Department of Transportation May 2012 – Federal Register Recent Federal Regulation Documents

The FAA is correcting the final flightcrew member duty and rest rule published on January 4, 2012. In that rule, the FAA amended its existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members operating certain domestic, flag, and supplemental operations. This document corrects the effective date and several errors in the codified text of the final flightcrew member duty and rest rule.

The MUTCD is incorporated in regulations, approved by the FHWA, and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel. The purpose of this final rule is to revise certain information relating to target compliance dates for traffic control devices. This final rule revises Table I-2 of the MUTCD by eliminating the compliance dates for 46 items (8 that had already expired and 38 that had future compliance dates) and extends and/or revises the dates for 4 items. The target compliance dates for 8 items that are deemed to be of critical safety importance will remain in effect. In addition, this final rule adds a new Option statement exempting existing historic street name signs within a locally identified historic district from the Standards and Guidance of Section 2D.43 regarding street sign color, letter size, and other design features, including retroreflectivity. Consistent with Executive Order 13563, and in particular its emphasis on burden-reduction and on retrospective analysis of existing rules, the changes adopted are intended to reduce the costs and impacts of compliance dates on State and local highway agencies and to streamline and simplify the information. The MUTCD, with these changes incorporated, is being designated as Revision 2 of the 2009 edition of the MUTCD.

The FAA is removing the provision describing an abbreviated taxi clearance. Previously, air traffic controllers issued abbreviated taxi instructions to aircraft en route to their assigned departure runway, which allowed pilots to cross all runways that intersected the taxi route to their departure runway. The FAA no longer uses these abbreviated taxi clearances and is removing the provision of the regulation that describes this clearance. This action aligns the regulation with current air traffic control practice and responds to the National Transportation Safety Board (NTSB) Safety Recommendation Numbers A-00- 67 and -68.

The Federal Transit Administration (FTA) as the federal lead agency, in cooperation with the Metropolitan Council, is issuing this notice of intent (NOI) to advise interested parties that it proposes to prepare a Supplemental Draft Environmental Impact Statement (SDEIS) for the Central Corridor Light Rail Transit (LRT) Project, located in Minneapolis and Saint Paul, Minnesota (Project). The Project is 10.9 miles long and consists of 23 Central Corridor Light Rail Transit (LRT) stations. The SDEIS will evaluate potential impacts on the loss of business revenue during construction of the Central Corridor LRT Project and will be prepared in accordance with the National Environmental Policy Act (NEPA), its implementing regulations, and provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

This action amends Class E airspace at Omaha, NE. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Eppley Airfield. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters, which requires inspecting the tail rotor (T/R) pylon for a loose or missing fastener, a crack, damage, or corrosion and adding an internal doubler to the aft shear deck tunnel assembly. This proposed AD is prompted by the discovery of cracks in T/R pylons. The proposed actions are intended to detect a loose or missing fastener, a crack, damage, or corrosion on the T/R pylon and, if present, to repair the T/R Pylon and install a doubler on the aft shear deck tunnel assembly or to replace the T/R pylon and install the doubler on the aft shear deck tunnel assembly to prevent failure of the T/R pylon or other T/R components, and subsequent loss of control of the helicopter.

This final rule rescinds the final rule published on April 5, 2010, entitled ``Electronic On-Board Recorders for Hours-of-Service Compliance'' and amended by a September 13, 2010, technical amendment. This action responds to a decision of the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule.

This action corrects an error in the legal description of a final rule; technical amendment, published in the Federal Register on April 11, 2012 that amends Class D airspace at Cocoa Beach, FL.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767-200 and -300 series airplanes. This AD was prompted by reports of multiple site damage cracks in the radial web lap and tear strap splices of the aft pressure bulkhead at station (STA) 1582 due to fatigue. This AD requires repetitive inspections for cracking of the aft pressure bulkhead at STA 1582, repair or replacement of any cracked bulkhead, and eventual replacement of the aft pressure bulkhead at STA 1582 with a new bulkhead. Accomplishing the replacement terminates the repetitive inspections required by this AD. We are issuing this AD to prevent fatigue cracking of the aft pressure bulkhead, which could result in rapid decompression of the airplane and possible damage or interference with the airplane control systems that penetrate the bulkhead, and consequent loss of controllability of the airplane.

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 November 16, 2011 (76 FR 71122-71123).

The Department of Transportation (the Department or DOT) is issuing an update to Departmental Order 5610.2(a) (Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). This Order updates the Department's original Environmental Justice Order, which was published April 15, 1997. The Order continues to be a key component of the Department's strategy to promote the principles of environmental justice in all Departmental programs, policies, and activities. DOT Order 5610.2(a) sets forth the DOT policy to consider environmental justice principles in all (DOT) programs, policies, and activities. It describes how the objectives of environmental justice will be integrated into planning and programming, rulemaking, and policy formulation. The Order sets forth steps to prevent disproportionately high and adverse effects to minority or low-income populations through Title VI analyses and environmental justice analyses conducted as part of Federal transportation planning and NEPA provisions. It also describes the specific measures to be taken to address instances of disproportionately high and adverse effects and sets forth relevant definitions. This updated Order reaffirms DOT's commitment to environmental justice and clarifies certain aspects of the original Order, including the definitions of ``minority'' populations in compliance with the Office of Management and Budget's (OMB) Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity of October 30, 1997. The revisions clarify the distinction between a Title VI analysis and an environmental justice analysis conducted as part of a NEPA review, and affirm the importance of considering environmental justice principles as part of early planning activities in order to avoid disproportionately high and adverse effects. The updated Order maintains the original Orders general framework and procedures and DOT's commitment to promoting the principles of environmental justice in all DOT programs, policies, and activities. This Order is effective upon its date of issuance.

The FAA assigned the Aviation Rulemaking Advisory Committee (ARAC) a continuing task to provide advice and recommendations to the FAA about implementing a process for prioritizing rulemaking projects. This task addresses, in part, one of the Department of Transportation's Future of Aviation Advisory Committee (FAAC) recommendations. This notice informs the public of a continuing ARAC activity and does not solicit membership for the existing Rulemaking Prioritization Working Group (RPWG).

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

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.

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 for full clearance an information collection that has been granted emergency clearance. The commercial air tour operational data provided to the FAA and NPS will be used by the agencies as background information useful in the development of air tour management plans and voluntary agreements for purposes of meeting the mandate of the National Parks Air Tour Management Act (NPATMA) of 2000.

The Federal Aviation Administration is requesting public comment on the Dunkirk Airport (DKK), Dunkirk, New York, Notice of Proposed Release from Aeronautical Use of approximately 2.666 +/- acres of airport property, to allow for non-aeronautical development. The 2.666 +/- acres of land are proposed to be transferred to the Town of Sheridan for use as public right-of-way for the relocation of Newell Road. The released lands will be exchanged for the 2.006 acres +/- of the existing Newell Road right-of-way currently owned by the Town of Sheridan. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Office of the Chautauqua County Executive and the FAA New York Airport District Office.

This action proposes to modify Class E airspace at Scammon Bay Airport, Scammon Bay, AK. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Scammon Bay Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

The Federal Transit Administration (FTA) annually publishes one or more notices apportioning funds appropriated by law. In some cases, if less than a full year of funds is available, FTA publishes multiple partial apportionment notices. This notice is the second notice announcing partial apportionment for programs funded with Fiscal Year (FY) 2012 contract authority because the current authorization of FTA's programs provides contract authority for the period October 1, 2011 through June 30, 2012.

As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) approval for the Waybill Compliance Survey. This information collection, which was previously approved but expired, 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.

The FHWA is issuing this notice to advise the public that a Tier 2 Environmental Impact Statement (EIS) will be prepared for proposed highway and light rail improvements in the SR 32 corridor between US 50 and IR 275 in Hamilton and Clermont Counties, Ohio.

Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. To ensure compliance by each State participating in the Pilot Program, 23 U.S.C. 327(g) mandates semiannual audits during each of the first 2 years of State participation. This final report presents the findings from the sixth FHWA audit of the California Department of Transportation (Caltrans) under the pilot program.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 717-200 airplanes. This proposed AD was prompted by multiple reports of cracks of overwing frames. This proposed AD would require repetitive inspections for cracking of the overwing frames, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct such cracking that could sever a frame, which may increase the loading of adjacent frames, and result in damage to the adjacent structure and consequent loss of structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Canada PT6A-38, -41, -42, -42A, -61, -64, -66, -66B, - 110, -112, -114, -114A, -121, -135, and -135A series turboprop engines. This AD requires removal from service of certain part manufacturer approval (PMA) replacement Timken Alcor Aerospace Technologies, Inc. (TAATI) first stage sun gears and planet gears installed in the reduction gearbox. This AD was prompted by failures of certain first stage sun gears manufactured by TAATI. We are issuing this AD to prevent failure of the sun gear and planet gears which will result in an engine in-flight shut down, possible uncontained engine failure, aircraft damage, and serious injuries.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A320-214 and-232 airplanes. This proposed AD was prompted by reports that medium-head fasteners were installed in lieu of shear-head fasteners on a certain upper panel which manufacturer fatigue and damage tolerance analyses demonstrated could have an affect on panel fatigue life. This proposed AD would require repetitive inspections for cracking of certain fasteners, and repairs if necessary. We are proposing this AD to detect and correct cracking which could result in the loss of structural integrity of the airplane.

In accordance with the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), Council on Environmental Quality NEPA implementing regulations (40 Code of Federal Regulations parts 1500 to 1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of the Final EA and FONSI for the Launch and Reentry of SpaceShipTwo Reusable Suborbital Rockets at the Mojave Air and Space Port. The Final EA was prepared to analyze the potential environmental impacts of issuing experimental permits and/or launch licenses to operate SpaceShipTwo reusable suborbital rockets and WhiteKnightTwo carrier aircraft at the Mojave Air and Space Port in Mojave, California. Under the Proposed Action, the FAA would issue experimental permits and/or launch licenses to multiple operators for the operation of SpaceShipTwo and WhiteKnightTwo at the Mojave Air and Space Port. Both WhiteKnightTwo and SpaceShipTwo would be piloted during operations. The Mojave Air and Space Port comprises an area of approximately 3,000 acres in Kern County, California, and is east of the unincorporated town of Mojave. The Final EA addresses the potential environmental impacts of implementing the Proposed Action and the No Action Alternative of not issuing an experimental permit and/or launch license for the operation of SpaceShipTwo and WhiteKnightTwo at the Mojave Air and Space Port. The FAA has posted the Final EA and FONSI on the FAA/AST Web site: https://www.faa.gov/about/officeorg/headquartersoffices/ast/ environmental/review/permits/. A paper copy of the Final EA and FONSI may be reviewed during regular business hours at the following locations: Edwards AFB Base Library, 95 SPTG/SVMG, 5 West Yeager Blvd., Building 2665, Edwards AFB, CA 93524-1295. Kern County Library, Boron Branch, 26967 20 Mule Team Road, Boron, CA 93516. Kern County Library, California City Branch, 9507 California City Boulevard, California City, CA 93505. Kern County Library, Kernville Branch, 48 Tobias Street, Kernville, CA 93238. Kern County Library, Mojave Branch, 16916-1/2 Highway 14, Mojave, CA 93501. Kern County Library, Ridgecrest Branch, 131 East Las Flores Avenue, Ridgecrest, CA 93555. Kern County Library, Tehachapi Branch, 450 West F Street, Tehachapi, CA 93561. Kern County Library, Wofford Heights Branch, 6400-B Wofford Boulevard, Wofford Heights, CA 93285. Kern River Valley Library, 7054 Lake Isabella Boulevard, Lake Isabella, CA 93240. Kern River Valley Library, Wanda Kirk Branch (Rosamond), 3611 Rosamond Boulevard, Rosamond, CA 93560. Additional Information: Under the Proposed Action, the FAA would issue experimental permits and/or launch licenses for the operation of SpaceShipTwo and WhiteKnightTwo at the Mojave Air and Space Port in Mojave, CA. The Proposed Action does not include any construction activities. The Mojave Air and Space Port's existing infrastructure would be used for takeoff and landing activities. Experimental permits would be valid for one year. Launch licenses would be valid for two years. The FAA could renew experimental permits and launch licenses if requested, in writing, by the permitees at least 60 days before the permit expires, and/or by the licensees at least 90 days before the license expires. The Final EA assumes that the FAA could issue either new or renewed experimental permits and/or launch licenses. For purposes of analyzing environmental impacts in the Final EA, the FAA developed a conservative set of assumptions regarding the possible number of launches and reentries that could be conducted under any one experimental permit and/or launch license for the SpaceShipTwo at the Mojave Air and Space Port. The FAA has assumed a maximum of up to 30 total launches and reentries per year of SpaceShipTwo for a total of up to 150 launches and reentries of SpaceShipTwo between 2012 and 2016. This estimation is a conservative number and considers potential multiple launches per day and potential launch aborts. The only alternative to the Proposed Action analyzed in the Final EA is the No Action Alternative. Under the No Action Alternative, the FAA would not issue experimental permits and/or launch licenses for the operation of SpaceShipTwo and WhiteKnightTwo from the Mojave Air and Space Port. Existing operations at Mojave Air and Space Port would continue. The resource areas considered in the Final EA include air quality; biological resources (including fish, wildlife, and plants); historical, architectural, archaeological, and cultural resources; hazardous materials, pollution prevention, and solid waste; health and safety; land use (including Department of Transportation Section 4(f) properties); light emissions and visual resources; noise and compatible land use; socioeconomic resources, environmental justice, and children's environmental health and safety; and cumulative impacts.