Department of Transportation August 12, 2013 – Federal Register Recent Federal Regulation Documents

FRA announces the forty-ninth meeting of the RSAC, a Federal Advisory Committee that develops railroad safety recommendations through a consensus process. The topic of the RSAC meeting will be the July 6, 2013, derailment involving an unattended freight train containing hazardous materials that rolled down a descending grade and subsequently derailed in Lac-M[eacute]gantic, Quebec, Canada. At this time, it is estimated that this accident resulted in 42 fatalities, and 5 persons are still reported to be missing. Remarks will be given by the FRA Administrator, Committee members will be briefed on the preliminary findings of the accident, and discussions will involve the safety issues related to the July 6 accident.

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 no controlled bonding provisions are present on a number of critical locations inside the fuel tank or connected to the fuel tank wall. This proposed AD would require installing additional bonding provisions in the fuel tank, and revising the airplane maintenance program by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are proposing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.

This action proposes to amend Class E airspace at Carlsbad, NM. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Cavern City Air Terminal. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

The FAA proposes to rule and invites public comment on the release of land, Lot 3, at the Ottumwa Regional Airport, Ottumwa, Iowa, under the provisions of 49 U.S.C. 47107(h)(2).

This action proposes to establish Class E airspace at Curtis, NE. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Curtis Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action proposes to establish Class D airspace at Mesquite, TX. Establishment of an air traffic control tower at Mesquite Metro Airport has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at Mesquite Metro Airport.

We propose to adopt a new airworthiness directive (AD) for certain Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 turboshaft engines. This proposed AD was prompted by a ``chip illumination event'' in flight on a Turbomeca S.A. Arriel 1 engine. This proposed AD would require a one-time inspection of the free turbine (FT) module (M04) for the affected Turbomeca S.A. Arriel 1 engines and, if a discrepancy is found, repair of the affected module. We are proposing this AD to prevent a loss of FT bearing lubrication, resulting FT module failure, damage to the engine, and damage to the aircraft.

FMCSA responds to the public comments to its June 5, 2012, notice of regulatory guidance concerning the hours-of-service requirements for oilfield operations, and the Agency announces its decision to retain the 2012 guidance. On June 5, 2012, FMCSA updated its April 4, 1997, regulatory guidance to explain the applicability of the ``Oilfield operations'' exceptions in 49 CFR 395.1(d) to the ``Hours of Service [HOS] of Drivers'' regulations, and requested comments on the additional language. FMCSA also held three ``listening sessions'' in Pennsylvania, Colorado, and Texas to accept public comments for the docket. Following a review of all comments, the Agency has determined that no further elaboration on the regulatory guidance is needed, at this time, and the Agency will continue to monitor the use of the two HOS oilfield exceptions in 49 CFR 395.1(d). The Agency also calls attention to 49 CFR part 381, which provides procedures for persons to apply for individual or class exemptions from certain regulations provided the exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved absent the exemption. Therefore, motor carriers that believe the current oilfield operations exceptions do not provide sufficient relief for their operations should consider submitting an application for an exemption to the Agency describing an alternative that would ensure the requisite level of safety.

FMCSA announces that it has received an application from the National Pork Producers Council (NPPC) on behalf of its members and other agricultural organizations for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption would enable all CMV drivers transporting livestock to operate without taking a 30- minute break during the work day if 8 hours have passed since the last off-duty period of at least 30 minutes. FMCSA considers the request to be on behalf of all motor carriers and drivers when transporting livestock. FMCSA requests public comment on the application for exemption.

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.