Department of Transportation August 2010 – Federal Register Recent Federal Regulation Documents

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 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.

FMCSA announces its decision to exempt twenty individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

These special conditions are issued for the Erickson Air-Crane Incorporated (Erickson Air-Crane) model S-64E and S-64F rotorcraft. These rotorcraft have novel or unusual design features associated with being transport category rotorcraft designed only for use in heavy external-load operations. At the time of original type certification, a special condition was issued for each model helicopter because the applicable airworthiness regulations did not contain adequate or appropriate safety standards for turbine-engine rotorcraft or for rotorcraft with a maximum gross weight over 20,000 pounds that were designed solely to perform external load-operations. At the request of Erickson Air-Crane, the current type certificate (TC) holder for these helicopter models, the following will resolve reported difficulty in applying the existing special conditions and eliminate any confusion that has occurred in Erickson's dealings with a foreign authority. Specifically, we are consolidating the separate special conditions for each model helicopter into one special condition to clarify and more specifically reference certain special condition requirements to the regulatory requirements, to add an inadvertently omitted fire protection requirement, to recognize that occupants may be permitted in the two observer seats and the rear-facing operator seat during other than external-load operations, and to clarify the requirements relating to operations within 5 minutes of a suitable landing area. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This action proposes to establish Class E airspace at Kalaupapa, HI, to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Kalaupapa Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

On February 14, 2006, the National Highway Traffic Safety Administration (NHTSA) granted in full Ford Motor Company's (Ford) petition for an exemption in accordance with Sec. 543.9(c)(2) of 49 CFR part 543, Exemption from the Theft Prevention Standard for the Ford Focus vehicle line beginning with model year (MY 2006). On June 18, 2010, Ford submitted a petition to modify its previously approved exemption for the Ford Focus vehicle line beginning with model year (MY) 2012. NHTSA is granting Ford's petition to modify the exemption in full because it has determined that the modified device is also likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.

This action extends the comment period for an NPRM that was published on June 29, 2010. In that document, the FAA proposed to amend the airworthiness standards applicable to certain transport category airplanes certified for flight in icing conditions and the icing airworthiness standards applicable to certain aircraft engines. The

This document proposes to increase the maximum civil penalty amounts for violations covering a related series of violations of the Vehicle Safety Act and violations of the odometer standard with intent to defraud. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years.

In accordance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347 (as amended), Council on Environmental Quality NEPA implementing regulations (40 Code of Federal Regulations (CFR) parts 1500 to 1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of a FONSI/ROD, based on the analysis and findings of the National Aeronautics and Space Administration's (NASA) August 2009 Environmental Assessment for the Expansion of the Wallops Flight Facility Launch Range (the EA). The FAA (Office of Commercial Space Transportation) participated as a cooperating agency with NASA in the preparation of the EA, which evaluates the potential environmental impacts of the proposed expansion of the Mid-Atlantic Regional Spaceport (MARS) at NASA's Goddard Space Flight Center Wallops Flight Facility (WFF). As the MARS expansion would require Federal actions (as defined in 40 CFR Section 1508.18) involving both NASA and the FAA, the EA was prepared to satisfy the NEPA obligations of both agencies. NASA, as the WFF property owner and lead agency, is responsible for ensuring overall compliance with applicable environmental statutes, including NEPA. The FAA served as a cooperating agency in the preparation of the EA because of its role in (1) licensing the Virginia Commercial Space Flight Authority (VCSFA) which operates MARS as a commercial launch site and (2) issuing licenses or permits to operate commercial launch and reentry vehicles at MARS. The FAA has formally adopted the EA and is using the FONSI/ROD to support the modification or renewal of VCSFA's Launch Site Operator License and issuance of licenses or experimental permits for commercial launch and reentry vehicles at MARS.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 219: Attitude and Heading Reference System (AHRS).

The U.S. Department of Transportation is providing notice that it intends to hold a Distracted Driving Summit (The Summit) to exchange information and ideas on the best possible methods to reduce the number of crashes and deaths due to distracted driving.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2010-0072 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the

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:

We are adopting a new airworthiness directive (AD) for certain Model 777-200LR and -300ER series airplanes equipped with GE90-100 series engines. This AD requires replacing the insulation blanket fasteners of the lower aft cowl of the thrust reverser. This AD also requires inspecting the oil scavenge tube on the turbine rear frame of the engine for damage, and replacement if necessary. This AD results from a determination of insufficient clearance and subsequent interference between the oil scavenge tube on the turbine rear frame of the engine and the bolt on the aft cowl insulation blanket of the thrust reverser. We are issuing this AD to prevent damage and possible puncture of the oil scavenge tube and consequent oil loss, which could result in an in-flight shutdown of the engine.

On October 28, 2009, the President of the United States signed the 2010 National Defense Authorization Act (NDAA). Section 3515 of the NDAA, titled America's Short Sea Transportation Grants for the Development of Marine Highways, amended Section 55601 of the 2007 Energy Independence and Security Act, titled Short Sea Transportation Program. Section 3515 of the NDAA directs the Secretary of Transportation (Secretary) to establish and implement a short sea transportation grant program to implement projects or components of a project designated under subsection (d) of Section 55601.

The FAA has made available the final EA and FONSI/ROD for the proposed relocation of the Bowman County Airport. The EA was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, FAA Orders 1050.1E, ``Environmental Impacts: Policies and Procedures'' and FAA Order 5050.4B, ``NEPA Implementing Instructions for Airport Actions.''

In response to a petition filed by the San Luis & Rio Grande Railroad (SLRG), the Board is instituting a declaratory order proceeding under 5 U.S.C. 554(e) and 49 U.S.C. 721 to determine whether the Board's jurisdiction preempts the land use code of Conejos County, Colo. (County) that might otherwise apply to SLRG's proposed operation of a containerized truck-to-rail solid waste transload facility at Antonito, Colo. No responses to the petition have been filed. As discussed below, the Board will provide SLRG an opportunity to supplement its filing and will seek public comments in response, with a particular focus on, but not limited to, issues related to the Clean Railroads Act of 2008, 49 U.S.C. 10501(c)(2), 10908-10910 (CRA).

We propose to adopt a new airworthiness directive (AD) for certain Model 767-300 series airplanes. This proposed AD would require repetitive inspections for cracks in the fuselage skin and backup structure at the lower very high frequency (VHF) antenna cutout at station 1197 + 99 between stringers 39L and 39R, and corrective actions if necessary. Certain repairs would terminate certain inspection requirements. This proposed AD results from reports of cracking found in the section 46 fuselage lower skin around the periphery of the VHF antenna baseplate at station 1197 + 99. We are proposing this AD to detect and correct fatigue cracks in the fuselage skin and internal backup structure, which could result in rapid decompression of the airplane.

We propose to supersede an existing airworthiness directive (AD) for ECD Model MBB-BK 117 C-2 helicopters. This proposed AD 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 proposed actions are intended to prevent separation of dynamic weights, severe vibration, and subsequent loss of control of the helicopter.

This document notifies the public of the Office of Management and Budget's (OMB's) approval of the information collection requirement contained in the FAA's final rule, ``Automatic Dependent Surveillance- Broadcast (ADS-B) Out Performance Requirements To Support Air Traffic Control (ATC) Service,'' which was published on May 28, 2010.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Gulf Coast Airways, Inc., fit, willing, and able, and awarding it commuter air carrier authority to conduct scheduled commuter service.

PHMSA is amending the Federal pipeline safety regulations to incorporate by reference all or parts of 40 new editions of voluntary consensus technical standards. This action allows pipeline operators to use current technologies, improved materials, and updated industry and management practices. Additionally, PHMSA is clarifying certain regulatory provisions and making several editorial corrections. These amendments do not require pipeline operators to take on any significant new pipeline safety initiatives.

This action establishes 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 also makes a minor adjustment to the geographic coordinates of the airport.