Department of Transportation December 4, 2009 – Federal Register Recent Federal Regulation Documents

Agency Information Collection Activities: Request for Comments for New Information Collection
Document Number: Z9-28411
Type: Notice
Date: 2009-12-04
Agency: Federal Highway Administration, Department of Transportation
Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen
Document Number: E9-29013
Type: Notice
Date: 2009-12-04
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document grants in full the petition of Volkswagen Group of America (VW) in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard, for the Volkswagen Tiguan vehicle line beginning with model year (MY) 2011. 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.
Release of Waybill Data
Document Number: E9-28957
Type: Notice
Date: 2009-12-04
Agency: Surface Transportation Board, Department of Transportation
Oral Argument
Document Number: E9-28956
Type: Notice
Date: 2009-12-04
Agency: Surface Transportation Board, Department of Transportation
By a decision served on December 1, 2009, the Board announced that it will hold oral arguments in two cases: STB Finance Docket No. 35225, San Benito Railroad LLCAcquisition ExemptionCertain Assets of Union Pacific Railroad Company (San Benito RR); and STB Finance Docket No. 35239, Allegheny Valley Railroad CompanyPetition for Declaratory Order (Allegheny Valley).
Buy America Waiver Notification
Document Number: E9-28952
Type: Notice
Date: 2009-12-04
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the purchase of foreign roof tiles made of 40/45 KSI 2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411 on a Federal-aid/American Recovery and Reinvestment Act project no. X-STP-5900 (180) in Portland, Oregon.
Koch Industries, Inc.-Continuance in Control Exemption-KM Railways, LLC
Document Number: E9-28951
Type: Notice
Date: 2009-12-04
Agency: Surface Transportation Board, Department of Transportation
Agency Information Collection Activity Seeking OMB Approval
Document Number: E9-28945
Type: Notice
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) revision of a current information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on September 2, 2009, vol. 74, no. 169, page 45516. Aeronautical Chart Point of Sale Survey data will be used by the Federal Aviation Administration to measure management objectives and analyze customer feedback for ISO-9001.
Old Augusta Railroad, LLC-Lease and Operation Exemption-KM Railways, LLC
Document Number: E9-28938
Type: Notice
Date: 2009-12-04
Agency: Surface Transportation Board, Department of Transportation
Arkansas Electric Cooperative Corporation-Petition for Declaratory Order
Document Number: E9-28936
Type: Notice
Date: 2009-12-04
Agency: Surface Transportation Board, Department of Transportation
In response to a petition filed by Arkansas Electric Cooperative Corporation (AECC) on October 2, 2009, and the reply of BNSF Railway Company (BNSF), the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e).\1\ The issues before the Board arise from Tariff 6041-B Items 100 and 101 (Tariff provisions), issued by BNSF on May 27, 2009, which require that Powder River Basin (PRB) coal shippers using the Joint Line \2\ or the Black Hills Subdivision must ensure that the emission of coal dust from the cars does not exceed the coal dust emissions standards set by BNSF. The issues raised in these filings include: (1) Whether the Tariff provisions constitute an unreasonable rule or practice; (2) whether BNSF may establish rules designed to inhibit the dispersion of coal dust from coal trains operating over its lines; and (3) whether refusal to provide service for non-compliance with the Tariff provisions or other actions to enforce compliance would violate BNSF's common carrier obligation. Due to the vital role transportation of coal by rail plays in the nation's energy supply and the economy in general, the Board seeks public comment and participation on this matter.
KM Railways, LLC-Acquisition Exemption-Old Augusta Railroad, LLC
Document Number: E9-28927
Type: Notice
Date: 2009-12-04
Agency: Surface Transportation Board, Department of Transportation
Proposed Modification of the Atlanta, GA, Class B Airspace Area; Public Meetings
Document Number: E9-28900
Type: Notice
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
This notice announces four fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to revise Class B airspace at Atlanta, GA. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any issuance of a notice of proposed rulemaking.
Special Conditions: Embraer S.A. Model EMB-505; Flight Performance, Flight Characteristics, High Speed Conditions, and Operating Limitations
Document Number: E9-28896
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Embraer S.A. Model EMB-505 airplane. The EMB 505 is an all-new, high-performance, sweep wing, twin turbofan powered aircraft. This airplane will have a novel or unusual design feature(s) which include turbofan engines, aft engine location, new avionics, a trimmable horizontal tail, and performance characteristics inherent in this type of airplane that were not envisioned by the existing regulations. In addition, this airplane is a jet airplane being certificated in the commuter category by exemption. 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; Langdon, ND
Document Number: E9-28895
Type: Proposed Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to establish Class E airspace at Langdon, ND. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Robertson Field Airport, Langdon, ND. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Robertson Field Airport.
Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Model S-92A Helicopters
Document Number: E9-28863
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD) for the Sikorsky Model S-92A helicopters. This action requires a one-time visual inspection of the main gearbox (MGB) lube system filter assembly for oil filter damage. This action also requires if either the primary or secondary oil filter is damaged, replacing both filters, all packings, and the studs before further flight. This AD also requires replacing the oil filter bowl within 30 days after replacing a damaged filter and a daily leak inspection for an oil leak (no oil leaks allowed) during that 30-day interim period. This amendment is prompted by three reports of damaged oil filters or packings resulting from installing the filter assembly with an oversized packing possibly because of incorrect part numbers in the maintenance manual. Based on a previous accident investigation, failure of the oil filter bowl or mounting studs can result in sudden and complete loss of oil from the MGB. The actions specified in this AD are intended to prevent complete loss of oil from the MGB, failure of the MGB, and subsequent loss of control of the helicopter.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
Document Number: E9-28798
Type: Rule
Date: 2009-12-04
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 A300 B2-1C, A300 B2-203, A300 B2K-3C, A300 B4-103, A300 B4-203, and A300 B4-2C Airplanes
Document Number: E9-28797
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are superseding an existing 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 DHC-8-400, DHC-8-401, and DHC-8-402 Airplanes
Document Number: E9-28763
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for the products listed above that would revise an existing AD. 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; Hawker Beechcraft Corporation Models 58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, A36TC, B36TC, E55, E55A, F33A, and V35B Airplanes
Document Number: E9-28565
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) to supersede AD 91-18-19, which applies to certain Hawker Beechcraft Corporation (Hawker) (Type Certificate Numbers 3A15, 3A16, and A23CE formerly held by Raytheon Aircraft Company; formerly held by Beech Aircraft Corporation) Models 58, 58A, 58P, 58PA, 58TC, 58TCA, 95-B55, 95-B55A, A36, A36TC, B36TC, E55, E55A, F33A, and V35B airplanes. AD 91- 18-19 currently requires you to do a one-time inspection of the pilot and copilot shoulder harnesses for an incorrect washer and replace any incorrect washer with the correct washer. Since we issued AD 91-18-19, we have found that the applicability of AD 91-18-19 was incorrectly stated when the Model A36TC airplane was omitted from the Applicability section. Consequently, this AD would retain the actions and the serial number (SN) applicability of AD 91-18-19 and realign the SN applicability for Models A36TC and B36TC airplanes. We are issuing this AD to detect and correct an incorrect washer installed in the pilot and copilot shoulder harnesses. This incorrect part could result in a malfunctioning shoulder harness. Such a malfunction could lead to occupant injury.
Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and McDonnell Douglas Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes
Document Number: E9-28564
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD) that applies to all McDonnell Douglas Model DC-9-14, DC-9-15, and DC-9-15F airplanes; and McDonnell Douglas Model DC-9-20, DC-9-30, DC-9- 40, and DC-9-50 series airplanes. That AD currently requires repetitive inspections for cracks of the main landing gear (MLG) shock strut cylinder, and related investigative and corrective actions if necessary. This AD adds more work on airplanes that have main landing gear shock struts with certain identified part numbers. This AD results from two reports of a collapsed MLG and a report of cracks in two MLG cylinders. We are issuing this AD to detect and correct fatigue cracks in the shock strut cylinder of the MLG, which could result in a collapsed MLG during takeoff or landing, and possible reduced structural integrity of the airplane.
Airworthiness Directives; ZLT Zeppelin Luftschifftechnik GmbH & Co KG Model LZ N07-100 Airships
Document Number: E9-28558
Type: Rule
Date: 2009-12-04
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; Airbus Model A320 Series Airplanes
Document Number: E9-28556
Type: Rule
Date: 2009-12-04
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-600-2A12 (CL-601) and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) Airplanes
Document Number: E9-28554
Type: Rule
Date: 2009-12-04
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; Boeing Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, and 747SR Series Airplanes
Document Number: E9-28552
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are issuing a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, and 747SR series airplanes. This AD requires a one-time general visual inspection for missing fasteners in certain stringer-to-stringer clip joints at the station (STA) 760 through STA 940 frames, and related investigative and corrective actions if necessary. This AD results from a report of broken and cracked frame shear ties, cracks on the frame doubler and frame web, and missing fasteners in the stringer (S) -10L stringer-to- stringer clip joint at the STA 820 frame. We are issuing this AD to detect and correct missing fasteners in the stringer-to-stringer clip joints, which could result in shear tie and skin cracks and rapid in- flight decompression of the airplane.
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional Jet Series 700 & 701) Airplanes and CL-600-2D24 (Regional Jet Series 900) Airplanes
Document Number: E9-28551
Type: Rule
Date: 2009-12-04
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; Learjet Inc. Model 45 Airplanes
Document Number: E9-28550
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Learjet Model 45 airplanes. This AD requires inspecting the baggage bay door fire barrier seal for inconel mesh in the fire barrier seal material; for certain airplanes, inspecting the fiberglass doublers for presence of red Room Temperature Vulcanizing (RTV) sealant; and doing related investigative and corrective actions if necessary. This AD results from reports of incorrect external baggage door seal material and door seal sealant, as well as incorrect sealant on interior baggage panels used during manufacture of the airplane. We are issuing this AD to prevent the use of door seals and sealant that do not meet flammability requirements, which could result in an uncontrollable and undetected fire within the baggage compartment.
Airworthiness Directives; Twin Commander Aircraft LLC Models 690, 690A, and 690B Airplanes
Document Number: E9-28548
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Twin Commander Aircraft LLC Models 690, 690A, and 690B airplanes. This AD requires you to inspect between the surface of the left-hand (LH) and right- hand (RH) upper wing skins and the engine mount beam support straps for any signs of corrosion, replace the upper steel straps with parts of improved design, and modify both wings. This AD results from reports that corrosion was found between the mating surfaces of the wing upper skin surface and the engine mount beam support straps. We are issuing this AD to detect and correct corrosion on the engine mount beam support straps and the upper wing skins, which could result in failure of the engine mount beam support straps. This failure could lead to loss of the engine and possible loss of control of the airplane.
Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines
Document Number: E9-28467
Type: Rule
Date: 2009-12-04
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
PHMSA is amending the Federal Pipeline Safety Regulations to require operators of gas distribution pipelines to develop and implement integrity management (IM) programs. The purpose of these programs is to enhance safety by identifying and reducing pipeline integrity risks. The IM programs required by this rule are similar to those required for gas transmission pipelines, but tailored to reflect the differences in and among distribution pipelines. Based on the required risk assessments and enhanced controls, the rule also allows for risk-based adjustment of prescribed intervals for leak detection surveys and other fixed-interval requirements in the agency's existing regulations for gas distribution pipelines. To further minimize regulatory burdens, the rule establishes simpler requirements for master meter and small liquefied petroleum gas (LPG) operators, reflecting the relatively lower risk of these small pipelines.
Airworthiness Directives; 328 Support Services GmbH (Dornier) Model 328-100 Airplanes
Document Number: E9-28299
Type: Rule
Date: 2009-12-04
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an existing airworthiness directive (AD), which applies to all 328 Support Services GmbH (Dornier) Model 328-100 airplanes. That AD currently requires modifying the electrical wiring of the fuel pumps; installing insulation at the hand flow control and shut-off valves, and other components of the environmental control system; and installing markings at fuel wiring harnesses. That AD also requires revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness to incorporate new inspections of the fuel tank system. This AD clarifies the intended effect of the AD on spare and on-airplane fuel tank system components. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
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