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

Simplified Standards for Rail Rate Cases-Taxes in Revenue Shortfall Allocation Method
Document Number: E9-2056
Type: Notice
Date: 2009-01-30
Agency: Surface Transportation Board, Department of Transportation
By a decision served on January 30, 2009, the Board directed the Association of American Railroads (AAR), and permitted other parties, to file supplemental evidence so that the Board has a full record on which to base its methodology to calculate a railroad- specific average state tax rate for use in the Revenue Shortfall Allocation Method (RSAM).
Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas Cylinders
Document Number: E9-1993
Type: Notice
Date: 2009-01-30
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Interested parties are invited to comment on an application by AMTROL, Inc., for an administrative determination as to whether Federal hazardous material transportation law preempts State common law tort claims alleging that the manufacturer of DOT specification 39 compressed gas cylinders should have designed the cylinders to resist rusting over time and/or provided additional warnings of the potential rusting over time, beyond requirements in the Hazardous Materials Regulations (HMR) for the manufacture, marking, and labeling of these cylinders.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E9-1992
Type: Notice
Date: 2009-01-30
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD 2009 0004 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E9-1991
Type: Notice
Date: 2009-01-30
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD 2009 0005 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E9-1990
Type: Notice
Date: 2009-01-30
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009 0002 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
Document Number: E9-1989
Type: Notice
Date: 2009-01-30
Agency: Maritime Administration, Department of Transportation
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009 0002 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
NextGen Mid-Term Implementation Task Force
Document Number: E9-1976
Type: Notice
Date: 2009-01-30
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing this notice to advise the public of a meeting of the NextGen Mid-Term Implementation Task Force.
Finding of No Significant Impact
Document Number: E9-1974
Type: Notice
Date: 2009-01-30
Agency: Federal Aviation Administration, Department of Transportation
The FAA participated as a cooperating agency with the U.S. Air Force (USAF) in preparation of the Environmental Assessment (EA) for the Falcon 1 and Falcon 9 Launch Vehicle Program (Falcon Launch Vehicle Program) at Cape Canaveral Air Force Station (CCAFS), Florida, November 2007. The Falcon Launch Vehicle Program is a commercial venture by Space Exploration Technologies, Inc. (SpaceX) to put spacecraft into orbit and supply the International Space Station (ISS) once the Space Shuttle is retired. The Proposed Action analyzed in the EA includes launching two space launch vehicles, the Falcon 1 and the Falcon 9 from Space Launch Complex (SLC) 40, while utilizing the Solid Motor Assembly and Readiness Facility (SMARF) building as a vehicle support facility, and the reentry and recovery of the Dragon reentry capsule in the ocean. The EA analyzed the environmental consequences of conducting up to twelve Falcon 1 launches per year and up to twelve Falcon 9 launches per year starting in 2008 for the next five years from SLC 40 at CCAFS. Two alternative locations, SLC 37 and 47, were considered for the launch of the Falcon vehicles. The EA also analyzed the environmental consequences of reentry/recovery of the Dragon reentry capsule. Additionally, the EA analyzed infrastructure improvements proposed at CCAFS to support the proposed launch activities. The USAF signed a Finding of No Significant Impact (FONSI) on December 21, 2007, which stated that the Proposed Action should not have a significant environmental impact on the human environment. SpaceX is required to obtain a launch license from the FAA to conduct launches of the Falcon 1 and Falcon 9 launch vehicles with commercial payloads. SpaceX also is required to obtain a reentry license from the FAA for the reentry of the Dragon capsule. The FAA is using the EA to support its environmental determination for a launch license for SpaceX to launch Falcon 1 and Falcon 9 vehicles at CCAFS and a reentry license for the Dragon capsule. From its independent review and consideration, the FAA has determined that the Proposed Action addressed in this FONSI, to issue a launch or reentry license for Falcon 1 and Falcon 9 launch vehicle activities, is substantially the same as the actions analyzed in the Falcon Launch Vehicle Program EA and that FAA's comments and suggestions have been satisfied (see 1506.3(c) and FAA Order 1050.1E, 518h). The FAA formally adopts the EA and hereby incorporates the analysis to support future decisions on license applications. After reviewing and analyzing currently available data and information on existing conditions, project impacts, and measures to mitigate those impacts, the FAA has determined that its action is not a Federal action that would significantly affect the quality of the human environment within the meaning of the National Environmental Policy Act (NEPA). Therefore, the preparation of an Environmental Impact Statement (EIS) is not required and the FAA is issuing this FONSI. The FAA made this determination in accordance with all applicable environmental laws. For a Copy of the EA or FONSI Contact: Questions or comments should be directed to Mr. Daniel Czelusniak; FAA Environmental Specialist; Federal Aviation Administration; 800 Independence Ave., SW.; AST-I00, Suite 331; Washington, DC 20591; (202) 267-5924.
Establishment of an Emergency Relief Docket for Calendar Year 2009
Document Number: E9-1969
Type: Notice
Date: 2009-01-30
Agency: Federal Railroad Administration, Department of Transportation
This Notice announces the establishment of FRA's emergency relief docket (ERD) for calendar year 2009. The designated ERD for calendar year 2009 is docket number FRA-2009-0009.
Placer Parkway Partially Revised Draft Tier I Environmental Impact Statement
Document Number: E9-1797
Type: Notice
Date: 2009-01-30
Agency: Federal Highway Administration, Department of Transportation
The Federal Highway Administration (FHWA) is issuing this notice to advise the public of the availability of a Partially Revised Draft Tier 1 EIS for the Placer Parkway Corridor Preservation Project, a proposed transportation corridor in western Placer and eastern Sutter Counties, California. Specifically, the action being considered and evaluated is to select and preserve a 500- to 1,000-foot-wide corridor in the project study area, within which the future four- or six-lane Placer Parkway may be constructed. Placer Parkway is intended to reduce anticipated congestion on both the local and regional transportation system and to advance economic development goals in south Sutter County and southwestern Placer County. Five corridor build alternatives and a no-build alternative are evaluated in the Draft Tier 1 EIS. Although the Parkway would be designed and construction-level impacts analyzed during Tier 2, for the purpose of the Draft Tier 1 EIS, several assumptions have been made about potential design and configuration concepts. These assumptions would be subject to further development and refinement, and specific decisions about design of the roadway would be made during the Tier 2 process. The Parkway would be a high-speed, limited access roadway. Conceptually, interchanges would be located at SR 70/99 (at one-half mile north of Riego Road or at Sankey Road), one or two locations to be determined in southern Sutter County, Fiddyment Road, Foothills Boulevard, and SR 65 at Whitney Ranch Parkway. Access would be restricted for the 7-mile segment between Pleasant Grove Road and Fiddyment Road. The Draft Tier 1 EIS assumes no interchanges in this segment. Revisions to the Draft Tier 1 EIS and Additional Analyses in the Partially Revised Draft Tier 1 EIS: The Partially Revised Draft Tier 1 EIS serves as a supplement to the Draft Tier 1 EIS issued in June 2007, to reflect additional analyses developed since the publication of the prior draft. The Partially Revised Draft Tier 1 EIS provides revisions to the Draft Tier 1 EIS, including updates to farmland classification data and greenhouse gas emissions. It also includes additional analyses of growth inducement, secondary and indirect impacts and cumulative impacts based on hypothetical future scenarios prepared for the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. Public Review and Comment Period: Comments regarding the Partially Revised Draft Tier 1 EIS shall be accepted beginning on January 30, 2009 and must be submitted in writing by 5 p.m. on March 15, 2009 to Placer County Transportation Planning Agency (PCTPA) via regular mail to PCTPA, Attention: Celia McAdam, Executive Director, 299 Nevada St., Auburn, California 95603, or via e-mail to pctpa@pctpa.net.
Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: COMPASS Portal Customer Satisfaction Assessment
Document Number: E9-1870
Type: Notice
Date: 2009-01-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The collection involves the assessment of FMCSA's strategic decision to integrate its Information Technology (IT) with its business processes using portal technology to consolidate its systems and databases through the FMCSA COMPASS modernization initiative. The information to be collected will be used to assess the satisfaction of Federal, State, and industry customers with the FMCSA COMPASS Portal.
Aviation Proceedings, Agreements filed the week ending January 17, 2009
Document Number: E9-1802
Type: Notice
Date: 2009-01-28
Agency: Office of the Secretary, Department of Transportation
Notice of Final Federal Agency Actions on Proposed Highway in Michigan
Document Number: E9-1789
Type: Notice
Date: 2009-01-28
Agency: Federal Highway Administration, Department of Transportation
This notice announces the availability of a Record of Decision by FHWA pursuant to the requirements of the National Environmental Protection Policy Act of 1969 (NEPA), 42 U.S.C. 4321, as amended and the Council on Environmental Quality Regulations (40 CFR Parts 1500- 1508). In addition, this Notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(1)(1). These actions relate to a proposed border crossing project, Detroit River International Crossing Study in Detroit, Wayne County, Michigan. These actions grant approvals for the project.
Seventy-Eighth Meeting-Special Committee 159-Global Positioning System (GPS)
Document Number: E9-1741
Type: Notice
Date: 2009-01-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 159: Global Positioning System (GPS).
Kyle Railroad Company-Acquisition and Operation Exemption-Mid-States Port Authority
Document Number: E9-1544
Type: Notice
Date: 2009-01-28
Agency: Surface Transportation Board, Department of Transportation
Texas Offshore Port System Crude Oil Deepwater Port License Application
Document Number: E9-1514
Type: Notice
Date: 2009-01-28
Agency: Maritime Administration, Department of Transportation
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 30 statute miles southeast of Freeport, Brazoria County, Texas. Publication of this notice begins a scoping process that will help identify and determine the scope of environmental issues to be addressed in the EIS. This notice requests public participation in the scoping process and provides information on how to participate.
Environmental Impact Statement: Los Angeles County, CA
Document Number: E9-1685
Type: Notice
Date: 2009-01-27
Agency: Federal Highway Administration, Department of Transportation
The FHWA, on behalf of the California Department of Transportation (Caltrans), is issuing this notice to advise the public that a draft Environmental Impact Statement (EIS) will be prepared for the proposed New State Route 138 project in Los Angeles County, California.
Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review; Destin-Ft. Walton Beach Airport Destin, FL
Document Number: E9-1531
Type: Notice
Date: 2009-01-27
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) announces its determination that the Noise Exposure Maps submitted by Okaloosa County for Destin-Ft. Walton Beach 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. The FAA also announces that it is reviewing a proposed Noise Compatibility Program that was submitted for Destin-Ft. Walton Beach under Part 150 in conjunction with the Noise Exposure Map, and that this program will be approved or disapproved on or before July 13, 2009.
Solid Waste Rail Transfer Facilities
Document Number: E9-1304
Type: Rule
Date: 2009-01-27
Agency: Surface Transportation Board, Department of Transportation
The Clean Railroads Act of 2008 (Clean Railroads Act or CRA), enacted to remove from the jurisdiction of the Surface Transportation Board (Board or STB) the regulation of solid waste rail transfer facilities, except as provided for in that act. The Clean Railroads Act adds new sections to title 49 of the United States Code which limit the Board's authority with regard to solid waste rail transfer facilities to the issuance of land-use-exemption permits. Upon receiving a land- use-exemption permit, a solid waste rail transfer facility need not comply with state laws, regulations, orders, and other requirements affecting the siting of the facility, as those state laws, regulations, orders and requirements would be preempted under these circumstances. The Clean Railroads Act also requires that the Board issue procedures governing the submission and review of applications for land-use- exemption permits and related filings.
Notice of Availability of Discussion Paper on the Evaluation of Economic Development
Document Number: E9-1545
Type: Notice
Date: 2009-01-26
Agency: Federal Transit Administration, Department of Transportation
This notice announces the availability of the Federal Transit Administration's (FTA) discussion paper on the Evaluation of Economic Development and requests your comments on it. The paper describes one possible approach that could be used to evaluate economic development impacts of projects seeking New Starts funding. Economic development is one of the criteria that FTA uses to assess project justification, which, along with local financial commitment, informs FTA funding decisions for New Starts projects.
Notice of Final Federal Agency Action on PIN 8006.72, New York State Route 17 at Exit 122 Within the Town of Wallkill, Orange County, NY
Document Number: E9-1534
Type: Notice
Date: 2009-01-26
Agency: Federal Highway Administration, Department of Transportation
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, that involves reconstruction of an interchange and related transportation improvements centered on the New York State Route 17 Exit 122 interchange within the Town of Wallkill, Orange County, in the State of New York. Those actions grant licenses, permits, and approvals for the project.
Buy America Waiver Notification
Document Number: E9-1516
Type: Notice
Date: 2009-01-26
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding the FHWA's finding that Buy America waivers are appropriate for certain steel products used in Federal-aid construction projects in New Jersey, NY, Massachusetts, and Florida.
Environmental Impact Statement: Essex and Middlesex Counties, MA
Document Number: E9-1422
Type: Notice
Date: 2009-01-26
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice, in accordance to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations contained in 23 CFR part 771, to advise the public that an Environmental Impact Statement (EIS) will be prepared for proposed highway improvements and an interchange project on Interstate 93 (I-93) in Essex and Middlesex Counties, Massachusetts.
Notice of Limitation on Claims Against Proposed Public Transportation Projects
Document Number: E9-1408
Type: Notice
Date: 2009-01-26
Agency: Federal Transit Administration, Department of Transportation
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for public transportation projects in the following areas: San Francisco, California; Miami, Florida; Sacramento, California; and Hudson County, New Jersey and New York, New York. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.
Special Conditions: Model C-27J Airplane; Interaction of Systems and Structures
Document Number: E9-1327
Type: Proposed Rule
Date: 2009-01-26
Agency: Federal Aviation Administration, Department of Transportation
This action proposes special conditions for the Alenia Model C-27J airplane. This airplane has novel or unusual design features when compared to the state of technology described in the airworthiness standards for transport-category airplanes. These design features include electronic flight-control systems. These special conditions pertain to the effects of novel or unusual design features such as effects on the structural performance of the airplane. We have issued additional special conditions for other novel or unusual design features of the C-27J. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Noise Exposure Map Notice for Modesto City-County Airport, Modesto, CA
Document Number: E9-1315
Type: Notice
Date: 2009-01-26
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by City of Modesto, California for Modesto City-County 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.
Notice of Intent to Rule on Passenger Facility Charge (PFC) Application 09-09-C-00-PHX, To Impose and Use PFC Revenue at Phoenix Sky Harbor International Airport, Phoenix, AZ
Document Number: E9-1313
Type: Notice
Date: 2009-01-26
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to rule and invites public comment on the application to impose and use PFC revenue at Phoenix Sky Harbor International Airport, 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).
Airworthiness Directives; Polskie Zaklady Lotnicze Spolka zo.o Model PZL M26 01 Airplanes
Document Number: E9-776
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by the 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
Document Number: E9-320
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
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 CL-600-2C10 (Regional Jet Series 700, 701, and 702) Airplanes; CL-600-2D15 (Regional Jet Series 705) Airplanes; and CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: E9-28
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
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 A318, A319, A320, and A321 Airplanes
Document Number: E9-26
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
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 CL-600-2C10 (Regional Jet Series 700, 701, & 702) and Model CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: E9-23
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
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:
Helicopter Emergency Medical Services Operations
Document Number: E9-1448
Type: Notice
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
This notice discusses comments received on proposed revisions to Operations Specification A021, pertaining to Helicopter Emergency Medical Services (HEMS) operations, and Operation Specification A050, pertaining to Helicopter Night Vision Goggle Operations (HNVGO) and changes made to the proposed revisions based upon comments received.
New York State Department of Environmental Conservation Requirements on Gasoline Transport Vehicles
Document Number: E9-1431
Type: Notice
Date: 2009-01-23
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Federal hazardous material transportation law does not preempt that part of 6 NYCRR 230.4(a)(3) requiring that a gasoline transport vehicle must be marked, near the U.S. DOT specification plate, with the date on which the tank was last tested for vapor tightness. Federal hazardous material transportation law preempts (1) the provisions in 6 NYCRR 230.4(a)(3) which require that the marking be a minimum two inches and contain ``NYS DEC''; (2) the requirement in 6 NYCRR 230.6(b) for maintaining a copy of the most recent pressure-vacuum test results with the gasoline transport vehicle; and (3) the requirement in 6 NYCRR 230.6(c) to retain pressure-vacuum test and repair results for two years, because these requirements are not substantively the same as requirements in the HMR on the marking, maintaining, repairing, or testing of a package or container that is represented, marked, certified, or sold as qualified for transporting hazardous material.
Pipeline Safety: Requests for Special Permit
Document Number: E9-1425
Type: Notice
Date: 2009-01-23
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
The Federal pipeline safety laws allow a pipeline operator to request PHMSA to waive compliance with any part of the Federal pipeline safety regulations by granting a special permit to the operator. PHMSA is publishing this notice to provide a list of special permit requests we have received from pipeline operators seeking relief from compliance with certain pipeline safety regulations. This notice seeks public comment on these requests, including comments on any environmental impacts. At the conclusion of the 30 days comment period, PHMSA will evaluate each request individually to determine whether to grant or deny a special permit.
Notice To Rescind Notice of Intent To Prepare an Environmental Impact Statement: Lawrence, Christian, and Greene Counties, MI
Document Number: E9-1420
Type: Notice
Date: 2009-01-23
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to advise the public that we are rescinding the Notice of Intent (NOI) to prepare an environmental impact statement (EIS) for improvements that were proposed to the transportation system in Lawrence, Christian, and Greene Counties, Missouri.
Massachusetts' Definitions of Hazardous Materials
Document Number: E9-1419
Type: Notice
Date: 2009-01-23
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
The Federal Hazmat Law does not preempt the definitions of ``hazardous material'' in M.G.L. chs. 21 E and 21 K. As applied and enforced, the challenged provisions of Massachusetts' laws are not an ``obstacle'' to accomplishing and carrying out the Federal Hazmat Law, the HMR, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security. Because a regulated entity may comply with the State and Federal requirements at the same time the Massachusetts' laws are not preempted under the ``dual compliance'' test. These definitions and State requirements also do not concern any of the five subject areas in which State Authority is expressly preempted by the Federal Hazmat Law, and State enforcement of these laws does not otherwise frustrate Congressional intent.
Notice of Proposed Policy Statement for Eligible New Freedom Projects
Document Number: E9-1412
Type: Notice
Date: 2009-01-23
Agency: Federal Transit Administration, Department of Transportation
The Federal Transit Administration (FTA) is proposing to expand the type of projects it considers to be ``beyond the ADA'' and thus increase the types of projects eligible for funding under the New Freedom program. Under the proposed interpretation, new and expanded fixed route and demand responsive transit service designed to meet the needs of individuals with disabilities would be eligible projects.
Environmental Impact Statement Adoption; Washington, DC
Document Number: E9-1385
Type: Notice
Date: 2009-01-23
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to advise the public of its intent to adopt an existing Final Environmental Impact Statement (EIS) in accordance with the Council on Environmental Quality regulations, 40 CFR 1506.3. The Final EIS has been prepared and approved by the General Services Administration (GSA), National Capital Region.
Applications of Avjet Corporation for Certificate Authority
Document Number: E9-1378
Type: Notice
Date: 2009-01-23
Agency: Office of the Secretary, Department of Transportation
The Department of Transportation is directing all interested persons to show cause why it should not issue orders finding Avjet Corporation, fit, willing, and able, and awarding it certificates of public convenience and necessity to engage in interstate and foreign charter air transportation of persons, property and mail.
Twelfth Meeting-Special Committee 215-Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment
Document Number: E9-1342
Type: Notice
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 215, Aeronautical Mobile Satellite (Route) Services, Next Generation Satellite Services and Equipment.
Paul S. Sarbanes Transit in Parks Program
Document Number: E9-1258
Type: Notice
Date: 2009-01-23
Agency: Federal Transit Administration, Department of Transportation
This notice solicits proposals to compete for Fiscal Year (FY) 2009 funds through the Paul S. Sarbanes Transit in Parks Program (Transit in Parks Program), formerly the Alternative Transportation in Parks and Public Lands program (ATPPL), administered by the Federal Transit Administration (FTA) in partnership with the Department of the Interior (DOI) and the U.S. Department of Agriculture's Forest Service. The purpose of the program is to enhance the protection of national parks and Federal lands, and increase the enjoyment of visitors' experience. The program funds capital and planning expenses for alternative transportation systems such as buses and trams in federally-managed parks and public lands. Federal land management agencies, as well as State, tribal and local governments acting with the consent of a Federal land management agency are eligible to apply. DOI, after consultation with and in cooperation with FTA, will determine the final selection and funding of projects.
Advisory Circular 35-1, Certification of Propellers
Document Number: E9-1177
Type: Notice
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
This notice announces the issuance of Advisory Circular (AC) 35-1, Certification of Propellers. This AC provides guidance and describes acceptable methods, but not the only methods, that may be used to demonstrate compliance with provisions of the requirements of part 35 of Title 14 of the Code of Federal Regulations (14 CFR part 35).
Office of Hazardous Materials Safety; Notice of Application for Special Permits
Document Number: E9-1176
Type: Notice
Date: 2009-01-23
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the 'Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit
Document Number: E9-1175
Type: Notice
Date: 2009-01-23
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' demote a modification request. There applications have been separated from the new application for special permits to facilitate processing.
Airworthiness Directives; Lycoming Engines IO, (L)IO, TIO, (L)TIO, AEIO, AIO, IGO, IVO, and HIO Series Reciprocating Engines, Teledyne Continental Motors (TCM) LTSIO-360-RB and TSIO-360-RB Reciprocating Engines, and Superior Air Parts, Inc. IO-360 Series Reciprocating Engines With Certain Precision Airmotive LLC RSA-5 and RSA-10 Series, and Bendix RSA-5 and RSA-10 Series, Fuel Injection Servos
Document Number: E9-1047
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) for Lycoming Engines IO, (L)IO, TIO, (L)TIO, AEIO, AIO, IGO, IVO, and HIO series reciprocating engines, TCM TSIO-360-RB reciprocating engines, and Superior Air Parts, Inc. IO-360 series reciprocating engines with certain Precision Airmotive LLC RSA-5 and RSA-10 series fuel injection servos. That AD currently requires inspecting servo plugs for looseness and damage on fuel injection servos that have a servo plug gasket, part number (P/N) 365533, installed, and if loose, inspecting the servo regulator cover threads for damage, inspecting the gasket for damage, reinstalling acceptable parts, and torquing the servo plug to a new, higher torque to maintain the proper clamp-up force between the plug and cover. This AD requires the same inspections, except if the plug is found loose, servo plug gasket, P/N 365533, must be replaced with a new, improved gasket, P/N 2577258. This AD also requires replacement by December 31, 2009, of servo plug gaskets, P/N 365533, manufactured and made available on or after August 22, 2006, as mandatory terminating action to the repetitive inspections required by this AD. This AD also prohibits the installation of any servo plug gasket, P/N 365533. This AD also clarifies the TCM engine model applicability, and adds Bendix RSA-5 and RSA-10 series fuel injection servos to the applicability. This AD results from Precision Airmotive LLC introducing the installation of a new improved servo plug gasket, P/N 2577258, to the affected Precision Airmotive LLC RSA-5 and RSA-10 series, and Bendix RSA-5 and RSA-10 series, fuel injection servos. We are issuing this AD to prevent a lean running engine, which could result in a substantial loss of engine power and subsequent loss of control of the airplane.
Airworthiness Directives; Turbomeca Arriel 2B and 2B1 Turboshaft Engines
Document Number: E8-31396
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
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:
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800 and -900 Series Airplanes
Document Number: E8-31395
Type: Rule
Date: 2009-01-23
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes. This AD requires a one-time general visual inspection of frames between body station (BS) 360 and BS 907 to determine if certain support brackets of the air conditioning (A/C) outlet extrusions are installed; medium- and high-frequency eddy current inspections for cracking of the frames around the attachment holes of the subject brackets; and repair if necessary. This AD also requires installing new, improved fittings for all support brackets of the A/C outlet extrusions between BS 360 and BS 907. This AD results from numerous reports of multiple cracks in the frames around the attachment holes of certain support brackets of the A/C outlet extrusions. We are issuing this AD to prevent frame cracking, which, if not corrected, could lead to a severed frame that, combined with cracking of the skin lap splice above stringer 10, could result in rapid decompression of the airplane.
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