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

FMCSA announces the granting of an exemption of 55 member- companies of the American Pyrotechnics Association (APA) from FMCSA's regulation prohibiting drivers of commercial motor vehicles (CMVs) from driving after the 14th hour after coming on duty. The FMCSA renews the exemption for 45 APA member-companies and grants 10 additional carriers coverage by the exemption, which is applicable during the periods June 28-July 8, 2013, and June 28-July 8, 2014, inclusive. The requested renewal of the exemption for one motor carrier is being denied. Additionally, the APA advised FMCSA of the removal from the original renewal application of two companies that are no longer in business or no longer members of the APA. The original application was for 58 carriers; two were removed by APA and one denied by FMCSA, leaving 55 carriers being granted the exemption. Drivers who operate these CMVs in conjunction with staging fireworks shows celebrating Independence Day will be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. These drivers will continue to be subject to a prohibition from driving after accumulating 14 hours on duty, the 11-hour driving time limit, and the 60- and 70- hour limits. FMCSA believes that with the terms and conditions in place, APA-member motor carriers will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

The FAA is issuing this notice to advise the public that a Written Re-Evaluation and Record of Decision (ROD) for an Environmental Impact Statement has been prepared for Theodore Francis Green Airport in Warwick, Rhode Island.

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.

FRA issues this proposed rule in accordance with a statutory mandate that the Secretary of Transportation require certain major railroads to develop, and submit to the Secretary for approval, critical incident stress plans that provide for appropriate support services to be offered to their employees who are affected by a ``critical incident'' as defined by the Secretary. The NPRM proposes a definition of the term ``critical incident,'' the elements appropriate for the rail environment to be included in a railroad's critical incident stress plan, the type of employees to be covered by the plan, a requirement that a covered railroad submit its plan to FRA for approval, and a requirement that a railroad adopt and comply with its FRA-approved plan.

We are publishing a new airworthiness directive (AD) for various model helicopters with certain part-numbered and serial- numbered Goodrich externally-mounted hoists installed. This AD requires performing a cable conditioning lift and a load inspection test, deactivating or replacing any hoist that fails the load inspection test, and recording the results of the load inspection test. This AD is prompted by a report of a failure of the overload clutch resulting in an in-flight failure of a hoist containing a dummy load during a maintenance flight. These actions are intended to detect conditions that may result in failure of the hoist and injury to persons being lifted.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by reports of chafing found on the main landing gear (MLG) yoke. The chafing was attributed to contact between the nacelle fire detection wires and the MLG yoke. This AD requires inspections of the nacelle fire detection wires and the MLG yoke for damage; replacing nacelle fire detection wires, if necessary; repairing the MLG yoke, if necessary; and installing brackets and associated hardware to secure the fire detection wires. We are issuing this AD to prevent chafing between the nacelle fire detection wires and the MLG yoke. Chafing could lead to cracking and subsequent failure of the MLG yoke, which could adversely affect the safe landing of the airplane. In addition, chafing of the nacelle fire detection wires could cause them to fail and prevent the detection of a fire in the nacelle assembly.

Panda Power LLC (Panda Power) \1\, has determined that High Intensity Discharge (HID) lighting kits \2\ that it imported and sold during 2007, 2008 and 2009 failed to meet the requirements of paragraph S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Panda Power has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated February 10, 2010.

BMW of North America, LLC (BMW) \1\, a subsidiary of BMW AG \2\, Munich, Germany, has determined that certain model year (MY) 2012 MINI Cooper Countryman passenger cars with optional three passenger rear seating and manufactured between August 1, 2011 and May 23, 2012, do not fully comply with paragraph S4.3 (b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. BMW has filed an appropriate report dated June 1, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.

The FTA and the Southeastern Pennsylvania Transportation Authority (SEPTA) are planning to prepare an Environmental Impact Statement (EIS) and Section 4(f) Evaluation for increased transit service to King of Prussia, PA. The EIS will be prepared in accordance with regulations implementing the National Environmental Policy Act (NEPA), as well as FTA's regulations and guidance for implementing NEPA (40 CFR 1501.2 through 8 and 23 CFR 771.111). FTA is issuing this notice to solicit public and agency input regarding the scope of the EIS and to advise the public and agencies that outreach activities conducted by SEPTA and its representatives will be considered in the preparation of the EIS. SEPTA is undertaking this Draft EIS under current FTA regulations and guidance. SEPTA has indicated that it intends to seek FTA New Starts funding.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection under Office of Management and Budget (OMB) Control No. 2137-0522, titled ``Incident and Annual Reports for Gas Pipeline Operators.'' PHMSA is preparing to revise seven forms which are included in this information collection. These forms include: PHMSA F 7100.1 Incident ReportGas Distribution System; PHMSA F 7100.1-2 Mechanical Fitting Failure Report Form for Calendar Year 20 for Distribution Operators; PHMSA F 7100.2 Incident ReportNatural and Other Gas Transmission and Gathering Pipeline Systems; PHMSA F 7100.2-1 Annual Report for Calendar Year 20 Natural and Other Gas Transmission and Gathering Pipeline Systems; PHMSA F 7100.3 Incident ReportLiquefied Natural Gas Facilities; and PHMSA F 7100.3-1 Annual Report for Calendar Year 20 Liquefied Natural Gas Facilities. In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on the proposed revisions to these forms and instructions.

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. Title 49, United States Code, Sections 40117 (k) and 47106 (f) require that a covered airport submit a written competition plan to the Secretary/Administrator in order to receive approval to impose a Passenger Facility Charge (PFC) or to receive a grant under the Airport Improvement Program (AIP).

This action amends Class E Airspace at Selmer, TN, as the Sibley Non-Directional Beacon (NDB) has been decommissioned and new standard instrument approach procedures developed for Instrument Flight Rules (IFR) operations at Robert Sibley Airport. This enhances the safety and management of aircraft operations at the airport. This action also updates the geographic coordinates of the airport.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 747SP series airplanes, and certain The Boeing Company Model 747-100B SUD and 747-300 series airplanes. This AD was prompted by an evaluation by the design approval holder indicating that the fuselage skin just above certain lap splice locations is subject to widespread fatigue damage. This AD requires repetitive inspections for cracking of the fuselage skin above certain lap splice locations, and repair if necessary. We are issuing this AD to detect and correct fatigue cracking of the fuselage skin, which could result in reduced structural integrity of the airplane and sudden loss of cabin pressure.

We are adopting a new airworthiness directive (AD) for all B-N Group Ltd. Models BN-2, BN-2A, BN2A MK. III, BN2A MK. III-2, BN2A MK. III-3, BN-2A-2, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2A-3, BN-2A- 6, BN-2A-8, BN-2A-9, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN-2T, and BN-2T-4R airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as inadequate sealing of the fuel filler cap (fuel tank cap) and the fuel filler receptacle (fuel tank opening), which could lead to contaminated fuel and result in in-flight shutdown of the engine. We are issuing this AD to require actions to address the unsafe condition on these products.

FMCSA announces and requests public comment on data and information concerning the Pre-Authorization Safety Audit (PASA) for Sergio Tristan Maldonado doing business as Tristan Transfer (Tristan) with U.S. Department of Transportation (USDOT) number 2348928, which applied to participate in the Agency's long-haul pilot program to test and demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the municipalities in the United States on the United States-Mexico international border or the commercial zones of such municipalities. This action is required by the ``U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007'' and all subsequent appropriations.

This action proposes to modify two jet routes, six VOR Federal airways, and three area navigation routes; to establish six area navigation (RNAV) routes; and to cancel two VOR Federal airways in the northeast United States. The FAA is proposing this action due to the scheduled decommissioning of the Lake Henry, PA, VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) facility which provides navigation guidance for portions of the affected routes. This action would enhance the safety and efficient management of aircraft within the National Airspace System.

Hyundai America Technical Center, Inc., on behalf of Hyundai Motor Company (collectively referred to as ``Hyundai'') \1\ has determined that certain model year (MY) 2011 and 2012 Hyundai Sonata Hybrid passenger cars, do not fully comply with paragraph Sec. 4.1.5.5.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash Protection. Hyundai has filed an appropriate report dated March 8, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports.

FMCSA announces receipt of applications from 24 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

This action corrects a final rule published in the Federal Register of May 14, 2013, that amends Class D airspace at El Monte Airport, El Monte, CA. In that rule, the legal description references the airport bearing incorrectly.

We are adopting a new airworthiness directive (AD) for all General Electric Company (GE) GE90-110B1 and GE90-115B turbofan engines. This emergency AD was sent previously to all known U.S. owners and operators of these engines. This AD prohibits operation of an airplane with affected transfer gearbox assemblies (TGBs) installed on both engines five days after the effective date of this AD. This AD was prompted by reports of two failures of TGBs which resulted in in-flight shutdowns (IFSDs). We are issuing this AD to prevent additional IFSDs of one or more engines, loss of thrust control, and damage to the airplane.

This final rule is issued to revise sections of the Alcohol and Controlled Substances (D&A) Testing regulation to reflect recent amendments to the law. The final rule also includes technical corrections to the D&A testing regulation to more clearly explain existing compliance requirements, update regulatory terms, and remove repealed statutory provisions. Because this rule merely implements a statutory provision without agency interpretation FTA finds that public comment is unnecessary under the circumstances.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 228Minimum Operational Performance Standards for Unmanned Aircraft Systems.

The FAA is issuing this notice to advise the public of the sixth meeting of the RTCA Special Committee 226, Audio Systems and Equipment

This SNPRM would further modify the Class D airspace area at Santa Monica Municipal Airport, Santa Monica, CA. In a NPRM published in the Federal Register of October, 27, 2011, the FAA proposed to create additional Class D airspace at Santa Monica Municipal Airport. The FAA has reassessed the proposal and finds that further enlargement of the airspace area is necessary for the safety and management of Instrument Flight Rules (IFR) operations in the Santa Monica, CA, area. The geographic coordinates of the airport also would be adjusted.