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

We propose to adopt a new airworthiness directive (AD) for all GA200 (Pty) Ltd Models GA200 and GA200C airplanes that would revise 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 failure of the wing strut bolt through the main spar. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

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.

EPA and NHTSA, on behalf of the Department of Transportation, are issuing final rules to further reduce greenhouse gas emissions and improve fuel economy for light-duty vehicles for model years 2017 and beyond. On May 21, 2010, President Obama issued a Presidential Memorandum requesting that NHTSA and EPA develop through notice and comment rulemaking a coordinated National Program to improve fuel economy and reduce greenhouse gas emissions of light-duty vehicles for model years 2017-2025, building on the success of the first phase of the National Program for these vehicles for model years 2012-2016. This final rule, consistent with the President's request, responds to the country's critical need to address global climate change and to reduce oil consumption. NHTSA is finalizing Corporate Average Fuel Economy standards for model years 2017-2021 and issuing augural standards for model years 2022-2025 under the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act. NHTSA will set final standards for model years 2022-2025 in a future rulemaking. EPA is finalizing greenhouse gas emissions standards for model years 2017- 2025 under the Clean Air Act. These standards apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, and represent the continuation of a harmonized and consistent National Program. Under the National Program automobile manufacturers will be able to continue building a single light-duty national fleet that satisfies all requirements under both programs while ensuring that consumers still have a full range of vehicle choices that are available today. EPA is also finalizing minor changes to the regulations applicable to model years 2012-2016, with respect to air conditioner performance, nitrous oxides measurement, off-cycle technology credits, and police and emergency vehicles.

The Surface Transportation Board seeks comments from the public addressing the recent discovery that Berkshire Hathaway Inc. (Berkshire), owned or controlled CBEC Railway (CBEC) and White City Terminal Union Railway (WCTU) when it acquired BNSF Railway Company (BNSF) in February 2010, thus subjecting Berkshire's acquisition of BNSF to the Board's jurisdiction pursuant to 49 U.S.C. 11323. Specifically, the Board seeks comments addressing the effect, if any, of this discovery on the post-February 2010 valuation of BNSF's asset base.

The FAA is correcting a final rule; technical amendment published on December 16, 2011 (76 FR 78141). This final rule; technical amendment was originally published to correct a final rule published on August 21, 2009 (74 FR 42500). In that original final rule, the FAA amended its regulations to revise the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. A portion of the codified text was inadvertently deleted and this document corrects that error.

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 various proposed highway projects in Tarrant, Dallas and Denton Counties, Texas. Those actions grant licenses, permits, and approvals for the projects.

PHMSA is issuing this Advisory Bulletin to remind operators of gas, hazardous liquid, and liquefied natural gas pipeline facilities that operators should immediately and directly notify the Public Safety Access Point (PSAP) that serves the communities and jurisdictions in which those pipelines are located when there are indications of a pipeline facility emergency. Furthermore, operators should have the ability to immediately contact PSAP(s) along their pipeline routes if there is an indication of a pipeline facility emergency to determine if the PSAP has information which may help the operator confirm an emergency or to provide assistance and information to public safety personnel who may be responding to the event.

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, Willow Road (FAP 305) between Illinois Route 43 (Waukegan Road) and Interstate 94 (Edens Expressway) in Cook County, Illinois. Those actions grant licenses, permits, and approvals for the project.

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 the proposed State Route 11 and Otay Mesa East Land Port of Entry in the City and County of San Diego, State of California. These actions grant licenses, permits, and approvals for the project.

We propose to supersede two existing airworthiness directives (AD) that apply to certain The Boeing Company Model 737-100, -200, - 200C, -300, -400, and -500 series airplanes. The existing AD, for certain Model 737-100, -200, and -200C series airplanes currently requires repetitive inspections of the aft end of each inboard flap track of the wing outboard flap, and corrective actions, if necessary. The existing AD, for certain Model 737-100, -200, -200C, -300, -400, and -500 series airplanes requires repetitive inspections for cracks in the upper flange of the inboard track at the rear spar attachments of each outboard flap, and corrective action, if necessary. That AD also requires, for certain airplanes, repetitive inspections for discrepancies of the rear spar attachments and cracks in the upper flange of the inboard track at the rear spar attachment of each outboard flap, and eventual rework of the flap track assembly and rear spar attachments, including replacement of the flap track with a new track, if necessary. Since we issued those ADs, we have received reports that the work sequence and procedures used during track installation could also cause loose or cracked tracks. This proposed AD would require an inspection for damage and stop-drill repairs along the flap track; an inspection for damage, cracking, and stop-drill repairs along the track webs; and an inspection for damage of the flap track web and flanges, and corrective actions if necessary. This proposed AD would also require, for certain airplanes, an inspection for signs of movement between the tapered shim and anti-fret strip, installation of the anti-fret strip, and corrosion of the tapered shim and anti-fret strip; an inspection for signs of movement, cracks and corrosion where the track is attached to the wing rear spar; an inspection for cracking of the outboard edge of the track; an inspection for cracking of the inner edge of the track; and related investigative and corrective actions if necessary. This proposed AD would also require repetitive overhauls of the flap track and repetitive post-overhaul inspections and corrective actions if necessary; an inspection to determine the part number of the flap track assembly, and replacement of affected parts if necessary; and would also add airplanes to the applicability. We are proposing this AD to detect and correct cracking and damage in the flap track, which could cause loss of the outboard trailing edge flap and consequent reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes; Model 737-100, -200, and -200C series airplanes; and Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300, -400, -400D, -400F, 747SR, and 747SP series airplanes. This proposed AD was prompted by a report of an activation of the control column shaker during takeoff. This proposed AD would require performing a general visual inspection to determine if a certain angle of attack (AOA) sensor with a paddle type vane is installed, and, for affected sensors, performing an operational test of the stall warning system, and replacing the AOA sensor with a new sensor if necessary. We are proposing this AD to prevent erroneous activation of the control column shaker during takeoff, which could result in runway overrun, failure to clear terrain or obstacles after takeoff, or reduced controllability of the airplane.

The Federal Aviation Administration is requesting public comment on the release of land at the McKellar-Sipes Regional Airport, in the city of Jackson, TN. This property, approximately 4.0 acres, will change to a non-aeronautical use. This action is taken under the provisions of 49 U.S.C. Section 47107(h)(2) requiring public notice before a waiver of property designated to be used for an aeronautical purpose is granted.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of chafing between the wire harness along the wing leading edge and the inboard end rib of the wing leading edge due to insufficient clearance. This AD requires inspecting the wire harness along the leading edge for chafing damage, and repair if necessary; and relocating and installing new anchor nuts. We are issuing this AD to detect and correct chafing damage to the wire harness along the wing leading edge, which if not corrected, could lead to the loss of the airframe de-icing system, and could become a possible ignition source causing fire.

FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on June 22, 2012. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

Pursuant to 40 CFR 1508.22 and 43 TAC Sec. 2.5(e)(2), the FHWA, Texas Department of Transportation (TxDOT), and Central Texas Regional Mobility Authority (Mobility Authority) are issuing this notice to advise the public that an environmental impact statement (EIS) will be prepared for a transportation project in Travis County, Texas. The proposed project would improve US 290 from State Loop 1 (SL1 [Mopac]) to Ranch-to-Market Road (RM) 1826, in Travis County, Texas, a distance of approximately 3.6 miles. The EIS will also include improvements to SH 71 from Silvermine Drive to US 290 in Travis County, a distance of approximately 1.2 miles.

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

This action establishes Class E airspace at Deer Lodge-City- County Airport, Deer Lodge, MT. Controlled airspace is necessary to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Deer Lodge-City-County Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

The Federal Transit Administration invites public comment about our intention to request the Office of Management and Budget's (OMB) approval to renew the following information collection: Transit Research, Development, Demonstration and Deployment Projects The information collected is necessary to determine eligibility of applicants and ensure mass transportation service at a minimum cost. The Federal Register notice with a 60-day comment period soliciting comments was published on July 9, 2012 (Citation 77 FR 40409). No comments were received from that notice.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the Bolton Field Airport from aeronautical use to non-aeronautical use and to authorize the sale of the airport property. The proposal consists of the sale of unimproved land owned by the Columbus Regional Airport Authority (CRAA) for use as an office/warehouse/distribution facility. The CRAA has requested from FAA a ``Release from Federal agreement obligated land covenants'' to sell 60.282 acres of property acquired by the CRAA with Federal funding under Grant Number 8-39-0026-01. The above mentioned land is not needed for aeronautical use, as shown on the Airport Layout Plan. There are no impacts to the airport by allowing the CRAA to dispose of the property. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the 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. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

Pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21), the Department of Transportation (DOT) announced the availability of funding authorized for distracted driving grants on August 24, 2012. In this notice, DOT is extending the application submission deadline announced in the notice of availability of funding to February 28, 2013.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, and -200C series airplanes. This AD was prompted by a report of a severed upper butt strap, and cracks in the forward skin and bonded doubler, on one airplane. This AD requires repetitive inspections for cracks and a chemical spot test in the area of station (STA) 908, and related investigative and corrective actions, if necessary. For certain airplanes, this AD requires an inspection and modification. We are issuing this AD to prevent cracks at the adjacent mating skins (forward and aft), which could initiate just above stringers S-4R and S-4L; and could grow and result in a decompression event.

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.