Department of Transportation January 2013 – Federal Register Recent Federal Regulation Documents

FMCSA announces that the Medical Review Board (MRB) will meet on February 13, 2013. The MRB will review an evidence report about fatigue-related research concerning bus and motorcoach drivers to identify relevant scientific and medical studies the Agency could rely upon in making any future decisions about the HOS requirements applicable to such drivers. The meeting is open to the public and there will be a public comment period at the end of the day. Times and Dates: The meeting will be held on Wednesday, February 13, 2013, from 9 a.m. to 5 p.m., Eastern Standard Time (E.S.T.). The meeting will be held at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA 22314 in Salon BC on the main floor. The Hilton Alexandria Old Town is located across the street from the King Street Metro station. An agenda for the meeting will be made available in advance of the meeting at https://mrb.fmcsa.dot.gov.

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.

The FAA is issuing this notice to advise the public of the twenty-first meeting of the RTCA Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS).

FMCSA announces that the Motor Carrier Safety Advisory Committee's subcommittee on Compliance, Safety, Accountability (CSA) will meet on Tuesday and Wednesday, February 5 and 6, 2013, respectively. The meeting is open to the public and there will be a public comment period at the end of each day.

By notice of proposed rulemaking (NPRM) published on October 18, 2012, FRA proposed a rule that would require railroads to submit information to the U.S. DOT National Highway-Rail Crossing Inventory (Crossing Inventory) about highway-rail and pathway crossings over which they operate. This document announces a public hearing to provide interested parties an opportunity to comment on the NPRM. This document also extends the NPRM comment period to allow interested parties to submit comments in response to issues raised at the public hearing.

This action proposes to amend Class E Airspace at Easton, PA, as the Allentown VORTAC has been decommissioned and new Standard Instrument Approach Procedures (SIAPs) have been developed at Braden Airpark. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also would recognize the airport's name change and update the geographic coordinates of the airport.

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), specifically new control architecture and a full digital flight control system which provides flight envelope protections. 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 action proposes to modify Class E airspace at Lakeview, OR. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Lakeview County Airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Lakeview County Airport. This would also correct the airport name.

This action amends Class E Airspace at Wilkes-Barre, PA, creating controlled airspace to accommodate new area navigation (RNAV) Standard Instrument Approach Procedures at Wilkes-Barre Wyoming Valley Airport. Airspace reconfiguration is necessary for the continued safety and management of instrument flight rules (IFR) operations in the Wilkes-Barre, PA, area. This action also recognizes the name change of Hanover Township Fire Station 5 Heliport. The BARTY LOM navigation aid is removed, as this navigation aid has been decommissioned.

This action modifies Class E airspace at Savoonga, AK, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Savoonga Airport. This action enhances the safety and management of aircraft operations at the airport. An editorial change is made by removing reference to Class E surface airspace entered in error.

This action proposes to amend Class E airspace at Omak Airport, Omak, WA. Decommissioning of the Nondirectional Radio Beacon (NDB) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This action proposes to amend Class E airspace at Reno/Tahoe International Airport, Reno, NV. Decommissioning of the Compass Locator at the Instrument Landing System Middle Marker (LMM) and the Middle Marker (MM) has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also would adjust the geographic coordinates of the airport.

The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for: (1) Business centered community- based organizations; (2) transportation-related trade associations; (3) colleges and universities; (4) community colleges; or (5) chambers of commerce, registered with the Internal Revenue Service as 501 C(6) or 501 C(3) tax-exempt organizations, to compete for participation in OSDBU's Small Business Transportation Resource Center (SBTRC) program in the South Atlantic Region. OSDBU will enter into Cooperative Agreements with these organizations to provide outreach to the small business community in their 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-SBTRC2013-1. Catalog of Federal Domestic Assistance (CFDA) Number: 20.910 Assistance to Small and Disadvantaged Businesses. Type of Award: Cooperative Agreement. Award Ceiling: $145,000. Award Floor: $125,000. Program Authority: DOT is authorized under 49 U.S.C. 332(b)(4), (5) and (7) to design and carry out programs to assist small disadvantaged businesses in getting transportation-related contracts and subcontracts; develop support mechanisms, including management and technical services, that will enable small disadvantaged businesses to take advantage of those business opportunities; and to make arrangements to carry out the above purposes.

We are adopting a new airworthiness directive (AD) for Bell Model 206L, 206L-1, 206L-3, and 206L-4 helicopters. This AD requires inspecting certain hydraulic servo actuator assemblies (servo) for a loose nut, shaft, and clevis assembly, modifying or replacing the servo as necessary, and reidentifying the servo. This AD is prompted by an investigation after an accident and the determination that there was a loose connection due to improper lock washer installation. These actions are intended to detect loose or misaligned parts of the servo to prevent failure of the servo and subsequent loss of control of the helicopter.

This action establishes new uniform procedures governing the implementation of State highway safety grant programs as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21). It also reorganizes and amends existing requirements to implement the provisions of MAP-21. This document is being issued as an interim final rule to provide timely guidance about the application procedures for national priority safety program grants in fiscal year 2013 and all Chapter 4 highway safety grants beginning in fiscal year 2014. The agency requests comments on the rule. The agency will publish a notice responding to any comments received and, if appropriate, will amend provisions of the regulation.

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.

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.

This action proposes to modify low-altitude RNAV route T-266 in the state of Alaska by removing two non-directional beacons (NDB) as the navigation signal source and replacing them with RNAV waypoints. This action would enhance the safety and efficiency of the National Airspace System (NAS).

This action proposes to establish two new low-altitude RNAV routes in the state of Oregon, designated T-302 and T-304. The routes would replace segments of an existing VHF Omnidirectional Range (VOR) Federal airway that will be removed due to the planned decommissioning of the Portland, OR, VOR/DME in 2013. This action would advance the implementation of RNAV and provide continued en route navigation guidance in the affected airspace.

The Federal Aviation Administration (FAA) is amending the airworthiness standards for airplane propellers. This action would require a safety analysis to identify a propeller critical part. Manufacturers would identify propeller critical parts, and establish engineering, manufacturing, and maintenance processes for propeller critical parts. These new requirements provide an added margin of safety for the continued airworthiness of propeller critical parts by requiring a system of processes to identify and manage these parts throughout their service life. This rule would eliminate regulatory differences between part 35 and European Aviation Safety Agency (EASA) propeller critical parts requirements, thereby simplifying airworthiness approvals for exports.

We propose to adopt a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2 helicopters. This proposed AD would require determining if a certain serial-numbered bevel gear is installed in the tailrotor intermediate gear box (IGB). If such a bevel gear is installed in the IGB, this AD would require recording the bevel gear's reduced life limit in the Airworthiness Limitations section of the maintenance manual and on the component history card or equivalent IGB record. If the bevel gear's life limit has been reached or exceeded, this AD would require, before further flight, replacing the bevel gear with an airworthy bevel gear. This proposed AD is prompted by the discovery that the tooth foot fillets in certain bevel gears fell below the minimum dimensions required in the design documents to ensure safe functioning of the bevel gear until reaching its approved life limit. The proposed actions are intended to prevent failure of a bevel gear before reaching its currently approved life limit, failure of the IGB, and subsequent loss of helicopter control.

This document grants in full the Volvo Cars of North America, LLC's (Volvo) petition for exemption of the S60 vehicle line in accordance with 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541).

This document grants in full the Ford Motor Company's (Ford) petition for an exemption of the Edge vehicle line in accordance with Sec. 543.9(c)(2) of 49 CFR part 543, Exemption from the Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR part 541). Ford also requested confidential treatment of specific information in its petition. The agency will address Ford's request for confidential treatment by separate letter.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757-200, -200PF, and -200CB series airplanes powered by Rolls-Royce engines. That AD currently requires repetitive inspections of the shim installation between the drag brace fitting vertical flange and bulkhead, and repair if necessary; for certain airplanes, an inspection for cracking of the four critical fastener holes in the horizontal flange, and repair if necessary; and, for airplanes without conclusive records of previous inspections, performing the existing actions. This new AD reduces the repetitive inspection interval; adds repetitive detailed inspections for cracking of the bulkhead, and repair if necessary; allows an extension of the repetitive intervals for certain airplanes by also doing repetitive ultrasonic inspections for cracking of the bulkhead, and repair if necessary; and provides an option for a high frequency eddy current inspection for cracking of the critical fastener holes, and repair if necessary. This action also adds a terminating action for certain repetitive inspections. This AD was prompted by reports of loose fasteners and cracks at the joint common to the aft torque bulkhead and strut-to-diagonal brace fitting, and one report of such damage occurring less than 3,000 flight cycles after the last inspection. We are issuing this AD to detect and correct cracks, loose and broken bolts, and shim migration in the joint between the aft torque bulkhead and the strut-to-diagonal brace fitting, which could result in damage to the strut and consequent separation of the strut and engine from the airplane.