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

This document adopts fees for Fiscal Year 2013 and until further notice, as authorized by 49 U.S.C. 30141, relating to the registration of importers and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS). These fees are needed to maintain the registered importer (RI) program. We are increasing the fees for the registration of a new RI from $795 to $805 and the annual fee for renewing an existing registration from $670 to $676. The fee to reimburse Customs for conformance bond processing costs will decrease from $9.93 to $9.09 per bond. The fee for the review, processing, handling, and disbursement of cash deposits that are submitted in lieu of a conformance bond will decrease from $514 to $495. We are decreasing the fees for the importation of a vehicle covered by an import eligibility decision made on an individual model and model year basis. For vehicles determined eligible based on their substantial similarity to a U.S. certified vehicle, the fee will decrease from $158 to $101. For vehicles determined eligible based on their capability of being modified to comply with all applicable FMVSS, the fee will also decrease from $158 to $101. The fee for the inspection of a vehicle will remain $827. The fee for processing a conformity package will decrease from $17 to $12. If the vehicle has been entered electronically with Customs through the Automated Broker Interface (ABI) and the RI has an email address, the fee for processing the conformity package will continue to be $6, provided the fee is paid by credit card. If NHTSA finds that the information in the entry or the conformity package is incorrect, the processing fee will remain $57, representing the fee that is currently charged when there are one or more errors in the ABI entry or omissions in the statement of conformity.

This action proposes to establish Class D airspace at Bryant Army Airfield (AAF), Anchorage AK. Controlled airspace is necessary due to an increase in the complexity, volume and variety of aircraft in the immediate vicinity of Bryant AAF. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

We are adopting a new airworthiness directive (AD) for Eurocopter France Model EC155B and EC155B1 helicopters with a VIP 4- seat bench to require revising the Limitations section of the Rotorcraft Flight Manual (RFM) and converting the VIP 4-seat bench into a 3-seat configuration. This AD was prompted by the determination that the load strength of the seat attachment hardware of the seat installation does not meet certification specifications. The required actions are intended to prevent overloading of the seat structure at the attachment point during a hard landing or emergency landing, which could result in the VIP 4-seat bench detaching from the floor and subsequent injury to the seat occupants.

This action proposes to modify Class E airspace at Pullman/ Moscow Regional Airport, Pullman, WA. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Pullman/Moscow Regional Airport, Pullman, WA. Also, the Pullman navigation aid would be removed from the airspace designation. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by a report of an approximate 8-inch crack found in the fuselage skin under the aft drain mast. This proposed AD would require a detailed inspection for cracking and corrosion of the channel and fillers adjacent to the drain mast bolts, an inspection to determine the location of the bonding strap, a measurement of the washers under the drain mast bolts, and related investigative actions and repair if necessary. We are proposing this AD to detect and correct cracking in the fuselage skin and internal support structure, which could result in uncontrolled decompression of the airplane.

We propose to supersede an existing airworthiness directive (AD) that applies to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The existing AD currently requires repetitive inspections to detect cracking of the lower corners of the door frame and cross beam of the forward cargo door, and corrective actions if necessary. The existing AD also requires eventual modification of the outboard radius of the lower corners of the door frame and reinforcement of the cross beam of the forward cargo door, which would constitute terminating action for the existing repetitive inspections. Since we issued that AD, we have received additional reports of fatigue cracking in the radius of the lower frames and in the lower number 5 cross beam of the forward cargo door. This proposed AD would revise the compliance times for the preventive modification; add certain inspections for cracks in the number 5 cross beam of the forward cargo door; and add inspections of the number 4 cross beam if cracks are found in the number 5 cross beam, and corrective actions if necessary. For certain airplanes, this proposed AD would also add a one-time inspection for airplanes previously modified or repaired, and a one-time inspection of the reinforcement angle for excessive shimming or fastener pull-up, and corrective actions if necessary. We are proposing this AD to prevent fatigue cracking of the lower corners of the door frame and number 5 cross beam of the forward cargo door, which could result in rapid depressurization of the airplane.

The State of New York (``New York'') has petitioned for approval of alternate odometer requirements. New York's petition, as amended, is granted.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports of jamming/malfunctioning of the left-hand engine thrust control mechanism. This AD requires modifying the left-hand engine upper core-cowl. We are issuing this AD to prevent jamming/malfunctioning of the left-hand engine thrust control mechanism, which could lead to loss of control of the airplane.

The State of Arizona has petitioned for approval of alternate requirements to certain requirements under Federal odometer law. NHTSA initially denies Arizona's petition. This notice is not a final agency action.

This notice announces actions taken by the FHWA, USACE, and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, I-5: Glendale-Hugo Paving/Sexton Climbing Lane, in Douglas and Josephine Counties, Oregon. Those actions grant licenses, permits and approval for the project.

FRA is proposing to amend its regulations on railroad workplace safety to resolve interpretative issues that have arisen since the 1996 promulgation of the original Roadway Worker Protection (RWP) regulation. In particular, this NPRM proposes to define certain terms, establish new procedures for snow removal and cleaning on passenger station platforms, resolve miscellaneous interpretive issues, codify certain FRA Technical Bulletins, and requests comment on certain training requirements for roadway workers. FRA is also proposing to update three incorporations by reference of industry standards in existing sections of FRA's Bridge Worker Safety Standards.

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.

This notice announces the publication of the Traffic Records Program Assessment Advisory, DOT HS 811 644, which provides guidance to States on the collection, management, and analysis of data used to inform highway and traffic safety decision-making. States need timely, accurate, complete, and uniform traffic records to identify and prioritize traffic safety issues and to choose appropriate countermeasures and evaluate their effectiveness. This document provides information on the contents, capabilities, and data quality attributes of an effective traffic records system, and includes assessment questions that qualified independent assessors can use to evaluate the capabilities of a State's traffic records system.

The Federal Transit Administration (FTA) and the Central Puget Sound Regional Transit Authority (Sound Transit) issue this early scoping notice to advise other agencies and the public that they intend to explore potential alternatives for expanding the existing Tacoma Link light rail transit system in Tacoma, Pierce County Washington, in order to improve connections to the regional transit system and major activity centers. This notice invites the public to help frame the upcoming alternatives analysis by commenting on: the project's purpose and need, the transportation problems to be addressed by the study, potential solutions to the problems, the relevant transportation and community impacts and benefits to be considered, the appropriate extent of the study area, and ways for the public to participate in the alternatives analysis process. The alternatives analysis is likely to conclude with the identification of a preferred mode and corridor. If preparation of an environmental Impact Statement (EIS) is warranted following completion of the planning alternatives analysis, FTA will publish a Notice of Intent to prepare an EIS. This early scoping process is intended to support the alternatives analysis and a future National Environmental Policy Act (NEPA) scoping process, as appropriate. In addition, it supports FTA planning requirements associated with the New Starts (``Section 5309'') funding program for certain kinds of major capital investments. While recent legislation may lead to changes in the New Starts process, Sound Transit will comply with relevant FTA requirements relating to planning and project development to help it analyze and screen alternatives in preparation for NEPA. Public meetings are described immediately below. Following that is a more detailed discussion of the project and this early scoping process.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

This action amends 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 Rule (IFR) operations at the airport.

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.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. This AD was prompted by reports of cracking of the midspar fittings, and of the engine and nacelle strut separating from the airplane. This AD requires performing a detailed inspection of the midspar fittings of the nacelle strut to confirm that the correct part number is installed, and installing the correct part number if necessary; performing repetitive high frequency eddy current (HFEC) inspections of the midspar fittings of the nacelle strut for cracks, and repair if necessary; and performing repetitive general visual inspections of the nacelle struts to verify that the nacelle strut has not drooped below its normal position, applying the droop stripe to the nacelle strut and sailboat fairing if necessary, and performing repair if necessary. We are issuing this AD to detect and correct cracking of the midspar fitting, which could result in separation of the nacelle strut and engine from the airplane while in flight, and consequent loss of controllability of the airplane.

This action modifies the Salt Lake City, UT, Class B airspace to contain aircraft conducting Instrument Flight Rules (IFR) instrument approach procedures to Salt Lake City International Airport (SLC), Salt Lake City, UT. The FAA is taking this action to improve the flow of air traffic, enhance safety, and reduce the potential for midair collision, while accommodating the concerns of airspace users. Further, this effort supports the FAA's national airspace redesign goal of optimizing terminal and en route airspace to reduce aircraft delays and improve system capacity. Minor corrections have been made to the geographic coordinates of the affected legal descriptions, as well as editorial corrections.

We are superseding two existing airworthiness directives (AD) for all Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. Those ADs currently require revising the airplane flight manual (AFM) to introduce limitations for the use of auxiliary power unit (APU) bleed and to prohibit dispatch with a failed air management system (AMS) controller card. This new AD requires replacing the AMS controller processor module with one containing new software, and a new AFM revision. This AD was prompted by reports of the possible loss of automatic activation of the engine inlet ice protection system. We are issuing this AD to prevent the possibility of a right-hand (RH) engine compressor stall after the APU becomes the active bleed source for the left side, which may result in an engine failure; and to prevent the intermittent communication failure between the AMS controller cards and both secondary power distribution assemblies (SPDAs), which could lead to the loss of automatic activation of the engine inlet ice protection system when flying in icing conditions, which could result in ice accretion in the engine inlet and subsequent dual engine failure.

This action proposes to amend Class E airspace at Marysville, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Union County Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.