Department of Transportation January 27, 2010 – Federal Register Recent Federal Regulation Documents

In accordance with an order from the Pennsylvania Public Utilities Commission (PPUC), Fullington Trailways, LLC (Fullington) filed a petition for a declaratory order (Petition) seeking a determination from FMCSA on the following three issues with respect to its State College/Harrisburg and Lewistown/Harrisburg passenger bus routes: (1) Whether Fullington's operations are within the scope of its Federal operating authority; (2) whether PPUC regulation as to rates and schedules is preempted; and (3) whether its operations qualify as a ``special operation'' under 49 U.S.C. 13902 or ``intrastate commuter bus operation'' under 49 U.S.C. 14501. The Agency grants Fullington's petition, finding that the passenger bus service in question is within the scope of Fullington's Federal operating authority, that PPUC regulation as to rates and schedules is preempted and that Fullington's operations do not qualify as a ``special operation'' or an ``intrastate commuter bus operation.''

On January 15, 2010, the Maritime Administration published notice of administrative waiver of the coastwise trade laws. There was an inadvertent error in the docket number. The correct docket number, MARAD-2010-0001, heads this document.

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-2010-0007 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

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes an existing collection of information for Federal Motor Vehicle Safety Standard (FMVSS) No. 106, for which NHTSA intends to seek renewed OMB approval.

The FAA is issuing this notice to advise the public of a meeting to discuss a review of the requirements for small airplanes. This discussion focuses on the future of small airplane regulation; however, we are asking for feedback concerning maintenance and operations, and not just certification.

We are adopting a new airworthiness directive (AD) for the Lifesavings Systems Corp., D-Lok Hook assembly installed on certain rescue hoist assemblies. This AD results from a mandatory continuing airworthiness information (MCAI) AD issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI AD states that rescue hoist operators have reported surface irregularities and discontinuities on certain D-Lok Hooks because of an unapproved change in the hook design and manufacturing process from forged material to cast material that have different physical properties. The actions are intended to prevent failure of a hook during rescue hoist operations, loss of the rescued passenger, and subsequent serious injury or fatality.

This action confirms the effective date of a direct final rule published in the Federal Register September 14, 2009 that establishes Class E Airspace at Harvey Point Defense Testing Activity, Hertford, NC.

This action confirms the effective date of a direct final rule published in the Federal Register September 14, 2009 that establishes Class E Airspace at Heaven's Landing Airport, Clayton, GA.

This action confirms the effective date of a direct final rule published in the Federal Register October 28, 2009 that modifies the Class E airspace at Anniston Metropolitan Airport, Anniston, AL.

This action confirms the effective date of a direct final rule published in the Federal Register September 14, 2009 that establishes Class E Airspace at Hancock Co.Ron Lewis Field, Lewisport, KY.