Department of Transportation 2010 – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to approve the following information collection: Survey of FTA Stakeholders.

On May 21, 2010, President Obama issued a Presidential Memorandum requesting that the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA), on behalf of the Department of Transportation, develop, through notice and comment rulemaking, a coordinated National Program under the Clean Air Act (CAA) and the Energy Policy and Conservation Act (EPCA), as amended by the Energy Independence and Security Act (EISA), to improve fuel economy and to reduce greenhouse gas emissions of light-duty vehicles for model years 2017-2025. President Obama requested that the agencies issue a Notice of Intent (NOI) to issue a proposed rulemaking that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles for model year 2017 and beyond. On September 30, 2010, the agencies issued the requested Notice, which described the agencies' initial assessment of potential levels of stringency for a National Program for model years 2017-2025 (See 75 FR 62739 (Oct. 13, 2010). This Supplemental Notice highlights input on many of the key issues the agencies have received in response to the September NOI and the accompanying Interim Joint Technical Assessment (TAR) developed by EPA, NHTSA, and the California Air Resources Board, and also provides an overview of many of the key technical analyses the agencies have planned and are conducting to support the upcoming proposed rule.

The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2011, through December 31, 2011, will remain at 25 percent of safety- sensitive employees for random drug testing and 10 percent of safety- sensitive employees for random alcohol testing.

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 petitions or their final disposition.

The FRA is updating its announcement of RSAC's Working Group activities to reflect its current status.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require repetitively inspecting the elevator control tabs for discrepancies and, if any discrepancies are found, taking necessary corrective actions to bring all discrepancies within acceptable tolerances. This proposed AD results from an evaluation of revisions to the manufacturer's maintenance manual that adds new repetitive inspections of the elevator control tabs. To require compliance with these inspections for U.S. owners and operators we are proposing the inspections through the rulemaking process. We are proposing this AD to add new repetitive inspections of the elevator control tabs. If these inspections are not done, excessive free-play in the elevator control tabs could develop. This condition could lead to loss of tab control linkage and severe elevator flutter. Such elevator flutter could lead to possible loss of control.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection under Office of Management and Budget (OMB) Control No. 2137-0618, titled ``Pipeline Safety: Periodic Underwater Inspection.'' PHMSA is preparing to request approval from OMB for a renewal of the current information collection.

The Federal Aviation Administration (FAA) announces its determination that the Noise Exposure Maps submitted by Naples Airport Authority for Naples Municipal Airport under the provisions of 49 U.S.C. 47501 et. seq (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements.

The Cameron Gulbransen Kids Transportation Safety Act of 2007 directs NHTSA to issue a final rule amending the agency's Federal motor vehicle safety standard on rearview mirrors to improve the ability of a driver to detect pedestrians in the area immediately behind his or her vehicle and thereby minimize the likelihood of a vehicle's striking a pedestrian while its driver is backing the vehicle. Pursuant to this mandate, NHTSA is proposing to expand the required field of view for all passenger cars, trucks, multipurpose passenger vehicles, buses, and low-speed vehicles rated at 10,000 pounds or less, gross vehicle weight. Specifically, NHTSA is proposing to specify an area immediately behind each vehicle that the driver must be able to see when the vehicle's transmission is in reverse. It appears that, in the near term, the only technology available with the ability to comply with this proposal would be a rear visibility system that includes a rear- mounted video camera and an in-vehicle visual display. Adoption of this proposal would significantly reduce fatalities and injuries caused by backover crashes involving children, persons with disabilities, the elderly, and other pedestrians. In light of the difficulty of effectively addressing of the backover safety problem through technologies other than camera systems and given the differences in the effectiveness and cost of the available technologies, we developed several alternatives that, compared to the proposal, offer less, but at least in one case still substantial, benefits and do so at reduced cost. We seek comment on those alternatives and on other possible ways to achieve the statutory objective and meet the statutory requirements at lower cost.

We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires changing the emergency open doors procedure by incorporation of a temporary revision into the FAA- approved airplane flight manual (AFM) for all airplanes. This AD also requires replacement of the passenger door retaining bracket with an improved design retaining bracket for certain airplanes. This AD was prompted by several reports of the rear passenger door departing the airplane in flight. We are issuing this AD to change the emergency open doors procedure and retrofit the rear passenger door retaining bracket, which if not corrected could result in the rear passenger door departing the airplane in flight.

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:

This notice announces actions taken by FHWA that are final within the meaning of 23 U.S.C. 139(1)(1). The actions relate to a proposed highway project, the WIS 23 Corridor Expansion Project, in the State of Wisconsin. Those actions grant approval for the project. The project will widen the existing two-lane roadway to four travel lanes with a median for an 18.6-mile segment of WIS 23 between US 151 and County P in Fond du Lac and Sheboygan Counties, Wisconsin. Specific actions include acquiring additional right-of-way, constructing two interchanges and one jug-handle interchange, constructing new travel lanes, constructing a median with a median treatment, constructing a multi-use path, installing new bridges and box culverts, removing and placing fill, removing vegetation, and providing storm water management measures. The project also includes mitigation and restoration actions which are compatible with land use plans.

The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed roadway project and river crossing over the Little Missouri River within a study area bounded by the southern border of the North Unit of Theodore Roosevelt National Park (TRNP), the northern border of the South Unit of TRNP, the eastern border of U.S. Highway 85, and the western border of N.D. Highway 16.

This notice of waiver concerns two petitions for waiver submitted to the Federal Aviation Administration (FAA) by Space Exploration Technologies Corp. (SpaceX): A petition to waive the requirement that a waiver petition be submitted at least sixty days before the proposed effective date of the waiver, and a petition to waive the requirement that SpaceX only initiate reentry of its reentry vehicle, the Dragon Spacecraft (Dragon), by command. The first petition is unnecessary because, as explained below, SpaceX demonstrated good cause for its late filing. The FAA finds that waiving the requirement for SpaceX ground operators to initiate Dragon's reentry to Earth is in the public interest and will not jeopardize public health and safety, safety of property, and national security and foreign policy interests of the United States.

In accordance with the Paperwork Reduction Act of 1995 (PRA), FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. The FMCSA requests approval to revise and extend an information collection request (ICR) entitled, ``Training Certification for Drivers of Longer Combination Vehicles.'' This ICR is necessary because the training certificates drivers are required to present to prospective employers serve as proof the drivers have successfully completed the training to operate Longer Combination Vehicles (LCVs) safely on the Nation's highways. Motor carriers are required to maintain a copy of the training certification in each LCV driver's qualification file, which may be reviewed by Federal or State enforcement officials. This ICR is being revised due to an anticipated increase in the estimated number of LCV drivers submitting training certificates to employers resulting in a change to the estimated information collection burden for this training task. On September 9, 2010, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. No comment was received.

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-2010-0106 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 waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

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-2010-0107 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 waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

FMCSA invites all interested persons to comment on a petition that the New Jersey Motor Truck Association (NJMTA) submitted requesting that FMCSA declare the Port Authority of New York and New Jersey's (Port Authority) Drayage Truck Registry (DTR) sticker display requirement preempted by Federal law. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) prohibits States and their political subdivisions from requiring motor carriers to display in or on commercial motor vehicles (CMVs) any form of identification other than forms required by the Secretary of Transportation, with certain exceptions. NJMTA requests that FMCSA determine that the Port Authority's DTR sticker display requirement is preempted by SAFETEA-LU. FMCSA seeks comment on whether the Port Authority's display requirement described below is preempted or whether it qualifies for the relevant exception codified at 49 U.S.C. 14506(b)(3).

We propose to adopt a new airworthiness directive (AD) for certain Model 777-200, -200LR, -300, and -300ER series airplanes. This proposed AD would require repetitive detailed inspections for disbonding and tearing and measurements for wear of the internal diameter (ID) of the Karon-lined bushings of the bulkhead support jackscrew fitting and of the jackscrew fitting of the horizontal stabilizer; repetitive installations of the horizontal stabilizer trim actuator (HSTA); and if necessary, replacement of the bushings with new bushings and all applicable related investigative and corrective actions. This proposed AD results from a report indicating that a Karon-lined bushing with the liner broken into five pieces was found during a scheduled inspection of the HSTA components; the broken liner had worn and disbonded from the bushing. We are proposing this AD to detect and correct discrepancies of the HSTA attachment locations, which could result in reduced structural integrity of the horizontal stabilizer and consequent loss of controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Model 747-400 and -400D series airplanes. This proposed AD would require a general visual inspection to determine the routing of the wire bundles in the number two and number three engine pylons near the leading edge, and related investigative and corrective actions, if necessary. For certain airplanes, this proposed AD would also require certain concurrent actions. This proposed AD results from a report of a fuel leak from the drain line of the number two engine pylon. We are proposing this AD to detect and correct chafing of the main fuel feed tube and the alternating current motor-driven hydraulic pump wire bundle, which could lead to arcing from the exposed wire to the fuel feed tube, and could result in a fire or explosion.

This notice rescinds the Notice of Intent for preparing an Environmental Impact Statement (EIS) for proposed highway to provide a connection between U.S. Highway 82 Bypass and Interstate 69 in Washington and Bolivar Counties, Mississippi, is terminated. The original Notice of Intent for this EIS process was published in the Federal Register on November 29, 2005.