Department of Transportation May 2009 – Federal Register Recent Federal Regulation Documents
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Robinson R-22/R-44 Special Training and Experience Requirements
This action continues the existing special training and experience requirements in Special Federal Aviation Regulation (SFAR) No. 73 until the SFAR is revised or rescinded. SFAR No. 73 requires special training and experience for pilots operating the Robinson model R-22 or R-44 helicopters in order to maintain the safe operation of these helicopters. SFAR No. 73 also requires special training and experience for certified flight instructors conducting student instruction or flight reviews in the R-22 or R-44.
Environmental Impact Statements: National Summary of Rescinded Notices of Intent
The FHWA is issuing this notice to advise the public that 12 States have rescinded Notices of Intent (NOI) to prepare 17 Environmental Impact Statements (EISs) for proposed highway projects. FHWA Division Offices, in consultation with the State Departments of Transportation (State DOT), determined that eight projects were no longer viable and have formally cancelled the projects. No resources will be expended on these projects; the environmental review process has been terminated. Seven projects are being reevaluated and, or have been reduced in scope and now meet the criteria for an Environmental Assessment (EA) or a Categorical Exclusion (CE). Two projects rescinded NOIs and will issue new NOIs as the project limits and impacts have changed.
Airworthiness Directives; Air Tractor, Inc. Models AT-802 and AT-802A Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Air Tractor, Inc. (Air Tractor) Models AT-802 and AT-802A airplanes. This proposed AD would require installing a rudder-aileron interconnect cable system shield kit and securing any items stowed in the baggage compartment using tie downs and/or a cargo net until the cable shield kit is installed. This proposed AD results from a report of the rudder pedal cable becoming jammed in flight. We are proposing this AD to prevent jamming of the rudder-aileron interconnect cables by unsecured items in the baggage compartment, which could result in failure of the rudder-aileron interconnect cable system. This failure could lead to loss of control.
Airworthiness Directives; Learjet Model 60 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Learjet Model 60 airplanes. This proposed AD would require revising the Tire-Servicing section of the airplane maintenance manual and revising the Tires Limitation section of the airplane flight manual to incorporate revised procedures for servicing tires and checking for proper tire inflation. This proposed AD results from a report of the main landing gear tires blowing out during a takeoff roll. We are proposing this AD to prevent tire failure, which could result in failures of the braking and thrust reverser systems. In a critical phase of operation such as takeoff, loss of airplane control may result.
Transport Category Airplanes, Various Technical Amendments and Corrections
This amendment corrects a number of errors in the safety standards for transport category airplanes. None of the changes are substantive in nature, and this amendment will not impose any additional burdens on any person affected by these regulations.
Special Conditions: Embraer S.A. Model EMB-505; Full Authority Digital Engine Control (FADEC) System
These special conditions are issued for the Embraer S.A. Model EMB-505 airplane. This airplane will have a novel or unusual design feature(s) associated with the use of an electronic engine control system instead of a traditional mechanical control system. 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.
Proposed Establishment of Class E Airspace; Plentywood, MT
This action proposes to establish Class E airspace at Plentywood Sher-Wood Airport, Plentywood, MT. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Plentywood Sher-Wood Airport, Plentywood, MT. The FAA is proposing this action to enhance the safety and management of aircraft operations at Plentywood Sher-Wood Airport, Plentywood, MT.
Proposed Establishment of Class E Airspace; Quinhagak, AK
This action proposes to establish Class E airspace at Quinhagak, AK. Two Standard Instrument Approach Procedures (SIAPs) are being developed for the Quinhagak Airport at Quinhagak, AK. Additionally, one textual Obstacle Departure Procedure (ODP) is being developed. Adoption of this proposal would result in creating Class E airspace upward from 700 feet (ft.) above the surface at the Quinhagak Airport, Quinhagak, AK.
Environmental Impact Statement: Harrison, Jackson, Stone, Perry, George, and Greene Counties, MS
The Federal Highway Administration is issuing this revised Notice of Intent to advise the public of changes to the logical termini for the Environmental Impact Statement that will be prepared to study improvements to State Route 15/State Route 57 to provide a four-lane facility beginning in the vicinity of the State Route 67/I-110 Interchange in Harrison County, Mississippi and terminating on State Route 15 north of Beaumont, Mississippi, a distance of approximately 61 miles. The original Notice of Intent for this project appeared in the July 17, 2008 Federal Register.
Notice of Final Federal Agency Action on Proposed Highway in Washington
This notice announces action taken by the FHWA that is final within the meaning of 23 U.S.C. 139(l)(1). This notice announces the availability of a Record of Decision (ROD) 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). This action relates to a proposed project in King County Washington, the SE Issaquah Bypass Project.
Agency Information Collection (IC) Activities; Extension of a Currently Approved Collection: Training Certification for Entry-Level Commercial Motor Vehicle Operators
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 review and approval, and invites public comment. The FMCSA requests approval to extend an ICR entitled, ``Training Certification for Entry-Level Commercial Motor Vehicle Operators.'' There is no change from the burden estimate approved by OMB on March 11, 2008.
Airworthiness Directives; Airbus Model A310 Airplanes and Airbus Model A300-600 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; Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, and C-1 Helicopters
We are superseding an existing airworthiness directive (AD) for the specified ECD model helicopters that currently requires initial and repetitive inspections of the main rotor blade (blade) upper and lower surfaces for bulging. 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, based on reported incidents in which a balance weight migrated toward the tip of the blade. The MCAI states that new blades have become available that are not fitted with lead balance weights. The MCAI states that only blades equipped with a lead balance weight may result in the unsafe condition. This AD retains the requirements of the current AD but limits the applicability to those part-numbered blades that are fitted with lead balance weights. The actions are intended to limit the applicability to those blades fitted with lead balance weights that could detach, migrate, and cause severe vibrations leading to blade failure and subsequent loss of control of the helicopter.
Airworthiness Directives; Eurocopter Deutschland GmbH Model EC135 Helicopters
We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model EC135 helicopters. This AD results from a report of abnormal main rotor blade vibrations on a Eurocopter Model EC135 helicopter. This AD also 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 that an operator reported unusual vibrations during the start phase of the main rotor blade on one helicopter. The vibrations stopped after the application of torque. Subsequent maintenance personnel found that six of the eight attachment screws of the lower hub-shaft bearing support were loose. This condition was discovered in two additional helicopters. Loose screws in the bearing support, if not detected and corrected, could result in abnormal main rotor blade vibrations and subsequent damage to the main transmission.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This 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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This 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.
Airworthiness Directives; Airbus Model A330-202, -223, -243, -301, -322, and -342 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; British Aerospace Model HS 748 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; M7 Aerospace LP Models SA226-AT, SA226-T, SA226-TC, SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, and SA227-DC (C-26B) Airplanes
We are adopting a new airworthiness directive (AD) to supersede AD 2008-12-16, which applies to certain M7 Aerospace LP SA226 and SA227 series airplanes. AD 2008-12-16 currently requires you to inspect wires and tube assemblies for chafing, arcing, or insufficient clearance between components. If chafing, arcing, or insufficient clearance between components is found, AD 2008-12-16 requires you to clear, repair, and/or replace all chafed wires, components, and tube assemblies. AD 2008-12-16 also requires you to cover the four-gauge wires leaving the battery box with firesleeving and secure them with a clamp. Since we issued AD 2008-12-16, M7 Aerospace LP has notified us that Model SA227-BC (C-26A) was inadvertently left out of the Applicability section of the AD, and they updated some of the service information due to parts availability. Operators have also identified issues with model applicability that needed clarification. Consequently, this AD retains the actions of AD 2008-12-16, adds Model SA227-BC (C-26A) to the Applicability section, and regroups the models for clarification. We are issuing this AD to detect and correct chafing of electrical wires, components, and tube assemblies. This condition could result in arcing of exposed wires with consequent burning of a hole in a hydraulic line or the bleed air line. This failure could lead to a hydraulic fluid leak and a possible fire in the engine nacelle compartment.
Twenty-Five Years of Rail Banking: A Review and Look Ahead
The Surface Transportation Board will hold a public hearing beginning at 9 a.m. on Wednesday, July 8, 2009, in the Hearing Room on the first floor of the Board's headquarters in Washington, DC. The purpose of the public hearing will be to examine the impact, effectiveness, and future of rail banking under Section 8(d) of the National Trails System Act. Persons wishing to speak at the hearing should notify the Board in writing.
Petitions for Exemption; Summary of Petitions Received
This notice contains a summary of certain petitions 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 any petition or its final disposition.
Qualification and Certification of Locomotive Engineers; Miscellaneous Revisions
FRA is reopening the comment period for the notice of proposed rulemaking (NPRM) published on December 31, 2008 (73 FR 80349) which proposed revisions to FRA regulations governing the qualification and certification of locomotive engineers. Reopening the comment period is necessary to provide interested parties the opportunity to submit comments on the information and testimony offered at the public hearing related to the NPRM that was conducted on April 14, 2009. The comment period is reopened until June 15, 2009.
Hours of Service of Railroad Employees; Amended Recordkeeping and Reporting Regulations
FRA is amending its hours of service recordkeeping and reporting regulations to ensure the creation of records that support compliance with the hours of service laws as amended by the Rail Safety Improvement Act of 2008 (RSIA of 2008). This regulation will also provide for electronic recordkeeping and reporting, and will require training of employees and supervisors of those employees, who are required to complete hours of service records, or are responsible for making determinations as to excess service and the reporting of excess service to FRA as required by the regulation. This regulation is required by Section 108(f) of the RSIA of 2008.
Amendments Updating the Address for the Federal Railroad Administration and Reflecting the Migration to the Federal Docket Management System
FRA is amending a number of its regulations to update the
Establishment of Class D Airspace, Modification of Class E Airspace; Bunnell, FL
This action establishes Class D airspace and modifies Class E airspace at Flagler County Airport in Bunnell, FL. A new Federal Contract Air Traffic Control Tower is being built for Flagler County Airport. Class D Surface airspace is required to be established and after evaluation the existing Class E airspace will be modified to facilitate a more efficient operation. This rule increases the safety and management of the National Airspace System (NAS) around Flagler County Airport.
Notice of Receipt of Petition for Decision That Nonconforming 2006 Ferrari 599 Passenger Cars Manufactured Before September 1, 2006 Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2006 Ferrari 599 passenger cars manufactured before September 1, 2006 that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2006 Ferrari 599 passenger cars manufactured before September 1, 2006,) and (2) they are capable of being readily altered to conform to the standards.
Purpose, Use and Effect of Field Operations Training Manual.
The purpose of this notice is to restate and confirm the Agency's policy regarding the purpose, use and effect of the paper and electronic versions of FMCSA's Field Operations Training Manual (FOTM and eFOTM).
Airworthiness Directives; Boeing Model 707 Airplanes, and Model 720 and 720B Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 707 airplanes, and Model 720 and 720B series airplanes. The existing AD currently requires repetitive detailed inspections to detect cracks and corrosion on any existing repairs and at certain body stations (STA) of the visible surfaces of the wing to body terminal fittings including the web, flanges, and ribs; and applicable related investigative and corrective actions. This proposed AD would retain the requirements of the existing AD and would require repetitive ultrasonic inspections to detect any stress corrosion cracks within the outboard flange of the left and right body terminal fittings at STA 820, and related investigative and corrective actions if necessary. This proposed AD would also provide for an optional terminating action for the repetitive inspections. This proposed AD also adds two airplanes to the applicability. This proposed AD results from reports of cracks found in the wing to body terminal fittings during routine inspections. We are proposing this AD to detect and correct cracks and corrosion in the body terminal fittings above and below the floor, which could cause loss of support for the wing and could adversely affect the structural integrity of the airplane.
Airworthiness Directives; Boeing Model 747-100, -100B, -100B SUD, -200B, and -300 Series Airplanes; and Model 747SP and 747SR Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747 series airplanes. The existing AD currently requires repetitive inspections to detect cracks in various areas of the fuselage internal structure, and related investigative/corrective actions if necessary. This proposed AD would require additional repetitive inspections for cracking of certain fuselage structure, and related investigative/corrective actions if necessary. This proposed AD results from fatigue tests and analysis by Boeing that identified areas of the fuselage where fatigue cracks can occur. We are proposing this AD to prevent the loss of the structural integrity of the fuselage, which could result in rapid depressurization of the airplane.
BNSF Railway Company-Petition for Declaratory Order; BNSF Railway Company-Abandonment Exemption-in Oklahoma County, OK
The Surface Transportation Board (Board) hereby gives notice that, on its own motion, it granted BNSF Railway Company (BNSF) exemptions under 49 U.S.C. 10502 from the provisions of 49 U.S.C. 10903 (filing and procedure for application to abandon or discontinue service), 49 U.S.C. 10904 (offers of financial assistance to avoid abandonment and discontinuance), and 49 U.S.C. 10905 (offering abandoned rail properties for sale for public purposes) for a segment of track on the Chickasha Line in Oklahoma City, OK, between milepost 541.69 and milepost 540.15 (the middle segment). The Board took this action in a decision served earlier in which it also found that a BNSF eastern segment project was a relocation that did not require prior agency authorization.
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.
Communication and Area Navigation Equipment (RNAV) Operations in Remote Locations and Mountainous Terrain
This document corrects the amendment number in the final rule published in the Federal Register on Friday, May 1, 2009. That final rule amends the regulations to allow the use of the published Obstacle Departure Procedures (ODP) or an alternative procedure or route assigned by Air Traffic Control (ATC). Also, that final rule amends the requirements to facilitate compliance and accurately reflect operating conditions in areas in which the terrain impedes communications.
Hours of Service (HOS) of Drivers; Renewal of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations
FMCSA announces its decision to renew the exemption of the American Pyrotechnics Association (APA) from FMCSA's regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty. The exemption for 61 motor carriers and approximately 3,000 CMV drivers is applicable during the periods June 28-July 8, 2009, and June 28-July 8, 2010, inclusive. Drivers who operate CMVs in conjunction with staging fireworks shows celebrating Independence Day will be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. These drivers will continue to be subject to the 11-hour driving time limit, and the 60- and 70-hour on-duty limits. FMCSA believes that with the terms and conditions in place, APA members will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.
Hours of Service (HOS) of Drivers; Application of American Pyrotechnics Association (APA) for Exemption From the 14-Hour Rule During Independence Day Celebrations
The American Pyrotechnics Association (APA) has applied for a limited exemption from FMCSA's regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty. The exemption would apply solely to the operation of CMVs by 14 designated APA motor carriers in conjunction with staging fireworks shows celebrating Independence Day during the periods June 28-July 8, 2009, and June 28-July 8, 2010, inclusive. During these two periods, the approximately 100 CMV drivers employed by these 14 APA motor carriers in conjunction with staging fireworks shows would be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. These drivers would not be allowed to drive after accumulating a total of 14 hours of on-duty time, following 10 consecutive hours off duty, and would continue to be subject to the 11-hour driving time limit, and the 60- and 70-hour on-duty limits. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 22 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 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.
Qualification of Drivers; Exemption Applications; Diabetes
FMCSA announces its decision to exempt thirty-eight individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.
Notice of Final Federal Agency Actions on Proposed Highway in Michigan
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 with in the meaning of 23 U.S.C. 139(1)(1). These actions relate to a proposed expansion of the Blue Water Bridge Port of Entry in Port Huron, Michigan. These actions grant approvals for the project.
Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG Emissions and CAFE Standards
There is a critically important need for our country to
Environmental Impact Statement: Rankin County, MS
The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in Rankin County, Mississippi. The project study area will extend a distance of approximately 15 miles from U.S. Highway 49 near Star, Mississippi, to Interstate 20 near State Route 475 in Pearl, Mississippi.
Notice of Request for Information Collection Approval
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 3501 et seq.) this notice announces the U.S. Department of Transportation's (DOT) intention to renew the utilization of the individual employment discrimination complaint form when processing Equal Employment Opportunity (EEO) discrimination complaints filed by applicants for employment with the Department. The Office of Management and Budget (OMB) approved the form in 2006 with its renewal required by July 31, 2009.
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