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

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.

This action amends Class D airspace at El Monte Airport, El Monte, CA. This action, initiated by the FAA's biennial review of the El Monte Airspace area, creates additional Class D airspace to accommodate aircraft departures and arrivals. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-300, -400, and -500 series airplanes. This AD 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 AD requires repetitive operational tests of the engine fuel suction feed of the fuel system, and corrective actions if necessary. We are issuing this AD 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.

FRA is issuing this notice to advise the public that FRA, the Olmsted County (Minnesota) Regional Railroad Authority (OCRRA), and the Minnesota Department of Transportation (MnDOT) will jointly prepare a Tier One Environmental Impact Statement (EIS) to evaluate potential passenger rail alternatives for the Rochester, Minnesota to Twin Cities, Minnesota Passenger Rail Corridor (the Corridor) in Olmsted, Dodge, Goodhue, Rice, Dakota, Ramsey, and Hennepin Counties in compliance with the National Environmental Policy Act of 1969 (NEPA). The Tier One EIS will analyze environmental impacts for reasonable corridor-level passenger rail route alternatives between Rochester and the Twin Cities. The Tier One EIS will also examine passenger rail service levels, including variations in train frequency, and trip time. FRA is issuing this Notice to invite interested parties, including the public and resource agencies, to comment about the proposed scope of the EIS; to provide information on the nature of the proposed action, including the purpose and need for the proposed action; and to invite public participation in the Tier One EIS process.

The Maryland Transportation Authority (MDTA) has requested FHWA approval of MDTA's proposed plan to temporarily close a portion of I-395 in Maryland (just south of Conway Street in Baltimore City) from approximately 7 p.m. on Wednesday, August 28, 2013, until approximately 6 a.m. on Tuesday, September 3, 2013. The closure is requested to accommodate the construction and operation of the Baltimore Grand Prix (BGP), which will use the streets of downtown Baltimore as a race course. The request is based on the provisions in 23 CFR 658.11 which authorizes the deletion of segments of the federally designated routes that make up the National Network designated in Appendix A of 23 CFR part 658 upon approval by the FHWA. The FHWA seeks comments from the general public on this request submitted by the MDTA for a deletion in accordance with section 658.11(d) for the considerations discussed in this notice.

We propose to supersede an existing airworthiness directive (AD) for MD Helicopters Inc. (MDHI) Model 369A, 369D, 369E, 369H, 369HE, 369HM, 369HS, 369F and 369FF helicopters with certain MDHI or Helicopter Technology Company (HTC) tail rotor blades installed. The existing AD currently requires reducing the retirement life of each tail rotor blade (blade), performing a one-time visual inspection of each blade's pitch horn (pitch horn) for a crack or corrosion, and replacing any cracked blade or any blade that has exceeded its retirement life with an airworthy blade. The AD also requires reporting information to the FAA within 24 hours following the one-time inspection. Since we issued that AD, an accident in England prompted an investigation that showed corrosion on the blade's pitch horn that had not been detected under the paint. This proposed AD would retain some of the requirements in the existing AD but would require paint removal for all pitch horn inspections, inspecting for pitting and the shot peen surface's condition in addition to cracks and corrosion, and would add certain part-numbered blades to the applicability. The proposed actions are intended to prevent a pitch horn from cracking, leading to vibration, loss of tail rotor pitch control, and subsequent loss of tail rotor and helicopter control.

This action proposes to modify Class E airspace at Salt Lake City International Airport, Salt Lake City, UT. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) and Instrument Landing System (ILS) or Localizer (LOC) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at Salt Lake City International Airport. This action also would adjust the geographic coordinates of the airport.

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 a new information collection. A Federal Register Notice for proposed process for limiting aircraft data displayed via ASDI, with a 60-day comment period soliciting comments on the following collection of information was published on May 9, 2012, vol. 77, no. 90, pages 27269-27271. The collected information will be used by the National Air Space Data Release Office to block aircraft flight data as requested by any interested aircraft owner or operator.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This proposed AD was prompted by reports of fractured rudder pedal pushrod connecting bolts in a rudder pedal assembly. This proposed AD would require repetitive replacements of the rudder pedal pushrod connecting bolts and repetitive inspections of the rudder pedal assembly bolt holes in each of the captain and the first officer rudder pedal assemblies, and if necessary, repair or replacement of worn rudder pedal assemblies. We are proposing this AD to prevent fracture of the rudder pedal pushrod connecting bolts during pedal use, which could result in a large involuntary input to the rudder, nose-wheel steering, and braking systems, leading to a runway excursion.

Newell Coach Corporation (Newell) has determined that certain motor homes that it manufactured between June 17, 1996 and August 26, 2008, do not fully comply with paragraph S5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120 Tire Selection and Rims for Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds). Newell filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports on September 9, 2008. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR Part 556, Newell 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 the petition was published, with a 30-day public comment period, on December 19, 2008 in the Federal Register (73 FR 77876). 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. John Finneran, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366-0654, facsimile (202) 366-5930. Tires Involved: Affected are approximately 456 motor homes manufactured by Newell between June 17, 1996 and August 26, 2008. Newell explains that the noncompliance is that the tire and rim information lettering engraved on the vehicles' certification labels\1\ is only 1.8 millimeters high, as opposed to the 2.4 millimeter height required under paragraph S5.3 of FMVSS No. 120.

Fuji Heavy Industries USA, Inc. (Fuji) has determined that certain model year 2010 Subaru Legacy passenger car and Outback multipurpose Passenger Cars, manufactured from the start of their 2010 model year production through June 30, 2009, did not comply with paragraph S19.2.2 of Federal Motor Vehicle Safety Standard FMVSS No. 208, Occupant Crash Protection. Fuji has filed an appropriate report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports, dated July 16, 2009. Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule implementing those provisions at 49 CFR part 556, Fuji 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 Fuji's petition was published, with a 30-day public comment period, on April 19, 2010, in the Federal Register (75 FR 20423). Comments were received from Advocates for Highway & Auto Safety. To view the petition, the comments, 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- 2010-0041.'' For further information on this decision, contact Mr. Lawrence Valvo, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366- 5359. Vehicles Involved: Affected are approximately 3,405 model year 2010 Subaru Legacy passenger car and Outback multipurpose Passenger Cars, manufactured from the start of their 2010 model year production through June 30, 2009. Fuji also estimated that 0.8% of those 3,405 have the subject noncompliance. Summary of Fuji's Analysis and Arguments: Fuji explained that the noncompliance is that front passenger air bag suppression status telltale lamp did not illuminate as required by paragraph S19.2.2 of FMVSS No. 208. Fuji expressed the belief that the cause of the noncompliance is an open circuit in the power supply to the lamp. The Company said that ``installation of the wiring harness to the multifunction display and passenger air bag suppression status telltale was routed at the instrument panel subsupplier such that tension was put on the wiring harness connector'' which can cause it to come loose. To correct this problem, the Company has re-routed the wiring harness to ``push'' rather than ``pull'' on the wiring harness connector in vehicles manufactured after July 10, 2009. The noncompliance was discovered on July 1, 2009, at the Company's Subaru Indiana plant during a quality inspection process that revealed a number of multi-function displays that did not illuminate and further inspection revealed that this also affected the front passenger air bag suppression status telltale.\1\

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, and Model CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD was prompted by a report of corrosion of the components of the main landing gear (MLG) retraction actuator found in service; the corrosion was found at the interface of the rod end and the piston, and at the bracket and related pins. This proposed AD would require inspection of the MLG retraction actuator components; corrective actions if necessary; and, for certain retraction actuators, installation of a new jam nut. We are proposing this AD to prevent disconnection of the MLG retraction actuator, which could result in extension of the MLG without damping, and consequent structural damage and collapse of the MLG during landing.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

FMCSA announces receipt of applications from 25 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. 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. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.

PHMSA seeks comments on the economic impacts of its Hazardous Materials Regulations on small entities. In accordance with section 610 of the Regulatory Flexibility Act and as published in the Unified Agenda and Regulatory Plan, PHMSA is reviewing and analyzing the regulations applicable to the Hazardous Materials Program Procedures to identify requirements which may have a significant impact on a substantial number of small entities. The Unified Agenda and Regulatory plan for the Department of Transportation can be found at the following URL: https://www.gpo.gov/fdsys/pkg/FR-2013-01-15/pdf/2013-00597.pdf .

This action modifies the Philadelphia, PA, Class B airspace area to ensure the containment of large turbine-powered aircraft within Class B airspace, reduce controller workload, and reduce the potential for midair collision in the Philadelphia terminal area.

We are superseding an existing airworthiness directive (AD) for certain Revo, Incorporated Models COLONIAL C-1, COLONIAL C-2, LAKE LA-4, LAKE LA-4A, LAKE LA-4P, and LAKE LA-4-200 airplanes. That AD currently requires a one-time, dye-penetrant inspection of the horizontal stabilizer attachment fitting and repetitive visual inspections of the fitting for any evidence of fretting, cracking, or corrosion (with necessary replacement and modification); replacement of the fitting upon reaching the 850-hours time-in-service (TIS) safe life; and reporting to the FAA the results of the initial inspection and any cracks found on repetitive inspections. This new AD requires the same actions of AD 2005-12-02 except using revised service documents and procedures, adds Model COLONIAL C-1 airplanes to the Applicability, and adds an optional terminating action for the requirements. This AD was prompted by a report from Revo, Incorporated that, while the drawing numbers are different, the attachment fittings on the Model COLONIAL C-1 airplanes are identical in every other respect to those installed on the airplanes referenced in AD 2005-12- 02. We are issuing this AD to correct the unsafe condition on these products.

We are superseding two existing airworthiness directives (AD) that apply to certain The Boeing Company Model 737-100, -200, -200C, - 300, -400, and -500 series airplanes. Those ADs, for certain airplanes, currently require repetitive inspections of the flap track of the wing outboard flap, and corrective actions if necessary; and eventual rework of the flap track assembly and rear spar attachments. For certain airplanes, this new AD adds repetitive inspections, scheduled overhauls, correct alignment during installation, and repetitive maintenance of the flap track, and corrective actions if necessary. This new AD also adds airplanes to the applicability. This AD was prompted by reports that the work sequence and procedures used during installation of replacement tracks could cause loose or cracked tracks. We are issuing this AD to detect and correct cracking and damage in the flap track, which could cause loss of the outboard trailing edge flap and consequent reduced controllability of the airplane.

We are revising 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 in the web of the aft pressure bulkhead at body station 1016 at the aft fastener row attachment to the ``Y'' chord, various inspections for discrepancies at the aft pressure bulkhead, and related investigative and corrective actions if necessary. This new AD requires clarifying certain actions specified in the existing AD. This AD was prompted by several reports of fatigue cracks in the aft pressure bulkhead. We are issuing this AD to detect and correct such fatigue cracking, which could result in rapid decompression of the fuselage.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes an Information Collection Request (ICR) for which NHTSA intends to seek OMB approval.

The FHWA requests input from stakeholders and interested parties on expanding the specific pavement types used in Federal-aid highway traffic noise analyses. Current highway traffic noise analyses rely on data from three pavement types: dense-graded asphaltic concrete (DGAC), open-graded asphaltic concrete (OGAC), and Portland cement concrete (PCC). Prediction of future noise levels is based on the ``average'' pavement type, calculated as the average of the DGAC and PCC vehicle noise emission levels. The FHWA is issuing this Federal Register Notice to invite stakeholders and interested parties to provide comments and suggestions on whether and how to include additional pavement types in Federal-aid highway traffic noise analyses.

We propose to supersede an existing airworthiness directive (AD) that applies to all Airbus Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. The existing AD currently requires a repetitive inspection program on certain check valves in the hydraulic systems that includes, among other things, inspections for lock wire presence and integrity, traces of seepage or black deposits, proper torque, alignment of the check valve and manifold, installing new lock wire, and corrective actions if needed. Since we issued that AD, additional in-service reports of check valves loosening at lower flight cycle thresholds than previously reported have been received. This proposed AD would expand the applicability, reduce the compliance time, change torque values of the check valve tightening, and require a repetitive inspection program for certain check valves in the hydraulic systems on airplanes that have had a certain modification embodied during production or in-service. We are proposing this AD to detect and correct such check valve loosening, which could result in hydraulic leaks, possibly leading to the loss of all three hydraulic systems and consequent loss of control of the airplane.

In accordance with the Privacy Act of 1974, the Department of Transportation's Office of the Secretary of Transportation (DOT/OST) intends to establish a DOT-wide System of Records of Transportation system of records titled, ``DOT/ALL-25, Department of Transportation Biographies System of Records.'' The Department also intends to consolidate the following legacy record systems DOT/FAA 837 Photographs and Biographical Information (April 11, 2000) and DOT/MARAD 011 Biographical Files (April 11, 2000) as part of the same. This system of records will allow the Department of Transportation, to include its Operating Administrations and Secretarial Offices, to collect and maintain biographical information of Department of Transportation employees and other individuals for the purpose of publicizing skills, experiences, and expertise relevant to Department of Transportation activities and services. These records are separate and distinct from and are not compiled from records maintained by the Department for any other function including but not limited to human resources. This system, titled Biographies, will be included in the Department of Transportation's inventory of record systems.

The Federal Highway Administration (FHWA), in cooperation with the Texas Department of Transportation (TxDOT) and the Alamo Regional Mobility Authority (RMA), is issuing this notice to advise the public that the Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the proposed improvements to Loop 1604 from I-35 to US 90 is rescinded. The NOI was originally published in the Federal Register on July 31, 2009 (Volume 74, No. 146, Page 38260) and an amended NOI was published on April 13, 2010 (Volume 75, No. 70, Page 18941) changing the limits of the project.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on February 20, 2013.