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

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. Model AB139 and AW139 helicopters. This AD results from mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI states: ``Operators had reported a number of occurrences of in-flight losses of cockpit door windows, both left and right side. This condition, if not corrected, could result in damage to critical components.'' The actions specified by this AD are intended to require that cockpit door windows (windows) be replaced with re-designed windows to prevent a window from separating from the helicopter, contacting the tailboom or tail rotor, resulting in loss of control of the helicopter.

This document grants in full the petition of Volkswagen Group of America (VW) in accordance with 543.9(c)(2) of 49 CFR part 543, Exemption from the Theft Prevention Standard, for the Audi A3 vehicle line beginning with model year (MY) 2010. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.

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 of the actions on special permits applications in (June to March 2009). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5 Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, replacement of the Spanish Creek Bridge (Bridge No. 09-0015) on State Route 70, in the County of Plumas, State of California. Those actions grant licenses, permits, and approvals for the project.

This action modifies Class D Airspace, modifies Class E airspace designated as an extension to Class D surface area and removes Class E airspace designated as surface area for an airport at Aguadilla, PR. The Rafael Hernandez Airport Air Traffic Control Tower will now operate on a full-time basis, thus the associated controlled airspace is being modified and removed to reflect the change. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Aguadilla, PR.

This action proposes to amend Class E airspace at Waverly, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Pike County Airport, Waverly, OH, and would update the geographic coordinates for the airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Pike County Airport.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada. The Tariff of Tolls became effective in Canada in 2008. For consistency, because these are, under international agreement, joint regulations, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make this U.S. version of the amendments effective upon publication. (See Supplementary Information.)

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request, abstracted below, is being forwarded to the Office of Management and Budget for an extension without change of currently approved Advisory Committee Candidate Biographical Information Request Form. A Federal Register Notice with a 60-day comment period was published on November 18, 2008 (FR Vol. 73, No. 223, page 68491-68491). The agency did not receive any comments to its previous notice.

The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2008. The decision solicits comments on: (1) The railroads' 2008 current cost of debt capital; (2) the railroads' 2008 current cost of preferred stock equity capital (if any); (3) the railroads' 2008 cost of common stock equity capital; and (4) the 2008 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in the Cost 07 decision, with the exception of applying the Ex Parte No. 664 (Sub No. 1) decision in calculating the cost-of-equity.

We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This AD requires you to modify the aileron carry-through cable attachment to the aileron upper quadrant with parts of improved design. This AD results from reports of a ``catch'' in the aileron control system when the control yoke is turned. We are issuing this AD to prevent the cable attach fitting on the aileron upper quadrant assembly from rotating and possibly contacting or interfering with the aileron lower quadrant assembly, which could result in limited roll control and reduced handling capabilities.

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.

We propose to adopt a new airworthiness directive (AD) for all Boeing Model 737-600, -700, -700C, -800, -900 and -900ER series airplanes. This proposed AD would require repetitive testing of the rudder pedal forces or repetitive detailed inspections of the inner spring of the rudder feel and centering unit, and corrective actions if necessary. This proposed AD also requires replacement of the spring assembly in the rudder feel and centering unit, which terminates the repetitive tests or inspections. This proposed AD results from reports of low rudder pedal forces that were caused by a broken inner spring in the rudder feel and centering unit; a broken inner spring in conjunction with a broken outer spring would significantly reduce rudder pedal forces. We are proposing this AD to prevent reduced rudder pedal forces, which could result in increased potential for pilot- induced oscillations and reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane.

The Federal Transit Administration (FTA) and the Utah Transit Authority (UTA) issue this early scoping notice to advise other agencies and the public that they intend to explore, in the context of the Council on Environmental Quality's early scoping process, methods of improving transit service in the City of Ogden, Utah. The early scoping process is part of a planning Alternatives Analysis (AA) required by Title 49 United States Code (U.S.C.) Sec. 5309 for the selection of alternatives that will be subject to the appropriate environmental process under the National Environmental Policy Act (NEPA). Early scoping meetings have been planned and are announced below. The Ogden-WSU Transit Corridor Alternatives Analysis is focusing on improving transit service in a 5-mile corridor between downtown Ogden and Weber State University (WSU). The entire study area is located within the City of Ogden, Weber County, Utah. The corridor connects the Ogden Intermodal Center/FrontRunner commuter rail station to the area's major employment, housing, commercial and education destinations, including Downtown Ogden, Weber State University, and McKay Dee Hospital. With the connection to FrontRunner commuter rail, the corridor also serves trips to and from the greater Wasatch Front Region. In 2005, the UTA and its regional partners completed a Major Investment Feasibility Study of the corridor. The 2005 study concluded that a corridor connecting downtown Ogden and WSU was a promising candidate for increased transit capital investment, potentially incorporating streetcar or Bus Rapid Transit service. This study also developed local consensus for an initial statement of the Purpose and Need for the project, and evaluated potential alignments and modes. The planning Alternatives Analysis now being initiated is expected to result in the selection of a Locally Preferred Alternative by the Utah Transit Authority and its partners, which include the Wasatch Front Regional Council, the metropolitan planning organization for the Greater Salt Lake metropolitan area. Other partners include the City of Ogden, Weber County, Weber State University, McKay Dee Hospital, and the Utah Department of Transportation. The Locally Preferred Alternative will then be a ``proposed action,'' subject to an appropriate environmental review under the National Environmental Policy Act (NEPA). If the Preferred Alternative is anticipated to have significant impacts, an environmental impact statement (EIS) would be initiated with a Notice of Intent (NOI) in the Federal Register. Public and agency scoping of the EIS would be conducted at that time. The early scoping notice is intended to generate public comments on the scope of the alternatives analysis. This includes the purpose and need for the project, the range of alternatives, and environmental and community impacts and benefits to be considered in the alternatives analysis.

The FAA proposes to rule and invites public comment on the release of surplus property land at the Baton Rouge Metropolitan Airport under the provisions of Title 49, U.S.C. Section 47153(c).

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Airbus Model A330, A340-200, and A340- 300 series airplanes. That AD currently requires repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; related investigative and corrective actions if necessary; and replacement of the existing bracket with a titanium- reinforced bracket, which ends the repetitive inspections in the existing AD. This new AD adds requirements only for airplanes on which the existing bracket was replaced with a titanium-reinforced bracket in accordance with the existing AD. The additional requirement is a one- time inspection to determine if certain fasteners are broken or cracked, and corrective actions if necessary. This AD results from a report that incorrect torque values could damage the bracket. We are issuing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane.

Pursuant to the Federal pipeline safety laws, PHMSA is publishing this notice of a special permit request we have received from a hazardous liquid pipeline operator, seeking relief from compliance with certain tank inspection requirements in the Federal pipeline safety regulations. This notice seeks public comments on this request, including comments on any environmental impacts. At the conclusion of the 30-day comment period, PHMSA will evaluate the request and determine whether to grant or deny a special permit.

We propose to adopt a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters. 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 aviation authority of Italy, with which we have a bilateral agreement, states in the MCAI that during the installation of a fire extinguisher bottle on a new helicopter, it was found that the electrical receptacle/ connectors on the bottle which commands the firing of the extinguishing agent were swapped between engines No. 1 and No. 2. This condition could affect helicopters already in service and fire extinguisher bottles of the same part number in stock as spare parts. If not corrected, an improperly wired fire extinguishing bottle might cause the extinguishing agent to be discharged toward the unselected engine when the system is activated, rather than toward the engine with the fire. The proposed AD would require determining if each engine has the proper outlet end on the electrical receptacle/connector that attaches the firing cartridge to the fire extinguisher bottle, and if not, replacing the fire extinguisher bottle. The proposed AD is intended to prevent the fire extinguishing agent from not discharging toward the engine with the fire, which could result in loss of the helicopter due to an engine fire.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a request for emergency clearance for a collection of information associated with product plan information to assist the agency in establishing corporate average fuel economy standards for model years 2012 through 2016 passenger cars and light trucks. The establishment of those standards is required by the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act (EISA) of 2007, Public Law 110-140.

FMCSA announces that it has received a joint application from Redding Air Service, Inc. and Guardian Helicopters, Inc. (Redding/ Guardian) requesting an exemption from certain commercial motor vehicle (CMV) driver hours-of-service (HOS) provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption request is for Redding/Guardian's CMV drivers who transport jet fuel for their helicopters in support of wild-land firefighting operations. They specifically request an exemption for 20 drivers from the HOS prohibition against driving a CMV after the 70th hour of cumulative on- duty time in any 8-day period. The exemption, if granted, would enable Redding/Guardian drivers to conduct their operationsincluding transportation of jet fuel to and from the firefighting siteswithout having to comply with the 70-hour in 8-day HOS rule. Redding/Guardian believes the exemption would ensure a level of safety equivalent to or greater than the level of safety that would be obtained absent the exemption. FMCSA requests public comment on the Redding/Guardian application for exemption.

This action proposes to amend Class E airspace at Cleveland, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Lorain County Regional Airport, Lorain, OH. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Lorain County Regional Airport.