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

This document provides notice that, due to the complex issues raised in both the petitions for reconsideration of the final rule published November 30, 2011, and the comments received on the petitions, FRA continues to formulate an appropriate response to the petitions and comments. FRA's response will be published as soon as practicable and will be filed in the same docket.

The FAA seeks comments on current policy, guidance, and procedures that aircraft operators (ranging from pilots of general aviation aircraft up to and including air carrier certificate holders at the major airlines) use when determining if passenger use of portable electronic devices (PEDs) may be allowed during any phase of flight on their aircraft. Current FAA regulations generally prohibit the use of all PEDs during flight, with the exception of portable voice recorders, hearing aids, heart pacemakers, and electric shavers. These regulations also provide an exception for any other PED that the aircraft operator has determined will not cause interference with the navigation or communication systems on the aircraft. To better effectuate the safety purposes of these regulations, this notice requests comments about key areas of policy and guidance that are used by aircraft operators when making these determinations. It also requests comments about other technical challenges for addressing the problems associated with determining if and when PEDs can be used. The desired outcome of this solicitation is to have sufficient information to allow operators to better assess whether more widespread use of PEDs during flight is appropriate, while maintaining the highest levels of safety to passengers and aircraft. The Agency stresses that the existing regulations allow the operator to authorize the use of PEDs, and that no specific FAA approval is required. The aircraft operator is responsible for assuring that the interference from PEDs does not pose a flight risk. Once all the comments have been collected, the FAA intends to establish an Aviation Rulemaking Committee (ARC) to review the comments and provide recommendations that might permit the more widespread use of PEDs during flight while maintaining the highest levels of safety for the passengers and aircraft. The FCC will be a key partner in this activity working collaboratively with the FAA, airlines, and the manufacturers to explore broader use of PEDS in flight.

In preparation for the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel's (DGP's) Fall Working Group to be held October 15-19, 2012, in Montreal, Canada, the FAA's Office of Hazardous Materials Safety and the Pipeline and Hazardous Materials Safety Administration's (PHMSA) Office of Hazardous Materials Safety announce a public meeting.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval for an existing information collection. The FAA collects information to allocate slots and maintain accurate record of slot transfers at slot-controlled airports. The information is provided by air carriers and other operators at slot controlled airports.

We propose to adopt a new airworthiness directive (AD) for all TAE 125-02-99 and TAE 125-02-114 reciprocating engines. This proposed AD was prompted by an in-flight shutdown of an airplane equipped with a TAE 125-02-99 engine. This proposed AD would require inspection of the oil filler plug vent hole at the next scheduled maintenance or within 110 flight hours after the effective date of this AD. If chips are found to be blocking the vent hole, additional corrective action is required before next flight. We are proposing this AD to prevent engine in-flight shutdown or power loss, possibly resulting in reduced control of the airplane.

The FHWA has approved a request from Maryland Transportation Authority (MDTA) to temporarily close a portion of I-395 (just south of Conway Street in Baltimore City) from approximately 6 p.m. on Wednesday, August 29, until approximately 6 a.m. on Tuesday, September 4. The closure is requested to accommodate the construction and operation of the Baltimore Grand Prix (BGP), which will use the streets of downtown Baltimore as a race course. The approval is granted in accordance with the provisions of 23 CFR 658.11 which authorizes the deletion of segments of the federally designated routes that make up the National Network designated in Appendix A of 23 CFR part 658. The FHWA published a Notice and Request for Comment on July 9, 2012, seeking comments from the general public on this request submitted by the MDTA for a deletion in accordance with 23 CFR 658.11(d). No public comments were received.

We propose to adopt a new airworthiness directive (AD) for the Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters with a certain wire strike protection system (WSPS) top cable cutter assembly installed. This proposed AD is prompted by a report of in-flight contact between the top cable cutter assembly and two main rotor (M/R) blades. This proposed AD would require reworking or replacing the top cable-cutter assembly to increase clearance between the WSPS and the M/ R blades. The proposed AD actions are intended to prevent damage to the M/R blades and subsequent loss of helicopter control.

We propose to adopt a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 369D, 369E, 369F, and 369FF helicopters with certain serial-numbered tailboom assemblies. This proposed AD is prompted by the discovery of short-edge margin conditions on two tailboom assemblies. The proposed actions are intended to detect a short-edge margin condition, to modify the tailboom by adding a longeron doubler over the area with the short-edge distance, and to prevent failure of the tailboom and subsequent loss of control of the helicopter.

FRA announces the forty-seventh meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics will include opening remarks from the FRA Administrator, and status reports will be provided by the Critical Incident, Fatigue Management, and Risk Reduction Working Groups. Status reports will also be provided by the Engineering and System Safety Task Forces, and a presentation on headwear will be provided. This agenda is subject to change, including the possible addition of further proposed tasks under the Rail Safety Improvement Act of 2008.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 14 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces receipt of applications from 19 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The collection involves the assessment of FMCSA's strategic decision to integrate its Information Technology (IT) with its business processes using portal technology to consolidate its systems and databases through the FMCSA Information Technology Services Survey modernization initiative. The information to be collected will be used to assess the satisfaction of Federal, State, and industry customers with the FMCSA Information Technology Services Survey Portal. The name of the ``COMPASS Portal Customer Satisfaction Assessment,'' information collection request (ICR) is being changed to ``Information Technology Services Survey Portal Customer Satisfaction Assessment,'' to reflect the need for a broader term than ``COMPASS'' for the portal.

This action corrects geographic coordinates that were not adjusted in the airspace description of a final rule, technical amendment published in the Federal Register on July 31, 2012, amending controlled airspace in the Montgomery, AL, area. The corrected coordinates for Maxwell AFB and Wetumpka Municipal Airport, are included in this final.

We are superseding an existing airworthiness directive (AD) for certain Univair Aircraft Corporation Models (ERCO) 415-C, 415-CD, 415-D, E, G; (Forney) F-1 and F-1A; (Alon) A-2 and A2-A; and (Mooney) M10 airplanes. That AD currently requires an inspection of the aileron balance assembly and ailerons for cracks and excessive looseness of associated parts with the required repair or replacement of defective parts as necessary. This new AD would add airplanes to the Applicability section; require inspections of the ailerons, aileron balance assembly, and aileron rigging for looseness or wear, require repair or replacement of parts as necessary; and require a report of the inspection results. This new AD was prompted by a report of a Univair Aircraft Corporation Model ERCO 415-D Ercoupe that crashed after an in-flight breakup due to possible aileron flutter. We are issuing this AD to correct the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for Goodyear Aviation Tires, part number 299K63-1 (Brazilian made new tires only), installed on various transport category airplanes, including but not limited to Bombardier, Inc. Model CL-600-2B19 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as tire tread separations and tread-area bulges on the main landing gear tires due to low adhesion in the tread shoulder area. The unsafe condition is specific to Brazilian produced new tires, size H29x9.0-15, only; retread tires are not affected by this AD. This condition, if not detected and corrected, could cause the main landing gear tires to fail during takeoff or landing. The failure may cause damage to the airplane structure, flaps, engine, and wheel well and result in reduced controllability of the airplane. We are issuing this AD to require actions to address the unsafe condition on these products.

The Federal Transit Administration (FTA) and the Metropolitan Atlanta Rapid Transit Authority (MARTA) intend to prepare an Environmental Impact Statement (EIS) for MARTA's I-20 East Transit Initiative project, which would extend the existing east-west rail line from the Indian Creek Station to the Mall at Stonecrest in eastern DeKalb County and an Environmental Assessment (EA) for a new Bus Rapid Transit (BRT) service along I-20 between downtown Atlanta and a new station at Wesley Chapel Road, east of I-285 in DeKalb County. The EIS and EA will be prepared in accordance with the National Environmental Policy Act (NEPA), provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and will also address the requirements of other federal and state environmental laws. The extension of the existing MARTA east-west rail line and the new BRT service along I-20 were selected as the Locally Preferred Alternative (LPA) based on a two year Detailed Corridor Analysis (DCA) completed in April 2012. The DCA revisited the analysis and conclusions of the I-20 East Corridor Study Alternatives Analysis (AA) completed in 2004 and complied with FTA's New Starts project development process. The purpose of this Notice of Intent (NOI) is to advise interested agencies and the public regarding the plan to prepare the EIS and EA, to provide information on the nature of the proposed transit project, to invite participation in the NEPA process, including comments on the scope of the EIS and EA proposed in this notice, and to announce where and when public scoping meetings will be conducted. Scoping meetings are an opportunity for government agencies, affected stakeholders, and the general public to provide input and feedback on the project Purpose and Need, the alternatives to be studied, as well as to identify any significant physical, cultural, natural, and social environmental issues within the study area.

The Federal Motor Carrier Safety Administration (FMCSA) announces changes to the Carrier Safety Measurement System (SMS). A preview of the original improvements became available to motor carriers and law enforcement on March 27, 2012, and will remain available until the SMS changes become operational. The SMS improvements are now scheduled to be operational in December 2012. Comments to the preview were reviewed and considered. This notice explains the Agency's modifications to the changes announced in March and describes four additional changes that will be implemented in December.

The FHWA is issuing this notice to advise the public that, effective immediately, the Notice of Intent (NOI) (Federal Register Vol. 72, No. 214; FR Doc. 07-5518) to prepare an EIS for the proposed Sheep Mountain Parkway Transportation Project, which includes highway, transit, and non-motorized trail components in Clark County, Nevada is being withdrawn. The NOI for the EIS was announced on November 6, 2007.

Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a meeting of the Commercial Space Transportation Advisory Committee (COMSTAC). The meeting will take place on Tuesday, October 9, 2012, from 8:00 a.m. to 5:00 p.m., and Wednesday, October 10, 2012, from 8:30 a.m. to 2:15 p.m., at the National Housing Center, 1201 15th Street NW., Washington, DC, 20005. This will be the 56th meeting of the COMSTAC. The proposed agenda for October 9 features meetings of the working groups as follows:

The recently enacted Pilot's Bill of Rights (PBR) provides, among other things, that ``air traffic data'' should be made accessible to, or obtainable by, an airman in Federal Aviation Administration (FAA) investigations when such data are in the FAA's possession and the data will facilitate the individual's ability to participate in a proceeding related to an FAA investigation. Some ``air traffic data'' are in the possession of government contractors providing operational services to the FAA. This notice specifies how and where an airman may request the FAA's assistance in seeking ``air traffic data'' from government contractors.

This action proposes special conditions for the Airbus Model A318-112 airplane. This airplane as modified by Fokker Services B.V. will have a novel or unusual design feature associated with a cooktop installation. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness 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.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. FMCSA requests approval to revise an ICR entitled, ``Annual Report of Class I and Class II Motor Carriers of Property (formerly OMB 2139-0004),'' which is used to ensure that motor carriers comply with FMCSA's financial and operating statistics requirements at chapter III of title 49 CFR part 369 entitled, ``Reports of Motor Carriers.'' The agency invites public comment on this ICR. On April 20, 2012, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. One comment was received in responses to the above notice from the National Motor Freight Traffic Association, Inc., (NMFTA) in support of continuing this ICR. FMCSA concurs with this comment.