Department of Transportation 2013 – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.''

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.

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.

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).

We propose to adopt a new airworthiness directive (AD) for all Turbomeca S.A. Arrius 2B1, 2B1A, 2B2, and 2K1 turboshaft engines. This proposed AD was prompted by in-flight shutdowns caused by interrupted fuel supply at the hydro-mechanical metering unit (HMU). This proposed AD would require initial and repetitive inspections of the HMU high pressure pump drive gear shaft splines, cleaning and inspections of the sleeve assembly splines, and replacement of the HMU if it fails inspection. We are proposing this AD to prevent in-flight shutdown and damage to the engine.

The FAA is correcting a final rule published on July 15, 2013 (78 FR 42324). In that rule, which became effective on July 15, 2013, the date of publication, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. This document corrects errors in the regulatory text of that document.

We are adopting a new airworthiness directive (AD) for all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440), CL- 600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This AD requires revising the airplane flight manual (AFM) by incorporating an emergency procedure for uncommanded yaw motion. This AD was prompted by reports of airplanes experiencing uncommanded rudder movements while in flight. We are issuing this AD to advise the flightcrew of procedures to address a possible failure of the voltage regulator inside the yaw damper actuator that could lead to uncommanded yaw movement and consequent loss of the ability to control the airplane.

The Surface Transportation Board (Board) changes some of its existing regulations and procedures concerning rate complaint proceedings. The Board previously created two simplified procedures to reduce the time, complexity, and expense of rate cases. The Board now modifies its rules to remove the limitation on relief for one simplified approach, and to raise the relief available under the other simplified approach. The Board also makes technical changes to the full and simplified rate procedures; changes the interest rate that railroads must pay on reparations if they are found to have charged unreasonable rates; and announces future proceedings on options for addressing cross-over traffic and on proposals to address the concerns of small agricultural shippers. The purpose of these actions is to ensure that the Board's simplified and expedited processes for resolving rate disputes are more accessible.

We propose to adopt a new airworthiness directive (AD) for all DASSAULT AVIATION Model FAN JET FALCON; Model MYSTERE-FALCON 200 airplanes; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This proposed AD was prompted by reports of defective fire extinguisher bottle cartridges. This proposed AD would require checking manufacturing references of pyrotechnical cartridges for batch number and date, repetitive checking of cartridges for electrical continuity, and replacing defective pyrotechnical cartridges if necessary. We are proposing this AD to detect and correct defective fire bottle cartridges, which could affect the capability to extinguish a fire in an engine, auxiliary power unit, or rear compartment, which could result in damage to the airplane and injury to the occupants.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) described below is being forwarded to the Office of Management and Budget (OMB) for approval for renewal of information collection supporting a multi-year research study that aims at improving rail safety by analyzing information on close calls and other unsafe occurrences in the rail industry. The ICR describes the nature of the information collection. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on May 10, 2013 (78 FR 27479) and the comment period ended on July 10, 2013. The 60-day notice produced no comments.

We are adopting a new airworthiness directive (AD) for Eurocopter Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters with a single hydraulic system and a certain hydraulic pump drive installed. This AD requires inspecting the hydraulic pump drive pulley bearing (pulley bearing) for leaks, rust, overheating, and condition. This AD is prompted by six reports of hydraulic pump drive belt failure caused by seizure of the pulley bearing. These actions are intended to prevent hydraulic pump drive belt failure, loss of hydraulic servo assistance, and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain Eurocopter Deutschland GmbH (Eurocopter) Model EC135P2+ and EC135T2+ helicopters. This proposed AD would require inspecting the mechanical air conditioning system compressor bearing block upper bearing (upper bearing) for corrosion, leaking grease, condensation, or water. This proposed AD is prompted by metallic debris from an upper bearing found in the air inlet areas of both engines in a Model EC135P2+ helicopter. The proposed actions are intended to prevent metallic debris from damaging the engine, causing loss of engine power, and subsequent loss of helicopter control.