Department of Transportation November 2012 – Federal Register Recent Federal Regulation Documents
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Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ECLECTIC LADY; Invitation for Public Comments
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ESCAPADE; Invitation for Public Comments
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Airworthiness Directives; DG Flugzeugbau GmbH Gliders
We propose to adopt a new airworthiness directive (AD) for DG Flugzeugbau GmbH Model DG-1000T gliders equipped with Solo Kleinmotoren Model 2350 C engines. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 a material defect of the propeller shaft, most likely caused by a manufacturing error. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Airworthiness Directives; Pacific Aerospace Limited Airplanes
We propose to adopt a new airworthiness directive (AD) for all Pacific Aerospace Limited Models FU24-954 and FU24A-954 airplanes that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 aircraft operating outside the aircraft aft center of gravity (C of G) limits during parachute-drop operations. Exceeding C of G limits could result in loss of control of the aircraft. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Proposed Establishment of Class E Airspace; Beeville, TX
This action proposes to establish Class E airspace at Beeville, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Chase Field Industrial Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Proposed Amendment of Class E Airspace; Decorah, IA
This action proposes to amend Class E airspace at Decorah, IA. Decommissioning of the Decorah non-directional radio beacon (NDB) at Decorah Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Proposed Amendment of Class E Airspace; Middletown, OH
This action proposes to amend Class E airspace at Middletown, OH. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Middletown Regional/ Hook Field Airport (formerly Hook Field Municipal Airport). The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. Geographic coordinates and the airport name would also be updated.
Proposed Amendment of Class E Airspace; West Union, IA
This action proposes to amend Class E airspace at West Union, IA. Decommissioning of the West Union non-directional radio beacon (NDB) at George L. Scott Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rules (IFR) operations at the airport.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Advanced Qualification Program (AQP)
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 to renew an information collection. The Advanced Qualification Program uses data driven quality control processes for validating and maintaining the effectiveness of air carrier training program curriculum content.
Proposed Establishment of Class E Airspace; Round Mountain, TX
This action proposes to establish Class E airspace at Round Mountain, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at West Ranch Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Commercial Space Transportation Advisory Committee-Charter Renewal
FAA announces the charter renewal of the COMSTAC, a Federal Advisory Committee that provides information, advice, and recommendations to the Department of Transportation and the Administrator of the Federal Aviation Administration (FAA) on the critical matters facing the U.S. commercial space transportation industry. This charter renewal will take effect on November 16, 2012, and will expire after 2 years.
Seventeenth Meeting: RTCA Special Committee 224, Airport Security Access Control Systems
The FAA is issuing this notice to advise the public of the seventeenth meeting of the RTCA Special Committee 224, Airport Security Access Control Systems.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Notice of Landing Area Proposal
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 to renew an information collection. FAA Form 7480-1 (Notice of Landing Area Proposal) is used to collect information about any construction, alteration, or change to the status or use of an airport.
Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in the following locations: Atlanta, GA; Kansas City, MO; and San Bernardino, CA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.
Reports, Forms, and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. A Federal Register Notice with a 60-day comment period was published on June 13, 2012 (77 FR 35473-35475).
Proposed Amendment of Class E Airspace; Superior, WI
This action proposes to amend Class E airspace at Superior, WI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Richard I. Bong Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. Geographic coordinates of the airport would also be updated.
Proposed Establishment of Class E Airspace; Tecumseh, NE
This action proposes to establish Class E airspace at Tecumseh, NE. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Tecumseh Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Aeronautical Chart Point of Sale Survey
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 to renew an information collection. Aeronautical Chart Point of Sale Survey data will be used by the Federal Aviation Administration to measure management objectives and analyze customer feedback for ISO-9001.
Notice of Rail Energy Transportation Advisory Committee Vacancies
The Surface Transportation Board (Board), hereby gives notice of four vacancies on the Board's Rail Energy Transportation Advisory Committee for (1) a representative from a state- or municipally-owned electric utility, (2) a representative from a biofuel refiner, processor, or distributor, or biofuel feedstock grower or provider, (3) a representative from a coal producer, and (4) a representative from a petroleum producer or shipper. The Board is soliciting suggestions for candidates to fill those vacancies.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2013
This rule increases the rail equipment accident/incident reporting threshold from $9,500 to $9,900 for certain railroad accidents/incidents involving property damage that occur during calendar year 2013. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last published in November of 2011.
Notice of Final Federal Agency Actions on Proposed Highway and Bridge in the Cities of Cincinnati, Ohio, and Covington, Kentucky
This notice corrects an error in the FHWA notice published on November 2, 2012, at 77 FR 66215. That notice provided an incorrect reference to a statute of limitations timeframe, and an incorrect date.
Pilot Loading of Aeronautical Database Updates
This action amends the maintenance regulations by removing from the preventive maintenance category the task of updating databases used in self-contained, front-panel or pedestal-mounted navigation equipment. Further, we are adding text to the maintenance regulations that describes which equipment and, under which conditions, may have aeronautical databases updated by pilots as a non-maintenance function. Equipment which does not meet the criteria outlined in the new regulation will continue to be updated as a maintenance function. This revision will ensure that pilots using specified avionics equipment have the most current and accurate data and thereby increase aviation safety.
Federal Motor Vehicle Safety Standards; Windshield Zone Intrusion
This document withdraws a rulemaking proposal to rescind Federal Motor Vehicle Safety Standard (FMVSS) No. 219, ``Windshield zone intrusion.'' The agency has determined that there are two ongoing regulatory developments that could influence vehicle designs by putting a premium on the use of lighter or less rigid materials. These two developments are U.S. fuel economy requirements and a global technical regulation aimed at reducing injuries to pedestrians struck by vehicles. As a result, the agency believes that vehicle designs with regard to the hood and windshield are in a state of change and that the implications of these developments should be better understood before deciding whether to rescind FMVSS No. 219.
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG Turbofan Engines
We are adopting a new airworthiness directive (AD) for certain serial number (S/N) Rolls-Royce Deutschland Ltd & Co KG (RRD) TAY 620- 15 turbofan engines. This AD requires initial and repetitive general inspections and ultrasonic inspections (UI) of low-pressure compressor (LPC) fan blades for cracks. If any fan blade is found cracked, this AD requires replacement of the LPC fan blade set and the LPC fan disc. This AD was prompted by a report of an LPC fan blade separation. We are issuing this AD to detect cracks in the LPC fan blades, which could lead to uncontained failure of the LPC fan blades and LPC fan disc, and damage to the airplane.
Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Model Helicopters
We are adopting a new airworthiness directive (AD) for Sikorsky Model S-70, S-70A, and S-70C helicopters, which are restricted category helicopters derived from the military Model UH-60 helicopter. This AD would require reducing or establishing life limits for certain listed helicopter parts. This AD is prompted by a review of the United States Army's analysis of their Model UH-60 fleet, which determined it necessary to establish or reduce the life limits of certain parts. The actions are intended to prevent fatigue failure of a part and subsequent loss of control of the helicopter.
Twelfth Meeting: RTCA Special Committee 223, Airport Surface Wireless Communications
The FAA is issuing this notice to advise the public of the meeting of the RTCA Special Committee 223, Airport Surface Wireless Communications.
Parts and Accessories Necessary for Safe Operation; Grant of Exemption for Transecurity LLC (Transecurity)
The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant an exemption to Transecurity LLC (Transecurity) that will allow the placement of an onboard safety monitoring system (OBMS) at the bottom of windshields on commercial motor vehicles (CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) currently require antennas, transponders, and similar devices to be located not more than 6 inches below the upper edge of the windshield, outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. Transecurity is coordinating the development and installation of camera-based monitoring systems in up to 500 CMVs operating throughout the United States in support of research being conducted on behalf of FMCSA. The exemption would enable motor carriers to participate in a field operation test to evaluate the system and allow for on-road data collection. FMCSA believes that permitting the OBMS to be mounted lower than currently allowed, but still outside the driver's sight lines to the road and highway signs and signals, will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.
Petition To Modify an Exemption of a Previously Approved Antitheft Device; Mitsubishi Motors R&D of America
On February 2, 2009, the National Highway Traffic Safety Administration (NHTSA) granted in full Mitsubishi Motors R&D (Mitsubishi) of America's petition for an exemption in accordance with Sec. 543.9(c)(2) of 49 CFR part 543, Exemption From the Theft Prevention Standard for the Mitsubishi Outlander vehicle line beginning with its model year (MY) 2011 vehicles. On August 6, 2012, Mitsubishi submitted a petition to modify its previously approved exemption for the Outlander vehicle line beginning with its model year (MY) 2014 vehicles. Mitsubishi also requested confidential treatment of specific information in its petition. The agency will address Mitsubishi's request for confidential treatment by separate letter. NHTSA is granting Mitsubishi's petition to modify the exemption in full because it has determined that the modified device is also likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.
Federal Motor Vehicle Safety Standards; Side Impact Protection
On August 24, 2011 we published a final rule responding to a petition for reconsideration of a final rule on the Federal motor vehicle safety standard for side impact protection. In today's document, we correct a minor error in that rule. The agency is also correcting several typographical errors in the standard.
Special Conditions: Embraer S.A., Model EMB-550 Airplane; Interaction of Systems and Structures
This action proposes special conditions for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature(s) associated with the interaction of systems and structures. 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.
Notice of Application for Special Permits
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 application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.
Notice of Applications for Modification of Special Permit
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.
Notice of Delays in Processing of Special Permits Applications
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
Office of Hazardous Materials Safety; Actions on Special Permit Applications
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 of the actions on special permits applications in (October to November 2012). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.
Revised Guidance for Requesting One-Time Movement Approvals (OTMA)
FRA is notifying the public of the availability of revised guidance for requesting one-time movement approvals (OTMA) for the transportation by rail of nonconforming or leaking bulk hazardous materials packages.
Civil Penalties
This document increases the maximum civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and Motor Vehicle Safety Act, as amended, and violations of bumper standards and consumer information provisions. Specifically, this increases the maximum civil penalty amounts for single violations of motor vehicle safety requirements, a series of related violations of school bus and equipment safety requirements, a series of related violations of bumper standards, and a series of related violations of consumer information regarding crashworthiness and damage susceptibility requirements. This action is taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years.
Notice of Receipt of Petition for Decision That Nonconforming 2009 Porsche 911 (997) Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2009 Porsche 911 (997) passenger cars that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2009 Porsche 911 (997) passenger cars) and they are capable of being readily altered to conform to the standards.
Final Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation
This document announces a final decision by the National Highway Traffic Safety Administration (NHTSA) that certain vehicles that do not comply with all applicable Federal motor vehicle safety standards (FMVSS), but that are certified by their original manufacturer as complying with all applicable Canadian motor vehicle safety standards (CMVSS), are nevertheless eligible for importation into the United States. The vehicles in question either (1) are substantially similar to vehicles that were certified by their manufacturers as complying with the U.S. safety standards and are capable of being readily altered to conform to those standards, or (2) have safety features that comply with, or are capable of being altered to comply with, all U.S. safety standards.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 16 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.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt 18 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.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces receipt of applications from 18 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.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 27 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.
Request for Comments of a Previously Approved Information Collection
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on September 11, 2012 (77 FR 55893). No comments were received.
System Safety Program
By notice of proposed rulemaking (NPRM) published on September 7, 2012, FRA proposed regulations to require commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. The comment period for the NPRM closed November 6, 2012. This document reopens the comment period until December 7, 2012.
Pipeline Safety: Meeting of the Gas Pipeline Advisory Committee and the Liquid Pipeline Advisory Committee
This notice announces a public meeting of the Gas Pipeline Advisory Committee (GPAC), also known as the Technical Pipeline Safety Standards Committee, and the Liquid Pipeline Advisory Committee (LPAC), also known as the Technical Hazardous Liquid Pipeline Safety Standards Committee. The committees will meet to discuss two proposed rules, the first to implement changes to the administrative procedures in Part 190 Enforcement Procedures, and the second to establish criteria and procedures for determining the adequacy of state pipeline excavation damage prevention law enforcement programs; to establish an administrative process for making adequacy determinations and Federal requirements PHMSA will enforce in states with inadequate programs; and to establish the adjudication process for administrative enforcement proceedings against excavators where Federal authority is exercised.
Agency Information Collection Activities: Request for Comments for a New Information Collection
FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on August 23, 2012. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Airworthiness Directives; Eurocopter France Helicopters
We propose to adopt a new airworthiness directive (AD) for Eurocopter France Model EC 155B, EC155B1, SA-366G1, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, which would require modifying the fuel tank draining system. This proposed AD is prompted by a closed fuel tank drain that, in the event of a fuel leak, could result in fuel accumulating in an area containing electrical equipment. The proposed actions are intended to prevent accumulation of fuel in an area with electrical equipment or other ignition source, which may lead to a fire.
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