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

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval (with modifications) for three years of a currently approved information collection.

This action proposes to revoke very high frequency omnidirectional range (VOR) Federal airway V-329, which extends between Montgomery, AL and the Crestview, FL, area. Revocation of the route is being proposed because a navigation aid that forms a segment of V-329 is planned for decommissioning due to recurring outages and maintenance problems.

Notice is hereby given of a meeting of the National Grain Car Council (NGCC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law No. 92-463, as amended (5 U.S.C., App. 2).

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:

FMCSA announces receipt of applications from 38 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.

On December 30, 2008, FRA published a final rule, pursuant to two statutes, which increased the minimum, ordinary maximum, and aggravated maximum civil monetary penalty it may apply when assessing a civil penalty for a violation of a railroad safety statute or regulation under its authority. (73 FR 79698). In preparing that final rule for publication, an error was made: FRA instructed that the numerical amount ``$16,000'' be removed from footnote 1 of appendix A to 49 CFR part 232 of the final rule and the numerical amount ``$25,000'' be added in its place. The instruction should have directed the removal of the numerical amount ``$11,000'' and the addition of ``$25,000'' in its place.

FMCSA announces that Isuzu North America Corporation (Isuzu) has applied for an exemption from the Federal requirement that drivers of commercial motor vehicles (CMV) hold a commercial driver's license (CDL) issued by one of the States. Isuzu requests exemption so that 20 of its Japanese employees can test-drive Isuzu CMVs in the United States. Each of these 20 Isuzu employees holds a valid Japanese CDL but lacks the U.S. residency necessary to obtain a CDL from one of the States. Isuzu believes the knowledge and skills tests and training program that drivers undergo to obtain a Japanese CDL would provide for a level of safety that is equivalent to, or greater than, the level of safety that would be achieved without the exemption.

FMCSA announces its decision to exempt 33 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.

FMCSA announces its denial of 112 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. 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 exemptions does not 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.

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:

Holland America Line Inc. (Applicant), a noncarrier, has filed an application under 49 U.S.C. 14303 to acquire 100% control of the stock of Royal Hyway Tours, Inc. (RHT) (MC-143881), a motor passenger carrier (MC-182214). Persons wishing to oppose this application must follow the rules at 49 CFR 1182.5 and 1182.8. The Board has tentatively approved the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.

Under the statutes governing the Department's Disadvantaged Business Enterprise (DBE) Program, firms are not considered small business concerns and are therefore ineligible as DBEs once their average annual receipts over the preceding three fiscal years reach specified dollar limits. The Department of Transportation is amending the size limits or gross receipts caps to ensure that the opportunity of small businesses to participate in the Department's DBE programs remains unchanged after taking inflation into account. This final rule provides 2009 inflation adjustment of size limits on small businesses participating in the DOT's Disadvantaged Business Enterprise programs.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CF34-1A, -3A, -3A1, -3A2, -3B, and -3B1 turbofan engines with high-pressure (HP) rotor 4-step air balance piston stationary seals (4-step seals), part numbers (P/Ns) 4923T54G01, 6019T90G03, 6037T99G01, 6037T99G02, and 6037T99G03, installed. This AD requires removing the 4-step seals and incorporating an 8-step seal at the next piece-part exposure. This AD results from the investigation of an airplane accident. Both engines experienced high-altitude flameout. Rotation of the HP rotors was not maintained during descent and the engines could not be restarted. We are issuing this AD to prevent the inability to restart both engines after flameout due to excessive friction of the 4-step seal, which could result in subsequent forced landing of the airplane.

Several parties have asked the Federal Transit Administration to waive its Buy America requirements of 49 CFR 661.11 for the purchase of minivans that are manufactured or assembled outside the United States. According to these parties, minivans and minivan chassis are not available from a domestic source. FTA seeks public comment before deciding whether to grant these requests. If granted, a waiver would apply to all minivans and minivan chassis, not only those manufactured by Chrysler.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of airport land from aeronautical use to non-aeronautical use and to authorize the lease of airport property. The proposal consists of a leasing 3.528 acres of Lot 51 of the original M.D. Shipman's Farm parcel. Lot 51 became part of Tract No. 1 (16.83 acres) that was deeded to the City of DeKalb by the United States of America as government surplus property under the Surplus Property Act of 1944. Tract 1 also is currently subject to the National Emergency Use Provision (for times of National emergency), a condition that the City of DeKalb would also like to remove from the 3.528 parcel requesting the change in use. This subject land currently has a metal storage building on it miscellaneous bituminous and concrete drives and parking areas located on it. It is the intent of the City of DeKalb, as owner and operator of the DeKalbTaylor Municipal Airport (DKB) to retain ownership of the 3.528 acre parcel and allow for commercial development on said parcel. This notice announces that the FAA is considering the proposal to authorize the change from aeronautical use to non-aeronautical use of the subject airport property at the DeKalb Taylor Municipal Airport (DKB), DeKalb, IL. Approval does not constitute a commitment by the FAA to financially assist in the lease or development of the subject airport property nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA.

The FAA is adopting a new airworthiness directive (AD) for General Electric Company (GE) CF6-80A series turbofan engines with a high-pressure turbine rotor (HPTR) stage 1 disk, part number (P/N) 9367M45G06, installed. This AD requires removing any HPTR stage 1 disk, P/N 9367M45G06, before exceeding 2,075 cycles-since-new (CSN). This AD results from an error by GE that incorrectly cited a cyclic life of 12,600 CSN for the HPTR stage 1 disk, P/N 9367M45G06. We are issuing this AD to prevent the HPTR stage 1 disk from exceeding its part life, which could cause fatigue cracks to start and grow. These cracks could result in a possible uncontained disk failure and damage to the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 747 airplanes identified above. This proposed AD would require replacing the inboard trailing edge (TE) flap transmission carbon disk no-back brakes with skewed roller no-back brakes at the TE flap transmission, positions 4 and 5. This proposed AD results from reports of the inboard TE flaps blowing back due to the failure of a transmission carbon disk no-back brake. The no-back brake did not hold the TE flaps in the commanded position. We are proposing this AD to prevent a decrease of the aerodynamic controllability of the airplane, which could adversely affect the airplane's continued safe flight and landing.

The Department is publishing the following notice on Airline Baggage Liability and Responsibilities of Code Share Partners Involving International Itineraries.

Section 402 of title 23 of the United States Code requires the Secretary of Transportation to promulgate uniform guidelines for State highway safety programs.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the Kansas City Aviation Department for the Kansas City International Airport under the provisions of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise Abatement Act, herein after referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) part 150 (hereinafter referred to as ``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 the Kansas City International Airport under Part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before September 16, 2009.