Department of Transportation January 2014 – 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 to renew an information collection. The information enables the FAA to evaluate the validity of the user's request for National Airspace (NAS) data from FAA systems and equipment.

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.

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.

This action proposes to remove Class E airspace at Kwigillingok Airport, Kwigillingok, AK, due to the cancellation of the approaches. The FAA is proposing this action to enhance the management of aircraft operations within the National Airspace System.

In order to provide the public additional time to submit comments on the proposed Policy, the Federal Aviation Administration (``FAA'') is extending the public comment period for thirty days. This action proposes to amend the FAA Policy and Procedures Concerning the Use of Airport Revenue published in the Federal Register at 64 FR 7696 on February 16, 1999 (``Revenue Use Policy'') to clarify FAA's policy on Federal requirements for the use of proceeds from taxes on aviation fuel. Under Federal law, airport operators that have accepted Federal assistance generally may use airport revenues only for airport-related purposes. The revenue use requirements apply to certain state and local government taxes on aviation fuel as well as to revenues received directly by an airport operator. This notice publishes a proposed clarification of FAA's understanding of the Federal requirements for use of revenues derived from taxes on aviation fuel. Briefly, an airport operator or state government submitting an application under the Airport Improvement Program must provide assurance that revenues from state and local government taxes on aviation fuel are used for certain aviation-related purposes. These purposes include airport capital and operating costs, and state aviation programs. In view of the interests of sellers and consumers of aviation fuel, and of state and local government taxing authorities in limits on use of proceeds from taxes touching aviation fuel, this notice solicits public comment on the proposed policy clarification. This notice also solicits comments about whether there are other reasonable interpretations regarding local taxes that are not enumerated here and should be considered by the FAA. Finally, this proposed policy clarification, if finalized, would apply prospectively to use of proceeds from both new taxes and to existing taxes that do not qualify for grandfathering from revenue use requirements.

The FAA is issuing this notice to advise the public of the eleventh meeting of the RTCA NextGen Advisory Committee.

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the Pyramid Way and McCarran Boulevard Intersection Improvement Project located in Sparks, Washoe County, Nevada. These actions grant licenses, permits, and approval of the project.

We are adopting a new airworthiness directive (AD) for certain Agusta Model A109C, A109E, A109S, A109K2, and AW109SP helicopters. This AD requires inspecting the lock wires securing the tail rotor (T/R) duplex bearing locking nut (locking nut) to determine whether any lock wires are missing or damaged. This AD was prompted by reports of loosening T/R locking nuts. The actions of this AD are intended to prevent failure of the T/R and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for Ballonbau W[ouml]rner GmbH Models NL-280/STU, NL-380/STU, NL-510/STU, NL-640/STU, NL-840/STU, and NL-1000/STU balloons. 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 current inspection intervals are no longer adequate to ensure timely detection of deterioration or damage. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This notice announces the availability of the Federal Transportation Administration's (FTA) Fiscal Year (FY) 2014 Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements. See FTA Web site, https://www.fta.dot.gov. In this notice, FTA provides a consolidated list of the various pre-award Certifications and Assurances that may apply to an Applicant for FTA funding and its Project. Each Applicant for FTA funding must submit the Certifications and Assurances that apply to itself and the Project(s) for which it seeks funding during the fiscal year in which it requests that funding. An Applicant typically acts through its certified or authorized representative (You). You, as the Authorized Representative, must have the authority to, among other things, sign the Applicant's Certifications and Assurances and bind the Applicant's compliance. This Notice also describes both FTA's and the Applicant's responsibilities with respect to the Certifications and Assurances and highlights the differences between the FY 2014 Certifications and Assurances and those published for FY 2013. In addition, this Notice also provides instructions on how and when to submit Certifications and Assurances for FY 2014.

We are adopting a new airworthiness directive (AD) for Eurocopter Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, and AS350D1 helicopters. This AD requires measuring the distance between the end of the main rotor collective pitch lever (collective) locking stud (locking stud) and the locking strip and repairing the locking stud if the clearance is insufficient. This AD was prompted by a report that insufficient distance between the locking stud and the locking strip may cause the collective to become inadvertently locked in the low pitch (low) position. The actions of this AD are intended to prevent the collective from becoming inadvertently locked in the low position and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC 155B and EC155B1 helicopters. This AD requires repetitively inspecting the lower and upper front and rear fittings (fittings) that attach the upper fin to the fenestron for a crack and, if there is a crack, removing all four fittings from service. This AD also requires, within a specified time, removing all fittings from service, and the fittings would not be eligible to be installed on any helicopter. This AD was prompted by the loss of an upper fin in flight. The actions of this AD are intended to detect a crack in the fittings to prevent loss of the upper fin and subsequent loss of control of the helicopter.

Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et. seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal agencies that the City of Newark, Ohio, (City) intends to transfer a facility and land located at 295 Wilson Street, Newark, Ohio, to the Licking County Board of Commissioners. The City can no longer use the properties because they are no longer operating transit, and will no longer be the recipient of FTA grants. The buildings were purchased with the intention to be utilized for administrative offices and the storage of vehicles for the City's Transit Department. The buildings have been vacant for more than five (5) years in need of rehabilitation, and the transfer will allow the properties to be put to good use. The Licking County Board of Commissioners will be utilizing the buildings for their Homeland Security & Emergency Management departments. The Homeland Security department will utilize one of the buildings for their administrative personnel. In addition, the buildings would allow for vehicle storage and is centrally located in the county to substantially improve emergency response times in the county. The site will also be used to store and protect seasonal equipment owned by the county as well. The County also agreed to ensuring that this use be maintained for no less than five (5) years.

RockTenn has requested a renewal of its exemption from certain provisions of the hours-of-service (HOS) requirements for drivers of property-carrying vehicles. RockTenn currently holds an exemption for the period April 17, 2012, through April 16, 2014 for 11 shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products over a 275-foot stretch of public road between its shipping and receiving locations. RockTenn requested an exemption from the 14-hour rule and the requirement for 10 consecutive hours off duty before the start of the work day. The renewal of the exemption would allow these individuals occasionally to drive after the 14th hour after coming on duty and allow them to return to work following 8 consecutive hours off-duty. FMCSA requests public comment on the RockTenn application for exemption.

FMCSA announces its decision to exempt 43 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.

The FAA assigned the ARAC a new task arising from recommendations of the ARAC Airman Testing Standards and Training Working Group (ATSTWG). The ATSTWG recommended ways to ensure that the FAA's airman testing and training materials better support reduction of fatal general aviation accidents. The FAA and the Aviation Industry jointly seek to improve airman training and testing by establishing an integrated, holistic airman certification system that clearly aligns testing with certification standards, guidance, and reference materials, and maintains that alignment. The new task is to establish an Airman Certification System Working Group (ACSWG) that will provide expert assistance and industry views to the FAA's Flight Standards Service (AFS) on the development, modification, and continued alignment of the major components of the airman certification system. This action item informs the public of the new ARAC's task and solicits membership for the new ACSWG.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on certain information collections that will be expiring in summer of 2014. PHMSA will request an extension with no change for the information collections identified by the Office of Management and Budget (OMB) control numbers 2137-0578, 2137-0584, and 2137-0601. In addition, PHMSA will request a revision to the information collection identified under OMB control number 2137-0618 to include the information currently collected under OMB control number 2137-0601.

The FAA proposes to rule and invites public comment on the release of land at the Colonel James Jabara Airport (AAO), Wichita, Kansas, under the provisions of 49 U.S.C. 47107(h)(2).

The FAA proposes to rule and invites public comment on the release of deed restrictions at Yellowstone Airport under the provisions of Title 49, U.S.C. Section 47125.

FMCSA announces that its Motor Carrier Safety Advisory Committee (MCSAC) will meet on February 10-11, 2014, to provide ideas that Agency should consider for reauthorization of the surface transportation legislation. On February 12, 2014, MCSAC's Compliance, Safety and Accountability (CSA) subcommittee will convene. Meetings are open to the public for their entirety and there will be a period of time at the end of each day for the public to submit oral comments. Times and Dates: The meeting will be held Monday-Tuesday, February 10-11, 2014, from 9 a.m. to 4:30 p.m., Eastern Daylight Time (EDT), at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA 22314 in the Washington and Jefferson Rooms on the 2nd floor. On Wednesday, February 12, 2014, the CSA subcommittee will meet at that same location from 9 a.m. to 3 p.m. Copies of the MCSAC Task Statement and an agenda for the entire meeting will be made available in advance of the meeting at https://mcsac.fmcsa.dot.gov.