Department of Transportation November 2011 – Federal Register Recent Federal Regulation Documents
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Federal Motor Vehicle Safety Standards; Small Business Impacts of Motor Vehicle Safety
NHTSA seeks comments on the economic impact of its regulations on small entities. As required by Section 610 of the Regulatory Flexibility Act, we are attempting to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to school buses and other buses.
Pipeline and Hazardous Materials Safety Administration
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 of the actions on special permits applications in (January to November 2011). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5 Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.
Reports, Forms, and Recordkeeping Requirements
This notice solicits public comments on continuation of the requirements for the collection of information on safety standards. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information on nine Federal motor vehicle safety standards (FMVSSs) and two regulations, for which NHTSA intends to seek OMB approval. The information collection pertains to requirements that specify certain description, instructions and safety precautions regarding items of motor vehicle equipment must appear in the vehicle owner's manual.
Reports, Forms, and Recordkeeping Requirements
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.
Notice of Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the following locations: City of Aurora and Arapahoe County, CO; Chicago, IL; Birmingham, AL; Sacramento, CA; New York, NY; and King County, WA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.
Notice of Rail Energy Transportation Advisory Committee Vacancy
The Surface Transportation Board (Board), hereby gives notice of a vacancy on the Board's Rail Energy Transportation Advisory Committee for a representative of a state- or municipally-owned electric utility. The Board is soliciting suggestions for candidates to fill that vacancy.
Alaska Railroad Corporation-Construction and Operation Exemption-A Rail Line Extension to Port MacKenzie, AK
The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for Alaska Railroad Corporation (ARRC) to construct and operate an approximately 35-mile rail line connecting the Port MacKenzie District in south-central Alaska to a point on ARRC's existing main line near Houston, Alaska. The rail line would provide freight services between Port MacKenzie and the interior of Alaska and would support Port MacKenzie's continuing development as an intermodal and bulk material resources export and import facility. This exemption is subject to environmental mitigation conditions and the condition that ARRC build the route designated as environmentally preferable.
Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences
The National Transportation Safety Board (NTSB) has made a safety recommendation to PHMSA that excess flow valves be installed in all new and renewed gas service lines, regardless of a customer's classification, when the operating conditions are compatible with readily available valves. In response to that recommendation, PHMSA is seeking public comment on several issues relating to the expanded use of excess flow valves (EFVs) in gas distribution systems. PHMSA is also interested in seeking comment from gas distribution system operators on their experiences using EFVs, particularly from a cost-benefit perspective.
Meeting Notice-Federal Interagency Committee on Emergency Medical Services
NHTSA announces a meeting of the Federal Interagency Committee on Emergency Medical Services (FICEMS) to be held in the Washington, DC area. This notice announces the date, time and location of the meeting, which will be open to the public. Pre-registration is required to attend.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
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.
Airworthiness Directives; Rolls-Royce plc (RR) RB211 Trent 800 Series Turbofan Engines
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued 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.
Executive Committee of the Aviation Rulemaking Advisory Committee; Meeting
The FAA is issuing this notice to advise the public of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee.
Alabama Metal Coil Securement Act; Petition for Determination of Preemption
FMCSA requests comments on a petition submitted by the American Trucking Associations (ATA) requesting a determination that the State of Alabama's Metal Coil Securement Act is preempted by Federal law. FMCSA requests comments on what effect, if any, Alabama's metal coil load securement certification requirements may have on interstate commerce.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 airplanes 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: Several cases of corrosion of the Main Landing Gear (MLG) support Rib 5 fitting lug bores have been reported on A320 family aeroplanes. * * * If not detected, the cracking may lead to the complete failure of the fitting and thus could affect the structural integrity of the MLG installation. EASA AD 2007-0213 was issued to address this condition * * *. After that AD was issued, a case of Rib 5, ruptured at the 4 o'clock position, was discovered on an aeroplane on which the terminating action of EASA AD 2007-0213 had already been embodied * * *. Investigation of that case revealed that corrosion damage and cracking that should have been removed by repair machining was below the level of detectability of the Non Destructive Test (NDT) technique that cleared the surfaces prior to bush installation. * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
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 Requirements (ICRs) abstracted below are being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on September 8, 2011 (76 FR 55726).
Airworthiness Directives; Pratt & Whitney Turbofan Engines
We propose to adopt a new airworthiness directive (AD) for all Pratt & Whitney PW4050, PW4052, PW4056, PW4056(-3), PW4156, PW4060, PW4060(- 3), PW4060A, PW4152, PW4152(-3), PW4156A, PW4158, PW4158(-3), PW4460, PW4460(-3), PW4462, and PW4462(-3) turbofan engines. This proposed AD was prompted by reports of five engine in-flight shutdowns and seven unplanned engine removals. This proposed AD would require inspections, cleaning, and engine modifications to address coking in the No. 4 bearing compartment and oil pressure and scavenge tubes. We are proposing this AD to prevent an engine fire, a fractured fan drive shaft, and damage to the airplane.
Airworthiness Directives; Pratt & Whitney Turbofan Engines
We propose to adopt a new airworthiness directive (AD) for Pratt & Whitney JT9D-7R4D, -7R4D1, -7R4E, -7R4E1, -7R4G2, -7R4H1, and - 7R4E4 turbofan engines. This proposed AD would establish a new lower life limit for high-pressure turbine (HPT) 1st stage air seals, part number (P/N) 735907, and would require removing them from service using a drawdown schedule. This proposed AD was prompted by the determination that a new lower life limit for the HPT 1st stage air seals, P/N 735907, is necessary. We are proposing this AD to prevent critical life-limited rotating engine part failure and damage to the airplane.
IFR Altitudes; Miscellaneous Amendments
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.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Financial Responsibility Requirements for Licensed Reentry Activities
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 an information collection. The information collected supports FAA in determining the amount of required liability insurance for a reentry operator after examining the risk associated with a reentry vehicle, its operational capabilities, and its designated reentry site.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Certification of Repair Stations
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 an information collection. Information is collected from applicants who wish to obtain repair station certification. Applicants must submit FAA form 8310-3 to the appropriate FAA flight standards district office for review.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Commercial Air Tour Limitations in the Grand Canyon National Park Special Flight Rules Area
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 an information collection. The FAA uses the information gathered from Grand Canyon National Park air tour operators to monitor their compliance with the Federal regulations.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Exemptions for Air Taxi and Commuter Air Carrier Operations
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 an information collection. 14 CFR part 298 requires air carrier operators to obtain a certificate of public convenience and necessity from the DOT, with the exception of air taxi and commuter air operators.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Revisions to Digital Flight Data Recorders
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 an information collection. The FAA amended the regulations governing flight data recorders to increase the number of digital flight data recorder parameters for certain Boeing airplanes. This requirement affects all Boeing 737 series airplanes manufactured after August 18, 2000. This change was based on safety recommendations from the National Transportation Safety Board following its investigations of two accidents and several incidents involving 737s.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: ACSEP Evaluation Customer Feedback Report
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 an information collection. The information is collected from holders of FAA production approvals and selected suppliers to obtain their input on how well the agency is performing the administration and conduct of the Aircraft Certification Systems Evaluation Program (ACSEP).
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Report of Inspections Required by Airworthiness Directives
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 an information collection. Airworthiness Directives are regulations issued to require correct corrective action to correct unsafe conditions in aircraft, engines, propellers, and appliances. Reports of inspections are often needed when emergency corrective action is taken to determine if the action was adequate to correct the unsafe condition. The respondents are aircraft owners and operators.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Procedures for Non-Federal Navigation Facilities
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 an information collection. Non-Federal navigation facilities are electrical/electronic aids to air navigation which are purchased, installed, operated, and maintained by an entity other than the FAA and are available for use by the flying public.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Operating Requirements: Domestic, Flag and Supplemental Operations
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 an information collection. 14 CFR part 121 prescribes the requirements governing air carrier operations. The information collected is used to determine air operators' compliance with the minimum safety standards and the applicants' eligibility for air operations certification.
Fourteenth Meeting: RTCA Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication Services
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication Services.
Twenty-Seventh Meeting: RTCA Special Committee 206: Aeronautical Information and Meteorological Data Link Services
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 206: Aeronautical Information and Meteorological Data Link Services for 27th meeting.
Airworthiness Directives; Pratt & Whitney JT9D Series Turbofan Engines
We propose to supersede an existing airworthiness directive (AD) that applies to all Pratt & Whitney (PW) JT9D series turbofan engines. The existing AD currently requires revisions to the Airworthiness Limitations Section (ALS) of the manufacturer's Instructions for Continued Airworthiness (ICA) to include required enhanced inspection of selected critical life-limited parts at each piece-part opportunity. Since we issued that AD, PW has added mandatory inspections for certain critical life-limited parts. This proposed AD would require additional revisions to the JT9D series engines ALS sections of the manufacturer's ICA. This proposed AD results from the need to require enhanced inspection of selected critical life-limited parts of JT9D series engines. We are proposing this AD to prevent critical life-limited rotating engine part failure, which could result in an uncontained engine failure and damage to the airplane.
Airworthiness Directives; Turbomeca S.A. Makila 1A2 Turboshaft Engines
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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; Thielert Aircraft Engines GmbH (TAE) Reciprocating Engines
We propose to revise an existing airworthiness directive (AD) that applies to TAE models TAE 125-01 and TAE 125-02-99 reciprocating engines installed on, but not limited to, Diamond Aircraft Industries Model DA 42 airplanes. The existing AD currently requires initial and repetitive replacements of proportional pressure reducing valves (PPRVs) (also known as propeller control valves). Since we issued that AD, TAE has increased the life of the PPRV, part number (P/N) 05-7212- E002801, on TAE 125-02-99 engines, from 300 hours to 600 hours. This proposed AD would relax the repetitive replacement interval from a 300- hour interval to a 600-hour interval for PPRVs, P/N 05-7212-E002801, on TAE 125-02-99 engines. We are proposing this AD to prevent engine in- flight shutdown, possibly resulting in reduced control of the aircraft.
Amendment of VOR Federal Airways V-81, V-89, and V-169 in the Vicinity of Chadron, NE
This action amends the legal description of the VHF omnidirectional range (VOR) Federal airways V-81, V-89, and V-169 in the vicinity of Chadron, Nebraska. The FAA is taking this action because the Chadron VOR distance measuring equipment (DME), included as part of the V-81, V-89, and V-169 route structure, is being renamed the Toadstool VOR/DME to avoid confusion with Chadron Airport that shares the same identifier.
Special Conditions: Diamond Aircraft Industries, Model DA-40NG; Electronic Engine Control (EEC) System
These special conditions are issued for the Diamond Aircraft Industries, Model DA-40NG airplane. This airplane will have a novel or unusual design feature(s) associated with an electronic engine control (EEC) also known as a Full authority Digital Engine Control (FADEC). 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.
Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports
This action extends the comment period for a supplemental notice of proposed rulemaking (SNPRM) on the accessibility of Web sites and automated kiosks that was published in the Federal Register on September 26, 2011. The Department of Transportation is extending the closing date for interested persons to submit comments on this rulemaking by 45 days from November 25, 2011, to January 9, 2012. This extension is a result of requests from a number of parties for additional time to respond to the SNPRM. The Air Transport Association, the International Air Transport Association, the Air Carrier Association of America, the Regional Airline Association, and the Association of Asia Pacific Airlines all asked to extend the comment period on the proposal by 120 days in order to allow interested parties to fully evaluate the proposed rule, answer the numerous questions in the preamble, and develop constructive comments for the Department's consideration. The Interactive Travel Services Association requested an extension of at least 60 days to gather the information necessary to provide an in-depth, comprehensive response to the SNPRM. An individual with a disability has also asked for an extension, citing difficulties in using the online comment form on the www.regulations.gov Web site. The Department acknowledges that more time to provide comments may be warranted given the complex nature of the issues and the need to resolve problems encountered by some individuals to date in submitting comments. Nonetheless, we are not persuaded that an additional 120 or even 60 days are needed to respond. In addition to extending the comment period, this action responds to questions posed by the Associations about certain aspects of the SNPRM.
Buy America Waiver Notification
This notice provides information regarding the FHWA's finding that a partial Buy America waiver is appropriate for the purchase of 79 electric sedans and 11 electric vans in Alameda County, California. The partial waiver will permit the purchase of these vehicles so long as the final assembly occurs in the United States.
Multistate Corridor Operations and Management Program
This document modifies an existing FHWA notice and request for application, originally published on October 21, 2011, at 76 FR 65561. The original notice invited eligible entities to apply for participation in the FHWA Multistate Corridor Operations and Management Program as authorized in 23 U.S.C. 511. This notice and correction clarifies the ``How to Apply'' process for that notice and request for applications, clarifies the application evaluation criteria for that notice and request for applications, and extends the deadline for submission of proposals for that notice and request for applications. Applications should still be submitted through https://www.grants.gov.
Buy America Waiver Notification
This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for an automated battery switching mechanism for an electric battery switching station in the State of California.
Buy America Waiver Notification
This notice provides information regarding the FHWA's finding that a partial Buy America waiver is appropriate for the purchase of 12 all-battery electric vehicles, 12 plug-in hybrid vehicles, and 5 neighborhood electric vehicles in San Francisco County, California. The partial waiver will permit the purchase of these vehicles so long as the final assembly occurs in the United States.
Public Meeting of Motor Carrier Safety Advisory Committee and Joint Public Meeting With Medical Review Board
FMCSA announces that MCSAC will hold a meeting on Monday- Thursday, December 5-8, 2011, which will include a joint meeting on Wednesday, December 7, 2011, with the MRB. All four days of the meeting will be open to the public for their duration.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 18 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.
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.
Special Conditions: Gulfstream Aerospace Corporation, Model GVI Airplane; Windshield Coating in Lieu of Wipers
This special condition is issued for the Gulfstream Aerospace Corporation Model GVI airplane. This airplane will have a novel or unusual design feature(s) associated with the use of a hydrophobic windshield coating, rather than windshield wipers, as the means to maintain a clear portion of the windshield during precipitation conditions, as required by the airworthiness standards for transport category airplanes. 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.
Noise Compatibility Program Notice for W.M. Kellogg Airport, Battle Creek, MI
The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the City of Battle Creek, Michigan for W.K. Kellogg Airport under the provisions of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise Abatement Act, herein after referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) part 150 (hereinafter referred to as ``Part 150'') is in compliance with applicable requirements. The FAA also announces that it is reviewing a proposed noise compatibility program that was submitted for W.K. Kellogg Airport under part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before April 28, 2012.
Maintenance of and Access to Records Pertaining to Individuals; Proposed Exemption
DOT proposes to exempt portions of a newly established system of records titled, ``Department of Transportation/ALL 24 Departmental Office of Civil Rights System'' from certain provision of the Privacy Act. Specifically, the DOT exempts portions of the ``Department of Transportation/ALL-24 Departmental Office of Civil Rights System'' from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements. Public comment is invited.
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