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

FMCSA announces receipt of applications from 6 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.

This rule permits an airman who passes a practical test for issuance of a flight instructor certificate, a practical test for the addition of a rating to a flight instructor certificate, a practical test for renewal of a flight instructor certificate, or a practical test for the reinstatement of a flight instructor certificate to meet the 24-calendar month flight review requirements. This rule also clarifies that the generally applicable recent flight experience requirements do not apply to a pilot in command who is employed by a commuter or on-demand operator if the pilot in command is in compliance with the specific pilot in command qualifications and recent experience requirements for that commuter or on-demand operator. Finally, this rule permits replacement airman and medical certificates to be requested online, or by any other method acceptable to the Administrator. These changes relieve regulatory burdens and clarify existing regulations.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

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.

We propose to supersede an existing airworthiness directive (AD) that applies to certain Continental Motors, Inc. (CMI) IO-520, TSIO-520, and IO-550 series reciprocating engines, with certain replacement parts manufacturer approval (PMA) SAP investment cast cylinder assemblies installed. The existing AD currently requires initial and repetitive inspections and compression tests to detect cracks in those cylinders. Since we issued that AD, we became aware of additional engines that need to be added to the applicability. We are proposing this AD to prevent the separation of the cylinder head, damage to the engine, and damage to the airplane.

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.

We are adopting a new airworthiness directive (AD) for certain General Electric Company (GE) GE90-76B, -85B, -90B, -94B, -110B1, and - 115B turbofan engines. This AD was prompted by multiple reports of distress of certain stage 1 high-pressure turbine (HPT) stator shrouds due to accelerated corrosion and oxidation, including one engine in- flight shutdown (IFSD) caused by failure of the HPT stator shrouds. This AD requires initial and repetitive on-wing 360-degree borescope inspections (BSIs) for corrosion and oxidation of stage 1 HPT stator shrouds. If a shroud is found to be distressed, this AD requires reinspection at a reduced interval or removal from service before further flight. We are issuing this AD to prevent failure of stage 1 HPT stator shrouds, resulting in an IFSD of one or more engines, loss of thrust control, and damage to the airplane.

We are superseding revised Airworthiness Directive (AD) 76-12- 07 for all Bell Model 204B and certain serial-numbered Model 205A-1 helicopters with a certain tail rotor pitch control chain (chain) installed. AD 76-12-07 required visually inspecting the chain to detect a crack in the link segments and, for affected Model 205A-1 helicopters, replacing the chain and cable control system with a push- pull control system. This new AD requires, for Bell Model 204B, inspecting certain chains at specified intervals, revising the inspection procedures, installing a tail rotor cable and chain damper kit (damper kit), and revising the maintenance manual or Instructions for Continued Airworthiness (ICAs) to include the inspection intervals. This new AD also requires, for certain Bell Model 205A-1 helicopters, replacing the chain and cable control system with an airworthy tail rotor push-pull control system kit. This AD was prompted by the rapid growth of a crack leading to premature chain failure. The actions are intended to prevent failure of the chain, loss of tail rotor blade pitch control, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC 155B, EC155B1, SA-365N, SA- 365N1, AS-365N2, AS 365 N3, and SA-366G1 helicopters. This AD requires inspecting the collective pitch lever for correct locking and unlocking conditions. This AD was prompted by two separate reports of inadvertent collective pitch lever locking and unlocking. The actions of this AD are intended to detect an incorrectly adjusted collective pitch lever, which could result in loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.27 Mark 050 airplanes, and Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by reports of loose nuts on contactors in the electrical power center (EPC), and in some cases, burned contactors. This AD requires inspecting and, if necessary, adjusting, the torque values of nuts on circuit breakers, contactors, and terminal blocks of the EPC and battery relay panel. This AD also requires inspecting to determine if certain parts are installed, and installing the parts if necessary. We are issuing this AD to detect and correct loose nuts, which could result in arcing and potentially an onboard fire, possibly resulting in damage to the airplane and injury to occupants or maintenance personnel.

The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed to rescind airworthiness directive (AD) 2008-06-03, which applies to certain The Boeing Company Model 737-600, -700, -700C, -800 and -900 series airplanes; and Model 757-200, -200PF, -200CB, and -300 series airplanes. The NPRM would have rescinded AD 2008-06-03, which requires an inspection to determine if certain motor-operated shutoff valve actuators for the fuel tanks are installed, and related investigative and corrective actions if necessary. AD 2008-06-03 also requires revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness to incorporate certain AWLs. Since the NPRM was issued, we have determined that it does not adequately address the safety concerns. Accordingly, the NPRM is withdrawn.

FMCSA requests comments on petitions submitted by the American Bus Association (ABA) and Motor Coach Canada (MCC) seeking a determination that Article 19-A of the State of New York's Vehicle and Traffic Law governing drivers of passenger-carrying interstate motor vehicles is preempted by Federal law. FMCSA requests comments on whether Article 19-A has safety benefits, how it is being enforced against interstate passenger carriers and its effect, if any, on interstate commerce.

This action updates, simplifies, and streamlines rules of practice and procedure for filing and adjudicating complaints against federally-assisted airports. It improves efficiency by enabling parties to file submissions with the Federal Aviation Administration (FAA) electronically, and by incorporating modern business practices into how the FAA handles complaints. This amendment is necessary to reflect changes in applicable laws and regulations, and to apply lessons learned since the existing rules were implemented in 1996.

We propose to adopt a new airworthiness directive (AD) for certain the Boeing Company Model DC-9-10, DC-9-30, and DC-9-40 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead web area is subject to widespread fatigue damage (WFD). This proposed AD would require modifying the aft pressure bulkhead. The modification includes inspecting for cracks around the rivet holes, and repair of any cracking. We are proposing this AD to prevent fatigue cracking of the aft pressure bulkhead, which could result in reduced structural integrity of the airplane.

The FAA is issuing this notice to advise the public of the fourteenth meeting of the RTCA Special Committee 225, Rechargeable Lithium Battery and Battery SystemsSmall and Medium Size

These special conditions are issued for the Cirrus Design Corporation (Cirrus), model SF50. This airplane will have novel and unusual design features associated with installation of an inflatable three-point restraint safety belt with an integrated airbag device at the pilot and co-pilot seats to include optional installations at other passenger seat locations. 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.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register notice with a 60-day comment period soliciting comments on the following information collection was published on April 23, 2013, (78 FR 23972). PHMSA received one comment in response to that notice. PHMSA is publishing this notice to respond to the comment, provide the public with an additional 30 days to comment on the proposed revisions to the forms and the instructions, and announce that the revised information collection will be submitted to OMB for approval.

By Federal Register notice (See 78 FR 42997, July 18, 2013) the National Park Service (NPS) and the Federal Aviation Administration (FAA) invited interested persons to apply to fill two upcoming openings on the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). The notice invited interested persons to apply to fill one vacancy representing commercial air tour operators and one vacancy representing environmental concerns. This notice informs the public of the person selected to fill the vacancy for the commercial air tour operator seat. No selection has been made for the vacancy representing environmental concerns.

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. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 26, 2013, vol. 78, no. 123, page 38431. This collection involves response to the Wendall H. Ford Investment and Reform Act for the 21st Century which requires that all persons who remove any life-limited aircraft part have a method to prevent the installation of that part after it has reached its life limit.

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. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 27, 2013, vol. 78, no. 124, pages 38795-38796. The FAA Aviation Research and Development Grants Program establishes uniform policies and procedures for the award and administration of research grants to colleges, universities, not for profit organizations, and profit organizations for security research. The collection of data is required from prospective grantees in order to adhere to applicable statutes and OMB circulars.

This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the use of five non- domestic 14'' class 150 cast steel gate valves for rehabilitation of the Oxbow Bridge project in the State of Ohio.

This action publishes the entire Department of Transportation (``Department''), Federal Aviation Administration (``FAA''), ``Policy Regarding Airport Rates and Charges'' (``Policy'') to reflect all deletions from and amendments to the policy to date. The Policy was originally published in the Federal Register on June 21, 1996 (``1996 Rates and Charges Policy''). In response to a subsequent petition for review, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in 1997 that vacated the challenged provisions of the 1996 Rates and Charges Policy and the Secretary's supporting discussion in the preamble. In 2008, the Department and FAA adopted three amendments to the Policy, to allow operators of congested airports to use landing fees to provide incentives to air carriers to use the airport at less congested times or to use alternate airports to meet regional air service needs. The Federal Register notice publishing those amendments set out the amendments, but did not publish an entire version of the policy as amended. As a convenience for the public and for regulated entities, this notice publishes the entire Policy Regarding Airport Rates and Charges currently in effect in a single document. The FAA is not adopting or proposing any new amendments to the Policy in this notice.

The FAA is announcing approval of Finding of No Significant Impact for proposed development at the Murdo Municipal Airport, Murdo, South Dakota. The FAA approved the FONSI on August 22, 2013.

This document responds to petitions for reconsideration of a 2011 final rule that established Federal Motor Vehicle Safety Standard (FMVSS) No. 226, ``Ejection mitigation.'' The standard is intended to reduce complete and partial ejections of vehicle occupants through side windows in crashes, particularly rollover crashes. Generally, the issues raised by the petitioners are of two types. The petitioners ask for reconsideration of policy issues relating to the agency's implementation of the standard, and of technical issues concerning engineering aspects of the rule, particularly as to how the compliance test procedure should be conducted or improved. Most of the requested changes were of the latter type. In general, NHTSA is denying the petitions for reconsideration. The few changes we have made in response to the petitions are minor, mostly to clarify the requirements of the standard.