Department of Transportation 2012 – Federal Register Recent Federal Regulation Documents

As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3519 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget (OMB) approval of the information collections (here third-party disclosures) required under the Board's decision in Released Rates of Motor Common Carriers of Household Goods, Docket No. RR 999 (Amendment No. 5) (served Jan. 21, 2011 (2011 Decision) and Jan.10, 2012 (2012 Decision) and modified on May 15, 2012). Under 49 U.S.C. 13501, 13531, and 14706(f)(2), the Board is charged with oversight of certain motor carrier tariffs (the published rates that interstate movers of household goods charge for the services they offer). More specifically, the Interstate Commerce Act requires that such a mover offer what are known as ``full-value'' rates, which are rates under which the mover will be liable for the full value of any lost or damaged cargo. Full- value has been defined by statute to mean the ``replacement value'' of the goods (the cost to the consumer to replace the items lost or damaged (49 CFR 375.201)). Additionally, the Board and its predecessor agency, the Interstate Commerce Commission, have authorized moving companies to offer consumers a lower, ``released'' rate under which the carrier is released from full liability for lost or damaged cargo and assumes less than the statutory level of cargo liability for an interstate move. In its 2011 Decision and notice (76 FR 5,431), the Board issued preliminary regulations implementing a Congressional directive to enhance consumer protection in the case of loss or damage that occurs during interstate household-good moves. See Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Sec. 4215, Public Law 109-59, 119 Stat. 1144, 1760 (2005). The 2011 Decision required movers to provide certain information concerning the two available cargo-liability options on the written estimate formthe first form that a moving company must give to a customer. In response to comments, the 2012 Decision modified the disclosure requirements proposed in the 2011 Decision (See 77 FR 15187- 01). Subsequently, in response to further public comments, the Board issued a March 9, 2012 decision and notice postponing the effective date of the new requirements until May 15 (See 77 FR 15187-01). These disclosure requirements, which fall within the definition of information collections under the PRA (see 44 U.S.C. 3502(3) and 5 CFR 1320.3(c)), are described in more detail below and appear in full in the appendices to this notice. Comments are requested concerning: (1) The accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology when appropriate; and (4) whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of airport land from aeronautical use to non-aeronautical use at the Southern Illinois Airport in Carbondale, Illinois. The proposal consists of a total of 4.34 acres, Parcel 1F (3.77 acres) and Parcel 2F (0.57 acres), located on the southwest part of the airport. This notice announces that the FAA is considering the release of the subject airport property at Southern Illinois Airport, from all federal land covenants. Approval does not constitute a commitment by the FAA to financially assist in disposal of the subject airport property nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA. In accordance with section 47107(h) of Title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

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.

On March 29, 2011, and April 2, 2012, U.S. Department of Transportation's Office of Transportation Services (TRANServe), located within the Office of the Assistant Secretary for Administration, published for public comment Notices of the adoption of a new program distribution methodology for transit benefits. To date, TRANServe has implemented its plan in three of the eight TRANServe Services Areas and continues to implement electronic fare media across the United States, ensuring that the implementation in the remaining five TRANServe Service Areas is consistent with applicable statutes and regulations. TRANServe's plan is a two-year initiative designed to be responsive to industry changes and technological advances. Over time, many State and local transit authorities are transitioning, or have already transitioned, to electronic fare media, compelling the shift from a paper based system (vouchers) to an electronic fare media structure. Now that the Federal Register notification process is final, TRANServe will continue to engage all appropriate stakeholders through outreach and communication for assistance and advice.

On August 5, 2011, the agency published a final rule amending the requirements for voluntarily installed event data recorders (EDRs) established in August 2006. In response to the August 2011 final rule, the agency received three petitions for reconsideration from the Alliance of Automobile Manufacturers, the Automotive Safety Council, and Honda Motor Co., LTD. The Association of Global Automakers, Inc. Technical Affairs Committee, and Nissan North America, Inc. both submitted comments in support of the petitioners' requests. After careful consideration, the agency is granting some aspects of the petitions, and denying others. This document amends the final rule accordingly.

FMCSA announces and requests public comment on data and information concerning the Pre-Authorization Safety Audit (PASA) for GCC Transportes SA de CV (GCC) which applied to participate in the Agency's long-haul pilot program to test and demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the municipalities on the international border or the commercial zones of such municipalities. This action is required by the ``U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007'' and all subsequent appropriations.

We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model G58 airplanes. This proposed AD was prompted by notification from Hawker Beechcraft Corporation that certain affected aircraft were produced with the incorrect gauge wiring installed. This proposed AD would require replacement of the incorrect gauge wiring with the correct wiring required by type design and the aircraft's circuit protection. We are proposing this AD to correct the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain Hawker Beechcraft Corporation Model C90GTi (King Air) airplanes. This proposed AD was prompted by reports of incorrect gauge wires used in certain wiring bundles for the cockpit electrical power for backlighting and instrument panel components. This proposed AD would require replacing incorrect gauge wires in certain electrical power wiring bundles, inspecting associated wiring bundles and components for heat damage, and taking all necessary corrective actions. We are proposing this AD to correct the unsafe condition on these products.

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 Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 18, 2012, 77 FR 29748. The collection of this information is necessary to ensure safety of flight by ensuring complete and adequate training, testing, checking, and experience is obtained and maintained by those who conduct flight simulation training.

The FAA is issuing this notice to advise the public of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee.

The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model 767-200, -300, -300F, and - 400ER series airplanes. The proposed AD would have continued to require an inspection to determine if certain motor operated valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. That proposed AD would have added airplanes and, for certain airplanes, required additional inspections to determine if certain motor operated valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. Since the proposed AD was issued, we have received new data indicating that the existing AD addresses that safety concern, but also introduces a different unsafe condition. Accordingly, the proposed AD is withdrawn.

We are adopting a new airworthiness directive (AD) for all HPH s. r.o. Models 304C, 304CZ, and 304CZ-17 sailplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 the lack of a drain hole in the elevator control rod, which may allow water to accumulate in the control rod and lead to possible corrosion. This condition could cause the elevator control rod to fail, which could result in loss of control of the sailplane. We are issuing this AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all Airbus Model A300 B4-603, B4-605R, and B4-622R airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-600R series airplanes. This AD was prompted by a report that chafing was detected between the autopilot electrical wiring conduit and the wing bottom skin. This AD requires modifying the wiring installation on the right-hand wing. We are issuing this AD to prevent sparking due to electrical chafing when flammable vapors are present in the area, which could cause an uncontrolled fire.

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 has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on May 22, 2012 [Volume 77, No. 99, Page 30352].

We are revising an existing airworthiness directive (AD) that applies to all Airbus Model A318, A319, A320, and A321 series airplanes. The existing AD currently requires revising the airplane flight manual (AFM) to include a procedure intended to address the unsafe condition, an inspection of the firewall connector for signs of arcing if an integrated drive generator (IDG) (or generator (GEN)) was shut down in-flight automatically or using the AFM procedure, and corrective action if necessary; and provides an optional terminating action for certain AFM revision and inspections. This AD was prompted by the potential for an inadvertent error by flightcrew to use the IDG switch instead of the GEN switch when doing the AFM display unit failure procedure required by the existing AD. This AD retains the actions required by the existing AD and clarifies certain terminology. We are issuing this AD to prevent transient loss of certain systems, which could result in the reduced ability of the flightcrew to cope with adverse flight conditions.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-400 and 747-400D series airplanes. This AD was prompted by a report of an in-flight multi-power system loss of the 1, 2, and 3 alternating current electrical power systems located in the main equipment center (MEC). This AD requires installing aluminum gutter reinforcing brackets to the forward and aft drip shield gutters of the MEC; and adding a reinforcing fiberglass overcoat to the top surface of the MEC drip shield, including an inspection for cracking and holes in the MEC drip shield, and corrective actions if necessary. This AD also provides for an option to install an MEC drip shield drain system, which, if accomplished, would extend the compliance time for adding the reinforcing fiberglass overcoat to the top surface of the MEC drip shield. We are issuing this AD to prevent water penetration into the MEC, which could result in the loss of flight critical systems.

We are adopting a new airworthiness directive (AD) certain Airbus Model A310-203, -221, and -222 airplanes. This AD was prompted by the manufacturer re-classifying slat extension eccentric bolts as principal structural elements with replacement due at or before their calculated fatigue lives. This AD replaces certain slat extension eccentric bolts with new bolts. We are issuing this AD to prevent fatigue cracking, which could result in the loss of structural integrity of the airplane.

FMCSA extends the comment period for the Agency's June 5, 2012, notice concerning regulatory guidance on the applicability of the oilfield operations exceptions in the hours-of-service regulations, and announces that the Agency will hold three public listening sessions to receive comments on the issue. The Agency extends the deadline for public comments from August 6 to October 5, 2012. The listening sessions will be open to the public and webcast in their entirety.

FMCSA announces its decision to exempt 10 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). 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. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2005 Chevrolet Suburban multi-purpose passenger vehicles (MPV) 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 2005 Chevrolet Suburban MPV) and they are capable of being readily altered to conform to the standards.

The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995, Public Law 104-13.

This notice informs the public of FMCSA's Fiscal Year (FY) 2013 safety grant opportunities and FMCSA's projected application due dates. FMCSA announces these grant opportunities based on authorities provided for in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, (2012). The Agency's safety grant programs in FY 2013 include the Motor Carrier Safety Assistance Program (MCSAP) Basic and Incentive grants; New Entrant Safety Audit grants; MCSAP High Priority grants; Commercial Motor Vehicle (CMV) Operator Safety Training grants; Border Enforcement grants (BEG); Commercial Driver's License Program Improvement (CDLPI) grants; Performance and Registration Information Systems Management (PRISM) grants; Safety Data Improvement Program (SaDIP) grants; and the Commercial Vehicle Information Systems and Networks (CVISN) grants. The Commercial Driver's License Information System (CDLIS) Modernization grants were not continued in the MAP-21 authorization and, therefore, FMCSA will not be soliciting applications for this grant program in FY 2013.

The Federal Motor Carrier Safety Administration (FMCSA) amends the requirements regarding brake readjustment limits in the Federal Motor Carrier Safety Regulations (FMCSRs). This rule amends the readjustment limits, clarifies their application, and corrects an error in cross-referencing a Federal Motor Vehicle Safety Standard (FMVSS). This rule responds to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA).

The Vehicle Production Group LLC (VPG) has asked the Federal Transit Administration (FTA) to rescind the Buy America non- availability waiver it issued on June 21, 2010, for minivans and minivan chassis. According to VPG, it manufactures minivans and minivan chassis that comply with all Buy America requirements under 49 CFR 661.11, including the final assembly requirement that was the subject of the June 2010 waiver. FTA seeks public comment before deciding whether to grant the request. If granted, the waiver would no longer apply; all minivans and minivan chassis purchased with federal funds would have to comply with the final assembly requirement of 49 CFR 661.11.

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.