Department of Transportation June 2011 – Federal Register Recent Federal Regulation Documents
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Airworthiness Directives; The Boeing Company Model MD-11 and MD-11F Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require replacing the rub strips of the tail fuel tank access door with new rub strips. This proposed AD was prompted by a report that the rub strips of the tail fuel tank access door were manufactured improperly. We are proposing this AD to prevent inadequate electrical bonding between the rub strips and the fuel access door, which can contribute to possible ignition of flammable fuel vapor in the tail fuel tank as a result of a lightning strike.
Proposed Agency Information Collection Activities; Comment Request
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirement (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on April 20, 2011 (76 FR 22165).
Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review
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 collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on March 30, 2011 [76 FR 17746].
Airworthiness Directives; The Boeing Company Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Model 747 series airplanes. The existing AD currently requires repetitive inspections for cracks of the fuselage skin lap splice between body station (BS) 400 and BS 520 at stringers S-6L and S-6R, and repair if necessary. This proposed AD would shorten the interval for the repetitive inspections, require modification for certain airplanes, and require certain post- modification inspections for other airplanes. This proposed AD results from reports of multiple adjacent cracks on an airplane, and a recent fleet-wide evaluation of widespread fatigue damage of skin lap joints, which indicated the need for revised procedures and reduced compliance times. We are proposing this AD to detect and correct cracking of the fuselage skin lap splice between BS 400 and BS 520 at stringers S-6L and S-6R. Such cracking could result in sudden loss of cabin pressurization and the inability of the fuselage to withstand fail-safe loads.
Airworthiness Directives; The Boeing Company Model 777 Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require repetitive detailed inspection and high frequency eddy current (HFEC) inspections for cracks of the wing center section (WCS) spanwise beams, and repair if necessary. This proposed AD was prompted by reports of cracks found in the web pockets of the WCS spanwise beams. We are proposing this AD to detect and correct cracking in the WCS spanwise beams, which could result in reduced structural integrity of the wings.
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes) and A310 Series Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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:
Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes
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:
Airworthiness Directives; Gulfstream Aerospace LP Model Galaxy and Gulfstream 200 Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. 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:
Petition for Exemption; Summary of Petition Received
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.
Petition for Exemption; Summary of Petition Received
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.
The Federal Motor Carrier Safety Administration's 2011-2016 Strategic Plan: Raising the Safety Bar
The FMCSA requests public comment on its draft strategic plan, Federal Motor Carrier Safety Administration 2011-2016 Strategic Plan: Raising the Safety Bar. This is FMCSA's second strategic plan since the Agency was established as a standalone administration within the Department of Transportation (DOT) in 2000. In keeping with DOT's and FMCSA's top priority safety, the draft strategic plan is shaped by three core principles: (1) Raise the bar to enter the motor carrier industry; (2) Maintain high safety standards to remain in the industry; and (3) Remove high-risk carriers, drivers and service providers from operation. The Agency's new 5-year Strategic Plan provides continuing direction for FMCSA to further reduce crashes, injuries, and fatalities related to commercial motor vehicles (CMVs), which include passenger carrier vehicles (e.g., buses). We welcome and invite comments and feedback on FMCSA's future direction. Comments will be considered and incorporated as appropriate. Comment Date: Comments are due July 29, 2011.
Motor Carrier Safety Advisory Committee Series of Public Subcommittee Meetings
FMCSA announces that the Agency's Motor Carrier Safety Advisory Committee (MCSAC) will hold subcommittee meetings on Monday and Tuesday, July 11 and 12, 2011, and Monday and Tuesday, August 1 and 2, 2011. The meetings will be open to the public for their duration. The subcommittee will discuss how electronic on-board recorder (EOBR) manufacturers could comply with the Agency's communications standards for the transmittal of data files from EOBRs to enforcement officials and related technical issues. This meeting is not a forum for a discussion of broader non-technical EOBR issues. The subcommittee's objective is to prepare a letter report and recommendations on the same for consideration by the full MCSAC, which, in turn, will provide recommendations to the Agency.
Terrafugia, Inc.; Grant of Application for Temporary Exemption From Certain Requirements of FMVSS No. 110, Tire Selection and Rims for Motor Vehicles, FMVSS No. 126, Electronic Stability Control Systems, FMVSS No. 205, Glazing Materials, and FMVSS No. 208, Occupant Crash Protection
This notice grants the petition of Terrafugia for a temporary exemption from certain FMVSS requirements for tire selection and rims for motor vehicles (FMVSS No. 110), electronic stability control (ESC) systems (FMVSS No. 126), glazing materials (FMVSS No. 205), and advanced air bag requirements (FMVSS No. 208). The basis for the exemption is that compliance with these requirements would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. This action follows our publication in the Federal Register of a document announcing receipt of Terrafugia's petition and soliciting public comments.
Information Collection Available for Public Comments and Recommendations
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.
Requested Administrative Waiver of the Coastwise Trade Laws
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-2011-0084 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.
Notice of Final Federal Agency Actions on Proposed Highway in Ohio
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 (Interstate Route 75 and adjacent road network and interchanges) in the Cities of Cincinnati, Arlington Heights, Evendale, Glendale, Lincoln Heights, Lockland, Reading, and Sharonville, in Hamilton County, Ohio. Those actions grant licenses, permits, and approvals for the project.
Clarification of the Fireworks Approvals Policy
In this document, PHMSA is responding to comments received from its initial Notice No. 10-9 clarifying PHMSA's policy regarding the fireworks approvals program. Furthermore, in this document PHMSA is restating our policy clarification in that we will issue firework classification approvals only to fireworks manufacturers, and accept firework classification applications only from fireworks manufacturers or their designated agents. This policy clarification is intended to enhance safety by ensuring accountability of the manufacture of the device, and reducing the number of duplicate applications and approvals being issued for identical fireworks devices.
Hours of Service (HOS) of Drivers; Granting of Exemption; American Pyrotechnics Association (APA)
FMCSA announces its decision to grant the application for exemption from the American Pyrotechnics Association (APA) on behalf of 9 member motor carriers seeking relief from FMCSA's hours-of-service (HOS) regulation that prohibits driving of commercial motor vehicles (CMV) after the 14th hour after the driver comes on duty [49 CFR 395.3(a)(2)].
Hours of Service (HOS) of Drivers; Renewal of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations
The FMCSA announces the renewal of the exemption of specified members of the American Pyrotechnics Association (APA) from FMCSA's prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. The exemption granted to 53 motor carriers and approximately 3,000 CMV drivers is applicable during the periods June 28-July 8, 2011, and June 28-July 8, 2012, inclusive. The requested renewal of a prior exemption for one motor carrier is not being granted. Drivers who operate applicable CMVs in conjunction with staging fireworks shows celebrating Independence Day will be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. These drivers will continue to be subject to the 14-hour cumulative on-duty limit, the 11-hour driving time limit, and the 60- and 70-hour weekly on-duty limits. The FMCSA believes that with the terms and conditions of this exemption in effect, designated APA-member motor carriers will maintain a level of safety that, at a minimum, is equivalent to the level of safety that would be obtained by complying with the regulation.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt twenty-one 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.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to exempt 14 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to exempt 19 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent too, or greater than, the level of safety maintained without the exemptions for these CMV drivers.
Notice of Intent To Rule on Request To Release Airport Property at Lehigh Valley International Airport, Allentown, PA
The Federal Aviation Administration proposes to rule and invite public comment on the release of land at the Lehigh Valley International Airport, Allentown, Pennsylvania under the provisions of Section 47125(a) of Title 49 United States Code (U.S.C.). The parcel is a generally north/south rectangular property whose south end of the parcel is located at the north end of Lynnwood Dr. The property is currently vacant land, under agricultural production, and is maintained to protect airspace surfaces of 14 CFR 77.19. The requested release is for the purpose of permitting the Airport Owner to convey title of 14.496 Acres as open space dedication to meet the conditions of an existing zone change (Resolution 07-08), and the Subdivision and Land Development Ordinance of Hanover Township in Northampton County, Pennsylvania. This release will enable the airport to implement the Noise Land Reuse Plan approved by the FAA on May 10, 2010. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Airport Manager's office and the FAA Harrisburg Airport District Office.
Airworthiness Directives; Diamond Aircraft Industries GmbH Model (Diamond) DA 40 Airplanes Equipped With Certain Cabin Air Conditioning Systems
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require deactivation and removal of the vapor cycle system (VCS) installed per STC SA03674AT held by Premier Aircraft Services (originally held by DER Services) following DER Services Master Document List MDL-2006-020-1, Revision C, dated February 3, 2009; Revision D, dated April 22, 2009; Revision E, dated May 12, 2010; or Revision F, dated July 6, 2010. This proposed AD would also require revision to the airplane weight and balance. This proposed AD was prompted by reports of damage around the VCS compressor mounting areas found during maintenance inspections. We are proposing this AD to remove the VCS mount, which could result in the air conditioner compressor disconnecting in the engine compartment. This condition could result in engine stoppage or additional damage to the engine.
Temporary Closure of I-395 Just South of Conway Street in the City of Baltimore to Vehicular Traffic To Accommodate the Construction and Operation of the Baltimore Grand Prix
The Maryland Transportation Authority (MDTA) has requested FHWA approval of MDTA's proposed plan to temporarily close a portion of I-395 (just south of Conway Street in Baltimore City) from approximately 7 p.m. on Thursday, September 1, 2011, until approximately 6 a.m. on Tuesday, September 6, 2011. The closure is requested to accommodate the construction and operation of the Baltimore Grand Prix (BGP), which will use the streets of downtown Baltimore as a race course. The request is based on the provisions in 23 CFR 658.11 which authorizes the deletion of segments of the federally designated routes that make up the National Network designated in Appendix A of 23 CFR Part 658 upon approval by the FHWA. The FHWA seeks comments from the general public on this request submitted by the MDTA for a deletion in accordance with section 658.11(d) for the considerations discussed in this notice.
Airworthiness Directives; Teledyne Continental Motors (TCM) and Rolls-Royce Motors Ltd. (R-RM) Series Reciprocating Engines
We propose to supersede an existing airworthiness directive (AD) that applies to certain TCM and R-RM series reciprocating engines. The existing AD currently requires replacement of certain magnetos if they fall within the specified serial number (S/N) range, inspection of the removed magneto to verify that the stop pin is still in place, and, if the stop pin is not in place, inspection of the engine gear train, crankcase, and accessory case. Since we issued that AD, we became aware of an error in the previous AD applicability in the range of magneto S/ Ns affected, and of the need to include certain engines made by R-RM, under license of TCM. This proposed AD would correct the range of S/Ns affected, require the same replacement and inspections, and would add R-RM C-125, C-145, O-300, IO-360, TSIO-360, and LTSIO-520-AE series reciprocating engines to the applicability. We are proposing this AD to correct the unsafe condition on these products.
Airworthiness Directives: Lycoming Engines (Type Certificate Previously Held by Textron Lycoming) and Teledyne Continental Motors (TCM) Turbocharged Reciprocating Engines
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires inspecting certain Lycoming and TCM reciprocating engines with certain Hartzell Engine Technologies, LLC (HET) turbochargers installed, and disassembly and cleaning of the turbocharger center housing and rotating assembly (CHRA) cavities of affected turbochargers. This AD was prompted by a turbocharger failure due to machining debris left in the cavities of the CHRA during manufacture. We are issuing this AD to prevent seizure of the turbocharger turbine, which could result in damage to the engine, and smoke in the airplane cabin.
Notification of Anticipated Delay in Administrative Appeal Decisions
This notice advises the public that PHMSA is currently reviewing numerous administrative appeals (i.e., petitions for reconsideration) on recently issued final rules. In accordance with applicable regulatory requirements, this notice provides notification to parties having brought certain administrative appeals of the anticipated delay in processing these administrative appeals.
Office of Hazardous Materials Safety; Notice of Application for Special Permits
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
FY 2011 Discretionary Livability Funding Opportunity; Section 5309 Bus and Bus Facilities Livability Initiative Program Grants and Section 5339 Alternatives Analysis Program
The Federal Transit Administration (FTA) announces the availability of discretionary funds in Fiscal Year (FY) 2011 for two programs in support of the Department of Transportation's (DOT) Livability Initiative: the Bus and Bus Facilities grant funds (49 U.S.C. 5309(b)) (``Bus Livability Program'') and the Alternatives Analysis Program (49 U.S.C. 5339), both authorized by the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A legacy for Users (SAFETEA-LU), Pub. L. 109-59, August 10, 2005. The Bus Livability Program will be funded using at least $150 million in available FY 2011 Discretionary Bus and Bus Facilities Program funds. The Alternatives Analysis program will be funded using up to $25 million in FY 2010 and FY2011 discretionary funds. These discretionary program funds will be distributed in accordance with the mission of each program and in support of the U.S. DOT's Livability Initiative and the Partnership for Sustainable Communities between the U.S. DOT, the U.S. Department of Housing and Urban Development (HUD), and the U.S. Environmental Protection Agency (EPA). Please note that this notice is one of several discretionary funding opportunities that FTA intends to issue by early Fall 2011. This notice includes priorities established by FTA for these discretionary funds, the criteria FTA will use to identify meritorious projects for funding, and describes how to apply for funding under each discretionary program. This announcement is available on the FTA Web site at: https://www.fta.dot.gov. FTA will announce final selections for each program on the Web site and in the Federal Register. Additionally, a synopsis of each funding opportunity will be posted in the FIND module of the government-wide electronic grants Web site at https://www.grants.gov.
Airworthiness Directives; Dassault Aviation Model FALCON 7X Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This emergency AD was sent previously to all known U.S. owners and operators of these airplanes. This AD requires that, as of the effective date of the AD, operation of Model FALCON 7X airplanes is prohibited. This AD was prompted by a report of an uncontrolled pitch trim runaway during descent. We are issuing this AD to prevent loss of control of the airplane.
Notice of Final Federal Agency Actions on Proposed Highway in California
This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Colton Crossing Rail-to-Rail Grade Separation Project, City of Colton, in the County of San Bernardino, State of California. Those actions grant licenses, permits, and approvals for the project.
Hazardous Materials: Revision to the List of Hazardous Substances and Reportable Quantities
PHMSA amends the Hazardous Materials Regulations by removing saccharin and its salts from the list of hazardous substances and reportable quantities. The Comprehensive Environmental Response, Compensation and Liability Act, requires PHMSA to list and regulate all hazardous substances designated by statute or by the U.S. Environmental Protection Agency (EPA). EPA recently removed saccharin and its salts from their list of hazardous substances through notice and comment rulemaking. This final rule simply harmonizes the lists to better enable shippers and carriers to identify the affected hazardous substances, comply with all applicable regulatory requirements, and make required notifications if the release of a hazardous substance occurs.
Parts and Accessories Necessary for Safe Operation; Application for Exemption From the Natural Gas Vehicles for America
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption submitted by National Gas Vehicles for America (NGVAmerica) regarding the provision in the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting the location of any part of a fuel system on a bus manufactured on or after January 1, 1973, ``within or above the passenger compartment.'' NGVAmerica states that the National Highway Traffic Safety Administration (NHTSA) has adopted safety standards specific to natural gas vehicles that do not restrict the location of such fuel systems. NGVAmerica plans to file a petition in the near future to request a modification to the FMCSRs and requests the exemption to allow buses equipped with roof-mounted natural gas tanks operating in interstate commerceand therefore subject to the FMCSRsto operate without penalty while the differences between the NHTSA and FMCSA regulations are resolved.
Approval Process for Transfers to Foreign Registry of U.S. Documented Vessels Over 1,000 Gross Tons
This document clarifies the Maritime Administration's (MARAD's) approval process in 46 CFR part 221, for requests relating to proposed transfers to foreign registry of U.S. documented vessels over 1,000 gross tons.
Establishment of Helicopter Area Navigation (RNAV) Routes; Northeast United States
This action establishes helicopter RNAV routes as part of the U.S. air traffic service route (ATS) structure and designates two helicopter RNAV routes (TK-routes) in the northeast corridor between the Washington, DC, and New York City metropolitan areas. The TK-routes are for use by helicopters having IFR-approved Global Positioning System (GPS)/Global Navigation Satellite System (GNSS) equipment. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace for en route IFR helicopter operations.
Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.
Application of Cargo Preference Requirements To Maritime Loan Guarantee Program
This notice clarifies MARAD's position on the application of cargo preference requirements under 46 U.S.C. 55305 to its shipyard and vessel financing guarantees.
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