Department of Transportation May 2010 – Federal Register Recent Federal Regulation Documents
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Pipeline Safety: Information Collection Activities
In compliance with the Paperwork Reduction Act, PHMSA announces that the currently approved Information Collection Request (OMB Control No. 2137-0614) abstracted below, is being forwarded to the Office of Management and Budget (OMB) for renewal and approval.
Reports, Forms and RecordKeeping 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 March 23, 2010, Vol. 75, No. 55, Pages 13806-13807.
FY 2010 Discretionary Livability Funding Opportunity: Alternatives Analysis Program
The Federal Transit Administration (FTA) announces the availability of up to $25.7 million in discretionary Fiscal Year (FY) 2009 and 2010 funds under the Alternatives Analysis Program (49 U.S.C. 5339) authorized by the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. Discretionary program funds will be distributed in accordance with the mission of this program and in support of the Department of Transportation's Livability Initiative.
Petition for Exemption From the Vehicle Theft Prevention Standard; Ford Motor Company
This document grants in full the Ford Motor Company's (Ford) petition for an exemption of the Explorer vehicle line in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard. 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 (49 CFR Part 541). Ford requested confidential treatment for the attachments it submitted in
Proposed Revocation of Class E Airspace; Eastsound, WA
This action proposes to remove Class E surface airspace at Orcas Island Airport, Eastsound, WA. Controlled airspace already exists in the Eastsound, WA, area to accommodate the safety and management of aircraft operations at Orcas Island Airport.
Special Conditions: Cirrus Design Corporation Model SF50 Airplane; Function and Reliability Testing
This action proposes special conditions for the Cirrus Design Corporation SF50 airplane. This airplane will have a novel or unusual design feature(s) associated with the complex design and performance features consistent with larger airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. 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.
Direct Final Rulemaking Procedures
FMCSA amends its regulations by establishing direct final rulemaking procedures for use on routine or noncontroversial rules. Under these procedures, FMCSA will make regulatory changes that will become effective a specified number of days after the date of publication in the Federal Register, unless FMCSA receives written adverse comment(s) or written notice of intent to submit adverse comment(s) by the date specified in the direct final rule. These new procedures will expedite the promulgation of routine or noncontroversial rules by reducing the time and resources necessary to develop, review, clear, and publish separate proposed and final rules. FMCSA will not use the direct final rule procedures for complex or controversial issues.
Solicitation of Applications for Fiscal Year (FY) 2010 Motor Carrier Safety Assistance Program (MCSAP) High Priority Grant Funding
FMCSA announces that on May 21 it published an opportunity to apply for FY 2010 MCSAP High Priority grant funding on the grants.gov Web site (https://www.grants.gov).
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.
Automatic Dependent Surveillance-Broadcast (ADS-B) Out Performance Requirements To Support Air Traffic Control (ATC) Service
This final rule amends FAA regulations by adding equipage requirements and performance standards for Automatic Dependent SurveillanceBroadcast (ADS-B) Out avionics on aircraft operating in Classes A, B, and C airspace, as well as certain other specified classes of airspace within the U.S. National Airspace System (NAS). ADS-B Out broadcasts information about an aircraft through an onboard transmitter to a ground receiver. Use of ADS-B Out will move air traffic control from a radar-based system to a satellite-derived aircraft location system. This action facilitates the use of ADS-B for aircraft surveillance by FAA and Department of Defense (DOD) air traffic controllers to safely and efficiently accommodate aircraft operations and the expected increase in demand for air transportation. This rule also provides aircraft operators with a platform for additional flight applications and services.
Petition for Exemption From the Vehicle Theft Prevention Standard; Volkswagen
This document grants in full the Volkswagen Group of America (Volkswagen) petition for an exemption of the new vehicle line [confidential nameplate] in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. 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 (49 CFR part 541). Volkswagen requested confidential treatment for the information it submitted in support of its petition until the market introduction of its new MY 2010 vehicle line (expected to be not later
CSX Transportation, Inc. and Delaware and Hudson Railway Company, Inc.-Joint Use Agreement
The Surface Transportation Board (Board) is accepting for consideration the application filed on April 27, 2010, by CSX Transportation, Inc. (CSXT), and Delaware and Hudson Railway Company, Inc. (D&H). The application seeks Board approval under 49 U.S.C. 11321- 26 for CSXT and D&H to commence operations pursuant to an agreement between CSXT and D&H, known as the New York Joint Use Agreement (Joint Use Agreement). This proposal is referred to as the transaction, and CSXT and D&H are referred to collectively as Applicants.
Notice and Request for Comments; Waybill Compliance Survey
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) an extension of approval for the currently approved Waybill Compliance Survey. This information collection is described in detail below. Comments are requested concerning (1) the accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether this collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.
Agency Information Collection Activity Seeking OMB Approval
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) extension 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 March 8, 2010, vol. 75, no. 44, page 10549. Airworthiness directives are regulations issued to require correct corrective action to correct unsafe conditions in aircraft, engines, propellers, and appliances. Reports of inspections are often needed when emergency corrective action is taken to determine if the action was adequate to correct the unsafe condition. The respondents are aircraft owners and operators.
Agency Information Collection Activity Seeking OMB Approval
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) extension 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 March 8, 2010, vol. 75, no. 44, page 10548. The date of manufacture and compliance status stamped on a nameplate of each turbojet engine permits rapid determination by FAA inspectors, owners, and operators whether an engine can legally be installed and operated on an aircraft in the United States.
Agency Information Collection Activity Seeking OMB Approval
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 March 8, 2010, vol. 75, no. 44, page 10549. Title 49 U.S.C. 44703(h) mandates that all U.S. air carriers operating under 14 CFR parts 121 or 135, and all U.S. air operators under 14 CFR part 125, and certain others, request and receive certain training, safety, and testing records before extending a firm offer of employment to an individual who is applying to their company as a pilot.
Agency Information Collection Activity Seeking OMB Approval
The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) extension 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 March 8, 2010, vol. 75, no. 44, page 10550. This information collection is required for compliance with the final rule that codifies special flight rules and airspace and flight restrictions for certain operations in the Washington, DC Metropolitan Area. The FAA form number and time per response listed below have been corrected from those reported on the Federal Register notice of March 8, 2010 (75 FR 10550).
Amendment of Class E Airspace; Beatrice, NE
This action amends Class E airspace for Beatrice, NE. Decommissioning of the Shaw non-directional beacon (NDB) at Beatrice Municipal Airport, Beatrice, NE, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Sixth Meeting: RTCA Special Committee 221: Aircraft Secondary Barriers and Alternative Flight Deck Security Procedures.
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 221: Aircraft Secondary Barriers and Alternative Flight Deck Security Procedures.
RTCA Program Management Committee
The FAA is issuing this notice to advise the public of a meeting of the RTCA Program Management Committee.
21st Meeting: RTCA Special Committee 206: EUROCAE WG 76 Plenary: AIS and MET Data Link Services
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 206: EUROCAE WG 76 Plenary: AIS and MET Data Link Services.
Amendment of Area Navigation Route Q-15; California
This action amends Area Navigation Route Q-15 by modifying a segment of the airway to provide adequate separation from restricted area R-2508 Complex, CA. This action is necessary for the safety and management of instrument flight rules (IFR) operations within the National Airspace System (NAS).
Amendment of Class E Airspace; Batesville, AR
This action amends Class E airspace for Batesville, AR. Decommissioning of the Independence County non-directional beacon (NDB) at Batesville Regional Airport, Batesville, AR, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Establishment of Class E Airspace; Marianna, AR
This action establishes Class E airspace for Marianna, AR to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAPs) at Marianna/Lee County AirportSteve Edwards Field, Marianna, AR. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Manila, AR
This action amends Class E airspace for Manila, AR. Decommissioning of the Manila non-directional beacon (NDB) at Manila Municipal Airport, Manila, AR has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Mountain View, AR
This action amends Class E airspace for Mountain View, AR. Decommissioning of the Wilcox non-directional beacon (NDB) at Mountain View Wilcox Memorial Field Airport, Mountain View, AR, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class E Airspace; Magnolia, AR
This action amends Class E airspace for Magnolia, AR. Decommissioning of the Magnolia non-directional beacon (NDB) at Magnolia Municipal Airport, Magnolia, AR has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Model Gulfstream G150 Airplanes
The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for certain Model Gulfstream G150 airplanes. The proposed AD would have required inspecting to determine the manufacturer of the baggage compartment rubber seals, and replacing the baggage compartment rubber seals manufactured by Gumiyan with seals manufactured by Rubbercraft. Since the proposed AD was issued, we have received new data from the manufacturer stating that all affected airplanes have already been modified as described in the proposed AD. Accordingly, the proposed AD is withdrawn.
Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan
This action would permit certain U.S. civil aircraft operations below flight level (FL) 160 within the territory and airspace of Afghanistan, when approved by the FAA as provided herein. Otherwise, flight operations below FL 160 would be prohibited within the territory and airspace of Afghanistan by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when that person is operating a U.S.- registered aircraft for a foreign air carrier; and operators of U.S.-registered aircraft, except when such operators are foreign air carriers. The FAA finds this action necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
Reports, Forms and Record Keeping Requirements, Agency Information Collection Activity Under OMB Review
Before a Federal agency can collect certain information from the public, the agency must receive approval from the Office of Management and Budget (``OMB''). Under procedures established by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. In compliance with the Paperwork Reduction Act of 1995, this notice describes one collection of information for which NHTSA intends to seek OMB approval.
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.
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.
Notice of Final Federal Agency Actions on a Proposed Highway Project in California
This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(1)(1). This action relates to an approval of a proposed highway project corridor.
The New York North Shore Helicopter Route
This proposed action would require helicopter operators to use the New York North Shore Route when operating in that area of Long Island, New York. The North Shore Route was added to the New York Helicopter Route Chart in 2008 and the use of that route is currently voluntary. New York public officials have continued to receive complaints regarding the adverse impact of helicopter noise on their communities. The intended effect of this proposal is to maximize utilization of the existing route flown by helicopter traffic along the north shore of Long Island and reduce the noise impact on nearby communities.
Special Issuance of Airman Medical Certificates to Applicants Being Treated With Certain Antidepressant Medications; Re-Opening of Comment Period
This action re-opens the comment period on a policy statement published April 5, 2010, related to special issuance of airmen medical certificates to applicants using certain antidepressant medication. The comment period is re-opened for 30 days and responds to a request from the Air Line Pilots Association, International.
Motor Carrier Safety Advisory Committee Public Meeting
FMCSA announces that its Motor Carrier Safety Advisory Committee (MCSAC) will hold a three-day committee meeting concerning distracted driving by commercial motor vehicle (CMV) operators, from June 8 through June 10, 2010. This meeting is open to the public.
Safety Advisory 2010-01
FRA is issuing Safety Advisory 2010-01 in order to provide guidance to interested parties concerning the inspection and repair of FTTX series flatcars that have welded vertical hand brake supports that have been modified to accommodate a 10-inch wide hand brake step. FRA's Office of Railroad Safety Motive Power and Equipment (MP&E) Division has been notified that approximately 1,851 FTTX series flatcars that are owned by TTX Company (TTX) may have a notch cut into the vertical hand brake supports, which compromises the safety of the hand brake support angles.
Agency Request for Emergency Approval of an Information Collection
The Department of Transportation (DOT) provides notice that it will submit an information collection request (ICR) to the Office of Management and Budget (OMB) for emergency approval of a proposed information collection under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3501 et seq.). Upon receiving the requested six-month emergency approval by OMB, OST will follow the normal, 6 month PRA procedures to obtain extended approval for this proposed information collection. This collection involves the National Infrastructure Investments Grant Program or ``TIGER II Discretionary Grants'' pursuant to Title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010 (Div. A of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, Dec. 16, 2009)) (``FY 2010 Appropriations Act''). Title I established a new program for OST to provide Supplemental Discretionary Grants for National Infrastructure Investments. OST is referring to these grants as TIGER II Discretionary Grants which include promoting economic recovery and supporting projects that have a significant impact on the Nation, Metropolitan area or a region.
Amendment of Restricted Area R-2502A; Fort Irwin, CA
This action changes the controlling agency of Restricted Area R-2502A, Fort Irwin, CA, from ``FAA, Hi-Desert TRACON, Edwards, CA'' to ``FAA, Los Angeles ARTCC.'' The FAA is taking this action in response to an administrative change of responsibility for the restricted area. This action does not change any boundaries, times of designation, or activities conducted in the restricted airspace area.
Amendment and Establishment of Restricted Areas and Other Special Use Airspace, Avon Park Air Force Range, FL
This action restructures the special use airspace (SUA) at the Avon Park Air Force Range (APAFR), Florida. The changes provide additional restricted airspace needed for training in high altitude weapons releases and other hazardous activities, and reconfigure the military operations areas (MOA) to contain nonhazardous flight operations. These changes will permit realistic training in current tactics to be conducted at the Range and enable more efficient use of the National Airspace System.
Amendment of Class E Airspace; Pine Mountain, GA
This action proposes to amend Class E Airspace at Pine Mountain, GA, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Harris County Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Ninth Meeting: Joint RTCA Special Committee 213: EUROCAE WG-79: Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS)
The FAA is issuing this notice to advise the public of a meeting of Joint RTCA Special Committee 213: EUROCAE WG-79: Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS).
Notice of Final Federal Agency Actions on Proposed Highway in Washington
This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the SR 520, Medina to SR 202: Eastside Transit and HOV Project, in the State of Washington. Those actions grant approval for the project.
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.
Airworthiness Directives; Bell Helicopter Textron (Bell) Model 205A, 205A-1, 205B, 212, 412, 412EP, and 412CF and Agusta S.p.A. (Agusta) Model AB412, AB412EP Helicopters
This amendment adopts a new airworthiness directive (AD) for the Aeronautical Accessories, Inc. (AAI) Low Skid Landing Gear Forward Crosstube (Crosstube) on certain Bell and Agusta model helicopters. This action requires replacing certain AAI serial-numbered crosstubes installed on these model helicopters. This amendment is prompted by the discovery of a defect in the raw material used in manufacturing certain crosstubes. The actions specified in this AD are intended to prevent failure of a crosstube and subsequent collapse of the landing gear.
Airworthiness Directives; Hawker Beechcraft Corporation (Type Certificate No. A00010WI Previously Held by Raytheon Aircraft Company) Model 390 Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model 390 airplanes. This proposed AD would require inspecting for installation of certain serial number (S/N) starter generators and replacing the starter generator if one with an affected serial number is found. This proposed AD results from reports that starter generators with deficient armature insulating materials may have been installed on certain airplanes. We are proposing this AD to detect and replace starter generators with defective armature insulating materials. This condition could result in the loss of operation of one or both starter generators with consequent loss of all non-battery electrical power.
Airworthiness Directives; Various Aircraft Equipped With Rotax Aircraft Engines 912 A Series Engines
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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: This Airworthiness Directive (AD) results from reports of
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