Department of Transportation May 17, 2012 – Federal Register Recent Federal Regulation Documents
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Rules of Practice for Federally-Assisted Airport Enforcement Proceedings (Retrospective Regulatory Review); Reopening of Comment Period
This action reopens the comment period for an NPRM that was published on March 5, 2012. In that document, the FAA proposed to update, simplify, and streamline rules of practice and procedure for filing and adjudicating complaints against federally-assisted airports. The Airports Council International-North America (ACI-NA), an association representing the local, regional and state governing bodies that own and operate the principal airports served by scheduled air carriers in North America, has requested additional time to complete its review and coordinate comments received from members that would be impacted by the proposed changes.
Petition for Exemption; Summary of Petition Received
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.
Petition for Exemption; Summary of Petition Received
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.
Control of Alcohol and Drug Use: Addition of Post-Accident Toxicological Testing for Non-Controlled Substances
Since 1985, FRA has conducted post-accident toxicological testing (post-accident testing) on blood, urine, and, if an employee is deceased, tissue samples from railroad employees involved in serious train accidents. If an accident qualifies for post-accident testing, FRA routinely conducts tests for alcohol, marijuana, cocaine, phencyclidine (PCP), and certain amphetamines, opiates, barbiturates, and benzodiazepines. FRA is proposing to add certain potentially impairing non-controlled substances to its standard post-accident testing panel because FRA's research indicates that use of prescription and over-the-counter (OTC) drugs, most of which are non-controlled substances, is prevalent among railroad employees.
Toyota Motor Corporation, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Toyota Motor North America, Inc., on behalf of Toyota Motor Corporation,\1\ and Toyota Manufacturing, Indiana, Inc.\2\ (collectively referred to as ``Toyota''), has determined that certain model year 2011 Toyota Sienna multipurpose passenger vehicles (MPV) manufactured between January 3, 2011 and February 11, 2011, do not fully comply with paragraph S9.5(a)(3) of Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child restraint anchorage systems. Toyota filed an appropriate report dated March 17, 2011, pursuant to 49 CFR Part 573 Defect and Noncompliance Responsibility and Reports.
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
This final rule makes technical amendments to Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Specifically, this document updates references to the Pipeline and Hazardous Materials Safety Administration (PHMSA) (formerly the Research and Special Programs Administration) regulations that are included in the requirements for pressure vessels and explosive devices used in occupant crash protection systems, such as air bags. As a result of various rulemakings that reorganized the relevant regulations, the references contained in FMVSS No. 208 are out of date. This final rule updates the references to the PHMSA regulations. This document also makes a correction to the air bag warning label requirements for vehicle dashboards and steering wheel hubs to make clear that the general warning label requirements for vehicles with air bags are superseded by different, specific requirements if the vehicle is certified to meet certain advanced air bag requirements. As written now, the general warning label requirements contain an explicit exception for the warning label requirements for vehicles certified to meet these advanced air bag requirements before December 1, 2003, but do not reference the warning label requirements for vehicles certified to meet these requirements on or after December 1, 2003. This document does not make any substantive changes to the requirements specified in FMVSS No. 208.
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 18 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; Diabetes Mellitus
FMCSA announces its decision to exempt 16 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.
Agency Information Collection Activities; Extension of a Currently Approved Collection; Training Certification for Entry-Level Commercial Motor Vehicle Operators
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 its review and approval, and invites public comment. The FMCSA has developed an improved estimate of the number of annual responses to this information collection. The result is an increase in the Agency's estimate of the total annual burden hours of this collection.
Airworthiness Directives; Hawker Beechcraft Corporation Airplanes
We are adopting a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Models 58 and G58 airplanes. This AD was prompted by installation of oversized clamps on fuel vapor return and/ or fuel vent lines in the outboard sections of the left and right wings. This AD requires inspecting for oversized or deformed fuel hose clamps and replacing as necessary. We are issuing this AD to correct the unsafe condition on these products.
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 February to April 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.
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.
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.
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; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200 freighter series airplanes; Model A330-200 and - 300 series airplanes; and Model A340-200 and -300 series airplanes. This AD was prompted by a report of corrosion found on the main fitting of the nose landing gear (NLG) leg in the vicinity of the dowel pin bushes retaining the lower steering flange. This AD requires modifying the NLG main fitting by adding primer paint to the cadmium around the dowel bush holes. We are issuing this AD to prevent NLG main fitting rupture, which could result in an NLG collapse.
Airworthiness Directives; Airbus Airplanes
We are superseding an existing airworthiness directive (AD) for certain Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232, and - 233 airplanes; and Model A321-111, -112, and -131 airplanes; equipped with an additional center tank (ACT). That AD currently requires identifying the part number of the ACT and, for certain ACTs, replacing the outer ACT manhole cover and seal. This new AD requires modifying certain ACTs by replacing the manhole seal with a new seal; adding certain ACT equipped airplanes to the applicability; and removing Model A320-111 airplanes from the applicability. This AD was prompted by reports that the modification required by the current AD was not fully effective. We are issuing this AD to prevent fuel and/or vapor leakage, which could result in a combustible fuel vapor/air mixture in the cargo compartment, and consequent fire risk.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777 airplanes. This AD was prompted by reports of fractured and missing latch pin retention bolts that secure the latch pins on the forward cargo door. This AD requires repetitive detailed inspections for fractured or missing latch pin retention bolts, replacement of existing titanium bolts with new Inconel bolts, and related investigative and corrective actions if necessary. We are issuing this AD to detect and correct fractured and missing latch pin retention bolts, which could result in potential separation of the cargo door from the airplane and catastrophic decompression of the airplane.
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