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

We are superseding airworthiness directive (AD) 2010-11-51 for Eurocopter France (Eurocopter) Model AS350B, BA, B1, B2, C, D, and D1 helicopters and Model AS355E, F, F1, F2, and N helicopters with certain part-numbered tail gearbox (TGB) control levers installed. AD 2010-11- 51 required repetitive visual inspections of the TGB control lever for a crack and replacing a cracked TGB control lever with an airworthy TGB control lever. This new AD retains the requirements of AD 2010-11-51 and also requires inspecting other areas of the TGB control lever not previously inspected and at additional inspection intervals. This AD was prompted by several reports of cracking in a TGB control lever. The actions of this AD are intended to prevent failure of the TGB control lever, loss of tail rotor control, and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model AS332L1 helicopters. This AD requires replacing the rivets on the left-hand (LH) and right-hand (RH) Y350 longitudinal beams (longitudinal beams Y350). This AD was prompted by a report that non-conforming rivets had been installed on an AS332 helicopter during a production modification. The actions of this AD are intended to prevent failure of the longitudinal beams Y350 and subsequent loss of control of the helicopter.

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.

Pursuant to the Moving Ahead for Progress in the 21st Century Act (MAP-21), the Federal Transit Administration (FTA) published a Notice for Request for Proposals (RFP) for the deployment of low or no emission transit buses on January 9, 2014. Due to heightened public interest in the RFP and the volume of technical questions received, FTA is extending the application submission deadline announced in the RFP to April 10, 2014, and will be conducting an online webinar in which questions and answers can be shared among interested parties.

The U.S. Department of Transportation (DOT) announces a public meeting of its National Freight Advisory Committee (NFAC) to provide recommendations to the Department as it continues to develop the National Freight Strategic Plan (Plan). Meetings are open to the public and there will be a period of time at the end of the second day of the meeting for public comment.

This action proposes to modify the Class E airspace at Akutan Airport, Akutan, AK. Controlled airspace is necessary to accommodate 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.

The Federal Transit Administration (FTA) is apportioning fiscal years (FY) 2013 and 2014 funds for the new State Safety Oversight (SSO) Formula Grant Program in accordance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). This notice apportions the available funding for FYs 2013 and 2014 and provides instructions and guidance for this new formula grant program, for which funding is available to eligible States to develop or carry out SSO Programs (SSOPs) that monitor and improve the safety of rail fixed guideway public transportation systems (RFGPTS or rail transit systems) in their jurisdictions that are not regulated by the Federal Railroad Administration (FRA). This notice also establishes the formula for this new grant program and responds to the comments received pursuant to the May 13, 2013 Federal Register notice (78 FR 28014) on the illustrative apportionment for SSO grant funding.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for approval and invites public comment. FMCSA requests approval to revise the ICR entitled ``Training Certification for Drivers of Longer Combination Vehicles (LCVs),'' due to a change in the estimated number of annual responses. This ICR relates to Agency requirements for driver certification to operate LCVs that motor carriers must satisfy before permitting their drivers to operate LCVs. Motor carriers, upon inquiry by authorized Federal, State or local officials, must produce an LCV driver-training certificate for each of their LCV drivers.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to nonaeronautical use and to authorize the conversion of the airport property. The proposal consists of one parcel of land containing a total of approximately 5.143 acres located on the east side of the airport, north of Airport Road and west of US Highway 183. The parcel was originally acquired as part of a grant in 1948. The land comprising this parcel is outside the forecasted need for aviation development and, thus, is no longer needed for indirect or direct aeronautical use. The airport wishes to develop this land for compatible commercial, nonaeronautical use. The income from the conversion of this parcel will benefit the aviation community by reinvestment in the airport. Approval does not constitute a commitment by the FAA to financially assist in the conversion of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the conversion of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with Section 47107(h) of Title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (ECD) Model EC135 and MBB-BK 117 C-2 helicopters. This AD requires inspecting the flight-control bearings repetitively, replacing any loose bearing with an airworthy flight- control bearing, and installing bushings and washers. This AD was prompted by the discovery during a routine inspection of loose flight control bearings because of incorrect installation. The actions of this AD are intended to prevent the affected control lever from shifting, contacting the helicopter structure, and reducing control of the helicopter.

We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (Eurocopter) Model MBB-BK 117 C-2 helicopters with a jettisonable sliding door (door) installed. This AD requires inspecting the lock release assembly and the middle and upper lever locking bolts of each door, replacing any damaged parts with airworthy parts, and ensuring the door is correctly installed. This AD was prompted by the uncommanded detaching of a door from an MBB-BK 117 C-2 fuselage. The actions of this AD are intended to prevent the in- flight loss of the door, which could damage the helicopter and injure persons on the ground.

Informed decision making, based on sound data and analysis is a cornerstone of crafting effective transportation policies and guiding efficient investment decisions with scarce public resources. Web-based tools, visualizations, and mobile applications can help uncover actionable information for making better informed decisionsboth by the public and policy makers. This challenge will focus on developing tools to address three areas: (1) Safety, (2) Transportation Access, and (3) Traffic Management and Congestion. Do you have what it takes to create innovative tools to address our Nation's transportation challenges or revolutionize the way Americans see and understand the transportation system they use every day? The United States Department of Transportation (U.S. DOT) wants to see what you can do!

In a decision served on March 4, 2014, we proposed to adopt 1.010 (1.0% per year) as the measure of average change in railroad productivity for the 2008-2012 (5-year) averaging period. This represents an increase of 0.1% from the average for the 2007-2011 period. The Board's March 4, 2014 decision in this proceeding stated that comments may be filed addressing any perceived data and computational errors in our calculation. It also stated that, if there were no further action taken by the Board, the proposed productivity adjustment would become effective on March 19, 2014.

FMCSA announces its decision to exempt 46 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.

On November 12, 2013, the FAA published a final rule entitled ``Qualification, Service and Use of Crewmembers and Aircraft Dispatchers'' which will result in new information collection requirements. This technical amendment updates the FAA's list of OMB control numbers to display the control number associated with the approved information collection activities in the ``Qualification, Service and Use of Crewmembers and Aircraft Dispatchers'' final rule.

This document corrects the preamble to a notice of proposed rulemaking (NPRM) that published in the Federal Register on February 20, 2014. This NPRM would establish the Commercial Driver's License Drug and Alcohol Clearinghouse, a database under the Agency's administration that will contain controlled substances and alcohol test result information for the holders of commercial driver's licenses.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model airplanes. This proposed AD was prompted by reports of latently failed fuel shutoff valves discovered during fuel filter replacement. This proposed AD would require revising the maintenance or inspection program to include new airworthiness limitations. We are proposing this AD to detect and correct latent failures of the fuel shutoff valve to the engine, which could result in the inability to shut off fuel to the engine and, in case of certain engine fires, an uncontrollable fire that could lead to wing failure.

We are revising an earlier proposed airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; and Model A340-200 and -300 series airplanes. The NPRM proposed to supersede AD 2009-15-17 to continue to require inspections for damage to the protective treatments or any corrosion of all main landing gear (MLG) bogie beams, application of protective treatments, and corrective action if necessary. The NPRM also proposed to require modification of the MLG bogie beams, which would terminate the repetitive inspections for any modified bogie beam. The NPRM also proposed to allow optional methods of compliance for certain actions. The NPRM was prompted by reports of thin paint coats and paint degradation on enhanced MLG bogie beams, as well as reports that some airplanes have been inspected too early and not re-inspected as needed. This action revises the NPRM by revising the compliance times and adding a one-time inspection for airplanes that have been inspected too early. We are proposing this supplemental NPRM (SNPRM) to detect and correct damage or corrosion of the MLG bogie beams, which could cause a runway excursion event, bogie beam detachment from the airplane, or MLG collapse, which could result in damage to the airplane and injury to the occupants. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We propose to supersede Airworthiness Directive (AD) 2011-15- 09, which applies to certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. AD 2011-15-09 currently requires repetitive inspections for proper operation of the main landing gear (MLG) alternate extension system (AES), and corrective actions if necessary. Since we issued AD 2011-15-09, we have determined that, for certain airplanes not affected by AD 2011-15-09, a different MLG AES cam mechanism assembly was installed resulting in input lever fractures and inability to open the MLG door; those assemblies could be subject to the same unsafe condition in AD 2011-15-09. This new proposed AD would require, for certain airplanes, new repetitive inspections for proper operation of the MLG AES, and corrective actions if necessary. This proposed AD would also require eventually replacing the MLG AES cam mechanism assembly with a new assembly, which would terminate the repetitive inspections for those airplanes. We are proposing this AD to prevent improper operation of the cam mechanism or rupture of the door release cable, which could result in loss of control of the airplane during landing.

The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2013. The decision solicits comments on the following issues: (1) The railroads' 2013 current cost of debt capital; (2) the railroads' 2013 current cost of preferred equity capital (if any); (3) the railroads' 2013 cost of common equity capital; and (4) the 2013 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in Railroad Cost of Capital2012, EP 558 (Sub-No. 16) (STB served Aug. 30, 2013).

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 12 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The FAA is issuing this notice to advise the public of a meeting of the ARAC.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777 airplanes. This AD requires, for certain airplanes, replacing radio altimeter transceivers with upgraded units, and, for all airplanes, replacing low range radio altimeter antennas with new antennas. This AD was prompted by operator reports of erratic low range radio altimeter (LRRA) operation while the airplane is airborne. We are issuing this AD to prevent adverse system responses and flight deck effects that could result in loss of controllability of the airplane or landing short of the runway during landing.

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.

We are adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS350B, BA, B1, B2, B3, and D, and Model AS355E, F, F1, F2, and N helicopters with certain tail rotor (T/R) blades. This AD requires installing additional rivets to secure each T/R blade trailing edge tab (tab), and inspecting for evidence of debonding of the tab after the rivets are installed. This AD was prompted by reports of T/R blade tab debonding. The actions of this AD are intended to prevent loss of a T/R blade tab, which could result in excessive vibration and loss of control of the helicopter.