Department of Transportation March 2014 – Federal Register Recent Federal Regulation Documents

FMCSA announces that Daimler Trucks North America (Daimler) has requested an exemption for one commercial motor vehicle (CMV) driver from the Federal requirement to hold a commercial driver's license (CDL) issued by one of the States. Daimler requests that the exemption cover a project engineer who will test drive CMVs for Daimler within the United States. This driver holds a valid German CDL and wants to test-drive Daimler vehicles on U.S. roads to better understand product requirements for these systems in ``real world'' environments, and verify results. Daimler believes the requirements for a German CDL ensure that the same level of safety is met or exceeded as if this driver had a U.S. State-issued CDL.

FMCSA announces that it is reinstating the informal hearing procedure authorized under the Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings (Rules of Practice), codified at 49 CFR part 386. On June 7, 2010, the Agency stated that it would not entertain new requests for informal hearings pending a reevaluation of the procedure, based on concerns about the neutrality of Agency Hearing Officers. After conducting numerous informal hearings (involving cases that were pending at the time the 2010 notice was published) with an attorney in the Office of Chief Counsel's Section of Adjudications serving as Hearing Officer, the Agency believes informal hearings should remain an option for administrative adjudication of contested civil penalty claims and will again permit respondents in enforcement cases to request this option. Prior to June 7, 2010, FMCSA had made informal hearings available only to respondents located within its Eastern and Midwestern Service Centers. The Agency removes this geographical limitation and will make informal hearings available to all respondents, regardless of where they are domiciled.

On March 3, 2014, the Federal Transit Administration (FTA) published a notice of available guidance regarding the State of Good Repair Grants program. In the March 3, 2014, notice, the DATES section was incorrect and this notice corrects it.

Under this notice, the FAA announces the submission deadline of May 8, 2014, for Winter 2014-2015 flight schedules at Chicago's O'Hare International Airport (ORD), San Francisco International Airport (SFO), New York's John F. Kennedy International Airport (JFK), and Newark Liberty International Airport (EWR) in accordance with the International Air Transport Association (IATA) Worldwide Slot Guidelines. The deadline coincides with the schedule submission deadline for the IATA Slot Conference for the Winter 2014-2015 scheduling season.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This AD was prompted by certain mandated programs intended to support the airplane reaching its limit of validity of the engineering data that support the established structural maintenance program. This AD requires an inspection for cracks in the main wheel well pressure floor and a preventive modification or permanent repair, as applicable. We are issuing this AD to prevent cracking in the main wheel well pressure floor, which could result in reduced structural integrity of the airplane, and decompression of the cabin.

This action amends the Order Limiting Operations at New York LaGuardia Airport (LGA) that published on December 27, 2006, and was amended on November 8, 2007, August 19, 2008, October 7, 2009, April 4, 2011, May 23, 2012, and May 14, 2013. The Order remains effective until the final Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 29, 2016.

This action amends the Order Limiting Operations at Newark Liberty International Airport (EWR) that published on May 21, 2008, and was amended on October 7, 2009, April 4, 2011, and May 14, 2013. The Order remains effective until the final Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 29, 2016.

FRA is proposing to improve the integrity of passenger train exterior side door safety systems and promote passenger train safety overall through new safety standards relating to the safe operation and use of passenger train exterior side doors. This proposed rule is intended to limit the number and severity of injuries involving passenger train exterior side doors and enhance the level of safety for passengers and train crewmembers.

The U.S. Department of Transportation (DOT) is revising its regulations implementing the Freedom of Information Act (FOIA) following a period of public comment on its proposed rule. The purposes for the revision are to update the regulations to be consistent with amendments to FOIA that were signed into law on December 31, 2007, and October 28, 2009, to revise DOT's fee schedule and other charges, and to make provisions clearer and easier to locate.

We propose to supersede Airworthiness Directive (AD) 2005-13- 05, which applies to certain Boeing Model 747-400F series airplanes. AD 2005-13-05 currently requires inspections for cracking of the web, upper chord, and upper chord strap of the upper deck floor beams, and repair of any cracking. AD 2005-13-05 also requires a preventive modification of the upper deck floor beams, and repetitive inspections for cracking after accomplishing the modification. Since we issued AD 2005-13-05, the upper chords of the upper deck floor beams at certain stations have been determined to be structures that are susceptible to widespread fatigue damage, and certain airplanes with an initial modification require a second modification for the airplane to meet its limit of validity (LOV). This proposed AD would require that second modification and repetitive inspections for cracking and repair if necessary. We are proposing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could result in reduced structural integrity of the airplane and rapid decompression or reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for all Dassault Aviation Model FALCON 7X airplanes. This proposed AD was prompted by reports that the pintle pins installed on a certain number of airplanes may be incorrectly protected against corrosion. This proposed AD would require replacing certain pintle pins on the left- and right-hand main landing gear (MLG) with a serviceable part. We are proposing this AD to detect and correct pintle pins that have been incorrectly corrosion-protected, which could cause the pintle pins to shear under normal load and lead to the collapse of the MLG during take-off or landing.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-8 and 747-8F series airplanes powered by certain General Electric (GE) engines. This AD requires removing certain defective software and installing new, improved software. This AD was prompted by a determination that the existing electronic engine control (EEC) software logic can prevent stowage of the thrust reversers (TRs) during certain circumstances, which could cause the TRs to move back to the deployed position. We are issuing this AD to prevent in-flight deployment of one or more TRs due to loss of the TR auto restow function, which could result in inadequate climb performance at an altitude insufficient for recovery, and consequent uncontrolled flight into terrain.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is holding a public workshop along with the National Association of Pipeline Safety Representatives to present perspectives and seek comment on whether applying the gas pipeline integrity management (IM) requirements beyond high consequence areas would mitigate the need for class location requirements. This event is just one action in support of addressing Section 5(a)(2) of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L. 112-90).

This rule 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.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2006-2007 Ferrari 599 GTB passenger cars manufactured before September 1, 2007 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 the 2006-2007 Ferrari 599 GTB manufactured before September 1, 2007) and they are capable of being readily altered to conform to the standards.

The FAA is issuing this notice to advise the public of the twenty-third meeting of RTCA Special Committee 216, Aeronautical Systems Security (Joint Meeting with EUROCAE WG-72).

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), this notice announces that the Information Collection Request (ICR) abstracted below will be submitted to the Office of Management and Budget (OMB) for review. The ICR describes the nature of the information collection and its expected burden. A Federal Register Notice with a 60-day comment period soliciting public comments on the following information collection was published on June 6, 2013 (Federal Register/Vol. 78, No. 109/pp. 34154-34156).

In response to the MTA Capital Construction Company's (MTACC) request for a Buy America waiver for the pad and rubber boot of a concrete block for the Low Vibration Track (LVT) system that it is constructing on behalf of New York Metropolitan Transportation Authority's (MTA) operating agency, New York City Transit (NYCT), the Federal Transit Administration (FTA) hereby waives its Buy America requirements on the basis of non-availability for the pad and rubber bootcomponents of the concrete blocks used in MTA's LVT system. This waiver is limited to Phase 1 of the Second Avenue Subway Project and is valid only for the pads and rubber boots already procured for this project.

We are superseding airworthiness directive (AD) 2009-16-03 for certain Continental Motors, Inc. (CMI) IO-520, TSIO-520, and IO-550 series reciprocating engines, with certain SAP replacement parts manufacturer approval (PMA) investment cast cylinder assemblies installed. AD 2009-16-03 required initial and repetitive inspections and compression tests to detect cracks in those cylinders. This new AD requires that additional engines be added to the applicability. This AD was prompted by the need to add to the applicability all other engine models approved for the use of CMI 520 and 550 cylinder assemblies, such as the CMI 470 series engines when modified by supplemental type certificate (STC), with affected SAP investment cast cylinder assemblies installed. We are issuing this AD to prevent the separation of the cylinder head, damage to the engine, and damage to the airplane.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2011 Ferrari 599 GTO 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 the 2011 Ferrari 599 GTO) and they are capable of being readily altered to conform to the standards.

In accordance with the Paperwork Reduction Act of 1995, the Federal Motor Carrier Safety Administration (FMCSA) announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The FMCSA requests approval to reinstate an ICR titled, ``Motor Carrier Safety Grants Programs,'' (formerly Motor Carrier Safety Assistance Program (MCSAP)). The information required consists of grant application preparation, quarterly reports and electronic data documenting the results of driver/vehicle inspections performed by the States. The FMCSA previously requested and received OMB approval to use the existing Forms in this ICR to also collect the same information required by its MCSAP grants: MCSAP Basis/Incentive (MCG), Border Enforcement Grant (BEG), New Entrant (MNE) Grant, and High Priority (MHP) Grant, the Commercial Driver's License Program Implementation (CDLPI) Grant, Commercial Driver License Information System (CDLIS) Grant, and Performance and Registration Information System Management (PRISM) Grant programs are covered by this ICR. The FMCSA now requests to include the following grant programs in this information collection: Commercial Vehicle Information Systems and Networks (CVISN), Commercial Motor Vehicle Operator Safety Training Grant (CMVOST), and Safety Data Improvement Program (SaDIP). In addition, the name of this ICR is being changed to: ``Motor Carrier Safety Grants Programs,'' to more accurately describe the purpose of this ICR.