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

This document responds to a petition for reconsideration of FRA's final rule published on August 25, 2009, which revised the Track Safety Standards. FRA received one petition questioning the definitions of ``adjusting/de-stressing'' and ``buckling-prone condition'' as they are used with regard to continuous welded rail (CWR).

This action amends Class E airspace for Graford, TX, adding additional controlled airspace to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Possum Kingdom Airport, Graford, TX. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

On November 24, 2009, as required by the Paperwork Reduction Act of 1995, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register (74 FR 61403) of its intent to renew an information collection under Office of Management and Budget (OMB) Control No. 2137-0604, titled ``Pipeline Integrity Management in High Consequence Areas Operators with more than 500 Miles of Hazardous Liquid Pipeline.'' No comments were received. PHMSA is publishing this notice to provide the public with an additional 30 days to comment and announce that the Information Collection renewal will be submitted to the Office of Management and Budget (OMB) for approval.

The FAA Office of Commercial Space Transportation will hold a public meeting to discuss the FAA Centers of Excellence Program and the technical requirements for the proposed Center of Excellence for Commercial Space Transportation (COE CST). A Draft Solicitation for the COE CST is available for public review. For a copy of the Draft Solicitation, contact Dr. Patricia Watts (the Contact Person listed below).

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.

FMCSA announces its decision to exempt forty-six 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.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 3, 2009. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 27, 2009. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 5, 2009. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

We are adopting a new airworthiness directive (AD) for the specified Eurocopter France (ECF) model helicopters. 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. The MCAI states: ``Recently, a report was received concerning the discovery of fragments of a plastic blanking plug (fitted to the harness belt buckle 5th attachment point) inside a seat harness belt buckle. Over time, this blanking plug hardens and becomes brittle. This condition, if not corrected, can lead to failure of the plug and fragments being caught inside the buckle, causing interference and preventing the belt from being released during an emergency evacuation of the aircraft.'' This

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.

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:

This amendment supersedes an existing airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) model helicopters. The existing AD requires certain inspections of a main rotor blade (blade) manufactured under a Parts Manufacturer Approval under Supplemental Type Certificate (STC) SH778GL. The AD requires inspecting each affected root end bolt (bolt) and bolt-hole for corrosion or a crack on the blade root end fitting (fitting) or in a bolt-hole. For certain serial-numbered blades, the AD also requires a one-time pull test on each fitting and blade root end doubler (doubler) to detect disbonding. This AD requires certain inspections for voids in any doubler or fitting and for paint cracks along the forward and aft edge of the blade fitting. Also, this AD requires inspecting the blade tip weight housing attachment. This AD also requires replacing unairworthy blades with airworthy blades. This amendment is prompted by reports from the STC holder of disbonds at the fittings, doublers, and the tip weight fitting. The actions specified by this AD are intended to prevent blade failure and subsequent loss of control of the helicopter.

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.

PHMSA is reopening the comment period for its Federal Register Notice issued on November 17, 2009 (73 FR 59342), that gave notice of a request from the Kern River Gas Transmission Company (Kern River), for modification of an existing special permit, PHMSA-2007-29078, granted to the company on November 8, 2008. Kern River seeks modification of Condition 35 of the special permit, which concerns the external coating on its gas pipeline.