Department of Transportation 2009 – Federal Register Recent Federal Regulation Documents
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Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 28 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 exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit
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 that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.
Operating Limitations at John F. Kennedy International Airport and Newark Liberty International Airport
This action announces a limited waiver of the minimum usage requirements that apply to Operating Authorizations at John F. Kennedy International Airport (JFK) and Newark Liberty International Airport (EWR) for nonstop flights to or from Mexico. This policy is effective from April 27, 2009, through September 12, 2009.
Airworthiness Directives; Airbus Model A330-200 and -300, and A340-200 and -300 Series 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; Bombardier Model BD-700-1A10 and BD-700-1A11 Airplanes
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; Airbus Model A318, A319, A320, and A321 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; Cessna Aircraft Company Models 208 and 208B Airplanes
We are adopting a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This AD requires you to measure the roll and the yaw bridle cable tension (adjusting as necessary) and to torque the clamp screws. This AD results from two reported incidences of slack bridle cables with the swaged balls unseating from their drum recesses. We are issuing this AD to detect and correct loose bridle cable clamps, which could result in the swaged ball unseating from the recess in the servo drum and contacting the cable guard pin. This failure could lead to very limited control of the rudder and/or aileron with consequent loss of control.
Airworthiness Directives; Hawker Beechcraft Corporation (Type Certificate Previously Held by Raytheon Aircraft Company) Model G36 Airplanes
We are adopting a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation (Type Certificate previously held by Raytheon Aircraft Company) Model G36 airplanes. This AD requires you to inspect for any improper installation and/or chafing of the P60/J60 electrical connector, associated wiring, and fuel line and, if found, correct the installation and replace damaged parts. This AD results from reports of chafing between the wire harness/connector(s) and fuel line. We are issuing this AD to detect and correct chafing between the wire harness/connector(s) and fuel line. This chafing could lead to fuel leaking into the cockpit and fire in the cockpit if wiring arcs through the fuel line.
Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12, PC-12/45, PC-12/47, and PC-12/47E Airplanes
We are superseding an existing 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 (two different MCAI) describes the unsafe condition as:
Airworthiness Directives; Turbomeca S.A. ARRIUS 2F Turboshaft Engines
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:
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 21 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; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 7 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 exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Commercial Driver's License (CDL) Standards; Rotel North American Tours, LLC; Amendment of Exemption
FMCSA announces its decision to grant Rotel North American Tours, LLC (Rotel), amendment of its existing exemption that permits 22 named drivers, employed by Rotel and possessing German CDLs, to operate commercial motor vehicles (CMVs) in the U.S. without a CDL issued by one of the States. The Rotel roster of its 22 exempt drivers is amended to permit three new Rotel drivers to be substituted for three drivers no longer employed by Rotel. The new Rotel drivers are subject to all the terms and conditions of the current exemption, including its expiration date of July 30, 2010.
Airworthiness Directives; Boeing Model 747-100B SUD, -200B, -300, -400, and -400D Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Boeing Model 747-100B SUD, - 200B, -300, -400, and -400D series airplanes. The existing AD currently requires repetitive inspections for cracking in fuselage stringers 8L, 8R, 10L, and 10R at body stations 460, 480, and 500 frame locations; and repair if necessary. This proposed AD would revise the applicability to include an additional airplane, and reduce compliance times for the initial inspection and repetitive intervals for Model 747-400 series airplanes that have been converted to the large cargo freighter configuration. This proposed AD results from findings of cracking in fuselage stringers 8L, 8R, 10L, and 10R at body stations 460, 480, and 500 frame locations. We are proposing this AD to detect and correct fatigue cracking in certain fuselage stringers, which, if left undetected, could result in fuselage skin cracking that reduces the structural integrity of the skin panel, and consequent rapid depressurization of the airplane.
Nondiscrimination in Federally Assisted Railroad Programs; Removal
FRA is removing 49 CFR part 265 because the relevant statutory authority for the regulation found in the Railroad Revitalization and Regulatory Reform Act of 1976 has expired. FRA expects that removal of part 265 will reduce the administrative burden to government and industry, reduce government printing costs, and provide a more concise and useful Title 49, Code of Federal Regulations.
Office of Hazardous Materials Safety; Notice of Application for Special Permits
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 that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
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 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.
Reports, Forms and Record Keeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on February 19, 2009 [FR Doc. 2009-0037, Vol. 74, No. 32, Pages 7737-7738].
Agency Information Collection Activity Under OMB Review
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for approval. The Federal Register Notice with a 60-day comment period soliciting comments was published on April 27, 2008. No comments were received in response to that notice.
Special Conditions: Alenia Model C-27J Airplane; Liquid Oxygen System
This action proposes special conditions for the Alenia Model C-27J airplane. This airplane will have novel or unusual design features when compared to the state of technology described in the airworthiness standards for transport-category airplanes. These design features include a liquid-oxygen (LOX) system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for oxygen systems that use liquid oxygen. These proposed 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.
Port Dolphin Energy LLC, Port Dolphin Energy Liquefied Natural Gas Deepwater Port License Application; Final Application Public Hearing and Final Environmental Impact Statement
The Maritime Administration and the U.S. Coast Guard (USCG) announce the availability of the Final Environmental Impact Statement (FEIS) for Port Dolphin Energy LLC, Port Dolphin Energy Liquefied Natural Gas Deepwater Port license application. The application describes a project that would be located approximately 28 miles off the western coast of Florida, and approximately 42 miles from Port Manatee, Manatee County, Florida. The Maritime Administration and Coast Guard request public comments on the FEIS and application. Publication of this notice begins a 45-day comment period and provides information on how to participate in the process.
Proposed Establishment of Class E Airspace; Ronan, MT
This action proposes to establish Class E airspace at Ronan, MT. Additional controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Ronan Airport, Ronan, MT. The FAA is proposing this action to enhance the safety and management of aircraft operations at Ronan Airport.
Proposed Establishment of Restricted Area R-2502A; Fort Irwin, CA
This action proposes to establish a restricted area (R-2502A) at Fort Irwin, CA, as part of a Department of the Army initiative at the National Training Center (NTC). The NTC is being expanded to meet the critical need of the Army for additional training land and airspace suitable for maneuvering large numbers of military personnel and equipment. Additionally, this action would modify the Silver military operation area (MOA) in the vicinity of the NTC Complex. Unlike restricted areas, which are designated under 14 CFR part 73, MOAs are not rulemaking airspace actions. However, since the proposed R-2502A infringes on the Silver MOA, the FAA is including a description of the Silver MOA change in this rule. The MOA change described here will also be published in the National Flight Data Digest (NFDD). The Army requested these airspace changes to provide the additional special use airspace (SUA) above the expanded ground maneuver area to facilitate realistic combat training at the NTC.
Special Conditions: Maule Aerospace Technology, Inc.; Maule Model M-7-230, M-7-230C, and M-9-230 Airplanes; Diesel Cycle Engine Using Turbine (Jet) Fuel
These special conditions are issued for the Maule Model M-7- 230, M-7-230C, and M-9-230 airplanes with a Societe de Motorisation Aeronautiques (SMA) Model SR305-230 aircraft diesel engine (ADE). This airplane will have a novel or unusual design feature(s) associated with the installation of a diesel cycle engine utilizing turbine (jet) fuel. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for installation of this new technology engine. 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.
Airworthiness Directives; Boeing Model 747-100B SUD, 747-200B, 747-300, 747-400, and 747-400D Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all Boeing Model 747-100B SUD, 747-300, 747-400, and 747-400D series airplanes; and Model 747-200B series airplanes having a stretched upper deck. The existing AD currently requires repetitively inspecting for cracking or discrepancies of the fasteners in the tension ties, shear webs, and frames at body stations 1120 through 1220; and related investigative and corrective actions if necessary. This proposed AD would also require modifying the frame-to- tension-tie joints at body stations 1120 through 1220 (including related investigative actions and corrective actions if necessary), which would provide a terminating action for the repetitive inspections. This proposed AD would also require new repetitive inspections after the modification, corrective actions if necessary, and additional modification requirements at a specified time after the first modification. This proposed AD would also remove certain airplanes from the applicability. This proposed AD results from reports of cracked and severed tension ties, broken fasteners, and cracks in the frame, shear web, and shear ties adjacent to tension ties for the upper deck. We are proposing this AD to detect and correct cracking of the tension ties, shear webs, and frames of the upper deck, which could result in rapid decompression and reduced structural integrity of the airplane.
Notice of Final Federal Agency Actions on Proposed Highway in California
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, the Cold Spring Canyon Bridge Suicide Barrier project on State Route 154 at Cold Spring Canyon Bridge, 05-SB-154-PM 22.9/23.1, in the County of Santa Barbara, State of California. Those actions grant licenses, permits, and approvals for the project.
Establishment of Class E Airspace; Kona, HI
This action will establish Class E airspace at Kailua-Kona, HI. Additional controlled airspace is necessary to accommodate aircraft utilizing the Kona International Airport at Keahole, Kona, HI, when the Air Traffic Control Tower is non-operational. The FAA is taking this action to enhance the safety and management of aircraft operations at Kona International Airport at Keahole, Kona, HI.
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.
Marine Transportation System National Advisory Council
The Maritime Administration announces that the Marine Transportation System National Advisory Council (MTSNAC) will hold a meeting to assess its priorities for the coming year, and to discuss other issues of importance to the Marine Transportation System. A public comment period is scheduled for 11 a.m.-11:30 a.m. on Friday, July 24, 2009. To provide time for as many people to speak as possible, speaking time for each individual will be limited to three minutes. Members of the public who would like to speak are asked to contact Richard J. Lolich by July 17, 2009. Commenters will be placed on the agenda in the order in which notifications are received. If time allows, additional comments will be permitted. Copies of oral comments must be submitted in writing at the meeting. Additional written comments are welcome and must be filed by August 4, 2009.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009-0065 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009-0064 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the
Flightcrew Alerting
The FAA proposes to amend the airworthiness standards for transport category airplanes concerning flightcrew alerting. The
Airworthiness Directives; Pratt & Whitney Canada Corp. (P&WC) Models PW305A and PW305B Turbofan Engines
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:
Drug and Alcohol Testing Program; Technical Amendment
The Federal Aviation Administration (FAA) is making minor technical changes to a final rule published in the Federal Register on May 14, 2009. That final rule amended the FAA's drug and alcohol regulations to place them in a new part. In that final rule the FAA inadvertently did not include an instruction to amend a cross-reference to two appendices.
Revisions to Digital Flight Data Recorder Regulations for Boeing 737 Airplanes and for All Part 125 Airplanes
The Federal Aviation Administration (FAA) is amending a final rule published in the Federal Register on December 2, 2008. That final rule amended the regulations governing flight data recorders to increase the number of digital flight data recorder parameters for all Boeing 737 series airplanes manufactured after August 18, 2000. The rule also adopts a prohibition on deviations from flight recorder requirements for all airplanes operated under part 125. In our changes to part 125, the FAA incorrectly referenced the appendix containing airplane flight recorder specifications as appendix M when it is actually appendix E.
Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations
The Federal Aviation Administration (FAA) is amending a final rule published in the Federal Register on March 7, 2008. That final rule amended cockpit voice recorder and digital flight data recorder regulations affecting certain air carriers, operators, and aircraft. In that final rule, the FAA failed to include conforming amendments to certain operating rules to ensure that certain new requirements apply to only newly manufactured aircraft.
Membership in the National Parks Overflights Advisory Group Aviation Rulemaking Committee
By Federal Register notice (See 74 FR 16442; April 10, 2009) the National Park Service (NPS) and the Federal Aviation Administration (FAA) invited interested persons to apply to fill six upcoming openings on the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). The notice invited interested persons to apply to fill six vacancies representing commercial air tour operators (2), general aviation (1), Native American tribal (1), and environmental (2) concerns due to the incumbent members' completion of three-year term appointments on October 9, 2009. This notice informs the public of the persons selected to fill four of the six vacancies on the NPOAG ARC. Vacancies filled include the two commercial tour operator openings, the general aviation opening, and one of the environmental openings. Since the previous notice did not draw enough responses from individuals for the Native American tribal opening or the remaining environmental vacancy, NPS and FAA are also using this notice to invite other interested individuals to apply for these two remaining openings. If you responded to the initial notice, for either the Native American tribal or environmental openings, you will still be under consideration and need not re-apply.
Environmental Impact Statement: Bexar County, TX
Pursuant to 40 CFR 1508.22 and 43 TAC Sec. 2.5(e)(2), the FHWA, Texas Department of Transportation (TxDOT) and Alamo Regional Mobility Authority are issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed transportation project on United States Highway (US) 281 from Loop (LP) 1604 to Borgfeld Road, about 7.5 miles, in Bexar County, Texas. Areas within the city of San Antonio are included in the study area.
Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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:
Office of Commercial Space Transportation; Notice of Availability of the Environmental Assessment and Finding of No Significant Impact for Pegasus Launches at the U.S. Army Kwajalein Atoll Ronald Reagan Ballistic Missile Defense Test Site
In accordance with the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), Council on Environmental Quality NEPA implementing regulations (40 CFR Parts 1500- 1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for Pegasus Launches at the U.S. Army Kwajalein Atoll Ronald Reagan Ballistic Missile Defense Test Site (USAKA/RTS).
Airworthiness Directives; EADS-PZL “Warszawa-Okęcie” S.A. Model PZL-104 WILGA 80 Airplanes
We are superseding an existing 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; Dassault Model Falcon 2000EX 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:
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