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

Notice is hereby given of a meeting of the Rail Energy Transportation Advisory Committee (RETAC), pursuant to section 10(a)(2) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C., App. 2).

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 collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on May 6, 2010 (75 FR 25033-25034).

The Board grants an exemption, under 49 U.S.C. 10502, from the prior approval requirements of 49 U.S.C. 11323-25, for RailAmerica, Inc. (RailAmerica); Palm Beach Holding, Inc. (Palm Beach); RailAmerica Transportation Corp. (RTC); Central Railroad Company of Indianapolis (CERA); Chicago Ft. Wayne and Eastern Railroad Division (CFE); Fortress Investment Group, LLC (Fortress), on behalf of certain private equity funds managed by Fortress and its affiliates; and RR Acquisition Holding, LLC (RR Acquisition), to acquire control of Delphos Terminal Company, Inc. (DTC), subject to labor protective conditions. Pursuant to an agreement that CERA, a Class III rail carrier, intends to enter into with Bunge North America (East), LLC (Bunge), the parent company of DTC, CERA will acquire from Bunge all of the issued and outstanding shares of stock of DTC and will thus acquire direct control of DTC. Fortress, RR Acquisition, RailAmerica, Palm Beach, and RTC will indirectly control DTC, because Fortress's noncarrier affiliate, RR Acquisition, controls noncarrier RailAmerica; RailAmerica directly controls noncarrier Palm Beach; Palm Beach directly controls noncarrier RTC; and RTC directly controls CERA. RailAmerica is a holding company that directly or indirectly controls 1 Class II and 29 Class III railroads. Fortress is a noncarrier that indirectly controls 1 Class II rail carrier.\1\

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 document announces Office of Management and Budget's (OMB's) approval of the information collection requirement contained in the FAA's final rule, ``Re-Registration and Renewal of Aircraft Registration,'' which was published on July 20, 2010.

FMCSA announces it will hold a public listening session to solicit input on key challenges facing the motor carrier industry, issues facing stakeholders, and concerns that should be considered by the Agency in developing its next 5-year Strategic Plan. FMCSA invites interested persons to participate in this important opportunity to help build FMCSA's next strategic plan. This notice also invites written comments, suggestions, and recommendations from all individuals and organizations on FMCSA's mission, vision, and strategic objectives (goals) for the plan.

This Airworthiness Design Standard is issued to OHA, Inc., for certification under primary category regulations of modified Cessna 172I, 172K, 172L, and 172M airplanes.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. FAR Part 43 prescribes the rules governing maintenance, rebuilding, and alteration of aircraft components, and is necessary to ensure this work is performed by qualified persons, and at proper intervals. This work is done by certified mechanics, repair stations, and air carriers authorized to perform maintenance.

These special conditions are issued for the Embraer Model ERJ 170-100 SU series airplanes. These airplanes, as modified by C&D Zodiac, Inc., will have a novel or unusual design feature associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. FAR part 65 prescribes requirements for mechanics, repairmen, parachute riggers, and inspection authorizations. The information collected shows applicant eligibility for certification.

FMCSA announces receipt of applications from 39 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

The FHWA, on behalf of the California Department of Transportation (Caltrans), is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in Stanislaus County, California.

This action proposes to establish Class E Airspace at Bamberg, SC, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Bamberg County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to non-aeronautical use and to authorize the release of 13.105 acres of airport property for the proposed development of bulk warehouse/ distribution facilities as a component of the Rickenbacker Global Logistics Park. The land was acquired by the Rickenbacker Port Authority through two Quitclaim Deeds dated March 30, 1984 from the Administrator of General Services for the United States of America and May 11, 1999 from the United States of America, acting by and through the Secretary of the Air Force. The property is no longer needed for aeronautical use. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the disposal of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999.

PHMSA is reopening the period for comments on NYSDEC's petition for reconsideration of PHMSA's January 23, 2009 administrative determination with respect to the findings that Federal hazardous material transportation law preempts the requirements in 6 NYCRR 230.6(b) and (c) for maintaining a copy of the most recent pressure- vacuum test results with the gasoline transport vehicle and retaining pressure-vacuum test and repair results for two years, respectively.

In 2009, the National Highway Traffic Safety Administration (NHTSA) took a big step toward the goal of unifying the FARS and NASS GES data definitions and changes, simplifying crash data entry and analysis while also reducing costs and errors. The Data Standardization Work Group, consisting of representatives from NHTSA, the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Highway Administration (FHWA), was chartered in 2006. The mission of the work group was to improve the compatibility of FARS and NASS GES and to bring both systems into alignment with the Model Minimum Uniform Crash Criteria (MMUCC), the guideline used now by nearly all States in the development and revision of their crash report forms and databases. After a thorough review of the data elements and attributes (variable values) in FARS and NASS GES and comparison to the recommended MMUCC data elements and attributes, the first of two phases of identified standardization changes were implemented in 2009, involving 45 common data elements. The second and much larger phase involving all the remaining variables was implemented in 2010. This webinar will highlight the 2009 changes. Also, NCSA will be presenting ``how to use'' the auxiliary files created from the FARS and NASS GES data bases.

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:

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 petitions or their final disposition.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

The FAA is issuing this notice to advise the public of a meeting of the RTCA Program Management Committee.

The Northwest Mountain Region of the Federal Aviation Administration (FAA) as lead agency and the Bureau of Land Management (BLM) as a cooperating agency announce that the FAA will prepare a

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.

We propose to adopt a new airworthiness directive (AD) for all Diamond Aircraft Industries GmbH Models DA 40 and DA 40F airplanes. This proposed AD would change the emergency open doors procedure by incorporation of a temporary revision into the FAA-approved airplane flight manual for all airplanes. This proposed AD would also require replacement of the passenger door retaining bracket with an improved design retaining bracket for certain airplanes. This proposed AD results from several reports of the rear passenger door departing the airplane in flight. We are proposing this AD to change the emergency open doors procedure and retrofit the rear passenger door retaining bracket, which if not corrected could result in the rear passenger door departing the airplane in flight.

We are adopting a new airworthiness directive (AD) for the products listed above that will supersede an existing AD. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: