Department of Transportation November 4, 2010 – Federal Register Recent Federal Regulation Documents

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, Red Gate Road Extension and Bridge Crossing over the Fox River between Illinois Route 31 and Illinois Route 25 in Kane County, Illinois. Those actions grant licenses, permits, and approvals for the project.

The Federal Aviation Administration is requesting public comment on request by the Louisville Regional Airport Authority to change a portion of airport property from aeronautical to non- aeronautical use at the Louisville International Airport, Louisville, Kentucky. The request consists approximately of 1.773 acres of fee simple release. 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).

The Department of Transportation (DOT), Office of the Secretary of Transportation, announces a meeting of the FAAC Environment Subcommittee, which will be held by teleconference. This notice announces the date and time 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 Environment Subcommittee is charged with examining steps and strategies that can be taken by aviation-sector stakeholders and the Federal Government to reduce aviation's environmental footprint and foster sustainability gains in cost-effective ways. This includes consideration of potential approaches to promote effective international actions through the International Civil Aviation Organization.

The FAA is issuing this notice to advise the public that a new charter has been issued for the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATPAC). The duties of this advisory committee include: 1. To make recommendations for standardizing, clarifying, and upgrading terminology and procedures, as a result of its review of present ATC procedures and practices. 2. To provide advice and make recommendations concerning: a. New or significantly revised ATC procedural concepts. b. The adequacy of charts, diagrams, and illustrations used to convey information concerning the application of ATC procedures and their relevance to current, revised, or proposed ATC procedures and concepts. c. Aviation regulations that have an impact on present, new, or significantly revised ATC procedures and concepts. 3. To act solely in an advisory capacity to accomplish its duties.

The Maritime Administration (MARAD) is withdrawing and terminating its notice published in the Federal Register on November 14, 2007, at 72 FR 64109, which requested comments on what standards MARAD should apply concerning determinations of foreign reconstruction of U.S.-built vessels that participate in the Capital Construction Fund (CCF) program and foreign rebuilding of U.S.-built vessels that participate in the cargo preference program. Initially, when the notice was published, it was considered useful to obtain public comment on whether MARAD should issue regulations on standards applicable to determination of rebuilding or reconstruction. At the time the notice was published, the Coast Guard's approach to rebuilding was an unsettled area of law and a particular issue had arisen with regard to MARAD's method of determination in a foreign rebuild context. That matter was resolved and in December 2009, the Coast Guard's method of carrying out rebuilding determinations was affirmed by the United States Court of Appeals for the Fourth Circuit. Likewise, MARAD's approach to such determinations had been affirmed by the United States Court of Appeals for the Second Circuit. Even though the standards are different as applied regarding the cargo preference program, the two approaches would only rarely produce a different result. Furthermore, because they are generally applied in different circumstances, they even more rarely produce inconsistent results regarding the same vessel. MARAD has been requested to make a determination only twice in the last fifteen years. Therefore, a new rule is not required.

This action amends Class E Airspace at Charleston, SC, by removing the East Cooper Airport from the airspace description. The East Cooper Airport has been renamed Mt. Pleasant Regional Airport- Faison Field, Mt. Pleasant, SC, and established under separate rulemaking. This amendment is necessary for the safe navigation of our National Airspace System.