Department of Transportation 2010 – Federal Register Recent Federal Regulation Documents

This notice announces actions taken by the FHWA, USACE, 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 to widen State Route 99 from the existing four-lane facility to six lanes from the Austin Road interchange in the City of Manteca (post mile 4.9) to the Arch Road interchange in the City of Stockton (post mile 15.0), in San Joaquin County, State of California. Those actions grant licenses, permits, and approvals for the project.

PHMSA proposes to amend requirements in the Hazardous Materials Regulations to enhance the integrity of inner packagings or receptacles of combination packagings containing liquid hazardous material by ensuring they remain intact when subjected to the reduced pressure and other forces encountered in air transportation. In order to substantially decrease the likelihood of a hazardous materials release, the proposed amendments: prescribe specific test protocols and standards for determining whether an inner packaging or receptacle is capable of meeting the pressure differential requirements specified in the regulations and, consistent with the 2011-2012 edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Aircraft (ICAO Technical Instructions), require the closures on all inner packagings containing liquids within a combination packaging to be secured by a secondary means or, under certain circumstances, permit the use of a liner.

Under this Notice, the FRA is soliciting applications from interested and responsible parties for two grants: (1) To conduct a Locomotive Biofuel Study, and (2) to conduct a Study of the Use of Bio- based Technologies (Lubricants) that can be used in locomotives, rolling stock and other rail equipment.

The FAA is issuing this notice to advise the public that a Record of Decision (ROD), resulting from an Environmental Impact Statement (EIS) has been prepared for a New Bedford Regional Airport, New Bedford, Massachusetts.

The Hiring Incentives to Restore Employment Act, (Pub. L. 111- 147), signed into the law by President Obama on March 18, 2010, authorized funds for all of the surface transportation programs of the U.S. Department of Transportation (DOT) for the remainder of the Fiscal Year (FY) ending September 30, 2010, and the first quarter of FY 2011. This Notice supplements the February 18, 2009 Federal Register notice to apportion the full amount of FY 2010 formula funds. In addition, this Notice revises the Job Access and Reverse Commute (JARC) and Alternatives Analysis program carryover tables, Small Transit Intensive Cities (STIC) performance data and Apportionments table, and Bus and Bus Facilities Extensions and Reprogramming table, and allocates the remaining FY 2010 funds made available to congressionally designated projects under the Alternative Analysis program.

The Federal Transit Administration (FTA) announces the availability of approximately $24.5 million in discretionary Fiscal Year (FY) 2010 Paul S. Sarbanes Transit in Parks Program (Transit in Parks Program) funds. This notice solicits proposals to compete for FY 2010 funds under the program, which was established by Section 3021 of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy For Users (SAFETEA-LU), as amended (49 U.S.C. 5320). The program is administered by FTA in partnership with U.S. Department of Interior (DOI) and the U.S. Department of Agriculture's Forest Service.

This document proposes adopting a new airworthiness directive (AD) for the Sikorsky Model S-70A and S-70C helicopters. This proposal would require an ultrasonic test (UT) inspection of the tail gearbox output bevel gear (gear) for a crack. If you find a crack, replacing the gear with an airworthy gear before further flight would be required. This proposal is prompted by three gear cracking incidents, one of which resulted in the tail rotor separating from the helicopter. The actions specified by this proposed AD are intended to detect a crack in the gear to prevent a tail rotor separating, loss of tail rotor control, and subsequent loss of control of the helicopter.

DOT proposes to modify a system of records under the Privacy Act of 1974. The system is FMCSA's National Consumer Complaint Database (NCCDB), which is being modified to reflect: (1) The new name; (2) changes to the system location; (3) additions to the categories of individuals; (4) reduction in the categories of records; (5) additions to the categories of records; (6) clarity to the purpose of the system. This system would not duplicate any other DOT system of records.

We are adopting a new airworthiness directive (AD) for the products listed above that supersedes an existing AD. 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 adopts a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-76A, B, and C helicopters that requires inspecting each installed Woodward HRT (formerly HR Textron) main rotor servo actuator (servo actuator) for a high rate of leakage and replacing each affected servo actuator with a servo actuator containing a newly re-designed servo actuator piston. This amendment is prompted by a National Transportation Safety Board (NTSB) Safety Recommendation issued in response to an accident involving a Model S-76C helicopter. In the NTSB Safety Recommendation, the performance of a servo actuator piston upon reaching 3,000 hours time-in-service (TIS) was questioned as a result of piston head seal leakage and piston head plasma spray flaking. The actions specified by this AD are intended to prevent degraded servo actuator performance as a result of piston head seal leaking and plasma spray flaking, which could result in subsequent loss of control of the helicopter.

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 (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.

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.

Section 207 of the Passenger Rail Investment and Improvement Act of 2008 (Division B of Pub. L. 110-432) (PRIIA) charged the Federal Railroad Administration (FRA) and Amtrak jointly and in consultation with other parties, with developing new or improving existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations. In compliance with the statute, the FRA and Amtrak jointly drafted performance metrics and standards for intercity passenger rail service and, on March 13, 2009, posted a draft document, entitled ``Proposed Metrics and Standards for Intercity Passenger Rail Service,'' on the FRA's Web site. Simultaneously, the FRA published a notice in the Federal Register (74 FR 10983) requesting comments on the Proposed Metrics and Standards from the Surface Transportation Board, rail carriers over whose rail lines Amtrak trains operate, States, Amtrak employees, nonprofit employee organizations representing Amtrak employees, and groups representing Amtrak passengers. Seventeen comments were submitted to the corresponding docket (number FRA-2009-0016) at regulations.gov by the end of the comment period on March 27, 2009 and as a result, the FRA and Amtrak have jointly made, and are jointly issuing, revisions to the Metrics and Standards. The final version of the Metrics and Standards is posted on the FRA's Web site at https://www.fra.dot.gov/us/ content/2165.

The Department of Transportation, Office of the Secretary of Transportation, announces the first meeting of the FAAC which will be held in the Metropolitan Washington, DC area. This notice announces the date, time and location of the meeting, which will be open to the public. The purpose of 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.

This action proposes to establish Class E Airspace at Williamson, WV, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Mingo County Regional. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 203: Unmanned Aircraft Systems.

The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for transportation improvements in the planned West Waukesha Bypass corridor in Waukesha County, Wisconsin. The EIS is being prepared in conformance with 40 CFR part 1500 and FHWA regulations.

On January 12, 2010, the nation of Haiti was hit by a devastating earthquake near the heaviest populated part of the country, its capital, Port-au-Prince. Within hours, there was a significant increase in the volume of air traffic in the area as the world responded with many types of emergency relief and assistance. Since the FAA is the International Civil Aviation Organization-designated provider of air navigation services in much of the Caribbean just north of Haiti and north and east of the Dominican Republic, many of these humanitarian flights go through U.S.-controlled airspace and incur charges by the FAA (known as ``Overflight Fees'') for the air navigation services provided. This Notice advises all concerned of the determination by the FAA to exclude temporarily from its Overflight Fee bills any charges for humanitarian flights responding to the earthquake in Haiti.

The FAA Small Airplane Directorate is issuing this notice to advise the public of a meeting to discuss ideas for future policy and rulemaking for small airplanes. We are attempting to determine the adequacy of the current airworthiness standards thoughout a small airplane's service life while anticipating future requirements. The outcome could affect the next 20 years of small airplane design, certification, and operations.

The Secretary and the FAA are granting, subject to conditions, the joint waiver request of Delta Air Lines and US Airways from the prohibition on purchasing operating authorizations (``slots'' or ``slot interests'') at LaGuardia Airport (LGA). The grant permits the carriers to consummate a transaction in which Delta would transfer 42 pairs of slot interests to US Airways at Ronald Reagan Washington National Airport (DCA), international route authorities to S[atilde]o Paulo and Tokyo; and terminal space at the Marine Air Terminal at LGA. US Airways would transfer 125 pairs of slot interests to Delta at LGA, and would lease an additional 15 pairs of LGA slot interests with a purchase option, together with terminal space in LGA's Terminal C. The grant is subject to the conditions that the carriers dispose of 14 pairs of slot interests at DCA and 20 pairs of slot interests at LGA to eligible new entrant and limited incumbent carriers, pursuant to procedures set out in this Notice, and achieve a mutually satisfactory agreement regarding gates and associated facilities with any such purchaser.

The Department of Transportation is proposing only to extend the date for the mandatory use of our recently updated Alcohol Testing Form (ATF) to January 1, 2011. The revised ATF went into effect on February 25, 2010 with a mandatory use date of August 1, 2010. After publishing the February 25 revisions, we learned that vendors and users of the ATF will not be able to deplete their current supply of ATFs by August 1, 2010. Therefore, in order to assist the transportation industries and their service agents in their efforts to be economically efficient and more environmentally ``green,'' we are seeking public comment to extend the mandatory use date to January 1, 2011.

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: During ground maneuvering, prolonged operation with either engine in the restricted range between 82% and 90% RPM [revolutions per minute] will result in damage [e.g., cracking of the blade or hub] to the propeller assembly that could eventually result in the release of a propeller blade. EASA AD 2007- 0268 [which corresponds to FAA AD 2008-13-02] was issued to require the installation of a Propeller Warning Placard and implementation of a corresponding Aircraft Flight Manual (AFM) limitation instructing the flight crew to taxi with the condition lever at FLIGHT in order to minimise the time spent by the engines in the restricted range. BAE Systems has now developed a Propeller Speed Warning System.