Department of Transportation July 2013 – Federal Register Recent Federal Regulation Documents
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Special Conditions: Eclipse, EA500, Certification of Autothrottle Functions Under Part 23
This action proposes special conditions for the Eclipse EA500 airplane. This airplane as modified by Innovative Solutions and Support (IS&S) will have a novel or unusual design feature(s) associated with the autothrottle system (ATS). 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.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Help, Inc.
FMCSA requests public comment on an application for exemption from Help, Inc. to allow its transponder systems to be mounted on commercial motor vehicles lower in the windshield than is currently permitted by the Agency's regulations in order to utilize a mounting location that maximizes the device's ability to send and receive roadside data. The Federal Motor Carrier Safety Regulations (FMCSRs) currently require antennas, transponders, and similar devices to be located not more than 6 inches below the upper edge of the windshield, outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. Help, Inc. believes that mounting the transponder lower in the windshield will maximize a driver's external view of the roadway.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to exempt 32 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.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 and -300 series airplanes, and Model A340-200, - 300, -500, and -600 series airplanes. This proposed AD results from fuel system reviews conducted by the airplane manufacturer. This proposed AD would require removing bulb type maintenance lights; installing a drain mast on certain airplanes; and installing muffs on connecting bleed elements on certain airplanes. We are proposing this AD to prevent ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.
Airworthiness Directives; Fokker Services B.V. Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This proposed AD was prompted by a design review, which revealed that under certain failure conditions of the maximum level (Max Level) sensor wiring, a short circuit may develop that causes a hot spot on the wiring conduit, or puncturing of the wiring conduit wall in the center wing fuel tank. This proposed AD would require installing fuses in the Max Level sensor wiring; and revising the airplane maintenance program by incorporating critical design configuration control limitations. We are proposing this AD to prevent an ignition source in the center wing fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; Fokker Services B.V. Airplanes
We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This proposed AD was prompted by a design review, which revealed that, under certain failure conditions, wiring in the main fuel tank could develop a short circuit that might cause a hot spot on the wiring conduit or puncture the wiring conduit wall. This proposed AD would require installing fuses in the power supply wiring and/or return wiring for various components in the fuel system; and revising the airplane maintenance program by incorporating critical design configuration control limitations. We are proposing this AD to prevent an ignition source in the main fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; BAE Systems (Operations) Limited Airplanes
We propose to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes. This proposed AD was prompted by a report of a cracked pick- up bracket of the forward outboard pylon of the number 1 engine due to stress corrosion. This proposed AD would require repetitive inspections and, depending on findings, repair of the pylon pick-up brackets. We are proposing this AD to detect and correct cracking of the pick-up bracket, which could result in the engine pylon separating from the wing, with consequent damage to the airplane and reduced controllability.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ONDINE; Invitation for Public Comments
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.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FISH ON; Invitation for Public Comments
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.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel WING; Invitation for Public Comments
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.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel IMPOSSIBLE DREAM; Invitation for Public Comments
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.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TWO BUOYS ONE GULL; Invitation for Public Comments
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.
Information Collection Available for Public Comments and Recommendations
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.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Human Response to Aviation Noise in Protected Natural Areas Survey
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 research is important for establishing the scientific basis for air tour management policy decisions in the National Parks as mandated by the National Parks Air Tour Management Act of 2000.
Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Information Regarding Ferry Flights in On-Demand Operations
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. The collection involves an assessment of the number of ferry flights typically conducted by on-demand air carriers and the costs associated with those flights. The information to be collected will be used to conduct a benefit cost analysis in connection with rulemaking as required by Congress.
Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Helicopter Air Ambulance Operator Reports
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. The FAA Modernization and Reform Act of 2012 included a mandate to begin collection of operational data from Air Ambulance operators. FAA is to summarize the data and report to Congress no later than February 14, 2014, and annually thereafter.
Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat-Belt Pretensioners (RRR)
The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seat-belt pretensioners. The revisions incorporate the provisions of two special permits into the regulations. In addition, PHMSA is amending the current approval and documentation requirements for a material classified as a UN3268 air bag inflator, air bag module, or seat-belt pretensioner. These revisions are intended to reduce the regulatory burden on the automotive industry and facilitate commerce, while continuing to maintain an equivalent level of safety.
Notice of Receipt of Petition for Decision That Nonconforming 1996 Chevrolet Impala Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 1996 Chevrolet Impala passenger cars 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 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 (the U.S.-certified version of the 1996 Chevrolet Impala passenger cars) and they are capable of being readily altered to conform to the standards.
Notice of Receipt of Petition for Decision That Nonconforming 2005 Jaguar XKR Passenger Cars Are Eligible for Importation
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2005 Jaguar XKR passenger cars 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 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 (the U.S.- certified version of 2005 Jaguar XKR passenger cars) and they are capable of being readily altered to conform to the standards.
Osram Sylvania Products Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance
Osram Sylvania Products, Inc.\1\ (Osram) has determined that certain Type HB2 replaceable light sources, manufactured between September 25 2011 and October 8, 2011, do not fully comply with paragraph S7.7 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamp, Reflective Devices, and Associated Equipment. Osram has filed an appropriate report dated November 23, 2011,\2\ pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Airworthiness Directives; The Boeing Company Airplanes
We are revising an earlier proposed airworthiness directive (AD) for all The Boeing Company Model 777-200, -200LR, -300, and -300ER series airplanes. That supplemental notice of proposed rulemaking (SNPRM) proposed to require revising the maintenance program to incorporate a revision to the Airworthiness Limitations Section of the maintenance planning data (MPD) document. That SNPRM 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 action revises that SNPRM by adding Model 777F series airplanes to the applicability. We are proposing this AD to detect and correct failure of the engine fuel suction feed 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. Since this action imposes an additional burden over that proposed in the previous SNPRM, we are reopening the comment period to allow the public the chance to comment on this proposed change.
Amendment of Class E Airspace; Salt Lake City, UT
This action modifies Class E airspace at Salt Lake City, UT, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) and Instrument Landing System (ILS) or Localizer (LOC) standard instrument approach procedures at Salt Lake City International Airport. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also adjusts the geographic coordinates of the airport, and makes a minor change to the legal description of Class E airspace extending upward from 1,200 feet above the surface, at Salt Lake City, UT.
Amendment of Class E Airspace; Gustavus, AK
This action amends Class E airspace at Gustavus Airport, Gustavus, AK. Decommissioning of the Gustavus 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 also adjusts the geographic coordinates of the airport.
Airworthiness Directives; Bell Helicopter Textron Helicopters
We are superseding Airworthiness Directive (AD) 2008-10-03 for Bell Helicopter Textron Helicopters (Bell) Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412CF, and 412EP helicopters. AD 2008-10-03 required certain checks and inspections of each tail rotor blade assembly (T/R blade) at specified intervals and repairing or replacing, as applicable, any cracked or damaged T/R blade. Since we issued AD 2008-10-03, an accident attributed to a T/R failure occurred. This new AD retains the requirements of AD 2008-10-03 and adds a second, more detailed inspection that allows for an earlier detection of a crack or other damage in a T/R blade. These actions are intended to prevent a failure of the T/R blade and subsequent loss of helicopter control.
Notice of Final Federal Agency Actions on Transportation Project in Washington State
This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the State Route 167 Puyallup to SR 509, Puyallup River Bridge Replacement Project, located in the City of Puyallup (Milepost [MP] 6.40) in Pierce County, Washington. The action by FHWA is the Record of Decision (ROD), which selects a new bridge and roadway alignment for southbound traffic, which will accommodate the future SR 167 Extension interchange and removes the existing steel truss as a last order of work. Actions by other Federal agencies include issuing permits.
National Tunnel Inspection Standards
The FHWA is proposing the National Tunnel Inspection Standards (NTIS) for highway tunnels. The FHWA previously proposed the NTIS in a notice of proposed rulemaking (NPRM) published in the Federal Register on July 22, 2010. On July 6, 2012, the President signed the Moving Ahead for Progress in the 21st Century Act (MAP-21), which requires the Secretary to establish national standards for tunnel inspections. The MAP-21 requires that NTIS contain a number of provisions that were not included in the proposal set forth in the earlier NPRM. As a result, FHWA is issuing this SNPRM to request comment on a revised NTIS proposal that incorporates the provisions required by MAP-21. This SNPRM proposes requirements for tunnel owners, including the establishment of a program for the inspection of highway tunnels, maintenance of a tunnel inventory, reporting of the inspection findings to FHWA, and correction of any critical findings identified during these inspections.
Airworthiness Directives; CFM International, S. A. Turbofan Engines
We are adopting a new airworthiness directive (AD) for certain CFM International, S. A. (CFM) model CFM56-5 and CFM56-5B series turbofan engines. This AD was prompted by corrosion of the delta-P valve in the hydro-mechanical unit (HMU) fuel control caused by exposure to type TS-1 fuel. This AD requires cleaning, inspection, and repair of affected HMUs. We are issuing this AD to prevent seizure of the HMU, leading to failure of one or more engines and damage to the airplane.
Proposed Establishment of Class E Airspace; Salmon, ID
This action proposes to establish Class E airspace at the Salmon VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME) navigation aid, Salmon, ID, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Salt Lake City and Seattle Air Route Traffic Control Centers (ARTCCs). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Proposed Establishment of Class E Airspace; Rome, OR
This action proposes to establish Class E airspace at the Rome VHF Omni-Directional Radio Range/ Distance Measuring Equipment (VOR/DME) navigation aid, Rome, OR, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Salt Lake City, Oakland and Seattle Air Route Traffic Control Centers (ARTCCs). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Proposed Establishment of Class E Airspace; Akutan, AK
This action proposes to establish Class E airspace at Akutan Airport, Akutan, AK. Controlled airspace is necessary to accommodate aircraft using the new Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at the airport. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.
Proposed Amendment of Class E Airspace; St. George, UT
This action proposes to amend Class E airspace at St. George Municipal Airport, St. George, UT, by removing the operating hours established by a Notice to Airmen (NOTAM) due to the airport changing from a part time to a full time facility. The FAA is proposing this action to enhance the safety and management of aircraft operations at St. George Municipal Airport, St. George, UT.
Proposed Establishment of Class E Airspace; Cut Bank, MT
This action proposes to establish Class E airspace at the Cut Bank VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC) navigation aid, Cut Bank, MT, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Salt Lake City and Seattle Air Route Traffic Control Centers (ARTCCs). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Notice of Opportunity for Public Comment on Surplus Property Release at Huntsville International Airport, Huntsville, AL
Under the provisions of Title 49, U.S.C. 47153(c), notice is being given that the FAA is considering a request from the Huntsville- Madison County Airport Authority to waive the requirement that a 4.58- acre parcel of surplus property, located at the Huntsville International Airport, be used for aeronautical purposes.
Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State of Texas for Categorical Exclusions
This notice announces that the FHWA and the Texas Department of Transportation (State) have developed a proposed MOU, pursuant to 23 U.S.C. 326, under which the FHWA would assign to the State the FHWA's responsibility for determining whether a project is categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (NEPA), and for carrying out certain other responsibilities for conducting environmental reviews, consultations, and related activities for Federal-aid highway projects. The public is invited to comment on any aspect of the proposed MOU, including the proposed designations of categorical exclusions and scope of environmental review, consultation and other activities to be assigned.
Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders
We propose to adopt a new airworthiness directive (AD) for Schempp-Hirth Flugzeugbau GmbH Model Duo Discus T gliders. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 the instructions provided to inspect the propeller hub and blades are insufficient for detecting cracks and/or other damage, and other operating instructions provided by the flight and maintenance manual are incorrect and insufficient. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Adrian Steel Company, Grant of Petition for Decision of Inconsequential Noncompliance
Adrian Steel Company (Adrian), on behalf of Commercial Truck and Van Equipment, Inc. (CTV), determined that certain Model Year 2006- 2008 incomplete vehicles that CTV completed as trucks did not fully comply with paragraphs S4.3(a), S4.3(c) and S4.3(d) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Adrian has filed an appropriate report dated June 10, 2008 pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h), and 49 CFR Part 556, on June 10, 2008, Adrian submitted a petition for an exemption from the notification and remedy requirements of 49 U.S.C. 30118 and 30120 on the basis that this noncompliance is inconsequential to motor vehicle safety. NHTSA published a notice of receipt of the petition, with a 30- day public comment period, on December 10, 2008, in the Federal Register, 73 FR 75171. In response to the petition, NHTSA did not receive any comments. 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-2008-0176.''
Airworthiness Directives; the Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD requires either removal or inspection of the Honeywell fixed emergency locator transmitter (ELT), and corrective action if necessary. This AD was prompted by a report of a fire involving a Honeywell fixed ELT. We are issuing this AD to prevent a fire in the aft crown of the airplane, or to detect and correct discrepancies within the ELT that could cause such a fire.
Limitation on Claims against Proposed Public Transportation Projects
This notice announces a final environmental action taken by the Federal Transit Administration (FTA) for a project in New York, NY. The purpose of this notice is to announce publicly the environmental decision by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of 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.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of 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.
Critical Parts for Airplane Propellers; Correction
The FAA is correcting a final rule published on January 18, 2013 (78 FR 4038). In that rule, the FAA established airworthiness standards for airplane propellers. That action required 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. An unintentional error was introduced in Sec. 35.15 when we revised paragraph (d). We did not intend to revise paragraph (d). This correction will add paragraph (d) to the end of paragraph (c), and restore the former paragraph (d).
Airworthiness Directives; Hartzell Propeller, Inc. Propellers
We are adopting a new airworthiness directive (AD) for certain Hartzell Propeller, Inc. propeller models HC-(1,D)2(X,V,MV)20-7, HC- (1,D)2(X,V,MV)20-8, and HC-(1,D)3(X,V,MV)20-8. This AD was prompted by failures of the propeller hydraulic bladder diaphragm and resulting engine oil leak. This AD requires replacement of the propeller hydraulic bladder diaphragm. We are issuing this AD to prevent propeller hydraulic bladder diaphragm rupture, loss of engine oil, damage to the engine, and loss of the airplane.
Airworthiness Directives; General Electric Company Turbofan Engines
We propose to adopt a new airworthiness directive (AD) for certain General Electric Company (GE) GE90-110B1 and -115B turbofan engines. This proposed AD was prompted by multiple events of a leaking variable bypass valve (VBV) actuator fuel supply tube. This proposed AD would require replacement of this VBV actuator fuel supply tube with a part eligible for installation. We are proposing this AD to prevent failure of the affected fuel supply tube, fuel leakage, engine fire, and damage to the airplane.
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