Department of Transportation October 1, 2012 – Federal Register Recent Federal Regulation Documents

The FMCSA announces that the Agency's MRB will hold a committee meeting on October 19, 2012, in accordance with the Federal Advisory Committee Act (FACA). The meeting will provide the public an opportunity to observe and participate in MRB deliberations and recommendations for updating the field-of-vision (FOV) requirements in the Federal Motor Carrier Safety Regulation (FMCSR) medical standards.

FMCSA announces receipt of applications from 15 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.

This document announces the availability of and request for comments on the Initial Regulatory Flexibility Analysis for the previously published proposed airworthiness directive (AD) on Cessna Aircraft Company 310, 320, 340, 401, 402, 411, 414, and 421 airplanes regarding the installation of placards requiring flight limitations in icing conditions.

FMCSA alerts motor carriers and enforcement officials of two statutory exemptions included in the MAP-21 transportation reauthorization legislation that are applicable to certain motor carriers engaged in the transportation of agricultural commodities and farm supplies. Section 32101 of MAP-21 provides a statutory exemption from the hours-of-service regulations for certain carriers transporting agricultural commodities and farm supplies and section 32934 provides a statutory exemption from most of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles by farm and ranch operators, their employees, and certain other specified individuals under certain specific circumstances. The statutory provisions are self-executing and take effect on October 1, 2012. This notice is intended to ensure that enforcement officials and the motor carriers are aware of the statutory provisions. The Agency will, at a later date, conform the FMCSRs to the statutory provisions.

This NPRM provides interested parties with the opportunity to comment on proposed changes to the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) joint procedures that implement the National Environmental Policy Act (NEPA). The revisions are prompted by enactment of Public Law 112-141, 126 Stat. 405, the Moving Ahead for Progress in the 21st Century Act (MAP-21). This NPRM proposes to modify an existing categorical exclusion (CE) for emergency repair projects under 23 U.S.C. 125 to include emergency projects as described in Section 1315 of MAP-21. This NPRM also requests comments on whether additional activities ought to be expressly included in the CE, consistent with the principles underlying emergency projects and sound transportation asset management. The FHWA and the FTA seek comments on the proposals contained in this notice.

This final rule clarifies the priorities and allocation authorities exercised by the Secretary of Transportation (Secretary) under title I of the Defense Production Act of 1950 (Defense Production Act), and establishes the administrative procedures by which the Secretary will exercise this authority. In addition, in this final rule the Department is seeking comments on certain revised definitions found in section 33.20. This rule complies with the requirement in the Defense Production Act Reauthorization of 2009 (Pub. L. 111-67) to issue final rules establishing standards and procedures by which the priorities and allocations authority is used to promote the national defense, under both emergency and nonemergency conditions, and is part of a multi-agency effort that forms the Federal Priorities and Allocations System.

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 adopting a new airworthiness directive (AD) for certain Airbus Model A340-500 and -600 series airplanes. This AD requires repetitive inspections for corrosion of the drag stay lower arm assembly of the nose landing gear (NLG), and replacement if necessary. This AD also requires eventual replacement of the drag stay lower arm assembly of the NLG with an improved assembly having corrosion protection, which terminates the repetitive inspections required by this AD. This AD was prompted by findings of corrosion traces in the lugs and on the bearing outer surface of the NLG during routine maintenance checks. We are issuing this AD to prevent failure of the drag stay lower arm, which could result in NLG collapse and consequent reduced controllability of the airplane during takeoff.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model DC-10-10, DC-10-10F, DC-10-15, DC- 10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes. That AD currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane; and for certain airplanes, repositioning or replacing two bonding straps, doing a bonding-resistance check and an inspection to determine correct installation of certain bonding straps, and applicable corrective actions. This new AD adds airplanes to the applicability and, depending on the airplane configuration, requires installing new braided bonding straps, inspecting to determine if a certain strap is installed and replacing with or installing a braided bonding strap if necessary, measuring the electrical resistance of the bonding straps, verifying that brackets have an acceptable fillet seal, and doing corrective actions if necessary. This AD was prompted by fuel system reviews conducted by the manufacturer, and our determination that additional actions are necessary to address the identified unsafe condition. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.