Department of Transportation 2012 – Federal Register Recent Federal Regulation Documents
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Notice of Transportation Services' OMB Designation, timely return of excess transit benefits to the Treasury, and stakeholder notification of the minimum internal controls
On April 27, 2012, the Office of Management and Budget (OMB) designated the U.S. Department of Transportation's (DOT) Office of Transportation Services (TRANServe), located within the Office of the Assistant Secretary for Administration, as the lead Federal Agency by to facilitate the timely return of any excess transit benefits accumulating on vanpool companies' accounts to the Treasury and to prevent the future accumulation of excess transit benefits, among other things. As the lead Federal agency, TRANServe is directed to inform commercial vanpool companies of the Federal internal controls that now govern the Transit Benefit Program to prevent future accumulations, and assist in the timely return of the current excess transit benefits. Thus, the following notice sets forth the process for returning excess transit benefits, as well as the minimum internal controls that have been developed for operating a compliant transit benefit program as it relates to van pools.
Railroad Safety Advisory Committee; Notice of Meeting Postponement
FRA recently announced the forty-eighth meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process (77 FR 73734). This meeting has been postponed until further notice and will be rescheduled at a future date.
Proposed Agency Information Collection Activities; Comment Request
In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following proposed information collection activities. Before submitting this proposed information collection request (ICR) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Airworthiness Directives; General Electric Company Turbofan Engines
We are revising an earlier proposed airworthiness directive (AD) for certain General Electric Company (GE) CF6-80C2 series turbofan engines. That NPRM proposed to supersede an AD that required replacement of fuel tubes connected to the fuel flowmeter. That NPRM was prompted by several reports of fuel leaks, and two reports of engine fire, due to mis-assembled supporting brackets on the fuel tube connecting the flowmeter to the Integrated Drive Generator (IDG) fuel- oil cooler. That NPRM required installation of a new simplified one- piece supporting bracket to eliminate mis-assembly. This supplemental action adds an engine model, alters the list of affected part numbers (P/Ns), changes the replacement schedule, and revises our estimated cost of compliance. We are reopening the comment period to allow the public the opportunity to comment on these proposed changes. We are proposing this AD to prevent high-pressure fuel leaks caused by improper seating of fuel tube flanges, which could result in an engine fire and damage to the airplane.
Exhaust Emissions Standards for New Aircraft Gas Turbine Engines and Identification Plate for Aircraft Engines
This action amends the emission standards for turbine engine powered airplanes to incorporate the standards promulgated by the United States Environmental Protection Agency (EPA) on June 18, 2012. This amendment fulfills the FAA's requirements under the Clean Air Act Amendments of 1970 to issue regulations ensuring compliance with the EPA standards. This action revises the standards for oxides of nitrogen and test procedures for exhaust emissions based on International Civil Aviation Organization standards, and for the identification and marking requirements for engines.
Limitation on Claims against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for the Dulles Corridor Metrorail Project, Phase 2 Preliminary Engineering Design Refinements, Fairfax and Loudoun Counties, VA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge these final environmental actions.
Notice of Receipt of Petition for Decision That Nonconforming 2006-2010 BMW M3 Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2006-2010 BMW M3 passenger cars 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 2006-2010 BMW M3 passenger cars) and they are capable of being readily altered to conform to the standards.
Notice of Receipt of Petition for Decision That Nonconforming 2005 Ferrari 612 Scaglietti Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2005 Ferrari 612 Scaglietti passenger cars 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 2005 Ferrari 612 Scaglietti passenger cars) and they are capable of being readily altered to conform to the standards.
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.
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.
Office of Hazardous Materials Safety; Actions on Special Permit Applications
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 (November to November 2012). 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, 5Passenger-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.
Office Of Hazardous Materials Safety; Notice of Delays In Processing of Special Permits Applications
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
Airworthiness Directives; GA200 (Pty) Ltd Airplanes
We are revising an existing airworthiness directive (AD) for all GA200 (Pty) Ltd Models GA200 and GA200C airplanes. 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 failure of the wing strut bolt through the main spar. We are issuing this AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for all Airbus Model A330-300 series airplanes and Model A340-200 and -300 series airplanes. This AD was prompted by reports that, during a flight test, several spoiler servo-controls (SSCs) did not remain locked in the retracted position (hydraulic locking function) after manual depressurization of the corresponding hydraulic circuit. Loss of that locking functionwhich is ensured by a blocking valvewas caused by an internal leak from a sheared seal on the blocking valve. This AD requires inspecting to determine if certain SSCs are installed, performing an operational test of any affected SSC, and replacing if necessary. We are issuing this AD to prevent loss of the hydraulic locking function during take-off and go-around phases, which, in combination with malfunction of one engine, could result in reduced controllability of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by reports of escape slides failing to deploy from the forward and aft right-hand doors during scheduled maintenance slide deployments. This AD requires modifying the escape slide. Also, for certain airplanes, this AD requires modifying or replacing the Vespel piston. For certain other airplanes, this AD requires an additional modification of the escape slide. We are issuing this AD to prevent failure of an escape slide to deploy, which could result in the slide being unusable during an emergency evacuation and increased likelihood of injury to passengers or crewmembers due to the difficulty in evacuating the airplane.
Airworthiness Directives; Gulfstream Aerospace Corporation
We propose to adopt a new airworthiness directive (AD) for all Gulfstream Aerospace Corporation Model GV and GV-SP airplanes. This proposed AD was prompted by reports of two failures of the fuel boost pump and over-heat damage found on the internal components and external housing. This proposed AD would require doing an inspection to determine if fuel boost pumps having a certain part number are installed, replacing the fuel boost pumps having a certain part number, and revising the airplane maintenance program to include revised instructions for continued airworthiness. We are proposing this AD to prevent fuel leakage into the dry cavity of the boost pump and outside of the fuel pump, and to prevent capacitor clearance issues in the dry cavity, which together could result in an uncontrolled fire in the wheel well.
Quarterly Rail Cost Adjustment Factor
The Board has approved the AAR's proposed rebasing calculations and the rebased first quarter 2013 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. A new base level for the index is calculated in the Board's decision, as the statute requires be done every five years. The first quarter 2013 RCAF (Unadjusted) is 0.997. The first quarter 2013 RCAF (Adjusted) is 0.435. The first quarter 2013 RCAF-5 is 0.411.
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 8 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 8 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.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AQUADISIAC; Invitation for Public Comments
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.
Airworthiness Directives; Bombardier, Inc. Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes, and Model DHC-8-200, -300, and -400 series airplanes. This proposed AD was prompted by reports of excessive wear found in the clevis (bolt) hole where the rod assembly attaches to the rudder/brake pedal bellcrank, due to prolonged fretting. This proposed AD would require measuring the bellcrank clevis holes, inspecting for cracking of the bellcrank, and re-working the clevis holes with steel bushings, or replacing the bellcrank. We are proposing this AD to detect and correct a worn or cracked clevis hole, which could cause failure of the bellcrank on one side, with subsequent asymmetric braking and consequent runway excursion.
Airworthiness Directives; Embraer S.A. Airplanes
We propose to supersede an existing airworthiness directive (AD) that applies to certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. The existing AD currently requires, for certain airplanes, repetitively replacing the low-stage check valve and associated seals of the right hand (RH) engine's engine bleed system with a new check valve and new seals, replacing the low pressure check valves (LPCV), and revising the maintenance program. For certain other airplanes, the existing AD requires replacing a certain low-stage check valve with an improved low-stage check valve. Since we issued that AD, we have received reports of uncommanded engine shutdowns on both Model ERJ 170 and ERJ 190 airplanes due to excessive wear and failure of LPCVs having certain part numbers. This proposed AD would also, for certain airplanes, require replacing certain LPCVs of the left-hand (LH) and RH engines, which would be an option for other airplanes. We are proposing this AD to prevent the possibility of a dual engine in-flight shutdown due to LPCV failure.
Amendment of Time of Designation for Restricted Area R-6501B; Underhill, VT
This action amends the time of designation for restricted area R-6501B, Underhill, VT by adding a requirement for issuance of a Notice to Airmen (NOTAM) 24 hours in advance of any activation of the restricted area. This action does not affect the boundaries, altitudes or activities conducted within the area.
Establishment of Class E Airspace; Walsenburg, CO
This action establishes Class E airspace at Spanish Peaks Airfield, Walsenburg, CO, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport. Also, the geographic coordinates of the airport are updated at the request of National Aeronautical Navigation Services.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
We are adopting a new airworthiness directive (AD) for certain serial numbers (S/Ns) of Rolls-Royce plc (RR) RB211-Trent 768-60, 772- 60, and 772B-60 turbofan engines. This AD requires initial and repetitive on-wing or in-shop inspections of the high pressure/ intermediate pressure (HP/IP) turbine bearing support oil feed tube outer heat shield. This AD also requires installation of a revised HP/ IP turbine bearing support structure as terminating action to the repetitive inspections of the HP/IP turbine bearing support oil feed tube outer heat shield. This AD was prompted by a report of high oil consumption due to an oil leak from the HP/IP turbine bearing support oil feed tube. We are issuing this AD to prevent failure of the HP turbine disc, uncontained engine failure, and damage to the airplane.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for all Airbus Model A330-200 and -300 series airplanes. This AD was prompted by a report of a prematurely fractured main landing gear (MLG) bogie beam. This AD requires replacing certain MLG bogie beams before reaching new reduced life limits. We are issuing this AD to prevent fracture of the MLG bogie beam, which, under high speed, could ultimately result in the airplane departing the runway, the bogie beam detaching from the airplane, or collapse of the MLG; and consequent structural damage to the airplane and injury to the occupants.
Airworthiness Directives; The Boeing Company Airplanes
We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200CB, and -300 series airplanes. That AD currently requires initial and repetitive inspections of the fuselage skin and bear strap at the forward, upper corner of the L1 entry door cutout for cracking, and repair if necessary. That action also provides an optional terminating action for the repetitive inspections. That AD also requires additional inspections for airplanes having repairs or preventative modifications installed and inspections for certain other airplanes. This AD requires the previous actions with additional airplane group configurations added to paragraph (n) of this AD. This AD was prompted by a determination that certain airplane group configurations in paragraph (n) of the existing AD were inadvertently removed in the final rule. We are issuing this AD to detect and correct cracking of the fuselage skin and bear strap at the forward upper corner of the L1 entry door cutout, which could result in reduced structural integrity of the L1 entry door, and consequent rapid decompression of the airplane.
Airworthiness Directives; Airbus Airplanes
We are superseding an existing airworthiness directive (AD) for certain Airbus Model A300 B4-2C, B4-103, and B4-203 airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R airplanes. That AD currently requires performing a one-time detailed visual inspection of the forward fitting at frame (FR) 40 on both sides of the airplane for cracks, and repair if necessary. This new AD requires repetitive detailed inspections of the forward fitting at FR 40 without nut removal, and a one-time eddy current or liquid penetrant inspection of the forward fitting at FR 40 with nut removal, and repair if necessary. This AD was prompted by reports that new cracks were found in the FR 40 forward fitting. We are issuing this AD to detect and correct cracking of the FR 40 forward fitting, which could result in a deterioration of the structural integrity of the frame.
Proposed Establishment of Class E Airspace; White Mountain, AK
This action proposes to establish Class E airspace at White Mountain Airport, White Mountain, AK, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at White Mountain Airport.
Proposed Amendment of Class E Airspace; Eureka, NV
This action proposes to modify Class E airspace at Eureka, NV. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Eureka Airport, Eureka, NV. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Proposed Amendment of Class E Airspace; Morrisville, VT
This action proposes to amend Class E Airspace at Morrisville, VT, as the Morrisville-Stowe Non-Directional Radio Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed at Morrisville-Stowe State Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Amendment of Class D and E Airspace; Portland-Hillsboro, OR
This action proposes to modify Class E airspace at Portland- Hillsboro Airport, Portland, OR, to accommodate aircraft departing and arriving under Instrument Flight Rule (IFR) operations at the airport. This action also would make a minor adjustment to the airport's geographic coordinates listed in Class D and Class E airspace. This action, initiated by the biennial review of the Portland-Hillsboro airspace area, would enhance the safety and management of aircraft operations at the airport.
Proposed Establishment of Class E Airspace; Wilbur, WA
This action proposes to establish Class E airspace at Wilbur Airport, Wilbur, WA. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Wilbur Airport, Wilbur, WA. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Pipeline Safety: Reporting of Exceedances of Maximum Allowable Operating Pressure
PHMSA is issuing this Advisory Bulletin to inform owners and operators of gas transmission pipelines that if the pipeline pressure exceeds maximum allowable operating pressure (MAOP) plus the build-up allowed for operation of pressure-limiting or control devices, the owner or operator must report the exceedance to PHMSA on or before the fifth day following the date on which the exceedance occurs. If the pipeline is subject to the regulatory authority of one of PHMSA's State Pipeline Safety Partners, the exceedance must also be reported to the applicable state agency.
Airworthiness Directives; Cessna Aircraft Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Cessna Aircraft Company (Cessna) (previously COLUMBIA or LANCAIR) Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. This proposed AD was prompted by reports that during maximum braking, if the brakes lock up and a skid occurs, a severe oscillatory yawing motion or ``wheel walk'' may develop, which could result in further significant structural damage to the airplane. This proposed AD would require insertions into the pilot's operating handbook (POH) and the airplane maintenance manuals (AMM) regarding proper use of the brakes and inspection of the aft fuselage. We are proposing this AD to correct the unsafe condition on these products.
Policy Statement on Occupational Safety and Health Standards for Aircraft Cabin Crewmembers; Extension of Comment Period
This action extends the comment period for a notice of availability that was published in the Federal Register on December 7, 2012. In that document, the FAA announced a proposed policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration. The comment period is scheduled to close on January 7, 2013. Several airline associations have requested that the FAA extend the comment period for an additional 30 days to allow time for their members to evaluate the impacts and implications of the proposed policy and prepare comments.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 757 and Model 767 airplanes. This proposed AD was prompted by a standby power relay failure and subsequent illumination of the ``STANDBY BUS OFF'' light, which led the flightcrew to set the standby power switch to the ``BAT'' position, isolating the battery and standby buses, disabling the battery charger, and eventually causing the main battery to be depleted. This proposed AD would require doing wiring changes and installing a new air/ground relay to the battery charger system. We are proposing this AD to prevent discharge of the main battery, which could result in multiple system degradation, reduced airplane controllability, and runway excursion upon landing.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt 14 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.
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