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

We propose to supersede an existing airworthiness directive (AD) for the Bell Model 407 helicopters. The existing AD currently requires preflight checking and repetitively inspecting for a crack in certain tailbooms that have been redesigned, replacing the tailboom if there is a crack, modifying and re-identifying certain tailbooms, installing an improved horizontal stabilizer assembly, and assigning a 5,000 hour time-in-service (TIS) limit. Since we issued that AD, we have received several additional reports of cracked tailboom skins. This proposed AD would retain the existing requirements and apply additional inspection requirements. The proposed actions are intended to prevent separation of the tailboom and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain AgustaWestland S.p.A. (Agusta) Model AB139 and AW139 helicopters. This proposed AD would require inspecting the nose landing gear (NLG) pin installations for incorrect assembly. This proposed AD is prompted by reports of incorrectly installed pins discovered on in- service aircraft. The proposed actions are intended to detect incorrectly installed pins, which could result in collapse of the NLG during taxi or landing.

FMCSA revises its April 4, 1997, regulatory guidance concerning the conditions that must be met in order for a commercial motor vehicle (CMV) driver to record meal and other routine stops made during a work shift as off-duty time. The Agency has reviewed the guidance and determined that it includes language that is overly restrictive and inconsistent with the hours-of-service regulations. The 1997 guidance has the effect of discouraging drivers from taking breaks during the work day, or documenting such breaks in their logbooks.

FMCSA announces receipt of applications from 9 individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. The regulation and the associated advisory criteria published in the Code of Federal Regulations as the ``Instructions for Performing and Recording Physical Examinations'' have resulted in numerous drivers being prohibited from operating CMVs in interstate commerce based on the fact that they have had one or more seizures and are taking anti- seizure medication, rather than an individual analysis of their circumstances by a qualified medical examiner. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs for 2 years in interstate commerce.

FMCSA announces receipt of applications from 32 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.

This guidance provides safety precautions and recommended guidance for persons responsible for unloading or transloading \1\ hazardous materials from rail tank cars, specifically those persons heating a rail tank car to prepare its hazardous material contents for unloading or transloading. Further, this guidance reminds such persons of current regulatory requirements addressing this type of operation. PHMSA is issuing this guidance in coordination with the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA), and in consultation with the Federal Railroad Administration (FRA).

This action establishes Class E airspace at Colt, AR. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Delta Regional Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action establishes Class E airspace at Parkston, SD. Controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Parkston Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport.

FMCSA grants a limited 90-day waiver from the 30-minute rest break provision of the Federal hours-of-service (HOS) regulations for the transportation of livestock. Several associations representing various segments of the livestock industry raised concerns about the risks to the health of animals from rising temperatures inside livestock trucks during drivers' mandatory 30-minute break, especially in light of long-range weather forecasts for above-normal temperatures for July, August and September 2013. The industry requested relief, and the Agency has determined that it is appropriate to grant a limited 90- day waiver for this period to ensure the well-being of the Nation's livestock during interstate transportation. The Agency has determined that the waiver, based on the terms and conditions imposed, would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such waiver. This waiver preempts inconsistent State and local requirements.

The FAA is considering a proposal to change 4.78 acres of airport land from aeronautical use to non-aeronautical use and to authorize the sale of airport property located at Bismarck Municipal Airport, Bismarck, North Dakota. The property's location for Parcel A is a triangular parcel of 3.68 acres located west of the street intersection of Airway Avenue and Rifle Range Drive; and the Parcel B is a triangular parcel of 1.1 acres located north of the street intersection of Airway Avenue and Rifle Range Drive within the City of Bismarck, ND. The property's existing aeronautical use is grasslands located outside the approach and departure surfaces of Runway 21 at the Bismarck Municipal Airport, Bismarck, ND. Currently, ownership of the property provides for protection of FAR Part 77 surfaces and compatible land use which would continue to be protected with deed restrictions required in the transfer of land ownership. The proposed non- aeronautical use of the property will likely be zoned industrial however, the exact usage has not been determined. The property is no longer needed for aeronautical use.

The Federal Transit Administration (FTA) has placed in the docket and on its Web site, proposed guidance in the form of a circular to assist grantees in implementing the Enhanced Mobility for Seniors and Individuals with Disabilities Program. The Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. 112-141) blended the New Freedom Program (49 U.S.C. 5317) and the Elderly Individuals and Individuals with Disabilities Program (49 U.S.C. 5310) into a new Enhanced Mobility for Seniors and Individuals with Disabilities Program, authorized at 49 U.S.C. 5310. FTA is updating the circular due to these changes in the law. By this notice, FTA invites public comment on the proposed circular for this program.

The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for; (1) Business centered community- based organizations; (2) transportation-related trade associations; (3) colleges and universities; (4) community colleges or; (5) chambers of commerce, registered with the Internal Revenue Service as 501c(6) or 501c(3) tax-exempt organizations, to compete for participation in OSDBU's Small Business Transportation Resource Center (SBTRC) program in the Great Lakes Region. OSDBU will enter into Cooperative Agreements with these organizations to provide outreach to the small business community in their designated region and provide financial and technical assistance, business training programs, business assessment, management training, counseling, marketing and outreach, and the dissemination of information, to encourage and assist small businesses to become better prepared to compete for, obtain, and manage DOT funded transportation- related contracts and subcontracts at the federal, state and local levels. Throughout this notice, the term ``small business'' will refer to: 8(a), small disadvantaged businesses (SDB), disadvantaged business enterprises (DBE), women owned small businesses (WOSB), HubZone, service disabled veteran owned businesses (SDVOB), and veteran owned small businesses (VOSB). Throughout this notice, ``transportation- related'' is defined as the maintenance, rehabilitation, restructuring, improvement, or revitalization of any of the nation's modes of transportation. Funding Opportunity Number: USDOT-OST-OSDBU-SBTRC2013-5. Catalog of Federal Domestic Assistance (CFDA) Number: 20.910 Assistance to Small and Disadvantaged Businesses. Type of Award: Cooperative Agreement. Award Ceiling: $202,000. Award Floor: $177,000. Program Authority: DOT is authorized under 49 U.S.C. 332(b)(4), (5) & (7) to design and carry out programs to assist small disadvantaged businesses in getting transportation-related contracts and subcontracts; develop support mechanisms, including management and technical services, that will enable small disadvantaged businesses to take advantage of those business opportunities; and to make arrangements to carry out the above purposes.

These special conditions are issued for the Embraer Model EMB- 550 airplane. This airplane has novel or unusual design features as compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. These design features include engine size and the potential torque loads imposed by sudden engine stoppage. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

This action amends Class E airspace at Worthington, MN. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Worthington Municipal Airport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations at the airport. Geographic coordinates of the airport are also updated.

This action proposes to modify Class E airspace at Everett, WA, to accommodate aircraft departing and arriving under Instrument Flight Rules (IFR) at Snohomish County Airport (Paine Field), WA. A minor adjustment would also be made to the geographic coordinates of the Airport. This action, initiated by the biennial review of the Snohomish County airspace area, would enhance the safety and management of aircraft operations at the airport.

This action proposes to establish Class E airspace at the Wasatch VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC) navigation aid, Wasatch, UT, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Salt Lake City Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

This action amends Class E airspace at Ogallala, NE. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Searle Field Airport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action corrects the geographic coordinates in the airspace description of a final rule, published in the Federal Register on June 10, 2013, establishing controlled airspace at Sanibel Island Heliport, Sanibel, FL.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes. This AD was prompted by a report of an uncommanded nose landing gear (NLG) retraction. This AD requires installing a power interruption protection circuit for the landing gear control interface unit (LGCIU). We are issuing this AD to prevent untimely unlocking and/or retraction of the NLG, which, while on the ground, could result in injury to ground personnel and damage to the airplane.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A319-112, -113, and -132 airplanes; Model A320-211, -212, -214, -231, and -232 airplanes; and Model A321-111 and -131 airplanes. This AD was prompted by a report of two fatigue cracks on the left-hand and right-hand sides of the continuity fittings at the front windshield lower framing on a Model A319 series airplane. This AD requires a high frequency eddy current (HFEC) inspection for any cracking on the left- hand and right-hand sides of the windshield central lower node continuity fittings, and repair if necessary. We are issuing this AD to detect and correct cracking of the windshield central lower node continuity fittings, which could reduce the structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain DASSAULT AVIATION Model FALCON 2000, FALCON 2000EX, MYSTERE-FALCON 900, and FALCON 900EX airplanes; and all Model MYSTERE-FALCON 50 airplanes. This AD was prompted by reports that collapse of the main landing gear (MLG) could cause wing tank structure failure, which could result in fuel spillage and consequent fire hazard. This AD requires modification of the wing fuel tanks in the area of the wheel well. We are issuing this AD to prevent fuel spillage in the event of a MLG collapse, and consequent fire hazard.

Under the provisions of Title 49, U.S.C. 47153(d), notice is being given that the FAA is considering a request from Midcoast Regional Redevelopment Authority to waive the surplus property requirements for approximately 3.47 acres of airport property located at Brunswick Executive Airport in Brunswick, ME. It has been determined through study and master planning that the subject parcel will not be needed for aeronautical purposes and would better serve the airport if used for aviation compatible, non- aeronautical revenue generation. Full and permanent relief of the surplus property requirements on this specific parcel will allow the airport and its tenant on this parcels to enter into a long-term lease and begin making infrastructure improvements. All revenues through the leasing of the parcel will continue to be subject to the FAAs revenue- use policy and dedicated to the maintenance and operation of the Brunswick Executive Airport.

FMCSA announces denial of applications from seven individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV), from operating CMVs in interstate commerce. Reasons for denial are listed after each name entry.