Department of Transportation July 2012 – Federal Register Recent Federal Regulation Documents
Results 201 - 224 of 224
Airworthiness Directives; Pratt & Whitney Canada Turboprop Engines
We are adopting a new airworthiness directive (AD) for all Pratt & Whitney Canada (P&WC) PW118, PW118A, PW118B, PW119B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW123AF, PW124B, PW125B, PW126A, PW127, PW127E, PW127F, PW127G, and PW127M turboprop engines. This AD requires initial and repetitive inspections of certain serial numbers (S/Ns) of propeller shafts for cracks and removal from service if found cracked. This AD was prompted by reports of two propeller shafts found cracked at time of inspection during maintenance. We are issuing this AD to detect propeller shaft cracks, which could cause failure of the shaft, propeller release, and loss of control of the airplane.
Hazardous Materials; Reverse Logistics (RRR)
PHMSA is publishing this ANPRM to identify ways to reduce the regulatory burden for persons who ship consumer products containing hazardous materials in the ``reverse logistics'' supply chain. Reverse logistics is the process that is initiated when a consumer product goes backwards in the distribution chain. It may be initiated by the consumer, the retailer, or anyone else in the chain. Therefore, the process may involve consumers, retailers, manufacturers, and even disposal facilities. Following this ANPRM, PHMSA anticipates publishing an NPRM that will propose to simplify the regulations for reverse logistics shipments and provide avenue means for regulatory compliance that maintains transportation safety. This action is part of DOT's retrospective plan under EO 13563 completed in August 2011 DOT's plan is available at: https://www.dot.gov/open/docs/dot-final-rrr-plan-08-23- 2011.pdf. To fully engage the broad spectrum of stakeholders affected by reverse logistics, this ANPRM solicits comments and input on several questions in the context of reverse logistics. Any comments, data, and information received will be used to evaluate and shape the proposals in the NPRM.
Nondiscrimination on the Basis of Disability in Air Travel: Draft Technical Assistance Manual
The Department of Transportation is updating its technical assistance manual (TAM) for airlines and passengers with disabilities concerning their rights and responsibilities under the Air Carrier Access Act (ACAA) and its implementing regulation. This draft updated TAM is being published in the Federal Register to insure a full opportunity for public comment before the document is published in final form.
Removal of the Part 67 Requirement for Individuals Granted the Special Issuance of a Medical Certificate to Carry Their Letter of Authorization While Exercising Pilot Privileges; Confirmation of Effective Date
This action confirms the effective date of the direct final rule published on March 22, 2012. The rule removes a regulatory provision under Federal Aviation Administration (FAA) medical certification standards that requires individuals granted the Special Issuance of a Medical Certificate (Authorization) to have their letter of Authorization in their physical possession or readily accessible on the aircraft while exercising pilot privileges.
Airworthiness Directives; Agusta S.p.A. Helicopters
We propose to supersede an existing airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A119 and AW119 MKII helicopters. The existing AD currently requires inspecting the pilot and copilot engine rotary variable differential transformer (RVDT) control box assemblies to determine if the control gear locking pin is in its proper position. Since we issued that AD, Agusta has developed a terminating action for this inspection. The proposed actions are intended to prevent failure of an RVDT control box assembly, loss of manual control of the engine throttle, and subsequent loss of control of the helicopter.
Recommendations from Airman Testing Standards and Training Aviation Rulemaking Committee (ARC)
This notice announces the availability of a report from the ARC, which presents recommendations to enhance the content, process, and methodology for development of aeronautical knowledge testing and training materials.
Removal of Category IIIa, IIIb, and IIIc Definitions; Confirmation of Effective Date and Response to Public Comments
This action confirms the effective date of the direct final rule published on February 16, 2012 (77 FR 9163), and responds to the comments received on that direct final rule. In that document, the FAA proposed to remove the definitions of Category IIIa, IIIb, and IIIc operations because the definitions are outdated and no longer used for aircraft certification or operational authorization.
Frank Sherman, FSCS Corporation, TMS West Coast, Inc.,
On June 4, 2012, Frank Sherman, an individual who controls motor passenger carriers, together with FSCS Corporation, a noncarrier holding company; TMS West Coast, Inc., a noncarrier holding company; Evergreen Trails, Inc. d/b/a Horizon Coach Lines (Evergreen), an interstate motor passenger carrier; and Cabana Coaches, LLC (Cabana), an interstate motor passenger carrier (collectively, Applicants) filed an application for approval under 49 U.S.C. 14303 to acquire the assets of 12 separate interstate motor passenger common carrier subsidiaries of noncarrier Coach America Holdings, Inc. (Coach America)American Charters, Ltd. (Charters); American Coach Lines of Jacksonville, Inc. (Coach-Jacksonville); American Coach Lines of Miami, Inc. (Coach- Miami); American Coach Lines of Orlando, Inc. (Coach-Orlando); CUSA ASL, LLC; CUSA BCCAE, LLC; CUSA CC, LLC; CUSA FL, LLC; CUSA GCBS, LLC; CUSA GCT, LLC; CUSA K-TCS, LLC; and Midnight Sun Tours, Inc. (Midnight Sun) (collectively, Coach America Subsidiaries)and to consolidate certain of those assets into Evergreen and others into Cabana. Specifically, the transaction contemplates that: (1) the assets of Charters; Coach-Jacksonville; Coach-Orlando; CUSA ASL, LLC; CUSA BCCAE, LLC; CUSA CC, LLC; CUSA FL, LLC; CUSA GCBS, LLC; CUSA GCT, LLC; and CUSA K-TCS, LLC, would be purchased by either FSCS or Evergreen to be operated under the Horizon Coach Lines name; and (2) the assets of Coach-Miami and Midnight Sun would be purchased by either FSCS or Cabana and consolidated into Cabana. Cabana would also adopt the d/b/a name ``Horizon Coach Lines,'' and the assets consolidated into Cabana would be operated under that name. Under an asset purchase agreement that was entered into on May 18, 2012, see infra, another company controlled by Sherman, Transportation Management Services, Inc. (TMS), obtained the right to purchase the Coach America Subsidiaries. TMS is to assign its right to purchase to either FSCS or to Evergreen and Cabana. If TMS assigns its right to purchase to Evergreen and Cabana, Cabana will receive the right to purchase the assets of Coach-Miami and Midnight Sun and Evergreen will receive the right to purchase the assets of all of the other Coach America Subsidiaries identified above. On June 6, 2012, Michael Yusim, an individual, filed a letter in opposition to the proposed transaction, asserting that the public interest would not be served by allowing the transaction to proceed until two cases before the Secretary of Labor (Secretary) are completed. On June 19, 2012, the Ventura County Transportation Commission (VCTC), a California public agency that operates a regional bus system with connections to municipal and local transit operators, filed a request for delay of the proposed acquisition of assets or for conditions. Copies of this notice will be served on Mr. Yusim and VCTC. Persons wishing to oppose the application must follow the rules set forth at 49 CFR 1182.5 and 1182.8.
Group Lotus Plc, Receipt of Petition for Temporary Exemption From an Advanced Air Bag Requirement of FMVSS No. 208
In accordance with the procedures in 49 CFR part 555, Group Lotus Plc has petitioned the agency for a temporary exemption from one advanced air bag requirement of FMVSS No. 208, the higher maximum speed (56 km/h (35 mph)) belted test requirement using 5th percentile adult female dummies for its Evora model. The basis for the application is that the petitioner avers compliance would cause it substantial economic hardship and that it has tried in good faith to comply with the standard.\1\ This notice of receipt of an application for a temporary exemption is published in accordance with statutory and administrative provisions. NHTSA has made no judgment on the merits of the application.
Advanced Braking Technologies That Rely on Forward-Looking Sensors; Request for Comments
The National Highway Traffic Safety Administration (NHTSA) has, for about two years, been studying advanced braking technologies that rely on forward-looking sensors to supplement driver braking or to actuate automatic braking in response to an impending crash. NHTSA believes these technologies show promise for enhancing vehicle safety by helping drivers to avoid crashes or mitigate the severity and effects of crashes. NHTSA is soliciting comments on the results of its research thus far to help guide its continued efforts in this area.
Assessment of Mediation and Arbitration Procedures
In a decision served on March 28, 2012, the Surface Transportation Board (Board) proposed regulations intended to increase the use of mediation and arbitration in lieu of formal adjudication to resolve disputes before the Board. Interested parties were asked to file written comments on these proposed regulations by May 17, 2012, and replies by June 18, 2012. The Board will hold a public hearing on August 2, 2012, to explore the issues raised in these comments and replies.
Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas Cylinders
Federal hazardous material transportation law preempts a private cause of action which seeks to create or establish a State common law requirement applicable to the design, manufacture, or marking of a packaging, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce when that State common law requirement would not be substantively the same as the requirements in the HMR. Federal hazardous material transportation law does not preempt a tort claim that a packaging, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material failed to meet the design, manufacturing, or marking requirements in the HMR or that a person who offered a hazardous material for transportation in commerce or transported a hazardous material in commerce failed to comply with applicable requirements in the HMR.
Draft Parachute Landing Area Standards
The Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT), invites the United States Parachute Association, skydiving businesses, airport operators, airport consultants, industry representatives and all other interested parties to review and comment on the draft ``Parachute Landing Area Standards'' contained in Change 19 to the Airport Design Advisory Circular (``AC''), AC 150/5300-13. This change establishes new standards and recommendations for parachute landing areas on airports. This action proposes to clarify the FAA policies and standards concerning access to federally obligated airports for parachute landing activities. It also proposes to clarify Grant Assurance No. 22, ``Economic Nondiscrimination,'' which is required of a sponsor as a condition of receiving a grant under the Airport Improvement Program (AIP), to incorporate these standards.
Public Hearing on Proposed Rule for Heavy Vehicle Electronic Stability Control Systems
On May 23, 2012, NHTSA published a notice of proposed rulemaking (NPRM) to require the installation of electronic stability control (ESC) systems on truck tractors and large buses. NHTSA is announcing a public hearing to provide an opportunity for the public to present oral testimony regarding the proposal. The oral testimony provided at the public hearing will be transcribed and placed in the docket for this rulemaking.
Notice to Rescind the Notice of Intent to Prepare an Environmental Impact Statement (EIS), Kootenai County, ID
The FHWA is issuing this notice to advise the public that the Notice of Intent published on May 27, 2005 (Volume 70, Number 102) to prepare an EIS for a proposed highway project in Kootenai County, Idaho is being rescinded.
Eighth Meeting: RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems-Small and Medium Sizes
The FAA is issuing this notice to advise the public of the eighth meeting of RTCA Special Committee 225, Rechargeable Lithium Battery and Battery SystemsSmall and Medium Sizes.
Air Traffic Procedures Advisory Committee
The FAA is issuing this notice to advise the public of its environmental review of four standard instrument departure procedures at LaGuardia International Airport (LGA). As required by the National Environmental Policy Act, an evaluation has been performed on the four proposed standard instrument departure procedures to determine the level of environmental review warranted. The FAA has elected to ``Categorically Exclude from further environmental review'' the four proposed departure procedures identified as GLDMN FOUR (RNAV) Runway 13, NTHNS TWO (RNAV) Runway 13, HOPEA ONE (RNAV) Runway 22, and JUTES ONE (RNAV) Runway 22.
Airworthiness Directives; the Boeing Company Airplanes
We are revising an earlier proposed airworthiness directive (AD) to supersede an existing AD for all The Boeing Company Model 767 airplanes. The existing AD currently requires repetitive inspections to detect discrepancies of the wiring and surrounding Teflon sleeves of the fuel tank boost pumps and override/jettison pumps; replacement of the sleeves with new sleeves, for certain airplanes; and repair or replacement of the wiring and sleeves with new parts, as necessary. The previous NPRM proposed to reduce the initial compliance time and repetitive inspection interval in the existing AD. The previous NPRM was prompted by fleet information indicating that the repetitive inspection interval in the existing AD is too long because excessive chafing of the sleeving continues to occur much earlier than expected between scheduled inspections. This action revises the previous NPRM by proposing a terminating action for the repetitive inspections, to eliminate wire damage. This action also removes certain airplanes from the applicability of the previous NPRM. We are proposing this supplemental NPRM to detect and correct chafing of the fuel pump wire insulation and consequent exposure of the electrical conductor, which could result in electrical arcing between the wires and conduit and consequent fire or explosion of the fuel tank. Since these actions impose an additional burden over that proposed in the previous NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by reports of the escape slide of the raft inflation system not deploying when activated due to the rotation of the cable guide in a direction which resulted in jamming of the inflation control cable. This proposed AD would require modifying the affected slide rafts. We are proposing this AD to prevent non-deployment of the inflation system of the escape slide raft, which could result in delayed evacuation from the airplane during an emergency, and consequent injury to the passengers.
Combined Drug and Alcohol Testing Programs
This rulemaking would allow air carrier operators and commuter or on-demand operators that also conduct commercial air tour operations to combine the drug and alcohol testing required for each operation into one testing program. The current rule requires those operators to conduct separate testing programs for their air tour operations. This results in an unnecessary duplication of effort. The intended effect of this rulemaking is to decrease operating costs by eliminating the requirement for duplicate programs while maintaining the level of safety intended by the current drug and alcohol testing regulations. This proposal would also clarify existing instructions within the rule, correct an inadvertent typographical error, clarify an existing requirement by rearranging its numerical order, and remove language that describes a practice that has been discontinued.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
We are superseding an existing airworthiness directive (AD) for all Rolls-Royce plc (RR) models RB211-Trent 970-84, 970B-84, 972- 84, 972B-84, 977-84, 977B-84, and 980-84 turbofan engines. That AD currently requires inspecting the intermediate-pressure (IP) shaft rigid coupling splines for wear resulting in rearward movement of the IP turbine. This AD requires the same inspections, and new inspections based on possible changes in wear rate. This AD was prompted by RR identifying wear beyond engine manual limits on the abutment faces of the splines. RR also determined that an additional IP shaft rigid coupling configuration requires inspection. We are issuing this AD to detect wear on the abutment faces of the splines, which could result in loss of disc integrity, an uncontained failure of the engine, and damage to the airplane.
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG (RRD) Turbofan Engines
We are rescinding an airworthiness directive (AD) for RRD BR700-715A1-30, BR700-715B1-30, and BR700-715C1-30 turbofan engines. The existing AD resulted from the need to reduce the published life limits of high-pressure (HP) turbine stage 1 discs, part numbers (P/Ns) BRH20130 and BRH20131, and HP turbine stage 2 discs, P/Ns BRH19423 and BRH19427. We are rescinding the existing AD because RRD has revised the approved published life limits of these parts to the same or higher limits as originally certified.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires inspecting parts or doing a records review to determine if certain trailing edge flap carriages are installed, doing repetitive inspections for corrosion, and flaking or missing thermal coating on suspect carriage spindles, and related investigative and corrective actions, if necessary; this AD also provides optional terminating action for the repetitive inspections. This AD was prompted by reports of corrosion found on carriage that are located on the outboard flaps. We are issuing this AD to detect and correct corrosion of the carriage spindle, which could result in a fracture; fracture of both the inboard and outboard carriage spindles, at the forward ends through the large diameters, on a single flap assembly, could adversely affect the continued safe flight and landing of the airplane.
Airworthiness Directives; Empresa Brasileria de Aeronáutica S.A. (EMBRAER) Airplanes
We are adopting a new airworthiness directive (AD) for certain Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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, which 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 AD to require actions to address the unsafe condition on these products.
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