Department of Transportation 2012 – Federal Register Recent Federal Regulation Documents

We are superseding an existing airworthiness directive (AD) for The Boeing Company Model 757 Airplanes. That AD currently requires revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness by incorporating new limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That AD also requires the initial inspection of certain repetitive AWL inspections to phase- in those inspections, and repair if necessary. This new AD requires actions that were provided previously as optional actions, and would require a certain initial inspection to be accomplished for a revised AWL. This AD was prompted by a report that an AWL required by the existing AD must be revised. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for Arrow Falcon Exporters, Inc. (AFE), Rotorcraft Development Corporation (RDC), and San Joaquin Helicopters (SJH) Model OH-58A, OH-58A+, and OH-58C helicopters to require inspecting the main rotor mast (mast) for a crack. This AD is prompted by two reported failures of the mast from corrosion-initiated fatigue cracking. The actions specified by this AD are intended to prevent failure of the mast and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-100, DHC-8-200, and DHC-8-300 series airplanes. This AD was prompted by reports of hydraulic accumulator screw cap or end cap failure. This AD requires replacing the affected parking brake accumulator. We are issuing this AD to prevent failure of the parking brake accumulator screw caps or end caps, which could result in loss of the number 2 hydraulic system and damage to airplane structures, and could potentially have an adverse effect on the controllability of the airplane.

This is a statement affirming the FAA's environmental and energy policy for U.S. civil aviation. This policy statement outlines guiding principles, establishes initial high level performance goals, and describes strategies to achieve the goals.

The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for business centered community-based organizations, transportation-related trade associations, colleges and universities, community colleges, or chambers of commerce registered with the Internal Revenue Service as 501C(6) or 501C(3) tax-exempt organizations, to compete for participation in OSDBU's Small Business Transportation Resource Center (SBTRC) program in the Mid-Atlantic Region. OSDBU will enter into a Cooperative Agreement with an organization to provide outreach to the small business community in a designated region and provide financial and technical assistance, business training programs, business assessment, management training, counseling, marketing and outreach, and the dissemination of information, to encourage and assist small businesses to become better prepared to compete for, obtain, and manage DOT funded transportation- related contracts and subcontracts at the federal, state and local levels. Throughout this notice, the term ``small business'' will refer to: 8(a), small disadvantaged businesses (SDB), disadvantaged business enterprises (DBE), women owned small businesses (WOSB), HubZone, service disabled veteran owned businesses (SDVOB), and veteran owned small businesses (VOSB). Throughout this notice, ``transportation- related'' is defined as the maintenance, rehabilitation, restructuring, improvement, or revitalization of any of the nation's modes of transportation. Funding Opportunity Number: USDOT-OST-OSDBU-SBTRC2012-11.

In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department of Transportation's Office of the Secretary of Transportation (DOT/OST) is publishing three new general routine uses for all DOT systems of records. Comment is invited on the three new routine uses. The three new routine uses are needed to clarify: The Department's authority to make disclosures to any person or entity acting on behalf of DOT when the disclosure is necessary to accomplish a DOT function; that the Department may make disclosures to audit or oversight organizations when necessary and relevant to a particular audit or oversight investigation of DOT programs or activities; and that the Department may make disclosures to other governmental entities when necessary for the detection, prevention, disruption, preemption, or mitigation of terrorist activities against the United States, as contemplated by the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub. L. 108- 458) and Executive Order 13388 (October 25, 2005).

The FAA is conducting a public meeting on August 7 regarding program design and implementation of an equipage incentives program for commercial aircraft and general aviation to equip their aircraft with Next Generation Air Transportation (NextGen) capabilities, pursuant to the FAA's authority in the FAA Modernization and Reform Act of 2012 (sec. 221). The purpose of this meeting is to serve as an information sharing session.

This action proposes special conditions for the General Electric CT7-2E1 engine model. This engine model will have a novel or unusual design feature which is a combination of two existing ratings into a new rating called ``flat 30-second and 2-minute OEI'' rating. This rating is intended for the continuation of flight of a multi- engine rotorcraft after one engine becomes inoperative. 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 the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This document provides notice of the availability of the final Section 4(f) Policy Paper that will provide guidance on the procedures FHWA will follow when approving the use of land from publicly owned public parks, recreation areas, wildlife and waterfowl refuges, and public or private historic sites for Federal highway projects.

We propose to adopt a new airworthiness directive (AD) for MDHI Model 500N, 600N, and MD900 helicopters to require determining the cure date for each NOTAR fan blade tension-torsion strap (T-T strap), establishing a calendar-time retirement life for certain T-T straps, reducing the retirement life of certain T-T straps, marking each T-T strap with the expiration date, creating a component record card for each T-T strap, and revising the airworthiness limitations section of the maintenance manual to reflect the changes to the retirement life. This proposal is prompted by a report from the T-T strap manufacturer that, over a period of time, moisture may reduce the strength of a T-T strap. The proposed actions are intended to prevent failure of a T-T strap, loss of directional control and subsequent loss of control of the helicopter.

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 9, 2012, vol. 77, no. 90, page 27271. The information collected on the FAA Form 8120-11 is used by those who wish to report suspected unapproved parts to the FAA for review.

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 for three-year clearance an information collection that has been granted emergency clearance. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 9, 2012, vol. 77, no. 90, page 27271-27272. The commercial air tour operational data provided to the FAA and NPS will be used by the agencies as background information useful in the development of air tour management plans and voluntary agreements for purposes of meeting the mandate of the National Parks Air Tour Management Act (NPATMA) of 2000.

In accordance with the Privacy Act of 1974, the Department of Transportation proposes to update and reissue a Department of Transportation system of records notice titled Department of Transportation/Federal Motor Carrier Safety Administration007 Pre- Employment Screening Program. The updated system of records consists of information that is created and used by the Department's Pre-Employment Screening program to provide commercial drivers and persons conducting pre-employment screening services for the motor carrier industry electronic access to driver history reports extracted from the Department's Motor Carrier Management Information System (MCMIS). As a result of biennial review of this system, the Privacy Office has made the five major modifications to the systems of records. The category of records identified as ``Financial Transaction Records'' in the previously published System of Records Notice for this system has been removed as the Department does not maintain these records. The ``Access Transaction Records'' record category also has been revised to clarify the types of information maintained about the two categories of users permitted to request access to records for the purposes of pre- employment screening. The routine uses have been updated to clarify disclosure of Pre-Employment Screening Program (PSP) records to industry service providers directly involved in the hiring of commercial motor vehicle (CMV) drivers on behalf of motor carriers and/ or CMV drivers and the routine use concerning the sharing of CMV driver access transaction records with Validation Authorities (e.g. Lexis- Nexis). The system owner information has been modified to omit the contact information for the MCMIS and Freedom of Information Act systems of records and, instead, include only contact information for the PSP system of records. Additionally, this Notice includes non-substantive changes to simplify the formatting and text of the previously published Notice. This updated system will be included in the Department of Transportation's inventory of record systems.

We propose to adopt a new airworthiness directive (AD) for all Piper Aircraft, Inc. (type certificate previously held by The New Piper Aircraft Inc.) Models PA-18 and PA-19 airplanes. This proposed AD was prompted by incidents of inadvertent magneto switch shut off in flight. This proposed AD would require moving all magneto switches that are now or are at any time located on the left cabin panel, adjacent to the front seat, to the instrument panel. We are proposing this AD to correct the unsafe condition on these products.

This action extends the closing and award dates for a Notice of Funding Availability for the Small Business Transportation Resource Center that was published on June 15, 2012, 77 FR 36034. USDOT OSDBU is extending the closing date to allow eligible entities time to adequately submit a proposal.

This action removes Class E airspace listed at Lloydsville, PA, for Latrobe Hospital Heliport (old name), and incorporates Excela Health Latrobe Hospital Heliport (new name) onto Class E airspace at Latrobe, PA. Also, this action amends Class D and E airspace at Latrobe, PA, as new Standard Instrument Approach Procedures have been developed at Arnold Palmer Regional Airport. The geographic coordinates for both the heliport and the airport are updated. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations in the Latrobe, PA, area. This action also recognizes the airport name change to Arnold Palmer Regional Airport.

This action amends the legal descriptions of Jet Routes J-45 and J-79, and VHF omnidirectional range (VOR) Federal airways V-3, V-51, V-159, V-225, V-295 and V-537, in the vicinity of Vero Beach, FL. The FAA is taking this action because the name of the Vero Beach, FL, VOR Tactical Air Navigation (VORTAC) facility, which is included in the descriptions of the above routes, is being changed to the Treasure VORTAC.

This action amends Class E airspace at Grinnell Regional Airport, Grinnell, IA, by removing reference to the Grinnell NDB from the legal description, and amends the geographic coordinates of the airport. The Grinnell NDB has been decommissioned and is not needed as part of the airspace description. This action does not change the boundaries or operating requirements of the airspace.

The Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) are announcing that all urbanized areas (UZAs) with populations greater than 200,000 as determined by the 2010 Census are hereby designated as Transportation Management Areas (TMAs). The FTA and FHWA are taking this action in compliance with the agencies' authorizing statutes, 23 U.S.C. 134, and 49 U.S.C. 5303. This action supersedes the agencies' designations of TMAs made in the Federal Register on July 8, 2002, at 67 FR 45173.

The Federal Transit Administration (FTA) annually publishes one or more notices apportioning funds appropriated by law. In some cases, if less than a full year of funds is available, FTA publishes multiple partial apportionment notices. This notice announces the full fiscal year (FY) 2012 contract authority, for programs authorized under the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

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.

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.

The Federal Transit Administration (FTA) has placed in the docket and on its Web site final guidance in the form of a Circular (hereinafter ``EJ Circular'') on incorporating environmental justice principles into plans, projects, and activities that receive funding from FTA. This final guidance provides recommendations to State Departments of Transportation, Metropolitan Planning Organizations, public transportation providers, and other recipients of FTA funds on how to fully engage environmental justice populations in the public transportation decision-making process; how to determine whether environmental justice populations would be subjected to disproportionately high and adverse human health or environmental effects as a result of a transportation plan, project, or activity; and how to avoid, minimize, or mitigate these effects.

We are revising an earlier proposed airworthiness directive (AD) for all The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. That NPRM proposed to require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. That NPRM was prompted by reports of two in-service occurrences on Model 737-400 airplanes of total loss of boost pump pressure of the fuel feed system, followed by loss of fuel system suction feed capability on one engine, and in- flight shutdown of the engine. This action revises that NPRM by proposing to require repetitive operational tests, and corrective actions if necessary. We are proposing this supplemental NPRM to detect and correct loss of the engine fuel suction feed capability of the fuel system, which in the event of total loss of the fuel boost pumps could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Since these actions impose an additional burden over that proposed in the previous NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

This action reopens the comment period for a petition for exemption that was published on May 24, 2012. The relief sought in the petition for exemption would permit ICON Aircraft to incorporate a Spin-Resistant Airframe (SRA) in the ICON A5 at a weight above the current Light-Sport Aircraft (LSA) definition. Independent Aircraft Inc. has requested a reopening of the comment period to allow additional time to address issues associated with an increase in weight of the ICON A5.