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

The U.S. Department of Transportation's (DOT) Federal Transit Administration (FTA) announces the availability of funds in Fiscal Year (FY) 2012 for the Over-the-Road Bus Accessibility (OTRB) Program, initially authorized by Section 3038 of the Transportation Equity Act for the 21st Century (TEA-21). The OTRB program makes funds available to private operators of over-the-road buses to finance the incremental capital and training costs of complying with DOT's over-the-road bus accessibility regulation. The authorizing legislation calls for national solicitation of proposals, with grantees to be selected on a competitive basis. Program funds are available to intercity fixed-route providers and other OTRB providers at up to 90 percent of the project cost. The Surface and Air Transportation Programs Extension Act of 2011, Public Law 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. Approximately $8.8 million is expected to be available for the OTRB program discretionary allocation and may include other discretionary program funds that become available. The total amount of funding available will be contingent on Congressional authorization and appropriation prior to the selection of awardees, and based on the timing of such funding becoming available, may also include funding appropriated for Fiscal Year 2013.

The FAA is issuing this notice to advise the public of the thirteenth meeting of RTCA Special Committee 224, Airport Security Access Control Systems

This document grants in full the petition of General Motors Corporation (GM) for an exemption of the Buick Verano vehicle line in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted, because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541).

The Department of Transportation, Office of the Secretary, announces the second Semi-Annual Workforce Management Conference. The Conference will be hosted by the Secretary of Transportation, Ray LaHood. It will be held in Washington, DC. This conference was recommended by the former Future of Aviation Advisory Committee (FAAC).

This document announces a public meeting on a Notice of Proposed Rulemaking (NPRM) issued on July 15, 2011. The NPRM proposed changes regarding reporting of airline ancillary passenger revenues, computation of mishandled baggage rates, and collection of separate statistics for mishandled wheelchairs and scooters used by passengers with disabilities. During the public meeting, DOT staff will provide a summary of the proposals in the NPRM and seek input on costs and benefits associated with the implementation of the proposals.

FMCSA announces its decision to exempt seventeen 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.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This AD was prompted by reports of cracking in the upper wing skin at the fastener holes common to the pitch load fittings of the inboard and outboard front spar, which could result in the loss of the strut-to-wing upper link load path and possible separation of a strut and engine from the airplane during flight. This AD requires repetitive inspections to detect fatigue cracking in the wing skin, and corrective actions if necessary. We are issuing this AD to correct the unsafe condition on these products.

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 The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes equipped with analog transient suppression devices (ATSDs) installed in accordance with Supplemental Type Certificate ST00146BO. This AD was prompted by multiple reports of corrosion on ATSDs. This AD requires revising the maintenance program to incorporate certain limitations. We are issuing this AD to detect and correct corrosion on ATSDs, which could result in the loss of high voltage transient protection (e.g., lightning protection) in the fuel tanks and consequent fuel tank explosion and loss of the airplane.

The Federal Motor Carrier Safety Administration (FMCSA) amends its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings. The Agency clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim (NOC) or later in the proceeding, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. Additionally, the Agency establishes procedures for issuing out-of- service orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements; these procedures will provide for an administrative review before the out-of-service order takes effect. Finally, the Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.

The FHWA is issuing this notice to advise the public that we are rescinding the NOI published on November 5, 2004 to prepare an EIS for improvements that were proposed to the transportation system on US 62 in the cities of Youngstown and Hubbard in Mahoning and Trumbull Counties, Ohio.

On February 24, 2012, NHTSA published proposed voluntary NHTSA Driver Distraction Guidelines for in-vehicle electronic devices. The agency provided a 60-day comment period. We received a petition from the Alliance of Automobile Manufacturers requesting an extension of the comment period. The petitioner argued that additional time was needed to review information that was not placed in the docket when the proposed NHTSA Guidelines were published. After considering the petition, we are extending the comment period by 24 days, from April 24, 2012, to May 18, 2012.

Mitsubishi Motors North America, Inc. (Mitsubishi) \1\ has determined that an unknown number of replacement seat belts that it imported do not include the installation, usage and maintenance instructions required by paragraphs S4.1(k) and S4.1(l) of Federal Motor Vehicle Safety Standard (FMVSS) No. 209, Seat Belt Assemblies. Mitsubishi filed an appropriate report dated October 25, 2010, pursuant to 49 CFR Part 573 Defect and Noncompliance Responsibility and Reports.

This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic 45' and 55' Pre-stressed Spun Concrete Transmission and Distribution Power Poles in the Territory of Guam for synchronization of the existing system.

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 Maritime Administration announces that the Marine Transportation System National Advisory Council (MTSNAC) will hold a meeting to discuss recommendations to the Secretary on the integration of marine highways into the national transportation system and the development of a steady and reliable funding mechanism for port infrastructure development. A public comment period will commence at 1:30 p.m. on May 8, 2012. To provide time for as many people to speak as possible, speaking time for each individual will be limited to three minutes. Members of the public who would like to speak are asked to contact Richard J. Lolich by May 1, 2012. Commenters will be placed on the agenda in the order in which notifications are received. If time allows, additional comments will be permitted. Copies of oral comments must be submitted in writing at the meeting. Additional written comments are welcome and must be filed by May 11, 2012.

We propose to adopt a new airworthiness directive (AD) for certain Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 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 an inadequate amount of drain holes in the primary control surfaces (rudder, elevator, and aileron) and their tab surfaces may allow water to accumulate in the control surfaces. This condition could cause unbalanced flight control surfaces and reduced flutter margins, which could result in loss of control of the airplane. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

The National Highway Traffic Safety Administration (NHTSA) is announcing a technical symposium that will be held in Washington, DC on May 18, 2012 to discuss safety considerations for electric vehicles powered by lithium-ion (Li-ion) batteries. The symposium will include brief NHTSA presentations outlining current agency research and activities related to Li-ion batteries and Li-ion battery-powered vehicles, as well as presentations by the Department of Energy, voluntary standards bodies, and automotive and battery manufacturers. Information on the date, time, location, and framework for this public event is included in this notice. Because of space limitations, registration by May 11, 2012 is highly recommended. There are no fees to register or to attend this event.

This notice concerns two petitions for waiver submitted to the FAA by Space Exploration Technologies Corp. (SpaceX): a petition to waive the restriction that the risk to the public from the launch of an expendable launch vehicle not exceed an expected average number of 0.00003 casualties (Ec

To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, FRA is adjusting the aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA is increasing the aggravated maximum civil penalty (i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $100,000 to $105,000. The current minimum civil penalty per violation of $650 and the current ordinary maximum civil penalty per violation of $25,000 remain the same.

We are adopting a new airworthiness directive (AD) for certain Learjet Inc. Model 60 airplanes. This AD was prompted by two incidents of swapped fire extinguishing wires. This AD requires 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 issuing 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.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777-200 and -300 series airplanes. This AD was prompted by reports of two failures of the single-tabbed bracket on the rudder. This AD requires replacing certain single-tabbed bonding brackets in the airplane empennage with two-tabbed bonding brackets. This AD also requires, for certain airplanes, installing new bonding jumpers, and measuring the resistance of the modified installation to verify resistance is within specified limits. We are issuing this AD to prevent failure of the bonding jumper bracket, which could result in loss of lightning protection ground path, which could lead to increased lightning-induced currents and subsequent damage to composite structures, hydraulic tubes, and actuator control electronics. In the event of a lightning strike, loss of lightning ground protection could result in the loss of control of the airplane.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. This AD was prompted by reports of cracks found in the Web pockets of the wing center section (WCS) spanwise beams. This AD requires repetitive detailed inspections and high frequency eddy current inspections for cracks of the WCS spanwise beams, and repair if necessary. We are issuing this AD to detect and correct cracking in the WCS spanwise beams, which could result in reduced structural integrity of the wings.

We are adopting a new airworthiness directive (AD) for all Learjet Inc., Model 45 airplanes. This AD was prompted by changes to the Airworthiness Limitations Section (ALS) of the maintenance manual, which adds life-limits, revises life-limits, or adds inspections not previously identified. This AD requires revising the maintenance program to include new or more restrictive life-limits and inspections. We are issuing this AD to limit exposure of flight critical components to corrosion, cracking, or failure due to life-limits, which if not corrected, could result in loss of roll control, fatigue cracking, or loss of structural components.