Department of Transportation August 27, 2012 – Federal Register Recent Federal Regulation Documents

FMCSA confirms the effective date for its July 16, 2012, direct final rule concerning the period during which household goods (HHG) motor carriers must retain documentation of an individual shipper's waiver of receipt of printed copies of consumer protection materials. The direct final rule harmonized the retention period with other document retention requirements applicable to HHG motor carriers. FMCSA also amended the regulations to clarify that a HHG motor carrier is not required to retain waiver documentation from any individual shippers for whom the carrier does not actually provide services. The Agency did not receive any comments in response to the direct final rule and confirms the November 13, 2012, effective date of the rule.

FMCSA announces its decision to exempt 23 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.

The Federal Motor Carrier Safety Administration (FMCSA) amends the definition of ``gross combination weight rating'' (GCWR) in our regulations. The definition currently prescribes how the GCWR is calculated if the vehicle manufacturer does not include the information on the vehicle certification label required by the National Highway Traffic Safety Administration (NHTSA). The Agency has determined the definition should not include what is essentially guidance that is difficult for the motor carrier and enforcement communities to use. Therefore, FMCSA amends this definition to state that the GCWR is the value specified by the commercial motor vehicle manufacturer.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on June 12, 2012 (77 FR 35106).

We propose to rescind an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 737-600, -700, -700C, -800 and -900 series airplanes; and Model 757-200, -200PF, -200CB, and -300 series airplanes. The existing AD currently requires inspecting to determine if certain motor-operated shutoff valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. The existing AD also requires revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-21, No. 28-AWL- 22, and No. 28-AWL-24 (for Model 737-600, -700, -700C, -800 and -900 series airplanes); and No. 28-AWL-23, No. 28-AWL-24, and No. 28-AWL-25 (for Model 757-200, -200PF, -200CB, and -300 series airplanes). We issued that AD to prevent electrical energy from lightning, hot shorts, or fault current from entering the fuel tank through the actuator shaft, which could result in fuel tank explosions and consequent loss of the airplane. Since we issued that AD, we have received new data indicating that the existing AD addresses that safety concern, but also introduces a different unsafe condition.

We propose to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A300 B4-2C, B4-103, and B4- 203 airplanes; and Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, and B4-622R airplanes. The existing AD currently requires performing a one-time detailed visual inspection of the forward fitting at frame (FR) 40 on both sides of the airplane for cracks, and repair if necessary. Since we issued that AD, we have received reports that new cracks were found in the FR 40 forward fitting. This proposed AD would require repetitive detailed inspections of the forward fitting at FR 40 without nut removal, and a one-time eddy current or liquid penetrant inspection of the forward fitting at FR 40 with nut removal, and repair if necessary. We are proposing this AD to detect and correct cracking of the FR 40 forward fitting, which could result in a deterioration of the structural integrity of the frame.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, - 900, and -900ER series airplanes. That NPRM proposed to require, for certain airplanes, installing two warning level indicator lights on each of the P1-3 and P3-1 instrument panels in the flight compartment. That NPRM also proposed to require revising the airplane flight manual to remove certain requirements of previous AD actions, and to advise the flightcrew of the following changes: revised non-normal procedures to use when a cabin altitude warning or rapid depressurization occurs, and revised cabin pressurization procedures for normal operations. That NPRM was prompted by a design change in the cabin altitude warning system that would address the identified unsafe condition. This action revises that NPRM by adding airplanes to the applicability; adding airplanes to the installation requirement, including, for certain airplanes, replacing the existing P5-16 and P5-10 panels; and, for certain airplanes, replacing the basic P5-16 panel with a high altitude landing P5-16 panel. We are proposing this supplemental NPRM to prevent failure of the flightcrew to recognize and react to a valid cabin altitude warning horn, which could result in incapacitation of the flightcrew due to hypoxia (lack of oxygen in the body), and consequent loss of control of the airplane. Since these actions 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 these proposed changes.