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

FMCSA announces its decision to exempt 26 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.

FMCSA extends the comment period for its November 5, 2013, notice requesting public comments on proposed enhancements to the display of information on the Agency's Safety Measurement System (SMS) public Web site. On December 6, 2013, Advocates for Highway and Auto Safety (Advocates) formally requested that the Agency extend the comment period by 30 days. The Agency extends the deadline for comment from January 6 to January 21, 2014.

FMCSA announces its decision to exempt 16 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

FMCSA announces its decision to exempt 29 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

This action proposes special conditions for Airbus Model A350- 900 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with a flight control system that prevents the pilot from inadvertently or intentionally exceeding the positive or negative airplane limit load factor. 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.

FMCSA eliminates the quarterly financial reporting requirements for certain for-hire motor carriers of property (Form QFR) and for-hire motor carriers of passengers (Form MP-1). This paperwork burden is removed without an adverse impact on safety or the Agency's ability to maintain effective commercial regulatory oversight over the for-hire trucking and passenger-carrying industries. The annual reporting requirements remain.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

The Federal Highway Administration (FHWA) and the United States Department of the Army Corps of Engineers (USACE), as joint lead federal agencies and in cooperation with the Virginia Department of Transportation (VDOT) will prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate the Route 460 Location Study Final Environmental Impact Statement (FEIS) and a Department of the Army Individual Permit (IP) Application. The purpose of this SEIS is to evaluate new information regarding the aquatic resource impacts to the preferred alternative described in the June 2008 FEIS and approved in the September 2008 Record of Decision (ROD). In addition, FHWA is evaluating proposed changes to the termini of the selected alternative and the proposed interchange at Route 620, and proposed changes to the selected alignment to avoid and minimize aquatic resource impacts. The USACE is preparing the document as part of its evaluation of the IP application submitted by U.S. Route 460 Mobility Partners (the Applicant) for the discharge of fill material into waters of the United States in conjunction with the construction of the Route 460 Corridor Improvements Project (Project).

The Department of Transportation (DOT) received no public comments following the publication of its 60-day notice of proposed information collection. As identified in the 60-day notice, the information is currently being collected under an approved Information Collection Request. OST requests that the Office of Management and Budget (OMB) renew an Information Collection Request (OMB Control Number 2105-0569) in accordance with the requirements of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3501 et seq.), and requests additional comments and recommendations.

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.

We are revising Airworthiness Directive (AD) 98-15-18 that applies to certain Maule Aerospace Technology, Inc. Models M-4, M-5, M- 6, M-7, MT-7, MX-7, MXT-7, and M-8 airplanes that are equipped with rear wing lift struts, part number (P/N) 2079E, and/or front wing lift struts, P/N 2080E. AD 98-15-18 required repetitively inspecting certain wing lift struts for internal corrosion and replacing of any wing lift strut where corrosion was found. Since we issued AD 98-15-18, we were informed by the manufacturer that Model MXT-7-420 airplanes are no longer in existence, are no longer type certificated, and should be removed from the Applicability section. We were also informed that paragraph (b) in AD 98-15-18 had been misinterpreted and caused confusion. This AD removes Model MXT-7-420 airplanes from the Applicability section and clarifies the intent of the language in paragraph (b) of AD 98-15-18. This AD also retains all other requirements of AD 98-15-18. We are issuing this AD to correct the unsafe condition on these products.

This action amends Class E airspace at Gainesville, TX. Decommissioning of the Gainesville non-directional beacon (NDB) at Gainesville Municipal Airport has made reconfiguration necessary for standard instrument approach procedures and for the safety and management of Instrument Flight Rule (IFR) operations at the airport.

This action establishes Class E Airspace at Chatom, AL, to accommodate the Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures at Roy Wilcox Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. Geographic coordinates are also updated.

This action removes Class E airspace at Danville, IL. The FAA has determined that, because of changes in the composition of flight operations at Vermilion Regional Airport, a Class E surface area is no longer needed to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

We are adopting a new airworthiness directive (AD) for General Electric Company (GE) GE90-110B1 and GE90-115B turbofan engines with certain high pressure compressor (HPC) rotor stage 2-5 spools installed. This AD requires removing these spools from service at times determined by a drawdown plan. This AD was prompted by reports of cracks in HPC rotor stage 2-5 spool aft spacer arms. We are issuing this AD to prevent failure of a critical life-limited rotating engine part, which could result in an uncontained engine failure and damage to the airplane.

We are adopting a new airworthiness directive (AD) for certain EADS CASA (Type Certificate Previously Held by Construcciones Aeron[aacute]uticas, S.A.) Model C-212-CB, C-212-CC, C-212-CD, C-212- CE, and C-212-DF airplanes. This AD was prompted by a report of the propeller pitch control (PPC) lever becoming disconnected from the engine due to a missing bolt. This AD requires modifying the PPC lever attachment system. We are issuing this AD to prevent PPC shaft disconnection, which could lead to a loss of propeller pitch control, possibly resulting in uncommanded change to the engine power settings and consequent reduced controllability of the airplane.

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. Respondents to this survey are owners of general aviation aircraft. This information is used by FAA, NTSB, and other government agencies, the aviation industry, and others for safety assessment, planning, forecasting, cost/benefit analysis, and to target areas for research.

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 Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 30, 2013, vol. 78, no. 169, pages 53817-53818. 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.

These special conditions are issued for the Cessna Model 750 Series airplanes. These airplanes will have a novel or unusual design feature associated with the architecture and connectivity capabilities of the airplanes' computer systems and networks. Connectivity to, or access by, external systems and networks may result in security vulnerabilities to the airplanes' systems.

Federal hazardous material transportation law preempts the following requirements in the New Jersey Administrative Code (N.J.A.C.) because the requirements are not substantively the same as the requirements in the HMR: 1. N.J.A.C. 7:26-3A.10(a) that generators must separate into different containers before transport sharps, fluids (greater than 20 cc), and other regulated medical waste; 2. N.J.A.C. 7:26-3A.11(d) which allows a generator to ship oversized medical waste without placing it in a packaging as required by the HMR; 3. N.J.A.C. 7:26-3A.14 that the words ``Medical Waste'' or ``Infectious Waste'' must be labeled on the outside of the package when there is untreated regulated medical waste; 4. N.J.A.C. 7:26-3A:15 that each ``generator shall mark each individual container of regulated medical waste in accordance with all applicable Federal regulations. . . . ,'' and that the markings must include details of the transporter's name, the date of shipment, the intermediate handler's name, and other specific information; 5. N.J.A.C. 7:26-3A.19 and those provisions in 7:26-3A.31 which require the use of a specific ``tracking form'' to accompany shipments of regulated medical waste that are prescribed for either the generator or the transporter; 6. N.J.A.C. 7:26-3A.28 that, when transferring between transporters, each transporter must place a water resistant tag below the generator's marking on the outer surface of the container with the transporter's name, solid waste registration number, and date of receipt; and 7. N.J.A.C. 7:26-3A.30 which requires that a vehicle used to transport regulated medical waste must have: 1) the name of the transporter; 2) the New Jersey Department of Environmental Protection (NJDEP) solid waste transporter registration number; and 3) either the words ``Medical Waste'' or ``Infectious Waste'' on two sides and the back of the cargo-carrying body. 8. N.J.A.C. 7:26-3A.45, to the extent that it requires rail transporters to comply with the transporter requirements of 7:26-3A.28 and 7:26-3A.30. 9. N.J.A.C. 7:26-3A.46 which requires a specific tracking form to accompany shipments of regulated medical waste for rail transporters. Federal hazardous material transportation law does not preempt the following requirements because they do not create an obstacle in complying with the HMR. 1. N.J.A.C. 7:26-3A.21(a)(1) to the extent that it requires the generator to retain a copy of the shipping paper for at least three years from the date the regulated medical waste was accepted by the transporter; 2. N.J.A.C. 7:26-3A.21(a)(2) to the extent that it requires the generator to retain a copy of any exception report for at least three years after the day the exception report was submitted; 3. N.J.A.C. 7:26-3A.22 to the extent that it requires the generator of regulated medical waste to file an exception report with the state when a transporter and/or destination facility notifies the generator of any discrepancy between the shipment as accepted by the initial transporter and delivered to the destination facility; 4. N.J.A.C. 7:26-3A.32 to the extent that it requires the transporter to deliver the entire quantity of regulated medical waste to the proper party listed on the tracking form; 5. N.J.A.C. 7:26-3A.33 to the extent that does not require a particular form to be used to consolidate the multiple shipments; 6. N.J.A.C. 7:26-3A.34 to the extent that it requires that the transporter of regulated medical waste to retain a copy of the shipping paper for at least three years from the date the regulated medical waste was accepted by the next party; and 7. N.J.A.C. 7:26-3A.41 to the extent that it requires intermediate handlers and destination facilities to certify that they had received the listed regulated medical waste.

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.

FRA is issuing this emergency order (EO or Order) to require that the New York State Metropolitan Transportation Authority's Metro- North Commuter Railroad Company (Metro-North) take certain actions to control passenger train speed at any location on main track where there is a reduction of more than 20 miles per hour (mph) in the maximum authorized passenger train speed. Under the EO, Metro-North must create and comply with an FRA-approved action plan that institutes modifications to its existing Automatic Train Control System or other signal systems. Until Metro-North completes the necessary modifications, the EO requires that two qualified railroad employees be present in the control compartment of Metro-North's passenger trains when those trains operate over locations on main track where there is a required reduction of more than 20-mph in the maximum authorized passenger train speed.

The Federal Transit Administration (FTA) announces the availability of draft guidance on the application of a new provision of the Moving Ahead for Progress in the 21st Century Act (MAP-21) regarding corridor preservation for future transit projects. MAP-21 amended Federal transit law by amending a previously existing provision such that FTA can now, under certain conditions, assist in the acquisition of right-of-way (ROW) for corridor preservation before the environmental review process for any transit project that eventually will use that ROW and permit corridor preservation with local funds, under certain conditions, for a transit project that could later receive FTA financial assistance. The draft guidance defines the form of ROW to which this MAP-21 provision applies and explains the conditions and requirements pertaining to its application. FTA requests comments on this draft guidance, which is available in the docket and on the FTA Web site.