Department of Transportation October 2010 – Federal Register Recent Federal Regulation Documents
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Airworthiness Directives; Cessna Aircraft Company (Cessna) Model 402C Airplanes Modified by Supplemental Type Certificate (STC) SA927NW and Model 414A Airplanes Modified by STC SA892NW
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require a complete inspection of the flap system and modification of the flap control system. This proposed AD was prompted by a report of a Cessna Model 414A airplane modified by STC SA892NW that experienced an asymmetrical flap condition causing an un-commanded roll when the pilot set the flaps to the approach position. We are proposing this AD to prevent failure of the flap system, which could result in an asymmetrical flap condition. This condition could result in loss of control.
Notice and Request for Comments
As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) has submitted a request to the Office of Management and Budget (OMB) for an extension of approval for the collection of the Rail Fuel Surcharge Report. The Board previously published a notice about this collection in the Federal Register on June 29, 2010, at 75 FR 37,522. That notice allowed for a 60-day public review and comment period. No comments were received. The current notice corrects an error in prior notices about this report, which incorrectly stated that the frequency of the collection was monthly with a per-response burden of one hour. As correctly stated in this notice, the reports are collected quarterly with a per-response burden of 3 hours. The Rail Fuel Surcharge Report is described in detail below. Comments may now be submitted to OMB 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.
Federal Motor Vehicle Safety Standards; Seat Belt Assembly Anchorages, School Bus Passenger Seating and Crash Protection
In this final rule, we respond to petitions for reconsideration of a final rule published on October 21, 2008, which upgraded NHTSA's school bus passenger crash protection requirements. This document denies most of the requests in the petitions for reconsideration. To the extent we grant petitions, we make slight changes to the regulatory text of the October 2008 final rule to clarify the rule. We make clearer the procedure specifying how we will measure the height of school bus passenger torso belts, and we are clarifying that a requirement that seat belts be integral to the passenger seat (a requirement adopted to reduce the likelihood of passengers getting injured by or tangled in loose belts) also applies to seats that have wheelchair positions or side emergency doors behind them, even if the seats are in the last row of vehicles. We are also slightly revising the procedure for testing the self- latching requirement for school bus seat cushions, to specify the weight that is placed on the seat cushion in Newtons, to specify that the downward force is applied in a one to five second timeframe, and to specify that activation of the self-latching mechanism is assessed using the seat cushion retention test. Those provisions make the language more consistent with that of a pre-existing seat cushion retention test in the standard.
Eleventh Meeting: RTCA Special Committee 214: Working Group 78: Standards for Air Traffic Data Communication Services
The FAA is issuing this notice to advise the public of a meeting of the RTCA Special Committee 214: Working Group 78: Standards for Air Traffic Data Communication Services.
Airworthiness Directives; PILATUS Aircraft Ltd. Model PC-7 Airplanes
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:
Airworthiness Directives; Airbus Model A310 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; Eurocopter Deutschland GmbH Model MBB-BK 117 C-2 Helicopters
This amendment supersedes an existing airworthiness directive (AD) for the Eurocopter Deutschland GmbH (ECD) Model MBB BK 117 C-2 helicopters. This amendment 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 there was an in- flight incident in which a dynamic weight broke off the control lever leading to considerable vibrations. A visual inspection revealed that the threaded bolt of the control lever had broken off. The actions specified by this AD are intended to prevent separation of dynamic weights, severe vibration, and subsequent loss of control of the helicopter.
Airworthiness Directives; McDonnell Douglas Corporation Model MD-90-30 Airplanes
We are superseding an existing airworthiness directive (AD) for the products listed above. That AD currently requires a detailed inspection for certain defects of the upper fasteners of the aft mount support fittings of the left and right engines, and corrective actions if necessary. This new AD requires repetitive replacement of the upper row of fasteners of the support fittings of the engine aft mount with new fasteners; and repetitive general visual inspections for defects of the lower row fasteners (Row B) of the support fittings of the left and right engine aft mounts, and replacement of all clearance fit fasteners in the lower row if necessary. This AD was prompted by reports of loose, cracked, or missing fasteners in the aft mount support fitting of the left and right engines. We are issuing this AD to prevent loose, cracked, or missing fasteners in the engine aft mount support fittings, which could lead to separation of the support fittings from the pylon, and could result in separation of the engine from the airplane.
Airworthiness Directives; Airbus Model A330-201, -202, -203, -223, and -243 Airplanes, and Model A330-300 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; Fokker Services B.V. Model F.28 Mark 0070 and 0100 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:
Amendment of Jet Route J-93; CA
This action proposes to amend Jet Route J-93 in California between the Julian VHF Omnidirectional Radio Range Tactical Air Navigation Aid (VORTAC), and the ASUTA intersection on the United States/Mexican border. The FAA is proposing to realign the jet route due to the relocation of the Penasco VOR, located in Mexico. This would ensure the efficient use of our National Airspace System.
Seventh Meeting: RTCA Special Committee 223: Airport Surface Wireless Communications
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 223: Airport Surface Wireless Communications.
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 13 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.
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 10 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, Director, Medical Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, without the exemptions for these commercial motor vehicle (CMV) drivers.
Establishment of Class E Airspace; Kaiser/Lake Ozark, MO
This action amends Class E airspace for the Kaiser/Lake Ozark, MO, area to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Camdenton Memorial Airport, Camdenton, MO. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Proposed Amendment of Class E Airspace; Taos, NM
This action proposes to amend Class E airspace at Taos, NM. Decommissioning of the Ski non-directional beacon (NDB) at Taos Regional Airport, Taos, NM, has made it necessary to reconfigure controlled airspace for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Medical Standards and Certification
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. The information collected is used to determine if applicants are medically qualified to perform the duties associated with the class of airman medical certificate sought.
Amendment of Class E Airspace; Corpus Christi, TX
This action amends Class E airspace for the Corpus Christi, TX, area. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Corpus Christi International Airport, Corpus Christi, TX. 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; Boonville, MO
This action amends Class E airspace for Boonville, MO. Decommissioning of the Viertel non-directional beacon (NDB) at Jesse Viertel Memorial Airport, Boonville, MO, 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; Searcy, AR
This action amends Class E airspace for Searcy, AR. Decommissioning of the Searcy non-directional beacon (NDB) at Searcy Municipal Airport, Searcy, AR, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. The geographic coordinates of the airport also will be adjusted.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Aviation Medical Examiner Program
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. The collection of information is for the purpose of obtaining essential information concerning the applicants' professional and personal qualifications. The FAA uses the information to screen and select the designees who serve as aviation medical examiners.
Revocation of Restricted Areas R-3807 Glencoe, LA, and R-6320 Matagorda, TX
This action removes Restricted Areas R-3807 Glencoe, LA, and R-6320 Matagorda, TX. These restricted areas were originally established to contain aerostat balloons used in detecting illegal entry across the southern border of the United States. The aerostat balloons have not been operational for several years and the United States Air Force (USAF) has no intent to replace them. Therefore, the FAA has determined that a valid requirement for the airspace no longer exists.
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 July 16, 2010 (75 FR 41565).
Pipeline Safety: Request for Special Permit
Pursuant to the Federal Pipeline Safety Laws, PHMSA is publishing this notice of a special permit request we have received from Gulf South Pipeline Company, LP, a natural gas pipeline operator, seeking relief from compliance with certain requirements in the Federal Pipeline Safety Regulations. This notice seeks public comments on this request, including comments on any safety or environmental impacts. At the conclusion of the 30-day comment period, PHMSA will evaluate the request and determine whether to grant or deny a special permit.
Airworthiness Directives; Thielert Aircraft Engines GmbH Models TAE 125-02-99 and TAE 125-02-114 Reciprocating 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) 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:
Proposed Amendment of Class E Airspace; Horseshoe Bay, TX
This action proposes to amend Class E airspace at Horseshoe Bay, TX. Decommissioning of the Horseshoe Bay Resort non-directional beacon (NDB) at Horseshoe Bay Resort Airport, Horseshoe Bay, TX, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Airworthiness Directives; Cessna Aircraft Company (Type Certificate Previously Held by Columbia Aircraft Manufacturing (Previously the Lancair Company)) Models LC40-550FG, LC41-550FG, and LC42-550FG Airplanes
We are revising an earlier proposed airworthiness directive (AD) for the products listed above. That NPRM proposed to retain the inspection requirements of AD 2009-09-09 and add a terminating action for the repetitive inspection requirements. That NPRM resulted from the manufacturer developing a modification that, when incorporated, would terminate the repetitive inspections required by AD 2009-09-09. Since we issued the earlier NPRM, the manufacturer revised the service information to include additional airplane serial numbers into the Effectivity section and revised the modification kit instructions. This action revises that NPRM by adding airplanes to the Applicability section and incorporating new service information. We are proposing this supplemental NPRM to retain the inspection requirements of AD 2009-09-09 and add a terminating action for the repetitive inspection requirements using the revised service information. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Waybill Data Released in Three-Benchmark Rail Rate Proceedings
The Board is republishing its April 2, 2010 proposal to amend its rules with respect to the Three-Benchmark methodology used to adjudicate simplified rate case complaints, to include an expanded discussion of its rationale and regulatory objectives. This proposal provides for release to the parties to a Three-Benchmark proceeding of the unmasked Waybill Sample data of the defendant carrier for the 4 years that correspond with the most recently published Revenue Shortfall Allocation Method (RSAM) figures. The parties would then use the released Waybill Sample data to form their traffic comparison groups. The Board seeks comments concerning the amount of data that would be available under the proposed rule, and the proposal that the parties would be permitted to draw from all 4 years of waybill data to form their comparison groups.
Information Collection Activities
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requests (ICR) abstracted below will be forwarded to the Office of Management and Budget (OMB) for review and comments. The ICRs describe the nature of the information collections and their expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on these collections of information was published in the Federal Register on August 20, 2010 [75 FR 51520] under Docket No. PHMS-2010-0178 (Notice No. 10-3).
The Future of Aviation Advisory Committee (FAAC) Subcommittee on Financing; Notice of Meeting
The Department of Transportation, Office of the Secretary of Transportation, announces a meeting of the FAAC Subcommittee on Financing, which will be held at the offices of the General Aviation Manufacturers Association, in Washington, DC. This notice announces the date, time, and location of the meeting, which will be open to the public. The purpose of the FAAC is to provide advice and recommendations to the Secretary of Transportation to ensure the competitiveness of the U.S. aviation industry and its capability to manage effectively the evolving transportation needs, challenges, and opportunities of the global economy. The Subcommittee on Financing will address the need for a stable, secure, and sufficient level of funding for our aviation system and make recommendations to the Secretary for action. This is the fifth meeting of the subcommittee.
Review of Commodity, Boxcar, and TOFC/COFC Exemptions
The Surface Transportation Board (Board) will hold a public hearing beginning at 9:30 a.m. on December 9, 2010, in the Hearing Room on the first floor of the Board's headquarters in Washington, DC. The purpose of the public hearing will be to review certain categorical exemptions from regulation under 49 U.S.C. 10502, specifically the commodity exemptions under 49 CFR 1039.10 and 1039.11, the boxcar exemptions under 49 CFR 1039.14, and trailer-on-flatcar/container-on- flatcar (TOFC/COFC) exemptions under 49 CFR part 1090. Persons wishing to speak at the hearing should notify the Board in writing.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection(s): Verification of Authenticity of Foreign License, Rating and Medical Certification
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. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published on July 30, 2010, vol. 75, no. 146, page 45007. The information is used to identify airmen to allow the agency to verify their foreign license being used to qualify for a US certificate. Respondents are holders of foreign licenses wishing to obtain U.S. certificates.
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.
Proposed Amendment of Class E Airspace; Savannah, TN
This action proposes to amend Class E Airspace at Savannah, TN, as the Pinhook Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Savannah-Hardin County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Amendment and Revocation of Class E Airspace, Vero Beach, FL
This action proposes to amend Class E surface airspace, and airspace extending upward from 700 feet above the surface, and remove Class E airspace designated as an extension to Class D surface area at Vero Beach Municipal Airport, Vero Beach, FL. The Vero Beach Non- Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed for the airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Notice of Intent To Rule on Request To Release Airport Property at the Tri-Cities Regional Airport, Blountville, TN.
The Federal Aviation Administration is requesting public comment on the release of land at the Tri-Cities Regional Airport in the city of Blountville, Tennessee. This property, approximately 2.413 acres in Tract 45 and .0324 acres in Tract 65, will change to a non- aeronautical use. This action is taken under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).
Proposed Amendment to Class E Airspace; Rawlins, WY
This action proposes to modify Class E airspace at Rawlins, WY. Decommissioning of the Sinclair Non-Directional Radio Beacon (NDB) at Rawlins MunicipalAirport/Harvey Field, has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Fifteenth Plenary Meeting, RTCA Special Committee 205/EUROCAE WG 71: Software Considerations in Aeronautical Systems
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 205/EUROCAE WG 71: Software Considerations in Aeronautical Systems.
Proposed Establishment of Class E Airspace; Wolfeboro, NH
This action withdraws the NPRM published in the Federal Register on July 22, 2010 which proposed to establish Class E airspace at Huggins Hospital, Wolfeboro, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.
Establishment of Class E Airspace; Colebrook, NH
This action withdraws the NPRM published in the Federal Register on July 19, 2010, which proposed to establish Class E airspace at Upper Valley Connecticut Hospital, Colebrook, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.
Proposed Establishment of Class E Airspace; Lancaster, NH
This action withdraws the NPRM published in the Federal Register on July 22, 2010 which proposed to establish Class E airspace at Weeks Medical Center Heliport, Lancaster, NH. The NPRM is being withdrawn as a portion of the proposed airspace already exists. A new rulemaking will be forthcoming to correctly establish the new airspace.
Notice Regarding Consideration and Processing of Applications for Financial Assistance Under the Railroad Rehabilitation and Improvement Financing (RRIF) Program
By this document, FRA is issuing a technical correction to the notice published in the Federal Register on September 29, 2010 (75 FR 60165) regarding consideration and processing of applications for financial assistance under the RRIF Program.
Notice of Final Federal Agency Actions on Proposed Highway in Washington State
This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, US Highway 12, beginning near the town of Wallula and proceeding east to an area known as the Frenchtown Vicinity, in the County Walla Walla, State of Washington. Those actions grant licenses, permits, and approvals for the project.
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