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

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. Feedback from surveys to be conducted under this generic information collection will be used in the prevention of runway collisions and in the medication of the severity and frequency of runway incursions.

The FAA is issuing this notice to advise the public of the thirteenth meeting of the RTCA Special Committee 222, Inmarsat AMS(R)S

On December 9, 2010, FRA published a notice of intent to advise the public that a Tier I environmental impact statement (EIS) would be prepared for the Milwaukee, WI to Minneapolis-St. Paul, MN (Milwaukee-Twin Cities) High-Speed Rail Corridor Program. The original project included passenger stations, maintenance facilities, and the construction of a high-speed rail line between Milwaukee and the Twin Cities. Alternatives originally under consideration included taking no action (No Build), as well as several build alternatives along a variety of corridors between Milwaukee and the Twin Cities. However, to prioritize the limited funding available for the EIS, the Minnesota Department of Transportation (MnDOT) now intends to focus the Tier 1 EIS on improvements to existing service using the existing route on the Milwaukee to Twin Cities passenger rail corridor (the Corridor) from Milwaukee Intermodal Station to the Minneapolis Transportation Interchange. Purpose and Need: The purpose of the current proposed action is to meet future regional travel demand and provide intermodal connectivity to existing and planned transportation systems in Minnesota and Wisconsin. The proposed action offers an opportunity to provide reliable and competitive passenger rail service as an attractive alternative transportation choice between Milwaukee and the Twin Cities by: decreasing travel times, increasing frequency of service, and providing safe and reliable service. The need for the proposed action is based on the limitations and vulnerabilities of available travel modes between Milwaukee and the Twin Cities. Existing transportation modes, including highway, bus, and air travel, have inherent problems including congested highways near the Milwaukee, Madison, and Twin Cities metro areas and airport capacity issues at Minneapolis-St. Paul International Airport and Milwaukee's General Mitchell International Airport. Improved and expanded passenger rail service can provide an alternative mode and/or relief to these congested roadways and airports. The environmental process will identify improvements to infrastructure that would allow for increased train frequency and reduced travel times for passenger rail service along the existing route on the Corridor. The existing route currently has passenger service; Amtrak's Empire Builder serves the Corridor, and, therefore, provides the best opportunity to implement a phased approach for infrastructure improvements.

This action modifies Class E airspace at Portland-Hillsboro Airport, Portland-Hillsboro, OR, to accommodate aircraft departing and arriving under Instrument Flight Rule (IFR) operations at the airport. Also, the geographic coordinates are updated for the airport. This action, initiated by the biennial review of the Portland-Hillsboro airspace area, improves the safety and management of IFR operations at the airport.

We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (ECD) Model MBB-BK 117 C-2 helicopters. This AD requires revising the operating limitations to prohibit flights under instrument flight rules (IFR) or under night visual flight rules (VFR) when the autotrim is inoperative. The actions of this AD are intended to prevent a workload situation whereby stabilizing the helicopter in flight would be difficult if not impossible, resulting in possible loss of helicopter control.

We are superseding an existing airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. That AD currently requires repetitive inspections to detect cracking of the lower corners of the door frame and cross beam of the forward cargo door, and corrective actions if necessary. That AD also requires eventual modification of the outboard radius of the lower corners of the door frame and reinforcement of the cross beam of the forward cargo door, which terminates the existing repetitive inspections. This new AD revises the compliance times for the preventive modification; adds certain inspections for cracks in the number 5 cross beam of the forward cargo door; and adds inspections of the number 4 cross beam if cracks are found in the number 5 cross beam, and corrective actions if necessary. For certain airplanes, this new AD also adds a one-time inspection for airplanes previously modified or repaired, and a one-time inspection of the reinforcement angle for excessive shimming or fastener pull-up, and corrective actions if necessary. This AD was prompted by additional reports of fatigue cracking in the radius of the lower frames and in the lower number 5 cross beam of the forward cargo door. We are issuing this AD to prevent fatigue cracking of the lower corners of the door frame and number 5 cross beam of the forward cargo door, which could result in rapid depressurization of the airplane.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 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.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) ``Driver Qualification (DQ) Files'' to the Office of Management and Budget (OMB) for its review and approval. Motor carriers must maintain a DQ file on each employee-driver and document therein that the individual meets the minimum qualification requirements for a driver of commercial motor vehicles (CMVs) in interstate commerce. The Agency's estimate of the number of drivers subject to these requirements has been revised to exclude any consideration of drivers and motor carriers operating exclusively in intrastate commerce. In addition, this revision request includes an updated estimate of the interstate drivers and an increase in the estimated annual burden hours for this ICR. The bulk of the increase in burden hours is the result of a more accurate Agency estimate of the number of job openings for CMV drivers offered each year. On March 5, 2013, FMCSA published a Federal Register notice allowing for a 60-day comment period on this ICR. The agency received five comments in response to that notice.

We propose to adopt a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model EC135 P1, P2, P2+, T1, T2, and T2+ helicopters to require inspecting each linear transducer bearing (bearing) for freedom of movement. This proposed AD would also require replacing the bearing if there is binding or rough turning or if there is chafing or damage on the lower side of the floor. Also, this proposed AD would require modifying and re-identifying a certain rod. This proposed AD is prompted by an incident involving limited control of a tail rotor because of the binding of a bearing. The proposed actions are intended to detect and replace each bearing subject to binding, which could lead to subsequent loss of control of the helicopter.

This notice provides interested parties with the opportunity to comment on the Maritime Administration's (MarAd) new policy to certify cruise vessel security and safety training providers. As a result of the enactment of the Cruise Vessel Security and Safety Act (``CVSSA''), the USCG, in consultation with the FBI, MarAd headquarters and the United States Merchant Marine Academy (USMMA), developed training standards and curricula to allow for the certification of passenger vessel security personnel, crewmembers, and law enforcement. In addition, the CVSSA provided the Maritime Administrator with the discretionary authority to certify organizations in the United States and abroad that offer the curriculum for training and certification. Pursuant to this authority, the agency is now proposing a voluntary certification program for training providers to assure the general public that passenger cruise vessel security and safety personnel have received training that is in strict compliance with the CVSSA mandated model standards. MarAd certification would serve to assist the cruise industry in identifying and obtaining qualified training services. MarAd invites public comment on this new proposed policy.

PHMSA is sponsoring a two-day public awareness workshop on June 19 and June 20, 2013, at the Hyatt Regency North Dallas hotel in Richardson, Texas. The workshop serves as an opportunity to bring pipeline safety stakeholders together to discuss ways to improve public awareness outreach. Federal and state regulators will share general findings from recent public awareness inspections and various stakeholders (Federal and state regulators, industry, pipeline operators, public, emergency response officials, local public officials, land planners, and excavators) will share their perspectives on what is working and what is not working with existing public awareness requirements and API RP 1162 (1st edition). The goal of the workshop is to discuss ways to strengthen pipeline safety public awareness. The workshop will be webcast.

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.

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.

PHMSA is proposing to address certain matters identified in the Hazardous Materials Transportation Safety Act of 2012 related to the Department's enhanced inspection, investigation, and enforcement authority. Specifically, we are proposing to amend the opening of packages provision to include requirements for perishable hazardous material; add a new notification section; and add a new equipment section to the Department's procedural regulations. For the mandates to address certain matters related to the Department's enhanced inspection, investigation, and enforcement authority, we are proposing no additional regulatory changes. We believe that the Department's current rules that were previously established through notice and comment rulemaking and existing policies and operating procedures thoroughly address the hazmat transportation matters identified by Congress. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will augment DOT's existing enforcement procedures and allow the Department to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. As this rule affects only agency enforcement procedures, it therefore results in no additional burden of compliance costs to industry.

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 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.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; Model A340-200 and -300 series airplanes; and Model A340-541 and -642 airplanes. This proposed AD was prompted by reports of wing tip brakes (WTBs) losing their braking function in service due to heavy wear on the brake discs. WTBs are designed to stop and hold the mechanical transmission of slats and flaps in certain failure cases. This proposed AD would require repetitive operational tests of certain WTB pressure-off-brakes (POBs) for performance on the flap and slat systems, and replacement of any affected WTB with a new or serviceable part if the test fails. This proposed AD would also require eventual replacement of all affected WTBs with a new part, which would terminate the repetitive tests. We are proposing this AD to prevent loss of the WTB braking function, and consequent inability of the flap or slat system to be stopped and held in position during operation, which could result in loss of control of the airplane.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2002 BMW R1100S Motorcycles 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 (1) 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, and (2) they are capable of being readily altered to conform to the standards.

This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (14 CFR). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the 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.

This action modifies two jet routes and seven VOR Federal airways; and removes two VOR Federal airways in the vicinity of Jackson, MS. The FAA is taking this action due to the scheduled decommissioning of the Jackson, MS, VORTAC, and the commissioning of the Magnolia, MS, VORTAC.