Department of Transportation 2011 – Federal Register Recent Federal Regulation Documents
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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.
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.
Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection abstracted below will be submitted to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 4, 2011. No comments were received.
Safety Advisory; Unauthorized Marking of Compressed Gas Cylinders
This notice advises the public that PHMSA has recently confirmed an undetermined number of certain (aluminum) cylinders were improperly marked and represented as DOT specification 3AL cylinders. The cylinders were neither marked nor certified by an authorized independent inspection agency (IIA) with its official mark and date, in accordance with the applicable regulatory requirements. Therefore, the cylinders are unauthorized for hazardous materials service. Prior to filling these cylinders, a person must verify that the IIA's official mark is stamped between the month and year manufactured. The evidence suggests that if the cylinder is marked with a period (.) rather than the official IIA mark, the cylinder did not undergo the complete series of safety tests and inspections required by the Hazardous Materials Regulations (HMR) and may not possess the structural integrity to safely contain its contents under pressure during normal transportation and use. Extensive property damage, serious personal injury, or death could result from a rupture of the cylinder. Individuals who identify a cylinder marked with only a period (.) between the month and year are advised to remove these cylinders from service and contact PHMSA directly at the below address for further instructions.
Agency Information Collection Activities, Requests for Comments; Clearance of Renewed Approval of Information Collection; Implementation to the Equal Access to Justice Act
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 for to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 10, 2011, vol. 76, no. 47, page 13265. The information is needed to determine an applicant's eligibility for an award of attorney's fees and other expenses under the Equal Access to Justice Act.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: FAA Entry Point Filing Form-International Registry
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 for to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 10, 2011, vol. 76, no. 47, pages 13263-13264. The respondents supply information through the AC 8050-135 to the FAA Civil Aviation Registry's Aircraft Registration Branch in order to obtain an authorization code for access to the International Registry.
Eighty-Sixth Meeting: RTCA Special Committee 159: Global Positioning System (GPS)
The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 159: Global Positioning System (GPS).
Proposed Modification of Class E Airspace; Forsyth, MT
This action proposes to modify Class E airspace at Forsyth, MT. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Tillitt Field Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report for Intermodal Equipment
FMCSA proposes to revise a requirement of the Federal Motor Carrier Safety Regulations that applies to intermodal equipment providers and motor carriers operating intermodal equipment. The Agency proposes to delete the requirement for drivers operating intermodal equipment to submit and intermodal equipment providers to retain driver-vehicle inspection reports when the driver has neither found nor been made aware of any defects on the intermodal equipment used. This NPRM responds to a joint petition for rulemaking from the Ocean Carrier Equipment Management Association and the Institute of International Container Lessors.
Hazardous Materials: Requirements for Storage of Explosives During Transportation
In this final rule, PHMSA, in coordination with the Federal Motor Carrier Safety Administration (FMCSA), is approving the use of the National Fire Protection Association Standard (NFPA) 498Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives (2010 Edition) for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3 explosives.
Northeast Corridor Safety Committee; Notice of Meeting
FRA announces the first meeting of the Northeast Corridor Safety Committee, a Federal advisory committee that is mandated by Section 212 of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA). The Committee is made up of stakeholders operating on the Northeast Corridor, and the purpose of the Committee is to provide annual recommendations to the Secretary of Transportation.
Regulatory Guidance on the Designation of Steerable Rear Axle Operators (Tillermen) as Drivers of Commercial Motor Vehicles
FMCSA issues regulatory guidance concerning the applicability of the term ``driver'' to ``tillerman,'' a person who controls the steerable rear axle on a commercial motor vehicle. The term ``driver'' is used in FMCSA's commercial driver's license requirements and in the Agency's general safety rules. This notice provides Federal and State enforcement personnel, and the motor carrier industry, with uniform guidance as to when certain Federal rules concerning driver licensing and qualifications are applicable to tillermen.
Agency Information Collection Activities; Request for Comment; Extension of an Information Collection: Hours of Service (HOS) of Drivers Regulations
In accordance with the Paperwork Reduction Act of 1995, 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 and invites public comment. The FMCSA requests OMB approval to revise and extend an existing ICR entitled, ``Hours of Service (HOS) of Drivers Regulations.'' The hours-of-service (HOS) rules require most commercial motor vehicle (CMV) drivers to maintain on the CMV an accurate record of duty status (RODS) in either paper or electronic form. The Agency, effective June 4, 2010, authorized the use of electronic on-board recorders (EOBRs) to create driver RODS. This ICR estimates, for the first time, the paperwork burden of motor carriers voluntarily using EOBRs. This ICR promotes safety in CMV operations by assisting motor carriers and enforcement officials in monitoring compliance with the HOS rules.
Motor Carrier Safety Advisory Committee Public Meeting
FMCSA announces that MCSAC will hold a committee meeting from Monday, June 20 through Wednesday, June 22, 2011. The meeting will be open to the public for its duration. The MCSAC will complete action on Task 11-01, regarding Patterns of Safety Violations by Motor Carrier Management and will begin work on Tasks 11-02, regarding Roadside violation severity weightings in the Carrier Safety Measurement System (CSMS) in FMCSA's Compliance, Safety, Accountability (CSA) program, and 11-03, regarding Oversight of the Agency's Long-Haul Cross Border Trucking Pilot Program.
Notice of Receipt of Petition for Decision That Nonconforming 2007 Dodge Durango Multipurpose Passenger Vehicles Manufactured for the Mexican Market Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2007 Dodge Durango multipurpose passenger vehicles (MPV) manufactured for the Mexican market (Mexican market 2007 Dodge Durango MPV), that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2007 Dodge Durango MPV,) and they are capable of being readily altered to conform to the standards.
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.
Safety Enhancements Part 139, Certification of Airports; Reopening of Comment Period
The FAA published a proposed rule on February 1, 2011, to establish minimum standards for training of personnel who access the airport non-movement area (ramp and apron) to help prevent accidents and incidents in that area. This proposal would require a certificate holder to conduct pavement surface evaluations to ensure reliability of runway surfaces in wet weather conditions. This proposed action would also require a Surface Movement Guidance Control System (SMGCS) plan if the certificate holder conducts low visibility operations, facilitating the safe movement of aircraft and vehicles in low visibility conditions. Finally, this proposal would clarify the applicability of part 139 and explicitly prohibit fraudulent or intentionally false statements in a certificate application or record required to be maintained. After the comment period closed, the FAA became aware that the initial regulatory evaluation had not been posted to the rulemaking docket. This action reopens the comment period to allow the public to review and comment on that document, which is now in the docket.
Nondiscrimination on the Basis of Disability in Air Travel; Accessibility of Aircraft and Stowage of Wheelchairs
The Department of Transportation is seeking comment on whether or not the prohibition against using the seat-strapping method (placing a wheelchair across a row of seats using a strap kit with safety- approval from the Federal Aviation Administration or applicable foreign government) to transport a passenger's wheelchair in the cabin of newer aircraft as set forth in DOT regulations should be deleted, modified, or remain as written.
Airworthiness Directives; Cessna Aircraft Company 310, 320, 340, 401, 402, 411, 414, and 421 Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD would require you to install a placard that prohibits flight into known icing conditions and install a placard that increases published speed on approach 17 mph (15 knots) in case of an inadvertent encounter with icing. This proposed AD was prompted by an investigation of recent and historical icing-related accidents and incidents for the products listed above. We are proposing this AD to prohibit flight into known icing conditions as well as increase the approach speed in case of an inadvertent encounter with icing. This condition, if not corrected, could result in unusual flight characteristics that could lead to loss of control after flight into known icing conditions or an inadvertent encounter with icing conditions. Based on the data, an example of the unusual flight characteristics seen in many of the accidents is high sink speeds that resulted in a hard landing.
Access to Aircraft Situation Display (ASDI) and National Airspace System Status Information (NASSI)
The FAA has decided that it is in the best interests of the United States Government and the general public to modify Section 9 of the June 1, 2006 MOA for Industry Access to Aircraft Situation Display (ASDI) and National Airspace System Status Information (NASSI) data, between the FAA and Direct Subscribers to ASDI and NASSI data-feeds. In recognition of the fact that the Privacy Act does not protect general aviation operators and on-demand air charter aircraft operating under 14 CFR part 135 (``on-demand aircraft'') from public knowledge of their flight information, the FAA will require Direct Subscribers (as a condition of signing the MOA) and Indirect Subscribers (as a condition of signing agreements with Direct Subscribers) to block from ASDI and NASSI data-feeds available to the public any general aviation aircraft or on-demand aircraft the registration number for which a Certified Security Concern has been provided to the FAA by electronic mail at CertifiedSecurityConcern@faa.gov or by regular mail at FAA Certified Security Concern, ATO System Operations Services; Room 1002, 800 Independence Avenue, SW., Washington, DC 20591. The FAA will no longer accommodate any ASDI- or NASSI-related security or privacy requests, except such Certified Security Concern.
Notice of Receipt of Petition for Decision That Nonconforming 2008-2010 M&V GmbH Siegmar Fzb Trailers Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2008-2010 M&V GmbH Siegmar Fzb trailers that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.
Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 17, 2011, and comments were due by May 16, 2011. No comments were received.
Regulation of Fractional Aircraft Ownership Programs and On-Demand Operations; Technical Amendment
The FAA is amending its regulations governing operations of aircraft in fractional ownership programs. This document corrects a technical error in the codified text of the regulations.
Airworthiness Directives; L'Hotellier Portable Halon 1211 Fire Extinguishers
This amendment adopts a new airworthiness directive (AD) for the specified fire extinguishers. This action requires replacing each unairworthy portable fire extinguisher with an airworthy portable fire extinguisher. This amendment is prompted by an ongoing investigation that has established that unapproved Halon 1211 has been used to fill L'Hotellier portable fire extinguishers that are likely to be onboard various model helicopters. The actions specified in this AD are intended to prevent using contaminated gas that may reduce fire suppression and release toxic fumes that would endanger the safety of the helicopter and its occupants.
[Docket No. FMCSA-2005-23238; FMCSA-2006-25246; FMCSA-2008-0106; FMCSA-2009-0086]
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.
Qualification of Drivers; Exemption Applications; Vision
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.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt twenty-three 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; Diabetes Mellitus
FMCSA announces receipt of applications from 19 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.
Amendment of Class E Airspace; Mosby, MO
This action amends Class E airspace for Mosby, MO. Decommissioning of the Mosby non-directional beacon (NDB) at Midwest National Air Center Airport, Mosby, MO, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.
Amendment of Class D Airspace; Corpus Christi, TX
This action amends Class D airspace within the Corpus Christi, TX, area by updating the geographic coordinates for Cabaniss Navy Outlying Field (NOLF). This action does not change the boundaries or operating requirements of the airspace.
Airworthiness Directives; Viking Air Limited Model DHC-3 (Otter) Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above that are equipped with a Honeywell TPE331-10 or - 12JR turboprop engine installed per Supplemental Type Certificate (STC) SA09866SC. This AD requires incorporating revised airspeed limitations and marking the airspeed indicator accordingly. There is also a requirement for the installation of a temporary placard until the airspeed indicator can be modified but not to exceed a certain period of time. This AD was prompted by analysis that showed that airspeed limitations for the affected airplanes are not adjusted for the installation of a turboprop engine as stated in the regulations. We are issuing this AD to prevent the loss of airplane structural integrity due to the affected airplanes being able to operate at speeds that exceed the speeds established in the Federal aviation regulations for safe operation.
Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Model S-92A Helicopters
We are adopting a new airworthiness directive (AD) for the Sikorsky Model S-92A helicopters. This AD requires a nondestructive inspection (NDI), eddy current or fluorescent penetrant inspection (FPI), of each main gearbox (MGB) upper housing assembly rib on the left, right, and forward MGB mounting foot at specified intervals based on the MGB upper housing assembly hours time-in-service (TIS). If there is a crack, this AD requires replacing the MGB upper housing assembly with an airworthy MGB upper housing assembly. This AD is prompted by a report of a crack found on the MGB upper housing assembly left mounting foot forward rib that cannot be detected visually. We are issuing this AD to prevent loss of the MGB and subsequent loss of control of the helicopter.
Anthropomorphic Test Devices; Hybrid III Test Dummy, ES-2re Side Impact Crash Test Dummy
This document corrects or makes minor changes to some of the drawings incorporated by reference into NHTSA regulations by a final rule published on June 16, 2008, concerning a 50th percentile adult male side crash test dummy called the ``ES-2re'' test dummy. The corrections and adjustments to the drawings respond to requests from test dummy manufacturers First Technology Safety Systems (FTSS) and Denton ATD (Denton). This final rule also corrects dimensional errors in a figure which depicts the pendulum used in the neck qualification tests of several of the crash test dummies, including the Hybrid III and ES-2re test dummies.
Airworthiness Directives; Koito Industries, Ltd., Seats and Seating Systems Approved Under Technical Standard Order (TSO) TSO-C39b, TSO-C39c, or TSO-C127a
We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires determining if affected seats and seating systems and their components are compliant with certain FAA regulations, and removing those seats, seating systems, and their components that are shown to be unsafe from the affected fleet. This AD was prompted by a determination that the affected seats and seating systems may not meet certain flammability, static strength, and dynamic strength criteria. Failure to meet static and dynamic strength criteria could result in injuries to the flightcrew and passengers during emergency landing conditions. In the event of an in-flight or post- emergency landing fire, failure to meet flammability criteria could result in an accelerated fire. We are issuing this AD to prevent accelerated fires and injuries to the flightcrew and passengers.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection; SWIFT Customer Satisfaction Survey
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 Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 28, 2011, vol. 76, no. 59, page 17181. This collection of information is necessary to determine how satisfied applicants are with the automated staffing solution. The information enables the FAA to improve and enhance its automated staffing process.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Reduction of Fuel Tank Flammability on Transport Category Airplanes
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 for to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 28, 2011, vol. 76, no. 59, pages 17181-17182. The FAA's Fuel Tank Flammability rule requires manufacturers to report to the FAA every six months for up to 5 years after the flammability reduction system is incorporated into the fleet. The data is needed to assure system performance meets that predicted at the time of certification.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Certificated Training Centers-Simulator Rule
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 for to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 10, 2011, vol. 76, no. 47, page 13267. To determine regulatory compliance, there is a need for airmen to maintain records of certain training and recency of experience; a training center has to maintain records of student's training, employee qualification and training, and training program approvals.
Proposed Amendment of Class E Airspace; Rutherfordton, NC
This action proposes to amend Class E Airspace at Rutherfordton, NC, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Rutherford County Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Aviation Data Modernization
The Department of Transportation (the Department) is withdrawing a Notice of Proposed Rulemaking (NPRM) issued on February 17, 2005 (70 FR 8140 et seq.) that proposed revisions to the rules governing the nature, scope, source of and means for collecting and processing aviation traffic data. We are withdrawing this NPRM because, after review of all comments, we have determined that the approach we proposed to solve the identified problems does not adequately address a number of aspects, including measures that could both enhance the utility, integrity and accuracy of the data and reduce the cost of reporting. This action is being taken to allow for later revision and refinement of a proposed methodology for aviation data modernization.
Notice of Final Federal Agency Actions on Proposed Highway in California
The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the US 101/Broadway Interchange Reconstruction Project in the City of Burlingame, County of San Mateo, State of California (Post Miles 16.30 to 17.06). Those actions grant licenses, permits, and approvals for the project.
Environmental Impact Statements: National Summary of Rescinded Notices of Intent
The FHWA is issuing this notice to advise the public that 11 States have rescinded Notices of Intent (NOIs) to prepare 21 Environmental Impact Statements (EISs) for proposed highway projects. The FHWA Division Offices, in consultation with the State departments of transportation (State DOTs), determined that six projects were no longer viable and have formally cancelled the projects. No further Federal resources will be expended on these projects; the environmental review process has been terminated. Seven projects have been reduced in scope or found not to have significant impacts and now meet the criteria for an Environmental Assessment (EA) or a Categorical Exclusion (CE). Six projects are currently undergoing re-scoping. After additional study, two individual projects were combined into a new single corridor project and a new EIS will be prepared.
Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 2000 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:
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