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

FRA announces the second meeting of the NECSC, a Federal Advisory Committee mandated by Section 212 of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA). The NECSC is made up of stakeholders operating on the Northeast Corridor (NEC), and the purpose of the Committee is to provide annual recommendations to the DOT Secretary. NECSC's meeting topics will include: Positive Train Control update presentations from NEC railroads, Transportation Security Administration NEC security initiatives, aging electric traction infrastructure, the Americans with Disabilities Act requirements, and a general discussion of safety issues.

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB412 helicopters with certain tail rotor blades (blades) installed. This AD requires, before further flight, removing and replacing each affected blade with an airworthy blade. This AD is prompted by incidents where a blade tip weight separated from a blade in flight on other model helicopters with common part-numbered blades. It has been determined that this unsafe condition may also exist on the specified Agusta model helicopters. The actions specified in this AD are intended to prevent loss of the blade tip weight, loss of a blade, and subsequent loss of control of the helicopter.

We are superseding an existing airworthiness directive (AD) for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model L-1011-385-1, L-1011-385-1-14, and L-1011-385-1-15 airplanes. That AD currently requires implementation of a Supplemental Inspection Document (SID) program of structural inspections to detect fatigue cracking, and repair if necessary, to ensure continued airworthiness of these airplanes as they approach the manufacturer's original fatigue design life goal. This new AD adds Model L-1011-385-3 airplanes to the applicability, changes certain inspection thresholds, adds three new structurally significant details (SSDs), and removes an SSD that has been addressed by a different AD. This AD was prompted by an evaluation by the manufacturer of usage and flight data that provided additional information about certain SSDs where fatigue damage is likely to occur. We are issuing this AD to prevent fatigue cracking that could compromise the structural integrity of these airplanes.

We are superseding an existing airworthiness directive (AD) for all 328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 airplanes. That AD currently requires performing a detailed visual inspection of the cockpit door locking device and the surrounding area for proper installation, and corrective action if necessary. This new AD requires removing or replacing the locking device of the cockpit door; performing operational tests, and repair if necessary; and, for certain airplanes, installing gap filler parts. This AD was prompted by a report that a right-hand power lever jammed in flight-idle position during the landing roll-out, and the airplane was stopped by excessive braking. We are issuing this AD to detect and correct interference with the engine and flight control cables, which could result in reduced controllability of the airplane.

The FAA published a final rule on January 4, 2012 that amends the existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members. Since then, the FAA has received questions from stakeholders concerning the provisions of the final rule. In response to these questions, the FAA is issuing this document, which announces the procedures for submitting clarifying questions to the final rule.

The FAA is correcting a notice of proposed rulemaking that published in the Federal Register on March 5, 2012 (77 FR 13027). In that document, the FAA proposed to amend its regulations to update, simplify, and streamline rules of practice and procedure for filing and adjudicating complaints against federally-assisted airports. This correction clarifies that the notice number for that proposed rulemaking is 12-02.

We propose to adopt a new airworthiness directive (AD) for all Eurocopter France (EC) Model SA-365N, SA-365N1, SA-366G1, AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters. This proposed AD was prompted by the discovery of a cracked main rotor mast nut. This condition, if not corrected, could lead to complete failure of the mast nut, resulting in failure of the rotor mast and loss of control of the helicopter. This proposed AD would require replacing the main rotor mast nut with an airworthy main rotor mast nut. We are proposing this AD to prevent failure of the main rotor mast and subsequent loss of control of the helicopter.

Bridgestone Americas Tire Operations, LLC, (Bridgestone),\1\ has determined that certain Firestone Transforce AT, size LT265/70R17, light truck replacement tires manufactured between November 20, 2011 and December 10, 2011, do not fully comply with paragraph S5.5(d) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. Bridgestone has filed an appropriate report dated January 9, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

North American Trucks (NAT) on behalf of Volvo Trucks North America (VTN) and Mack Trucks, Inc. (MTI) \1\ has determined that certain 2008 through 2010 Volvo VHD model, 2008 and 2009 Volvo VHL model, 2008 and 2009 Volvo VNL model, 2008 Volvo VT model, and 2008 through 2010 Mack CHU, CXU and GU model trucks that were built with certain Meritor WABCO Vehicle Control Systems (Meritor WABCO) ABS Modulator valves fail to meet the requirements of paragraph S5.3.4.1(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. VTN and MTI filed appropriate reports pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports; the original submissions were dated April 30, 2010, and corrected versions were dated May 28, 2010.

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.

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.

The Department of Transportation is issuing a final rule to amend its regulations to exempt portions of a newly established or updated and reissued system of records titled, ``DOT/ALL 24 Departmental Office of Civil Rights System'' from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ``DOT/ALL 24Departmental Office of Civil Rights System'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This action proposes to amend Class E airspace at Livingston, Mission Field Airport, Livingston, MT. Decommissioning of the Livingston 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 action amends Class E airspace at Springfield Municipal Airport, Springfield, CO. Decommissioning of the Tobe 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 action amends Class E airspace at Hugo, CO. Decommissioning of the Hugo Tactical Air Navigation System (TACAN) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations in the vicinity of the Hugo VHF Omni- Directional Radio Range/Distance Measuring Equipment (VOR/DME). This action also makes a minor adjustment to the geographic coordinates of the VOR/DME and makes a correction to the regulatory text. Also, the legal description is better clarified at the request of the National Aeronautical Navigation Services (NANS).

This action modifies Class E airspace at Willcox, AZ, and removes Class E airspace at Cochise, AZ. The airspace designation listed as Cochise, AZ, is combined with Cochise County Airport, Willcox, AZ. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Cochise County Airport, Willcox, AZ. Decommissioning of the Cochise VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC) has made this action necessary for the safety and management of aircraft operations at the airport.

The Federal Transit Administration (FTA) and the Research Triangle Regional Public Transportation Authority, dba ``Triangle Transit,'' intend to prepare an Environmental Impact Statement (EIS) to study a proposed premium transit service corridor in Durham and Orange Counties, North Carolina. The EIS will be prepared in accordance with the National Environmental Policy Act (NEPA: 42 U.S.C. 4321 et seq.) of 1969 and the regulations implementing NEPA set forth in 40 CFR Parts 1500-1508 and 23 CFR Part 771, as well as provisions set forth in the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The purpose of this Notice is to: (1) Advise the public that FTA is serving as the lead Federal agency; (2) provide information on the proposed project, purpose and need for the project, and alternatives to be considered; and (3) invite public and agency participation in the EIS process.

FMCSA announces that it will hold a public listening session to solicit information, concepts, ideas, and comments on Electronic On- Board Recorders (EOBRs) and the issue of driver harassment. Specifically, the Agency wants to know what factors, issues, and data it should consider as it addresses the distinction between productivity and harassment: What will prevent harassment from occurring; what types of harassment already exist; how frequently and to what extent harassment happens; and how an electronic device such as an EOBR, capable of contemporaneous transmission of information to a motor carrier, will guard against (or fail to guard against) harassment. Additionally, the Agency will solicit concepts, ideas, and comments from enforcement personnel on the hours-of-service (HOS) information they would need to see on the EOBR display screen to effectively enforce the HOS rules at the roadside and the type of evidence they would need to retain in order to support issuing drivers citations for HOS violations observed during roadside inspections. This session will be held in Bellevue, Washington (WA), and will allow interested persons to present comments, views, and relevant new research that FMCSA should consider in development of Supplemental Notice of Proposed Rulemaking (SNPRM). This listening session will be recorded and a transcript of the session will be placed in the docket for FMCSA's consideration. The listening session will also be webcast via the Internet and will allow for email interactivity during the webcast.

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.

The U.S. Department of Transportation's Office of Transportation Services (TRANServe), located within the Office of the Assistant Secretary for Administration, has initiated the adoption of a new program distribution methodology for transit benefits. TRANServe has shifted to electronic fare media in specific areas in New York, parts of the National Capitol Region, and parts of the Southeast. TRANServe intends to implement electronic fare media across the United States within the eight TRANServe Geographic Service Areas as it ensures that the implementation in each area will be consistent with applicable statutes and regulations. The implementation of electronic distribution, and a limited paper voucher process, allows for the most effective and efficient mechanism for the qualified transportation fringe benefit.

We propose to adopt a new airworthiness directive (AD) for all Saab AB, Saab Aerosystems Model 340A (SAAB/SF340A) and SAAB 340B Airplanes. This proposed AD was prompted by reports indicating that wear of the elevator pushrods have occurred on some airplanes after extended time in service. This proposed AD would require determining if a certain part number is installed, performing a detailed inspection for individual play between the elevator pushrod assembly and degradation of elevator pushrod assembly, and replacing the affected elevator pushrod assembly with a new elevator pushrod assembly if necessary. We are proposing this AD to prevent a free elevator from affecting the pitch control authority, which may result in reduced controllability of the airplane.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding that VIH Cougar Helicopters, Inc. is not a U.S. citizen as defined in 49 U.S.C. 40102(a)(15) and canceling its Part 298 exemption authority.