Department of Transportation March 2012 – Federal Register Recent Federal Regulation Documents

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.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of difficulties in opening the airstair door. This AD requires inspecting the structure and gearbox drain paths for blockages by sealant, and removing any blockages. We are issuing this AD to detect and correct drain paths blocked by sealant, resulting in an airstair door that is unable to be opened, which could hinder evacuation in the event of an emergency.

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes), and Model A310 series airplanes. This AD was prompted by a report of a crack in the selector valve pipe of the forward cargo door located in the avionics bay opposite the line replaceable unit racking. This AD requires replacing a certain aluminum high pressure pipe with a new corrosion resistant stainless steel pipe. We are issuing this AD to prevent cracking in the selector valve pipe of the forward cargo door which could impact the 90 VU avionics line replaceable unit, and could result in multiple computer failures, affecting flight safety.

When a shipper files a formal complaint that a railroad's rate is too high, the Surface Transportation Board (Board) must determine whether the challenged rate is reasonable. To present its case using the Board's procedures for small cases, the complaining shipper needs to obtain from the Board confidential information that the Board collects regarding the rates that the defendant railroad charges other shippers for similar shipments. Pursuant to the notice of proposed rulemaking published in the Federal Register on October 27, 2010, the Board is formalizing its rules with respect to the Three-Benchmark methodology for adjudicating simplified rate case complaints, making the most recent four years of this confidential information available to parties and permitting the parties to use any combination of the four years of confidential information when presenting their cases.

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need and usefulness of BTS collecting reports from air carriers on the aggregated indebtedness balance of a political candidate or party for Federal office. The reports are required when the aggregated indebtedness is over $5,000 on the last day of a month.

We propose to adopt a new airworthiness directive (AD) for Alpha Aviation Concept Limited Model R2160 airplanes. 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 oil lines fitted to affected aircraft are not fire resistant. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, - 900 and -900ER series airplanes. That NPRM proposed to require modifying the fluid drain path in the wing leading edge area, forward of the wing front spar, and doing all applicable related investigative and corrective actions. That NPRM was prompted by a report of leaking fuel from the wing leading edge area at the inboard end of the number 5 leading edge slat. This action revises that NPRM by including installing new seal disks on the latches in the fuel shutoff valve access door as part of the modification and by specifying that certain inspections are detailed inspections. This action also revises the applicability to include additional airplanes. We are proposing this AD to prevent flammable fluids from accumulating in the wing leading edge, and draining inboard and onto the engine exhaust nozzle, which could result in a fire. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200 and -200 freighter series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require modification of the control circuit for the fuel pumps for the center fuel tanks for certain airplanes, and center and rear fuel tanks for certain other airplanes. We are proposing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

This action amends Class E airspace at Sheridan County Airport, Sheridan, WY. Decommissioning of the Sheridan Tactical Air Navigation System (TACAN) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

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.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on January 5, 2012. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

Notice is hereby given of recent Board decisions concerning interstate household-goods moves. In a decision served January 21, 2011 (January 2011 Decision), the Board implemented a Congressional directive to enhance consumer protection in the case of loss or damage that occurs during interstate household-goods moves.\1\ The January 2011 Decision required movers to provide certain information concerning the two available cargo-liability options \2\ on the written estimate formthe first form that a moving company must give to a customerand tentatively raised the dollar value levels used in reimbursing a consumer under the replacement-value option for lost or damaged goods when the consumer had not declared in advance how much the goods were worth. In a decision served on January 12, 2012 (January 2012 Decision), the Board, after reviewing comments filed in response to the January 2011 Decision, modified the requirement in the January 2011 Decision that certain information be put on the estimate form, and it adopted the raised value levels. In particular, the estimate form will now require a shorter notice to be conspicuously placed to notify the consumer early on that it will need to select a liability option at a later time. The brief notice must also refer a potential customer to two sources of further information on the two liability levels and their meaning. Furthermore, the Board will require that movers include the lengthier Valuation Statement \3\ on the bill of lading. In addition, the Board affirmed that the charges for full-value protection when the customer does not provide a declared value for a shipment will be the higher of $6.00 per pound (which may be indexed annually) or $6,000. The Board also clarified other aspects of the January 2011 Decision, including the application of these changes to household-goods freight forwarders. Finally, the Board established April 2, 2011, as the effective date for moving companies to comply with the changes outlined in the two decisions. These Board decisions are available on the Board's Web site at www.stb.dot.gov.

FMCSA announces receipt of applications from seventeen 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.

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. The FMCSA requests approval to revise an ICR entitled, ``Designation of Agents, Motor Carriers, Brokers and Freight Forwarders (OMB Control Number 2126-0015),'' which is used to provide registered motor carriers, property brokers, and freight forwarders a means of meeting the Agency's process agent requirements. On November 29, 2011, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. The Agency did not receive any comments on the notice.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the Gaston East-West Connector, from I-85 west of Gastonia in Gaston County, North Carolina, to I-485 near the Charlotte-Douglas International Airport in Mecklenburg County, North Carolina. The Gaston East-West Connector is also known as State Transportation Improvement Program Project U-3321. Those actions grant licenses, permits, and approvals for the project.

In accordance with the National Environmental Policy Act (NEPA) of 1969, 42 United States Code Sec. 4321-4347 (as amended), Council on Environmental Quality (CEQ) NEPA implementing regulations (40 Code of Federal Regulations [CFR] Parts 1500-1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of and requesting comments on the Draft EA for the Launch and Reentry of SpaceShipTwo Reusable Suborbital Rockets at the Mojave Air and Space Port. The Draft EA was prepared to analyze the potential environmental impacts of issuing experimental permits and/or launch licenses to operate SpaceShipTwo Reusable Suborbital Rockets and WhiteKnightTwo carrier aircraft at the Mojave Air and Space Port in Mojave, California. Under the Proposed Action, the FAA would issue experimental permits and/or launch licenses to multiple operators for the operation of SpaceShipTwo and WhiteKnightTwo at the Mojave Air and Space Port. Both WhiteKnightTwo and SpaceShipTwo would be piloted during operations. The Mojave Air and Space Port comprises an area of approximately 3,000 acres in Kern County, California, and is east of the unincorporated town of Mojave. The Draft EA addresses the potential environmental impacts of implementing the Proposed Action and the No Action Alternative of not issuing an experimental permit and/or launch license for the operation of SpaceShipTwo and WhiteKnightTwo at the Mojave Air and Space Port. The FAA has posted the Draft EA on the FAA/AST Web site at https:// www.faa.gov/about/officeorg/headquartersoffices/ast/environme ntal/ review/permits/. A paper copy of the Draft EA may be reviewed for comment during regular business hours at the following locations:

The Federal Aviation Administration (FAA) will be holding a public meeting to discuss issuing a new Technical Standard Order (TSO). This TSO will define a minimum performance standard (MPS) for avionic surveillance equipment, for aircraft that are currently exempt from using ATC transponder and altitude reporting equipment or automatic dependent surveillance-broadcast (ADS-B Out) equipment as defined in Title 14 of the Code of Federal Regulations (14 CFR) Sec. Sec. 91.215 and 91.225. Meeting Dates and Location:

We are superseding two existing airworthiness directives (AD). One existing AD is for Airbus Model A319, A320, and A321 series airplanes without Airbus modification 26017. That AD currently requires replacing the flight warning computers (FWCs). The other existing AD is for Airbus Model A320 and A321 series airplanes on which Airbus modification 24612 or Airbus Service Bulletin A320-31-1080 has not been accomplished. That existing AD currently requires revising the limitations section of the airplane flight manual. This new AD requires replacing both FWC units with certain FWC units. This AD was prompted by in-service events of thrust lever mismanagement and a manufacturer analysis on the failure to follow procedure or heed existing cockpit cues. The analysis of the thrust lever management issue showed two categories of scenarios that could lead to thrust asymmetry during landing, with controllability and deceleration consequences. We are issuing this AD to prevent thrust asymmetry conditions which could result in loss of control of the airplane during landing.

The FHWA is issuing this notice to advise the public that a limited scope supplemental environmental impact statement (EIS) will be prepared for a proposed design change to an interstate highway improvement project in western Kittitas County, Washington.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

Projects funded under the Airport Improvement Program (AIP) must meet the requirements of 49 U.S.C. 50101, Buy American Preferences. The Federal Aviation Administration (FAA) is considering issuing waivers to foreign manufacturers of alternative fuel vans. This notice requests information from manufacturers of alternative fuel vans meeting Vehicle 1 Category requirements established in the Voluntary Airport Low Emission Program (VALE) to determine whether a waiver to the Buy American Preferences should be issued.

The Federal Transit Administration (FTA) announces the availability of approximately $15 million in funding provided by the Public Transportation on Indian Reservations Program (Tribal Transit Program (TTP)) subject to the availability of funds by Congress, a program authorized by Section 3013(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This notice is a national solicitation for project proposals and includes the selection criteria and program eligibility information for FY 2012 projects. The Surface and Air Transportation Programs Extension Act of 2011, Public Law No.112-30 continues the authorization of the Federal transit programs of the U.S. Department of Transportation (DOT) through March 31, 2012, and provides contract authority for this program equal to approximately one half of the amounts available in FY 2011. Subject to funding availability by Congress, FTA will fund the TTP with approximately $15 million. This announcement is available on the FTA Web site at: https:// www.fta.dot.gov. FTA may announce final selections on the Web site and in the Federal Register. Additionally, a synopsis of the funding opportunity will be posted in the FIND module of the government-wide electronic grants Web site at https://www.grants.gov.

We propose to supersede an existing airworthiness directive (AD) that applies to certain Piper Aircraft, Inc. (type certificate previously held by The New Piper Aircraft Inc.) Models PA-31T and PA- 31T1 airplanes. The existing AD currently requires correcting a model identification error on the aircraft data plate. Since we issued that AD, we have become aware that some owner/operators of the affected airplanes modified the aircraft data plate in error because of confusion in the serial number applicability. Because of the confusion, the manufacturer has issued new service information to clarify affected airplane serial numbers. This proposed AD would require determining the airplane model based on the serial number and modifying the aircraft data plate to properly identify the airplane model. This proposed AD would also require doing a detailed search for all applicable airworthiness related documents that apply to any airplane that has an incorrectly marked data plate and take necessary corrective actions based on the search findings. We are proposing this AD to correct the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for all Honeywell International, Inc. ALF502L-2C; ALF502R-3; ALF502R-3A; ALF502R-5; LF507-1F; and LF507-1H turbofan engines. This proposed AD was prompted by two reports of engines experiencing uncontained release of low-pressure (LP) turbine blades. This proposed AD would require operational checks of the engine overspeed trip system. We are proposing this AD to prevent LP turbine overspeed leading to uncontained release of the LP turbine blades and damage to the airplane.

The FAA intends to identify six test ranges/sites to integrate unmanned aircraft systems (UAS) into the National Airspace System (NAS). This pilot project is in direct response to a Congressional mandate. The FAA believes that designation of such UAS test sites will assist in the effort to safely and efficiently integrate UAS into the NAS and solicits feedback on this issue. This feedback will be utilized to help develop UAS test site requirements, designation standards, and oversight activity.