Department of Transportation January 2009 – Federal Register Recent Federal Regulation Documents

This action amends Class E airspace at Houston, TX. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Lone Star Executive Airport, Conroe, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Lone Star Executive Airport.

This final rule revises the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, Transport Canada's Transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also include amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. Consistent with recent changes to the International Civil Aviation Organization's Technical Instructions, PHMSA is clarifying the prohibition against transporting electrical devices, including batteries and battery-powered devices that are likely to create sparks or generate a dangerous amount of heat. PHMSA is also modifying and enhancing requirements for the packaging and handling of batteries and battery-powered devices, particularly in air commerce, to emphasize the safety precautions that are necessary to prevent incidents during transportation. PHMSA developed these revisions in conjunction with the Federal Aviation Administration to enhance the safe transportation of batteries and battery-powered devices.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 219 meeting: Attitude and Heading Reference Systems (AHRS).

This action proposes to amend Class E airspace at Omaha, NE. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Blair Municipal Airport, Blair, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Blair Municipal Airport. This action also would make minor changes to the geographic coordinates of the existing airports in the Omaha, NE, airspace area.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(1)(1). These actions relate to a proposedHighway project on State Route 101 in San Francisco County, State of California. These actions grant approvals for the project.

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:

The Federal Transit Administration (FTA) and the Florida Department of Transportation (FDOT) issue this notice to advise governmental agencies, the public and other interested stakeholders of FTA's and FDOT's intent to continue the early scoping and planning- level National Environmental Policy Act (NEPA)/Florida's Efficient Transportation Decision Making (ETDM) process previously initiated for the South Florida East Coast Corridor Transit Analysis (SFECCTA) study. This notice is announcing to interested parties that additional early scoping meetings will be held at the beginning of the second phase of early scoping/ETDM on the dates provided below, and to inform the general public regarding the ongoing planning process. The FTA and FDOT have been exploring transportation alternatives along an 85-mile section of the existing Florida East Coast (FEC) Railway freight corridor between Miami and Tequesta, Florida. A programmatic Tier 1 Draft Environmental Impact Statement (DEIS) developed an approach for evaluating impacts associated with various transportation improvement alternatives. The Tier 1 DEIS identified a number of transportation improvement alternatives that will be further evaluated in the continuation of the early scoping/ETDM process. This process is intended to result in selection of one or more locally- preferred transportation improvement alternatives. FDOT has been engaged in alternatives analysis and produced the Final Conceptual Alternatives Analysis/Environmental Screening Report (AA/ESR) that documents the results of the first phase of the SFECCTA planning. An electronic copy of this interim report is available upon request from the contact below. With the continuation of early scoping, the FTA and FDOT will discontinue the pursuit of a Tiered Programmatic EIS process and continue the statutorily required Alternatives Analysis process. Within this process, it is FDOT's intention to screen alternatives and determine transportation mode and general alignment within the corridor for each of the three independent corridor sections. At the conclusion of the early scoping process, the locally approved alternatives (LPAs) for each corridor segment will be adopted by the individual Metropolitan Planning Organizations and the Long Range Transportation Plans will be updated. FTA and FDOT will then prepare a Draft Environmental Impact Statement incorporating by reference all early scoping environmental planning efforts.

FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 14 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.

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.

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.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on October 24, 2008, vol. 73, no. 207, page 63540. The respondents to this information collection are FAR Part 135 and Part 121 operators. The FAA will use the information to ensure compliance and adherence to the regulations.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB's) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on October 24, 2008, vol. 73, no. 207, page 63541. The rule allows experienced pilots who would otherwise qualify as flight instructors or check airmen, but who are not eligible to hold the requisite medical certificate, to perform flight instructor or check airmen functions in a simulator.

These special conditions are issued for Boeing Model 757 series airplanes. These airplanes, as modified by American Airlines, Inc., will have a novel or unusual design feature associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This document revises an earlier supplemental notice of proposed rulemaking (NPRM), applicable to certain Boeing Model 737-300, -400, - 500, -600, -700, -700C, -800, and -900, and 747-400 series airplanes; and Model 757, 767, and 777 airplanes. The first supplemental NPRM would have required modifying the static inverter by replacing resistor R170 with a new resistor and relocating the new resistor. This new action revises the first supplemental NPRM by adding certain airplanes to the applicability, changing certain airplane groups, and adding certain part numbers. The actions specified by this second supplemental NPRM are intended to prevent a standby static inverter from overheating, which could result in smoke in the flight deck and cabin and loss of the electrical standby power system. This action is intended to address the identified unsafe condition.

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This proposed AD would require modifying the control power wiring of the normal supply fan and the low flow sensor for the equipment cooling system of the electronic flight instrument system (EFIS). This proposed AD results from a report of loss of both the normal EFIS cooling supply and the indication of EFIS cooling loss due to a single failure of the battery bus, causing eventual power-down of the EFIS displays; the standby attitude indication is also powered by this battery bus. We are proposing this AD to prevent loss of all attitude indications from both the standby indicator and EFIS displays, which could decrease the ability of the flightcrew to maintain the safe flight and landing of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747-200C and 747-200F series airplanes. This proposed AD would require installing larger moisture shrouds and additional drain lines in the electrical/electronic equipment center. This proposed AD results from reports of water contamination in the electrical/electronic units in the main equipment center. We are proposing this AD to prevent water contamination in the electrical/ electronic units in the main equipment center, which could result in an electrical short and potential loss of several functions essential for safe flight.

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.

The Maritime Administration announces that the Coast Guard, in coordination with the Maritime Administration, will prepare an environmental impact statement (EIS) as part of the environmental review of this license application. The application describes a project that would be located approximately 13.5 miles south of the City of Long Beach, New York, 19 miles east of Highlands, New Jersey, and 23 miles southeast of the Ports of New York and New Jersey. The proposed port would consist of a 60.5 acre island at the surface, 116 to 140 acres at its base and constructed in approximately 60 to 70 feet of water covering the area known as Cholera Bank. The EIS will be prepared with the New York State Department of Environmental Conservation (NYSDEC) as a cooperating agency in the environmental review with the Coast Guard. The EIS will meet the requirements of both the National Environmental Policy Act (NEPA) and the New York State Environmental Quality Review Act (SEQRA). In addition, the Coast Guard and the Maritime Administration will be working with appropriate state agency representatives from New Jersey to ensure potential impacts and concerns of New Jersey are addressed in the EIS. Publication of this notice begins a 30 day scoping process that will assist in the identification and determination of the environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information regarding how to participate in the process. It announces a public meeting to be held in connection with the EIS; requests for public comment on the scope of the EIS; and also serves as a notice of public scoping sessions as provided for under SEQRA, 6 NYCRR Sec. 617.8. At least one public meeting will take place in each adjacent coastal state. For purposes of the Deepwater Port Act (Act), New York and New Jersey are adjacent coastal states for this application.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 9 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.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew two information collections, which are summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on September 22, 2008. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), the Surface Transportation Board (Board) gives notice that it is requesting from the Office of Management and Budget (OMB) an extension of approval without change of the seven existing collections described below. Comments are requested concerning each collection as to (1) whether the particular collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board's burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate.

On May 20, 2008, R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP) filed a petition with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate an abandoned 10.8-mile rail line between Wallaceton Junction and Winburne in Clearfield County, Pennsylvania (the Western Segment) and to rebuild the track on a connecting 9.3-mile line between Winburne and Gorton in Clearfield and Centre Counties, Pennsylvania (the Eastern Segment) that is currently being used for interim trail use, subject to the possible restoration of rail service (rail banking) pursuant to the Trails Act, 16 U.S.C. 1247(d). In total, the proposed project would involve the construction or rebuilding, and operation, of approximately 20 miles of the former Beech Creek Railroad to serve a new quarry, landfill, and industrial park being developed by Resource Recovery, LLC, near Gorton, Pennsylvania. Because this project has the potential to result in significant environmental impacts, the Board's Section of Environmental Analysis (SEA) has determined that the preparation of an Environmental Impact Statement (EIS) is appropriate pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.). The purpose of this Notice of Intent is to notify individuals and agencies interested in or affected by the proposed project of the decision to prepare an EIS. SEA will hold a public scoping meeting as part of the NEPA process associated with the development of the EIS. Additionally, as part of the scoping process, SEA has developed a draft Scope of Study for the EIS for review and comment. The public meeting date and location, along with the draft Scope of Study, are provided below: Date and Location: The public scoping meeting will be held: Tuesday, February 10, 2009, 6-8 p.m., Philipsburg-Osceola Area Senior High School, 502 Philips Street, Philipsburg, PA 16866-1899. The public scoping meeting will be held in an informal open-house format during which interested persons may ask questions about the proposed project and the Board's environmental review process, and advise SEA staff about potential environmental effects of the project. No formal presentations will be made by agency representatives. SEA staff will be available to answer questions and receive comments individually. Interested parties are invited to submit written comments on the draft Scope of Study, alternatives to the proposed rail line, and other environmental issues and concerns by February 24, 2009, to assure full consideration during the scoping process. SEA will issue a final Scope of Study after the close of the scoping comment period.

The Federal Aviation Administration (FAA) is amending the Order Limiting Operations at New York LaGuardia Airport (LGA) that published on December 27, 2006, and was amended on November 8, 2007, and August 19, 2008. This amendment extends the expiration date to October 24, 2009.