Department of Transportation 2011 – Federal Register Recent Federal Regulation Documents

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 requirement. 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.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 28 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.

In compliance with the Paperwork Reduction Act of 1995, 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 September 8, 2011. No comments were 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.

This notice publishes Emergency Restriction/Prohibition Order 2011-001 (DOT Docket Number PHMSA-2011-0303), issued on November 17, 2011 to a number of entities, including Rainbow of Hope. This Emergency Order was issued by the Office of Hazardous Materials Safety pursuant to authority granted in 49 U.S.C. 5121(d) and 49 CFR 109.17(a), and is published in accordance with 49 CFR Sec. 109.19. Emergency Order 2011- 001 prohibits the filling, offering, and transportation of cylinders containing TyLar gas, and was issued in response to a pattern of explosions that constitute an imminent hazard under 49 CFR 109.1.

General Motors LLC (GM),\1\ has determined that approximately 1,113 Model Year (MY) 2011 Buick Regal passenger cars do not fully comply with paragraph S4.3(d) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. GM filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports dated July 26, 2010.

This action establishes Class D and E airspace at Frederick, MD, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Frederick Municipal Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action amends Class E airspace at Mercury, Desert Rock Airport, Mercury, NV. Decommissioning of the Mercury Non-Directional Beacon (NDB) at Mercury, Desert Rock Airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also makes a minor adjustment to the geographic coordinates in the regulatory text.

This action removes Class E airspace designated as an extension to Class D, and amends Class E airspace for Olathe, KS. Decommissioning of the Johnson County VHF Omnidirectional Range/ Distance Measuring Equipment (VOR/DME) at Johnson County Executive Airport, Olathe, KS, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action amends Class E airspace for Centerville, IA. Decommissioning of the Centerville non-directional beacon (NDB) and cancellation of the NDB approach, at Centerville Municipal Airport, as well as the addition of a new COPTER area navigation (RNAV) SIAP at Mercy Medical Center-Centerville Heliport, has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations within the National Airspace System. The geographic coordinates of Centerville Municipal Airport are being updated also.

This rule amends the regulations governing various airworthiness standards for transport category airplanes. This action harmonizes the requirements for takeoff speeds, static lateral-directional stability, speed increase and recovery characteristics, and the stall warning margin for the landing configuration in icing conditions with the European Aviation Safety Agency (EASA) certification standards.

The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2012, through December 31, 2012, will remain at 25 percent of safety- sensitive employees for random drug testing and 10 percent of safety- sensitive employees for random alcohol testing.

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 an existing collection of information for motor vehicle tire and rim labeling requirements for which NHTSA intends to seek renewed OMB approval.

This document contains corrections to a final rule (49 CFR 575.302), which was published in the Federal Register of Friday, July 29, 2011 (76 FR 45453). The final rule amended NHTSA's regulation on vehicle labeling of safety rating information to reflect the enhanced NCAP ratings program.

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 September 23, 2011, vol. 76, no. 185, page 59186. The New England Region Aviation Expo database performs conference registration and helps plan the logistics and non-pilot courses for the expo.

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 September 23, 2011, vol. 76, no. 185, page 59184-59185. A Special Federal Aviation Regulation requires passengers who intend to use an approved POC to present a physician statement before boarding. The flight crew must then inform the pilot-in-command that a POC is on board.

The FAA hereby proposes to rule and invites public comment on its intent to release certain obligated properties, namely approximately 200 acres at the Martin County Airport, Stuart, FL, from the conditions, reservations, and restrictions as contained in a Surplus Property Agreement between the FAA and the Martin County, dated July 1, 1947, and in accordance with the provisions of Title 49 U.S.C. 47153(c). In anticipation and consideration of its request for a release, Martin County contracted for the installation of Engineered Materials Arresting Systems (EMAS) on Runway 12-30 at the Martin County Airport. The County also advised that its release request is designed to clarify the airport property and to correct ambiguities in title records since portions of the property contemplated by its release requested have been transferred over a number of years to a number of private and public parties. The release of the airport premises thus allows for the FAA and Martin County to establish a reliable and accurate boundary of obligated airport property. The property to be released includes parcels occupied by portions of the Martin County Golf Course, the YMCA, residential developments, a drainage area, and vacant lands. These parcels are currently designated as non-aeronautical use. The County accommodated the installation EMAS on Runway 12-30, enhancing safety for aeronautical users without impacting useable runway length in consideration of its request that a portion of the airport property be released of its federal obligations. The release of the nearly 200 acres also allows the FAA and the airport sponsor to establish and agree upon the boundary of airport property obligated through the Surplus Property Act of 1944. Additionally, the release will not prevent accomplishing the purpose for which the property was made subject to the terms, conditions, reservations, or restrictions, and will advance the interests of the United States in civil aviation. The FAA has preliminarily determined that the request to release property at the Martin County Airport submitted by the County met the procedural requirements of the Federal Aviation Regulations, 14 CFR part 155. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Martin County Airport and the FAA Airports District Office.

We are superseding an existing airworthiness directive (AD) for certain Model 737-300, -400, and -500 series airplanes. That AD currently requires repetitive external non-destructive inspections to detect cracks in the fuselage skin along the chem-mill step at stringers S-1 and S-2 right, between station (STA) 827 and STA 847, and repair if necessary. This new AD adds inspections for cracking in additional fuselage crown skin locations, and repair if necessary. This new AD also reduces the inspection thresholds for certain airplanes, extends certain repetitive inspection intervals, and adds airplanes to the applicability of the existing AD. This AD was prompted by reports of additional crack findings of the fuselage crown skin at the chem- milled steps. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin panels at the chem-milled steps, which could result in sudden fracture and failure of the fuselage skin panels, and consequent rapid decompression of the airplane.

We are adopting a new airworthiness directive (AD) for Bombardier, Inc. Model DHC-8-201 and -202 airplanes with FAA Supplemental Type Certificate (STC) ST00753NY (Transport Canada Civil Aviation (TCCA) STC SA97-106) installed. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

We propose to adopt a new airworthiness directive (AD) for certain Learjet Inc. Model 60 airplanes. This proposed AD was prompted by two incidents of swapped fire extinguishing wires. This proposed AD would require inspecting the electrical leads routed to the fire extinguishing containers for proper identification and missing labels, and to ensure the electrical leads are connected to the correct squibs; and corrective actions if necessary. We are proposing this AD to prevent the extinguishing agent of the fire extinguishing container from being delivered to the wrong engine in the event of an engine fire, and a consequent uncontrolled fire.

FRA is amending its regulations on railroad workplace safety to further reduce the risk of serious injury or death to roadway workers performing work with potentially distracting equipment near certain adjacent tracks. In particular, this final rule requires that roadway workers comply with specified on-track safety procedures that railroads must adopt to protect those workers from the movement of trains or other on-track equipment on ``adjacent controlled track.'' FRA defines ``adjacent controlled track'' to mean ``a controlled track whose track center is spaced 19 feet or less from the track center of the occupied track.'' These on-track safety procedures are required for each adjacent controlled track when a roadway work group with at least one of the roadway workers on the ground is engaged in a common task with on-track, self-propelled equipment or coupled equipment on an occupied track. In addition, FRA is removing the provision on preemptive effect.

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 review and approval and invites public comment. The FMCSA requests approval to revise an ICR entitled, ``Designation of Agents, Motor Carriers, Brokers and Freight Forwarders,'' which is used to provide registered motor carriers, property brokers, and freight forwarders a means of meeting process agent requirements.

FMCSA announces receipt of applications from 8 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision requirement.