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

This document corrects an error that appeared in Docket No. NM438, Special Conditions No. 25-423-SC, which were published in the Federal Register on March 28, 2011. The error resulted in the omission of two paragraphs of text in The Special Conditions section.

The OSDBU invites the public to comment about our intention to request the Office of Management and Budget's (OMB) approval to renew an information collection. The collection involves the use of the SBTRC Regional Field Offices Intake Form (DOT F 4500) and the SBTRC Regional Field Offices Quarterly Report Form (DOT F 4502). On January 31, 2012, OSDBU published a 60-day notice in the Federal Register (Vol. 77, No. 20) (Formerly Docket Number DOT-OST-2008-0182), informing the public of OSDBU's intention to extend an approved information collection. The collection involves the use of the Regional Field Offices Intake Form (DOT F 4500), which documents the type of assistance provided to each small business that is enrolled in the program database. The use of the Regional Field Office Quarterly Report Form (DOT F 4502) highlights activities such as counseling, marketing, meetings/conferences, and services to businesses as completed during the quarter. The Quarterly Report Form provides a more composite and comprehensive review of the Field Offices over a longer time frame. The information will be used to ascertain whether the program is providing services to its constituency, the small business community, and is done so in a fair and equitable manner. The information collected is necessary to determine whether small businesses are participating in DOT funded and DOT assisted opportunities. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995, Public Law 104-13.

We propose to supersede an existing airworthiness directive (AD) for all Airbus Model A318-111 and -112 airplanes; and all Model A319, A320, and A321 series airplanes. The existing AD currently requires revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Since we issued that AD, Airbus has issued more restrictive maintenance requirements and/or airworthiness limitations. This proposed AD would revise the maintenance program to incorporate revised fuel maintenance and inspection tasks, and add airplanes to the applicability. 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 a fuel tank explosion and consequent loss of the airplane.

We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 777-200, -200LR, -300, and -300ER series airplanes. The existing AD currently requires inspecting for scribe lines in the skin along lap joints, butt joints, certain external doublers, and the large cargo door hinges, and related investigative and corrective actions if necessary. Since we issued that AD, we have determined that scribe lines could occur where external decals are installed or removed across lap joints, large cargo door hinges, or external doublers. This proposed AD would add inspecting for scribe lines where external decals have been applied or removed across lap joints, large cargo door hinges, and external doublers, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct scribe lines which can develop into fatigue cracks in the skin. Undetected fatigue cracks can grow and cause sudden decompression of the airplane.

We are adopting a new airworthiness directive (AD) for all Rolls-Royce plc (RR) RB211-Trent 800 series turbofan engines. This AD requires removal from service of certain critical engine parts based on reduced life limits. This AD was prompted by RR adding a new flight profile and an associated set of life limits. We are issuing this AD to prevent the failure of critical rotating parts, which could result in uncontained failure of the engine and damage to the airplane.

This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(1)(1). The actions relate to a proposed highway project: the U.S. 60 Capacity and Safety Improvement Project between Morganfield and Henderson in Union and Henderson Counties, Kentucky (KYTC Item Nos. 2-79, 2-122, 2-123).

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The proposed changes will update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; Dangerous Cargo; Information and Reports; General; and, Navigation Closing Procedures. These proposed amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Several of the proposed amendments are merely editorial or for clarification of existing requirements.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 19, 2012, 77 FR 16115.

We are revising an earlier proposed airworthiness directive (AD) for certain the Boeing Company Model 737-600, -700, -700C, -800, and -900 series airplanes. That NPRM proposed to inspect for part numbers of the operational program software of the flight control computers, and corrective actions if necessary. That NPRM was prompted by reports of undetected erroneous output from a single radio altimeter channel, which resulted in premature autothrottle retard during approach. This action revises that NPRM by also proposing to supersede an existing AD. We are proposing this supplemental NPRM to detect and correct an unsafe condition associated with erroneous output from a radio altimeter channel, which could result in premature autothrottle landing flare retard and the loss of automatic speed control, and consequent loss of control of the airplane. Since the proposal to now supersede an existing AD may 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 this proposed change.

On April 5, 2010, PHMSA issued an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register [75 FR 17111] under Docket No. PHMSA-2009-0241 (HM-242) soliciting comments on whether PHMSA should consider harmonization of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable to the transportation of combustible liquids with the UN Recommendations, while maintaining an adequate level of safety, and posed a series of questions. The major issues being examined and addressed are: Safety (hazard communication and packaging integrity); International commerce (frustration/delay of international shipments in the port area); Increased burden on domestic industry (elimination of domestic combustible liquid exceptions); and Driver Eligibility (exception from placarding which would exempt seasonal workers from the Federal Motor Carrier Safety Administration's Commercial Driver's License (CDL) and Hazmat Endorsement requirements, and the Transportation Security Administration's (TSA) fingerprinting and background check provisions). PHMSA also addressed three petitions for rulemaking in the April 5 ANPRM; two suggesting that domestic requirements for the transportation of combustible liquids should be harmonized with International standards, and one suggesting that the HMR should include more expansive domestic exceptions for shipments of combustible liquids. The issuance of this notice constitutes a decision by PHMSA to withdraw the April 5, 2010 ANPRM, and to deny the International Vessel Operators Dangerous Goods Association (IVODGA) petition, P-1498, the Dangerous Goods Advisory Council (DGAC) petition, P- 1531, and the U.S. Customer Harvesters, Inc. petition, P-1536.

The FAA is issuing this notice to advise federal, state, and local government agencies and the public that the FAA is withdrawing its Notice of Intent to prepare an Environmental Impact Statement (EIS) for proposed capacity improvements at the George Bush Intercontinental Airport (IAH). The Houston Airport System (HAS), the sponsor of the proposed improvements, has requested that the EIS be terminated because the need for the proposed capacity improvements no longer exists. The HAS noted that arrival and departure delays at IAH have been decreasing and stated that IAH is currently one of the least delayed large hub airports in the United States.

FMCSA announces its decision to grant RockTenn an exemption from the driver hours-of-service (HOS) provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). This limited exemption is for RockTenn's shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products short distances between its shipping and receiving locations on a public road. The exemption is restricted to a specific route. RockTenn requested an exemption from the HOS regulation that prohibits drivers from operating property-carrying commercial motor vehicles (CMVs) after the 14th hour of coming on duty. This exemption will allow these individuals to occasionally work up to 16 consecutive hours and be allowed to return to work with less than the mandatory 10 consecutive hours off duty.

FMCSA announces its decision to exempt thirteen individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

We are superseding an existing airworthiness directive (AD) for all RR RB211-Trent 553-61, 553A2-61, 556-61, 556A2-61, 556B-61, 556B2-61, 560-61, 560A2-61, 768-60, 772-60, 772B-60, 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 turbofan engines. That AD currently requires inspecting the intermediate-pressure (IP) compressor rotor shaft rear balance land for cracks. This new AD continues to require initial inspections, adds additional inspections, and a mandatory terminating action. This AD was prompted by additional cracking on RB211-Trent 700 and RB211-Trent 800 IP compressor rotor shafts found since the existing AD was issued. We are issuing this AD to detect cracking on the IP compressor rotor rear balance land. IP compressor rotor rear balance land cracking can lead to uncontained failure of the rotor and damage to the airplane.

FMCSA announces that the National Association of the Deaf (NAD) has applied for exemptions on behalf of 45 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on NAD's request. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant the NAD's request after reviewing the public comments submitted in response to this notice, the exemptions would enable these 45 individuals to qualify as drivers of CMVs in interstate commerce without meeting the Federal hearing standard.

We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Canada Limited (BHTC) Model 427 helicopters which requires replacing certain tailboom attachment hardware and at certain intervals thereafter, determining the torque of that tailboom attachment hardware. This AD was prompted by a review of the tailboom attachment installation, which revealed that the torque value of the bolts specified in the BHTC Model 427 Maintenance Manual and applied during manufacturing was incorrect and exceeded the torque range recommended for the bolts. The actions are intended to prevent an over- torque of the tailboom attachment bolt (bolt), bolt failure, loss of the tailboom, and subsequent loss of control of the helicopter.

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.

We are superseding an existing airworthiness directive (AD) for certain Piper Aircraft, Inc. (type certificate previously held by The New Piper Aircraft Inc.) Models PA-31T and PA-31T1 airplanes. That 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 new AD requires determining the airplane model based on the serial number and modifying the aircraft data plate to properly identify the airplane model. This new AD also requires 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 issuing this AD to correct the unsafe condition on these products.