Department of Transportation 2013 – Federal Register Recent Federal Regulation Documents

This notice concerns a waiver to Scaled Composites, LLC (Scaled) from the requirements of 14 CFR 437.29 and 437.55(a) to provide the FAA a hazard analysis that identifies, mitigates, and verifies and validates mitigation measures for hazards created by software and human error. The FAA finds that a waiver is in the public interest and will not jeopardize public health and safety, safety of property, and national security and foreign policy interests of the United States.

We propose to adopt a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Model PC-12/47E airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as common grounding of both the pilot Primary Flight Display (PFD) and the Electronic Standby Instrument System (ESIS). If the common ground fails both navigations systems could fail simultaneously, which could result in loss of control. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. For certain airplanes, this proposed AD would require modification of the web of the horizontal stabilizer center section rear spar. For the other airplanes, this proposed AD would require an inspection for cracks in the web, and repair or modification as applicable. We are proposing this AD to prevent cracking at the upper fastener holes in the riveted web in the horizontal stabilizer center section rear spar, which could result in failure of the spar forging and lead to horizontal stabilizer separation and loss of control of the airplane.

PHMSA is issuing this safety alert to notify the public of the risks associated with the under-odorization of Liquefied Petroleum Gases (LPG). LPG is an odorless and colorless gas that under certain conditions is required to be odorized for leak detection. The purpose of this alert is to advise shippers and carriers of the recommended procedures to ensure that LPG is properly odorized by all modes of transportation.

The Maritime Administration (MarAd) published a Notice of Intent, Notice of Public Meeting, and Request for Comments regarding the Port Ambrose Deepwater Port License Application in the June 24, 2013, Federal Register. Shortly thereafter, on July 9, 2013, a correction was published in the Federal Register. In that correction, MarAd extended the closing date for receipt of materials in response to the request for comments to July 23, 2013. This notice corrects that publication and extends the closing date for receipt of materials in response to the request for comments to August 22, 2013.

The Board is proposing to define ``small business'' for the purpose of RFA analyses as including only those rail carriers with revenues that would bring them within the definition of a Class III rail carrier.

This action adopts a Policy Statement, based on Federal law, concerning through-the-fence access to a federally-obligated airport from an adjacent or nearby property, when that property is used as a residence. This Policy Statement replaces FAA's previously published Interim Policy (76 FR 15028; March 18, 2011) with regard to commercial service airports, and establishes how FAA will implement section 136 of Public Law 112-95.

We are adopting a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. Model PC-6/B2-H4 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as faulty rivets installed in the airframes during production could reduce the structural integrity of the airplane. We are issuing this AD to require actions to address the unsafe condition on these products.

We are superseding an existing airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. That AD currently requires sealing certain fasteners and stiffeners in the fuel tank, changing certain wire bundle clamp configurations on the fuel tank walls, inspecting certain fasteners in the fuel tanks and determining the method of attachment of the vortex generators; and performing corrective actions if necessary. This new AD adds a general visual inspection for the presence of a polytetrafluoroethylene (TFE) sleeve at the clamp location on the rear spar, and installation of a TFE sleeve if necessary. This new AD also adds airplanes to the applicability. This AD was prompted by fuel system reviews conducted by the manufacturer, and the identification of another possible ignition source location. We are issuing this AD to prevent possible ignition sources in the auxiliary (center) fuel tank, main fuel tanks, and surge tanks caused by a wiring short or lightning strike, which could result in fuel tank explosions and consequent loss of the airplane.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.

The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10902 for Sonoma-Marin Area Rail Transit District (SMART), a Class III rail carrier, to acquire an approximately 11.25-mile line of railroad in Marin County, Cal., from Golden Gate Bridge, Highway, and Transportation District; County of Marin; and Marin County Transit District.

This action creates new certification and qualification requirements for pilots in air carrier operations. As a result of this action, a second in command (first officer) in domestic, flag, and supplemental operations must now hold an airline transport pilot certificate and an airplane type rating for the aircraft to be flown. An airline transport pilot certificate requires that a pilot be 23 years of age and have 1,500 hours total time as a pilot. Pilots with fewer than 1,500 flight hours may qualify for a restricted privileges airline transport pilot certificate beginning at 21 years of age if they are a military-trained pilot, have a bachelor's degree with an aviation major, or have an associate's degree with an aviation major. The restricted privileges airline transport pilot certificate will also be available to pilots with 1,500 flight hours who are at least 21 years of age. This restricted privileges airline transport pilot certificate allows a pilot to serve as second in command in domestic, flag, and supplemental operations not requiring more than two pilot flightcrew members. This rule also retains the second-class medical certification requirement for a second in command in part 121 operations. Pilots serving as an air carrier pilot in command (captain) must have, in addition to an airline transport pilot certificate, at least 1,000 flight hours in air carrier operations. This rule also adds to the eligibility requirements for an airline transport pilot certificate with an airplane category multiengine class rating or an airline transport pilot certificate obtained concurrently with a type rating. To receive an airline transport pilot certificate with a multiengine class rating a pilot must have 50 hours of multiengine flight experience and must have completed a new FAA-approved Airline Transport Pilot Certification Training Program. This new training program will include academic coursework and training in a flight simulation training device. These requirements will ensure that a pilot has the proper qualifications, training, and experience before entering an air carrier environment as a pilot flightcrew member.

This document announces decisions by NHTSA that certain motor vehicles 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 originally manufactured for sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.

The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves Transportation Drug and Alcohol Testing. The information to be collected will be used to document tests conducted and actions taken to ensure safety in the workplace and/or is necessary because under the Omnibus Transportation Employee Testing Act of 1991, DOT is required to implement a drug and alcohol testing program in various transportation- related industries. DOT is required to publish this notice in the Federal Register in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13.

PHMSA is issuing this advisory bulletin to all owners and operators of gas and hazardous liquid pipelines to communicate the potential for damage to pipeline facilities caused by severe flooding. This advisory includes actions that operators should consider taking to ensure the integrity of pipelines in case of flooding.

We propose to adopt a new airworthiness directive (AD) for certain serial-numbered Bell Helicopter Textron Canada Limited (BHTC) Model 206L, 206L-1, 206L-3, and 206L-4 helicopters with a certain tailboom upper left attachment fitting (fitting). This proposed AD would require inspecting the fitting for a crack and other conditions. This proposed AD is prompted by the manufacturer revising and extending the 100 hour time-in-service (TIS) inspection requirements for the fitting. The proposed actions are intended to detect a crack, loose rivet, corrosion, or any other damage, which could lead to loss of the tailboom and subsequent loss of control of the helicopter.

The FAA is correcting an airworthiness directive (AD) that was published in the Federal Register. The AD applies to all Sikorsky Model S-70, S-70A, and S-70C helicopters, which are restricted category helicopters derived from the military Model UH-60 helicopter. The part number (P/N) for the No. 2 crossfeed breakaway valve listed in the ``Required Actions'' section is incorrect. This document corrects that error. Also, this document contains a response to a comment received after publication of the Final Rule. In all other respects, the original document remains the same.

FMCSA announces its decision to grant requests from 24 individuals for exemptions from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' 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. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these 24 individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.

FMCSA announces its decision to grant requests from nine individuals for exemptions from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' 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. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these nine individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.

This action proposes to amend Class E airspace at Mandan, ND. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Mandan Municipal Airport (AAF). The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. Geographic coordinates would also be updated.

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