Department of Transportation 2009 – Federal Register Recent Federal Regulation Documents
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Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines
PHMSA is extending for 30 days, until February 4, 2010, the period for filing comments to the requirement adopted in the final rule, ``Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines'' to require the reporting of failures of compression couplings used in metal pipe. PHMSA had invited public comment on the extension of this requirement to include reporting of failure of compression couplings used in metal pipe until January 4, 2010. The American Gas Association (AGA) requested that PHMSA extend the comment period for thirty days.
Airworthiness Directives; General Electric Company (GE) CF34-1A, CF34-3A, and CF34-3B Series Turbofan Engines; Delay of Effective Date
The FAA is delaying the effective date of the final rule airworthiness directive (AD) 2009-24-11, which published in the Federal Register, for an additional 30 days, from January 4, 2010 to February 3, 2010. The FAA is delaying the effective date to allow us a sufficient amount of time to make corrections to the compliance text of the final rule.
Establishment of a Special Air Traffic Rule in the Vicinity of Luke Air Force Base (AFB), AZ
This rule establishes a Special Air Traffic Rule (SATR) in the vicinity of Luke Air Force Base (Luke) which requires aircraft operating under visual flight rules (VFR) to establish two-way radio communication with the Luke Radar Approach Control (RAPCON) prior to entering the SATR area and maintain communication while operating in the area. The SATR is active during official daylight hours Monday through Friday while Luke pilot flight training is underway, as broadcast on the local Automatic Terminal Information Service (ATIS), and other times by Notice to Airmen (NOTAM). This action is necessary
Airworthiness Directives; Engine Components, Inc. (ECi) Reciprocating Engine Cylinder Assemblies
The FAA is superseding an existing airworthiness directive (AD) for Lycoming Engines (formerly Textron Lycoming) models 320, 360, and 540 series, ``Parallel Valve'' reciprocating engines, with certain Engine Components, Inc. (ECi) cylinder assemblies, part number (P/N) AEL65102 series ``Titan,'' installed. That AD currently requires initial and repetitive visual inspections and compression tests to detect cracks at the head-to-barrel interface, replacement of cylinder assemblies found cracked, and replacement of certain cylinder assemblies at new, reduced times-in-service. This AD requires the same actions, but for an expanded population of cylinder assemblies. This AD results from reports of 10 additional cylinder head separations since issuing AD 2008-19-05, on cylinder serial numbers not listed in that AD. We are issuing this AD to prevent loss of engine power due to cracks at the head-to-barrel interface and possible engine failure caused by separation of a cylinder head, which could result in loss of control of the aircraft.
Airworthiness Directives; McDonnell Douglas Corporation Model MD-11 and MD-11F Airplanes
We are adopting a new airworthiness directive (AD) for certain Model MD-11 and MD-11F airplanes. This AD requires a one-time inspection to determine if wires touch the upper surface of the center upper auxiliary fuel tank and marking the location, if necessary; a one-time inspection of all wire bundles above the center upper auxiliary fuel tank for splices and damage; a one-time inspection for damage to the fuel vapor barrier seal and upper surface of the center upper auxiliary fuel tank; and corrective actions, if necessary. This AD also requires installation of nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Construcciones Aeronauticas, S.A. (CASA), Model CN-235, CN-235-100, CN-235-200, and CN-235-300 Airplanes
We are superseding an existing 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; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, and Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW 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; Airbus Model A380-841, -842, and -861 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 Corporation Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F Airplanes
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Model DC-10-10, DC-10-10F, DC-10-15, DC- 10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes. That AD currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane. This new AD revises the applicability by adding and removing certain airplanes. This new AD requires, for certain airplanes, repositioning or replacing two bonding straps, and doing a bonding-resistance check and an inspection to determine correct installation of certain bonding straps, and applicable corrective actions. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes
The FAA is revising an existing airworthiness directive (AD), which applies to all Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. That AD currently requires revising the FAA-approved maintenance program to incorporate new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires an initial inspection to phase in certain repetitive AWL inspections, and repair if necessary. This AD clarifies the intended effect of the AD on spare and on-airplane fuel tank system components. That AD results from a design review of the fuel tank system. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Amendment of Class E Airspace; Myrtle Beach, SC
This action changes the airport name for the Myrtle Beach, SC, Class E airspace area from Myrtle Beach AFB, to Myrtle Beach International Airport. This action also will update the geographic coordinates of the airports within the controlled airspace.
Environmental Impact Statement for the California High-Speed Train Project from Merced to Sacramento, CA
This notice is to advise the public that FRA and the California High-Speed Rail Authority (Authority) will jointly prepare a project Environmental Impact Statement (EIS) and a project Environmental Impact Report (EIR) for the Merced to Sacramento Section of the Authority's proposed California High-Speed Train (HST) System in compliance with relevant State and Federal laws, in particular the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The San Joaquin Regional Rail Commission (SJRRC) is interested in providing intercity and commuter regional rail passenger services within this section of the HST System connecting to the Altamont Corridor Rail Project. FRA is issuing this Notice to alert interested parties and solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by the Authority and their representatives will be considered in the preparation of the combined EIR/EIS. The U.S. Army Corps of Engineers may serve as a cooperating agency for the preparation of the EIR/EIS.
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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; The Boeing Company Model 737-200, -300, -400, and -500 Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model 737-300, -400, and -500 series airplanes. The existing AD currently requires an inspection to determine the manufacturer and manufacture date of the oxygen masks in the passenger service unit and the lavatory and attendant box assemblies, corrective action if necessary, and other specified action. This proposed AD would expand the applicability in the existing AD. This AD results from a determination indicating that additional airplanes may be subject to the identified unsafe condition. We are proposing this AD to prevent the in-line flow indicators of the passenger oxygen masks from fracturing and separating, which could inhibit oxygen flow to the masks and consequently result in exposure of the passengers and cabin attendants to hypoxia following a depressurization event.
Enhancing Airline Passenger Protections
The Department of Transportation is issuing a final rule to enhance airline passenger protections in the following ways: By requiring air carriers to adopt contingency plans for lengthy tarmac delays and to publish those plans on their Web sites; by requiring air carriers to respond to consumer problems; by deeming continued delays on a flight that is chronically late to be unfair and deceptive in violation of 49 U.S.C. 41712; by requiring air carriers to publish information on flight delays on their Web sites; and by requiring air carriers to adopt customer service plans, to publish those plans on their Web sites, and audit their own compliance with their plans. The Department took this action on its own initiative in response to the many instances when passengers have been subject to delays on the airport tarmac for lengthy periods and also in response to the high incidence of flight delays and other consumer problems.
Proposed Amendment of Class E Airspace; Dumas, TX
This action proposes to amend Class E airspace at Dumas, TX, to accommodate new Standard Instrument Approach Procedures (SIAPs) at Moore County Airport, Dumas, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Moore County Airport.
Proposed Amendment of Class E Airspace; West Bend, WI
This action proposes to amend Class E airspace at West Bend, WI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at West Bend Municipal Airport, West Bend, WI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Modification of Class E Airspace; Oxnard, CA
This action proposes to modify Class E airspace at Point Mugu NAWS, Oxnard, CA. Additional controlled airspace is necessary to accommodate aircraft flying in the Los Angeles Air Route Traffic Control Center's (ARTCC's) airspace area. The FAA is proposing this action to enhance the safety and management of aircraft operations in Los Angeles ARTCC's airspace.
Noise Exposure Map Notice; Kissimmee Gateway Airport, Kissimmee, Florida
The Federal Aviation Administration (FAA) announces its determination that the Noise Exposure Maps submitted by the City of Kissimmee for Kissimmee Gateway Airport under the provisions of 49 U.S.C. 47501 et seq (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements.
Special Conditions: Erickson Air-Crane Incorporated S-64E and S-64F Rotorcraft
This action proposes special conditions for the Erickson Air- Crane Incorporated (Erickson Air-Crane) S-64E and S-64F rotorcraft. These rotorcraft have novel or unusual design feature(s) associated with being transport category rotorcraft designed only for use in heavy external-load operations. At the time of original type certification, a special condition was issued for each model helicopter because the applicable airworthiness regulations did not contain adequate or appropriate safety standards for turbine-engine rotorcraft or for rotorcraft with a maximum gross weight over 20,000 pounds that were designed solely to perform external-load operations. At the request of Erickson Air-Crane, the current type certificate (TC) holder for these helicopter models, we propose the following to resolve reported difficulty in applying the existing special conditions and to eliminate any confusion that has occurred in Erickson's dealings with a foreign authority. Specifically, we are proposing to consolidate the separate special conditions for each model helicopter into one special condition to clarify and more specifically reference certain special condition requirements to the regulatory requirements, to add an inadvertently omitted fire protection requirement, to recognize that occupants may be permitted in the two observer seats and the rear-facing operator seat during other than external-load operations, and to clarify the requirements relating to operations within 5 minutes of a suitable landing area.
Petition for Exemption; Summary of Petition Received
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.
Petition for Exemption; Summary of Petition Received
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.
Second Meeting, Special Committee 223: Airport Surface Wireless Communications
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 223: Airport Surface Wireless Communications.
Information Collection Available for Public Comments and Recommendations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.
Richmond-Hampton Roads Passenger Rail Project
The Federal Railroad Administration announces the availability of the Richmond-Hampton Roads Passenger Rail Project Draft Tier I Environmental Impact Statement (DEIS) for public review and comment. The DEIS was prepared pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., the Council on Environmental Quality NEPA implementing regulations, 40 CFR parts 1500- 1508, and the FRA NEPA procedures, 64 FR 28545 (May 26, 1999). FRA is the lead Federal agency and the Virginia Department of Rail and Public Transportation (DRPT) is the lead State agency. The Environmental Protection Agency (EPA) included the DEIS in the Notice of Availability (NOA) published on December 11, 2009.
Airworthiness Directives; The Boeing Company Model 767 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Model 767 airplanes. This proposed AD would require installing new panel assemblies in the main equipment center and removing certain relays from some panels in the main equipment center. This proposed AD would also require revising the maintenance program to incorporate airworthiness limitations (AWLs) No. 28-AWL-27 and No. 28-AWL-28. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent possible sources of ignition in a fuel tank caused by electrical fault or uncommanded dry operation of the main tank boost pumps and center auxiliary tank override and jettison pumps. An ignition source in the fuel tank could result in a fire or an explosion and consequent loss of the airplane.
Hazardous Materials: Adjustment of Maximum and Minimum Civil Penalties
PHMSA is adjusting the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The maximum civil penalty is increased to $55,000, and to $110,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. The minimum civil penalty is increased to $275, and to $495 for a violation related to training. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt Collection Improvement Act of 1996.
Requirements for Intermodal Equipment Providers and for Motor Carriers and Drivers Operating Intermodal Equipment
FMCSA amends its December 17, 2008, final rule implementing section 4118 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The 2008 final rule makes intermodal equipment providers (IEPs) subject to certain Federal Motor Carrier Safety Regulations (FMCSRs), and establishes shared safety responsibility among IEPs, motor carriers, and drivers. These amendments create a fifth marking option for identifying the IEP responsible for the inspection, repair, and maintenance of items of intermodal equipment (IME) in response to a petition for reconsideration from the Intermodal Association of North America (IANA); clarify regulatory text and correct an inadvertent error in response to a petition for reconsideration from the Ocean Carrier Equipment Management Association (OCEMA); and extend the deadline for IEPs, motor carriers, and drivers operating IME to comply with certain provisions pertaining to driver-vehicle inspections in response to a petition filed by OCEMA.
Airworthiness Directives; Bombardier, Inc. (Type Certificate Previously Held by Avro International Aerospace Division; British Aerospace, PLC; British Aerospace Commercial Aircraft Limited; British Aerospace (England)) Model BD-100-1A10 (Challenger 300) Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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; Airbus Model A330-200 and -300, and Model A340-200, -300, -500 and 600 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed 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:
Agency Information Collection Activities: Request for Comments for a New Information Collection, Titled: Reports, Forms and Recordkeeping Requirements
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on February 26, 2009. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Amendment of Class E Airspace; Gadsden, AL
This action modifies Class E airspace at Gadsden, AL, to accommodate the new Standard Instrument Approach Procedures (SIAPs) developed for Northeast Alabama Regional, Gadsden, AL. Additional controlled airspace is necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also changes the airport name to Northeast Alabama Regional.
Amendment of Class E Airspace; Altus, OK
This action amends Class E airspace for the Altus, OK area. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Altus/Quartz Mountain Regional Airport, Altus, OK. This action also updates the geographic coordinates of the Altus AFB Rwy 17 ILS Localizer. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Burnet, TX
This action amends Class E airspace for Burnet, TX, adding additional controlled airspace to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Burnet Municipal AirportKate Craddock Field, and updates the geographic coordinates of the Burnet Non-directional Radio Beacon (NDB). The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Notice of Final Federal Agency Actions on Proposed Highway 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 various proposed highway projects in the State of Texas. Those actions grant licenses, permits and approvals for the projects.
Northern Plains Railroad, Inc.-Discontinuance of Service Exemption-in Ramsey and Benson Counties, ND
Airworthiness Directives; The Boeing Company Model 707 Airplanes, and Model 720 and 720B Series Airplanes
The FAA is revising an existing airworthiness directive (AD), which applies to all Model 707 airplanes, and Model 720 and 720B series airplanes. That AD currently requires revising the FAA-approved maintenance program by incorporating new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires an initial inspection to phase in certain repetitive AWL inspections, and repair if necessary. This AD clarifies the intended effect of the AD on spare and on-airplane fuel tank system components. This AD results from design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; The Boeing Company Model 767-200, -300, -300F, and -400ER Series Airplanes
The FAA is revising an existing airworthiness directive (AD), which applies to certain Model 767-200, -300, -300F, and -400ER series airplanes. That AD currently requires revising the FAA-approved maintenance program to incorporate new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires an initial inspection to phase in certain repetitive AWL inspections, and repair if necessary. This AD clarifies the intended effect of the AD on spare and on- airplane fuel tank system components. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Federal Motor Vehicle Safety Standards; Bus Emergency Exits and Window Retention and Release
This NPRM proposes two housekeeping measures relating to Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ``Bus emergency exits and window retention and release.'' First, in response to a petition for rulemaking from the School Bus Manufacturers' Technical Council, NHTSA proposes to amend the standard to specify that the exterior release (the exterior handle) for school bus rear emergency exit doors may be located opposite the door hinges. The standard currently specifies that the exterior release for rear emergency exit doors be located in the middle of the door. Second, this NPRM would clarify FMVSS No. 217 as to the number of force applications that are required to open a window or roof emergency exit. For exits with one release mechanism, the exit shall require two force applications to open. The standard currently specifies that the ``mechanism'' shall require two force applications to open. For exits with two release mechanisms, there shall be a total of three force applications to open the exit: one force application shall be applied to each of the two mechanisms to release the mechanism, and another force shall be applied to open the exit.
Amendment of Class E Airspace; West Branch, MI
This action amends Class E airspace at West Branch, MI, to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at West Branch Community Airport, West Branch, MI. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
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