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

On July 9, 2009, the FAA published an NPRM to amend the airworthiness standards for flightcrew alerting and invited comments for a 60-day period. The comment period closed on September 8, 2009; however, the FAA is reopening the comment period for an additional 15 days in response to requests from The Boeing Company; the Air Line Pilots Association, International; the General Aviation Manufacturers Association; and Airbus. All of the requestors stated that reopening the comment period is needed to permit them additional time to develop comments responsive to Notice No. 09-05. Reopening the comment period will allow the requestors and others additional time to review and comment on the proposal.

This notice announces the issuance of the final report of the 2008 Amateur-Built Aircraft Aviation Rulemaking Committee (2008 ARC). The report provides the 2008 ARC's recommendations regarding the disposition of (1) public comments received on the proposed changes to Order 8130.2F and AC 20-27G; (2) the definition of ``fabrication'' as it differs from ``assembly'' within the scope of Title 14, Code of Federal Regulations (14 CFR) part 21, Certification Procedures for Products and Parts, Sec. 21.191(g), Operating amateur-built aircraft; and (3) a process to minimize the impact of the proposed policy on amateur-built kits evaluated by the FAA before February 15, 2008.

The Federal Transit Administration and the Santa Clara Valley Transportation Authority (VTA) are planning to prepare a Supplemental Draft Environmental Impact Statement (EIS) for the proposed 2.3 mile extension of light rail along Capitol Expressway from the existing Alum Rock Station to Eastridge Transit Center in the City of San Jose. Pursuant to 23 C.F.R 771.129(a) and 771.130, the Supplemental Draft EIS will replace the Draft EIS that was made available for public review in April 2004. The Final EIS required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) (NEPA) was never completed for this project as a result of limited opportunities for securing federal funds at that time. Due to dramatic declines in local and state funding sources as a result of the global economic recession, VTA is now preparing a Supplemental Draft EIS in order to be eligible for federal funds for this project. A Supplemental Draft EIS is needed to

By Federal Register notices (See 74 FR 16442; April 10, 2009 and 74 FR 33014, July 9, 2009) the National Park Service (NPS) and the Federal Aviation Administration (FAA) invited interested persons to apply to fill vacant position on the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). These notices invited interested persons to apply to fill two vacancies representing environmental and Native American tribal concerns due to the incumbent member's completion of their three-year term appointments on October 9, 2009. This notice informs the public of the persons selected to fill the vacancies on the NPOAG ARC.

Pursuant to a Memorandum of Understanding Among the United States Department of Agriculture, the United States Department of Transportation, and the United States Agency for International Development Regarding Procedures for Determining Vessel Service Categories for Purposes of the Cargo Preference Act, dated September 4, 2009 (the MOU, a copy of which is attached hereto and posted at the Web site of the Maritime Administration (MARAD), https://www.marad.dot.gov), notice is hereby given by MARAD that procedures as set forth herein are established for vessel owners or operators to designate the service category of individual vessels for purposes of compliance with the Cargo Preference Act (CPA). Where the owner or operator designates the category of its vessel, such self-designations will be docketed in the public record, published, and an opportunity will be provided for comment by interested parties. Each self-designation and the record supporting it is subject to review by MARAD. If MARAD disagrees with a self-designation, the process for determination, appeal and further administrative review is set forth below. These procedures are intended to be interim procedures implementing the MOU entered into by MARAD, the United States Department of Agriculture (USDA), and the United States Agency for International Development (USAID) and a 2002 Department of Justice interpretation of the CPA, pending the formal promulgation of regulations by MARAD.

This action proposes to amend the time of designation and using agency of nine restricted areas located in the vicinity of the Fallon Naval Air Station (NAS), Fallon, NV, as part of a Department of the Navy initiative to standardize the operating hours throughout the Fallon Airspace Complex. The times of use are being expanded to meet the critical need of the Navy for additional nighttime training, and the using agency changes are administrative in accordance with a Navy realignment of functions. Additionally, this action would modify the times of use of the four military operation areas (MOAs) in the Fallon Airspace Complex. Unlike restricted areas, which are designated under 14 CFR part 73, MOAs are not rulemaking airspace actions. However, since the MOAs form an integral part of the Fallon Airspace Complex the FAA is also seeking comment on the proposed MOA changes through this NPRM. The MOA changes described here will also be published in the National Flight Data Digest (NFDD). The Navy requested these airspace changes to provide additional night training time to meet combat readiness requirements currently being carried out in accordance with 14 CFR 99.7.

We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737-300, -400, and -500 series airplanes. This proposed AD would require repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. This proposed AD results from a report of a hole in the fuselage skin common to stringer S-1 and S-2 left, between STA 827 and STA 847 on an airplane that diverted to an alternate airport due to cabin depressurization. We are proposing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.

The FAA is issuing this notice to advise the public of a meeting of the RTCA Special Committee 214, Standards for Air Traffic Data Communication Services.

The FHWA is issuing this notice to advise that a Supplemental Draft Environmental Impact Statement will be prepared for a proposed highway improvement project on State Trunk Highway 23 in Fond du Lac and Sheboygan Counties, Wisconsin.

This action establishes Class E Airspace at Clayton, GA. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Heaven's Landing Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Heaven's Landing Airport, Clayton, GA.

This action establishes Class E Airspace at Hertford, NC. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Harvey Point Defense Testing Activity. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Harvey Point Defense Testing Activity, Hertford, NC.

This action establishes Class E Airspace at Tompkinsville, KY. Airspace is needed to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Tompkinsville-Monroe County Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP and for Instrument Flight Rule (IFR) operations at the airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP. This action enhances the safety and airspace management of Tompkinsville-Monroe County Airport, Tompkinsville, KY.

We are adopting a new airworthiness directive (AD) for the products listed above that will supersede an existing AD. 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:

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.

The FAA is announcing the availability of and requesting comment on proposed TSO-C154c. The Avionic Systems Branch of the Aircraft Engineering Division, Aircraft Certification Service, FAA has presented a proposed revision of existing TSO-C154b. RTCA, Inc. Special Committee (SC)-186 is revising RTCA Document DO-282A, Minimum Operational Performance Standards for Universal Access Transceiver (UAT) Automatic Dependent Surveillance Broadcast (ADS-B), which will become the Minimum Performance Standard (MPS) for the proposed TSO- 154c. Proposed TSO-C154c can be found at https://www.faa.gov/aircraft/ draftdocs/. Comments may be filed electronically following instructions on the Web page. Comments may also be filed using the

In accordance with the Federal Advisory Committee Act, as amended 5 U.S.C., App. (FACA), notice is hereby given that the Surface Transportation Board intends to renew the charter of the National Grain Car Council (NGCC).

The FAA is announcing approval of the Record of Decision on the Final Environmental Impact Statement, Section 303c Evaluation, and Section 106 Evaluation for proposed development at the Port Columbus International Airport, Columbus, Ohio.

In an effort toward greater transparency and to ensure integrity in public investments, FTA today publishes an advance notice of proposed rulemaking on capital project management. The Federal Transit Administration (FTA) is considering a revision of its Project Management Oversight (PMO) rule, shifting its focus from project oversight only to project management and oversight. A revised Part would more clearly identify necessary project management skills needed to be demonstrated by project sponsors for all fixed guideway capital projects, as well as additional requirements that would apply only to the more complex major capital projects, and distinguish project characteristics that would require documentation of project plans and implementation strategies in a project management plan, as well as the use of FTA's Project Management Oversight Contractors (PMOCs). Beginning the rulemaking process to update its project management rule will aid some key agency priorities. It will help ensure integrity and accountability in its construction grant programs, and it will provide data the agency can use in its efforts to streamline its discretionary capital project approval process. FTA seeks to elicit a broad array of comments from project sponsors, the industry, other stakeholders, and the public on a number of subjects.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 1, 2009. No comments were received.

Notice is hereby given that the Maritime Administration, of the U.S. Department of Transportation (U.S. DOT) has made available to interested parties the Final Programmatic Environmental Assessment (PEA) and the Finding of No Significant Impact (FONSI) for the Removal of Non- Retention Vessels from National Defense Reserve Fleet Sites for Disposal. The PEA and FONSI have been prepared pursuant to the National Environmental Policy Act (NEPA) (U.S.C. 4231 et seq.) in accordance with the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500- 1508).

This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 concerning the annual obligation of Federal agencies to notify all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Antidiscrimination Laws and Whistleblower Protection Laws.

Federal hazardous material transportation law does not preempt MDEP's regulations on classification of used cathode ray tubes (``CRTs'') as ``universal waste'' and broken CRTs and glass removed from CRTs (``CRT glass'') as a State ``hazardous waste'' and the marking, labeling, shipping documentation, and transporter requirements, because these requirements do not apply or pertain to materials regulated under Federal hazardous materials transportation law and the HMR or otherwise constitute an obstacle to accomplishing and carrying out Federal hazardous materials transportation law and the regulations issued under that law.