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 to renew an information collection. The collection of information is for the purpose of obtaining essential information concerning the applicant's professional and personal qualifications. The FAA uses the information provided to screen and select designees who act as representatives of the FAA Administrator in performing various certification and examination functions under Title VI of Federal Aviation Act.

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 information collected is needed for applicants' noise certification compliance reports in order to demonstrate compliance with 14 CFR Part 36.

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. This program requires public agencies and certain members of the aviation industry to prepare and submit applications and reports to the FAA. Through this program the FAA provides additional funding for airport development which is needed now and in the future.

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.

In accordance with the National Environmental Policy Act of 1969, as amended (NEPA; 42 United States Code 4321 et seq.), Council on Environmental Quality NEPA implementing regulations (40 Code of Federal Regulations parts 1500 to 1508), and FAA Order 1050.1E, Change 1, Environmental Impacts: Policies and Procedures, the FAA is announcing the availability of the ROD to issue a reentry license to Lockheed Martin Corporation for the reentry of the Orion MPCV from Earth orbit to a location in the Pacific Ocean.

FMCSA announces its decision to exempt 8 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.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following proposed information collection activities. Before submitting this proposed information collection request (ICR) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

The Federal Transit Administration invites public comments about our intention to request the Office of Management and Budget's (OMB) to approve the revisions of the following information collection: 49 U.S.C. 5317, New Freedom Program. The information to be collected will be used to accumulate mass transportation financial and operating information using a uniform system of accounts and records. The Federal Register Notice with a 60-day comment period soliciting comments was published on March 6, 2013.

The Surface Transportation Board (Board or STB) adopts regulations that allow the Board to order parties to participate in mediation in certain types of cases and modify and clarify its existing mediation regulations. The Board also establishes a new arbitration program under which carriers and shippers may agree voluntarily in advance to arbitrate certain types of disputes that come before the Board, and clarifies and simplifies its existing arbitration rules.

The FAA is issuing this notice to advise the public of the ninth meeting of the RTCA NextGen Advisory Committee (NAC).

The FRA is issuing this Notice of Intent to advise the public that FRA, jointly with the Georgia Department of Transportation (GDOT), will prepare a Tier 1 Environmental Impact Statement (Study) to evaluate potential passenger rail improvements between Atlanta, GA and Charlotte, NC, along the Southeast High-Speed Rail Corridor (SEHSR) as designated by the USDOT. The Study is being advanced consistent with the federal High-Speed Intercity Passenger Rail (HSIPR) program and includes the development of a Passenger Rail Corridor Investment Plan (PRCIP). A PRCIP provides the data necessary to support an FRA decision to fund and implement major investments in a passenger rail corridor. A PRCIP is comprised of two components: A Tier 1 EIS and a Service Development Plan (SDP). The Tier 1 EIS will address documentation on a broad corridor-level basis and be developed in accordance with the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality (CEQ) regulations, and FRA's Procedures for Considering Environmental Impacts. The SDP addresses the overall scope, alternatives, approach and business case for proposed service and improvements.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require, depending on airplane configuration, replacing fuel pump power control relays with new relays having a ground fault interrupter (GFI) feature, installing ground studs and a bonding jumper, doing certain bonding resistance measurements, and changing the GFI relay position. This proposed AD would also require revising the maintenance program to incorporate certain airworthiness limitations. We are proposing this AD to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 757-200 and -200PF series airplanes. That AD currently requires modifying the nacelle strut and wing structure, and repairing any damage found during the modification. This new AD specifies a maximum compliance time limit that overrides the optional threshold formula results. This AD was prompted by reports indicating that the actual operational loads applied to the nacelle are higher than the analytical loads that were used during the initial design. Subsequent analysis and service history, which includes numerous reports of fatigue cracking on certain strut and wing structure, indicated that fatigue cracking can occur on the primary strut structure before an airplane reaches its design service objective. We are issuing this AD to prevent fatigue cracking in primary strut structure and consequent reduced structural integrity of the strut.

We are superseding an existing airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A119 and AW119 MKII helicopters. The existing AD currently requires inspecting the pilot and copilot engine rotary variable differential transformer (RVDT) control box assemblies to determine if the control gear locking pin is in its proper position. Since we issued that AD, Agusta has developed a terminating action for this inspection. This AD requires the same actions as the existing AD as well as modifying the RVDT control box assemblies. The actions of this AD are intended to prevent failure of an RVDT control box assembly, loss of manual control of the engine throttle, and subsequent loss of control of the helicopter.

The Federal Highway Administration (FHWA) is issuing this notice to advise the public that the Notice of Intent published on September 24, 2007 to prepare an Environmental Impact Statement (EIS) for a proposed transportation project in Dickson County, Tennessee, is being rescinded.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval, and invites public comment. An initial emergency request and 30-day notice was first published on October 18, 2011 for this ICR. The purpose of this information collection is to assess the current levels of voluntary compliance by motorcoach operators to provide pre-trip safety awareness and emergency preparedness information to passengers and to obtain passenger opinions of the implementation of the pre-trip program and any recommended improvements. This information, along with its conclusions, will be used to inform future initiatives, policies, and rules as appropriate; will be presented to the National Transportation Safety Board (NTSB) and Congress; and will contribute to the general literature regarding practices for improving motorcoach safety in the United States.

This action amends the Order Limiting Operations at New York LaGuardia Airport (LGA) that published on December 27, 2006, and was amended on November 8, 2007, August 19, 2008, October 7, 2009, April 4, 2011, and May 23, 2012. The Order remains effective until the final Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 24, 2014.

This action amends the Order Limiting Operations at John F. Kennedy International Airport (JFK) that published on January 18, 2008, and was amended on February 14, 2008, October 7, 2009, and April 4, 2011. The Order remains effective until the final Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 24, 2014.

Nissan North America, Inc. (Nissan), has determined that certain model year 2008 through 2010 Nissan Titan trucks do not fully comply with the requirements of paragraph S19.2.2(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Nissan has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated August 18, 2010. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provision at 49 CFR Part 556, Nissan has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of Nissan's petition was published, with a 30 day public comment period, on December 21, 2010, in the Federal Register (75 FR 80109). No comments were received. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: https://www.regulations.gov/. Then follow the online search instructions to locate docket number ``NHTSA-2008-0210.'' Contact Information: For further information on this decision, contact Mr. Lawrence Valvo, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-5359, facsimile (202) 366-7002. Vehicles Involved: Affected are approximately 102,254 model year 2008 through 2010 Nissan Titan trucks that were manufactured from April 10, 2007, through August 6, 2010. Summary of Nissan's Petition: Nissan states that the noncompliance is that the label identifying the amber air bag status telltale lamp for the front outboard passenger seating position is identified with the words ``PASSENGER AIR BAG'' instead of ``PASSENGER AIR BAG OFF.'' Nissan believes the noncompliance is inconsequential to motor vehicle safety for the following reasons: 1. The passenger air bag system on the subject vehicles operates as designed and automatically deactivates the passenger air bag when it is appropriate in accordance with the requirements in S19.2 of FMV55 No. 208. That is, the system requires no input from the operator to perform its intended function. Further, the front passenger airbag status telltale operates correctly and illuminates when the passenger air bag is deactivated as required by the standard. 2. The meaning of the air bag status telltale alone (without the identifying words) is unequivocal to the vehicle occupants. The telltale remains off when the passenger air bag is in the normal mode. When the passenger air bag is deactivated, the telltale is illuminated, showing an icon representing an air bag with an X drawn over it. This clearly represents a deactivated air bag. Nissan notes that in certain other markets, the telltale alone is deemed sufficient with no identifying words required next to the telltale. The identifying words ``passenger side air bag'' (without the word ``OFF'') do not confuse the otherwise clear and readily apparent meaning of the telltale. 3. Information provided in several locations in the vehicle owner's manual further reduces any possibility of operator confusion. If the meaning of telltale is unclear, the operator can refer to multiple explanations in the owner's manual. 4. Telltale Function is also described in Quick Reference Guide. 5. There have been no customer complaints, injuries, or accidents related to the word ``OFF'' missing from the label. Nissan has searched its databases and has found no cases of misunderstanding the telltale. 6. Nissan conducted an informal survey at Nissan's National Headquarters Building in Franklin, Tennessee. The building houses mostly business personnel (sales marketing, finance) and not design engineers that would have special understanding of the air bag systems. As employees were approaching the building to begin their workday, they were asked to participate in a survey regarding the Titan and that the survey would take about 30 seconds of their time. The participants represented a good cross-section of the general population by age, gender and race. The subject Titan pickup truck was equipped with the required yellow passenger side air bag status telltale that contained the ``no air bag'' symbol, but did not display the word ``OFF''. The passenger air bag telltale was illuminated. Survey participants were asked to describe the meaning of the telltale. Sixty people participated in the survey. Of the sixty people, 58 responded correctly that the telltale indicated the passenger side airbag was in suppressed mode. The survey shows that people understand the meaning of the passenger air bag telltale even with the word ``OFF'' missing. We note also that adding the word ``OFF'' did not help the two respondents to understand the meaning of the telltale. They would have needed to consult the Owner's Manual. Nissan acknowledges that this was an ad hoc survey that may not meet rigid statistical standards, nevertheless, we believe it is predictive of the results that would be obtained from a larger, controlled survey. 7. A decision to grant this petition would be consistent with arguably similar prior requests related to labeling issues. For example, NHTSA has previously granted petitions related to certain tire and tire placard labeling errors. Nissan also states that it has taken steps to correct the non- compliance in future production. Supported by the above stated reasons, Nissan believes that the described FMVSS No. 208 noncompliance is inconsequential to motor vehicle safety, and that its petition, to exempt it from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120, should be granted. Discussion: Section S19.2.2 of FMVSS No. 208 specifically states:

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intention to request extension of approval for three years of a currently approved information collection.

The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements at 49 U.S.C. 11323-25 for Grand Trunk Western Railroad Company (GTW), an indirect, wholly owned subsidiary of Canadian National Railway Company, to acquire from CSX Transportation, Inc. (CSXT) an exclusive, perpetual, non-assignable railroad operating easement over: 1. The location of the railroad at-grade crossing, at or near Leewood, between CSXT at milepost 00F Z 371.26 and Illinois Central Railroad Company (IC) at milepost 387.85, including the underlying right-of-way extending 50 feet on either side of the centerline of the CSXT tracks to IC's existing right-of-way and 75 feet on either side of the centerline of the IC tracks, together with appurtenances (other than the CSXT tracks outside the crossing) and related interlocking (Leewood Crossing); and 2. The location of the railroad at-grade crossing, at or near Aulon, between CSXT at milepost 0NI 224.05 and IC at milepost 390.0, including the underlying right-of-way extending approximately 50 feet on either side of the centerline of the CSXT track to IC's existing right-of-way and 50 feet on either side of the centerline of the IC tracks, together with appurtenances (other than the CSXT tracks outside the crossing) and related interlocking (Aulon Crossing). This acquisition is related to the Board's February 8, 2013 decision in this docket granting GTW's petition for exemption under 49 U.S.C. 10502 from the prior approval requirements at 49 U.S.C. 11323-25 to acquire from CSXT an operating easement over approximately 2.1 miles of CSXT's Memphis Terminal Subdivision between Leewood, Tenn., and Aulon, Tenn. After the Board served that decision, CSXT and GTW realized that they had unintentionally failed to seek authority permitting the operating easement to span the Aulon and Leewood Crossings. By a decision served on May 9, 2013, the Board is granting GTW's petition for supplemental authority and allowing it to expand its operating easement over these crossings.

We propose to supersede an existing airworthiness directive (AD) that applies to certain Airbus Model A318-111 and -112 airplanes, Model A319 series airplanes, Model A320 series airplanes, and Model A321 series airplanes. The existing AD currently requires repetitive inspections of the 80VU rack lower lateral fittings for damage; repetitive inspections of the 80VU rack lower central support for cracking; and corrective action if necessary. That existing AD also specifies optional terminating action for the repetitive inspections. Since we issued that AD, we have received reports of worn lower lateral fittings of the 80VU rack. This proposed AD would reduce the inspection compliance time, add an inspection of the upper fittings and shelves of the 80VU rack, and add airplanes to the applicability. We are proposing this AD to detect and correct damage or cracking of the 80VU fittings and supports, which could lead to possible disconnection of the cable harnesses to one or more computers and, if occurring during a critical phase of flight, could result in reduced control of the airplane.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, USACE and USFWS that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed State Route 41 Madera Passing Lanes project 0.3 miles north of Road 208 to 2.2 miles north of Road 208 in Madera County, in the State of California. Those actions grant licenses, permits, and approvals for the project.