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

FMCSA issues regulatory guidance to clarify that a co-driver may make entries to an automatic on-board recording device (AOBRD) while a commercial motor vehicle (CMV) is in motion. The prohibition in 49 CFR 395.15 against making entries to an AOBRD while the vehicle is in motion pertains only to the current driver. This guidance responds to recent inquiries from manufacturers of recording devices concerning updates to the duty status of co-drivers making the transition from the passenger seat to the sleeper berth or vice versa.

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 FAA is correcting a final rule published on November 15, 2010. That rule required design approval holders of certain existing airplanes and all applicants for type certificates of future transport category airplanes to establish a limit of validity of the engineering data that supports the structural maintenance program (hereinafter referred to as LOV). It also required that operators of any affected airplane incorporate the LOV into the maintenance program for that airplane. This document corrects errors in codified text of that document.

On March 27, 2012, FMCSA announced planned improvements to the Carrier Safety Measurement System (SMS). A preview of these improvements and their potential effects on a motor carrier's status has been available to motor carriers and law enforcement since publication of the notice. The system changes were scheduled to be implemented for use in prioritizing FMCSA and State intervention resources and made available to the public on the SMS public Web site in July 2012. However, based on feedback received by the Agency, FMCSA extends the comment period for motor carriers and law enforcement to July 30, 2012.

We are superseding an existing airworthiness directive (AD) for certain Continental Motors, Inc. (CMI) models TSIO-520, TSIO-550-K, TSIOF-550K, and IO-550-N series reciprocating engines with new or rebuilt CMI starter adapters installed between January 1, 2011 and November 20, 2011. That AD currently requires replacing affected CMI starter adapters with starter adapters eligible for installation. This AD requires the same actions, but to an expanded population of reciprocating engines. This AD was prompted by two additional reports received of fractures in starter adapter gear shafts in certain additional part number (P/N) CMI starter adapters since we issued the existing AD. We are issuing this AD to prevent starter adapter gear shaft failure which could cause oil scavenge pump failure and engine in-flight shutdown.

This action changes the designated controlling agency for restricted area R-2502E, Fort Irwin, CA, from the Federal Aviation Administration, High-Desert Terminal Radar Approach Control (TRACON), Edwards, CA, to FAA, Los Angeles Air Route Traffic Control Center (ARTCC). This change will improve the efficiency of air traffic operations in the vicinity of Fort Irwin, CA.

In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing to amend the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; clarify an acceptable range in specifications for resins used in the manufacture of plastic drums and Intermediate Bulk Containers (IBCs); remove the listing for ``Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol, NA1203''; harmonize internationally and provide a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allow smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material to relax the regulatory requirements for these materials without compromising safety; and provide greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides ``on or near the vessel's bridge'' while the vessel is in a United States port.

This action amends the description of restricted area R-2101, Anniston Army Depot, AL, by removing the abbreviation ``CST'' from the time of designation, and by including a controlling agency for the restricted area. This amendment does not change the dimensions of, or activities conducted within, R-2101.

The Board grants an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP) to construct and operate 10.8 miles of previously abandoned rail right-of-way between Wallaceton Junction, PA., and Winburne, PA., subject to environmental mitigation. The rail line would be used with another segment by RJCP to serve a new waste-to-ethanol facility, quarry, and industrial park currently being developed by Resource Recovery, LLC near Gorton, PA., as well as several other shippers located along the line that are interested in the availability of rail service.

The FAA is correcting a notice of extension to the order published on April 4, 2011 (76 FR 18616). In that notice, the FAA extended the order limiting operations at LaGuardia Airport until the final Congestion Management Rule for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 26, 2013. This document corrects errors in the amended order text of that document.

This action proposes to establish Class E Airspace at Quakertown, PA, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Quakertown Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

The purpose of this notice is to publish changes in the Fixed Residential Moving Cost Schedule for the States and Territories of Alabama, Arkansas, California, Colorado, Delaware, Guam, Illinois, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming as provided for by section 202(b) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), 42 U.S.C. 4622(b). The schedule amounts for the States and Territories not listed above remain unchanged from the amounts published on July 23, 2008, at 73 FR 42895. The Uniform Act applies to all programs or projects undertaken by Federal agencies or with Federal financial assistance that cause the displacement of any person.

This document proposes to establish a new Federal Motor Vehicle Safety Standard No. 136 to require electronic stability control (ESC) systems on truck tractors and certain buses with a gross vehicle weight rating of greater than 11,793 kilograms (26,000 pounds). ESC systems in truck tractors and large buses are designed to reduce untripped rollovers and mitigate severe understeer or oversteer conditions that lead to loss of control by using automatic computer- controlled braking and reducing engine torque output. In 2012, we expect that about 26 percent of new truck tractors and 80 percent of new buses affected by this proposed rule will be equipped with ESC systems. We believe that ESC systems could prevent 40 to 56 percent of untripped rollover crashes and 14 percent of loss-of-control crashes. By requiring that ESC systems be installed on truck tractors and large buses, this proposal would prevent 1,807 to 2,329 crashes, 649 to 858 injuries, and 49 to 60 fatalities at less than $3 million per equivalent life saved, while generating positive net benefits.

The FAA is announcing public meetings to gather additional technical input on the subject of exemptions relating to the LHFE. Input gathered will aid in developing future FAA guidance for evaluating LHFE petitions for exemption. Prior to the public meetings, the FAA is seeking public comment on the guidance.

On February 14, 2012, the FAA Modernization and Reform Act of 2012 (FMRA) was signed into law (Pub. L. 112-95). Section 813 permits the Administrator of the Federal Aviation Administration (FAA) to declare certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport to be revenue greater than the amount needed to carry out the five-year projected maintenance needs of the airport in order to comply with the applicable design and safety standards of the Administration. Although the FMRA directed the FAA to promulgate regulations to carry out Section 813 not later than 90 days after the date of enactment, the authorizing committees agreed to support the FAA's request to issue guidance in lieu of a formal rulemaking due to the time limits imposed by the statute. This notice contains the FAA's proposed guidance developed to carry out Section 813 and offers the public an opportunity to comment.

We propose to adopt a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E and Model A109S helicopters with certain lower semichannel assemblies installed. This proposed AD results from reported cases of damage to the main drive shaft caused by improperly secured metallic spacers on some A109 model helicopters. This proposed AD would require a one-time inspection of the lower semichannel assemblies to determine if metallic spacers are installed. If the metallic spacers are installed, this proposed AD would require an inspection for the correct installation of the metallic spacers on the semichannels and for the correct seating of the gaskets. If the metallic spacers are not installed with rivets, the lower semichannel assemblies would be required to be modified, and the main drive shaft would be inspected for damage. The actions specified by this proposed AD are intended to detect missing spacer rivets, which could allow the metallic spacers to rotate and lead to damage and failure of the main drive shaft, and subsequent loss of helicopter control.

We propose to adopt a new airworthiness directive (AD) for Bell Helicopter Textron (BHT) Model 412, 412EP, and 412CF helicopters. This proposed AD is prompted by a reported failure of a collective lever. These proposed actions are intended to detect a crack in the collective lever, which could lead to failure of the collective lever and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A300 B4-600 and A300 B4-600R, Model A300, and Model A310 series airplanes. This proposed AD was prompted by reports of fatigue cracking in the crossbeams at the junction of the actuator beam of the lower deck cargo door. This proposed AD would require repetitive inspections of the crossbeams of certain fuselage frames, and repair if necessary. We are proposing this AD to detect and correct cracking of the crossbeams at the junction of the actuator beam of the lower deck cargo door, which could result in failure to withstand ultimate load conditions, and consequent reduced structural integrity of the airplane.

This action amends Class E airspace at Rock Springs-Sweetwater County Airport, Rock Springs, WY. Decommissioning of the Rock Springs 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 also adjusts the geographic coordinates of the airport.

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.

This action amends Class E airspace at Baraboo, WI. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Reedsburg Municipal Airport. The geographic coordinates of the airport also are adjusted. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. The Airspace Docket No. is corrected to 11-AGL-29.

This action amends Class E airspace for Springhill, LA. Decommissioning of the Springhill non-directional beacon (NDB) at Springhill Airport has made this action necessary to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. The geographic coordinates of the airport also are adjusted.

This action proposes to amend Class D airspace at Sault Ste Marie, ON. Additional controlled airspace is necessary to coincide with the Canadian control zone over Sault Ste Marie Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.