requires you to incorporate information that limits operation when certain conditions for the PFD or backup instruments exist. Since we issued AD 2008-06-28, we have learned that there is an incorrect serial number (SN) listed in AD 2008-06-28. Consequently, this AD retains the actions of AD 2008-06-28 and corrects the incorrect serial number. We are issuing this AD to prevent certain conditions from existing when PFDs display incorrect attitude, altitude, and airspeed information. This could result in airspeed/ altitude mismanagement or spatial disorientation of the pilot with consequent loss of airplane control, inadequate traffic separation, or controlled flight into terrain.

This action modifies Class D Airspace at Brunswick, ME. The Brunswick NAS Air Traffic Control Tower has become a part-time facility; therefore, the Class D Airspace associated with the tower operations must be modified to reflect part-time status. This action enhances the National Airspace System by replacing a more restricted airspace area with a less restrictive one at Brunswick, ME.

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: