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

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2012 Mercedes-Benz S-Class 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 2012 Mercedes-Benz S- Class) and they are capable of being readily altered to conform to the standards.

This action amends Class D and Class E airspace at Traverse City, MI. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at Cherry Capital Airport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations at the airport. Geographic coordinates are also updated.

This action changes the effective date of a final rule published in the Federal Register on April 1, 2014, amending VOR Federal airways V-35 and V-276 in the eastern United States. The FAA is taking this action to link the effective date of the airway amendments with the completion of the development of associated enroute and terminal procedures and the date for decommissioning the Tyrone, PA VORTAC.

Interested parties are invited to comment on an application by the American Trucking Associations, Inc. (ATA) for an administrative determination whether Federal hazardous material transportation law preempts requirements of the New York City Fire Department for a permit to transport certain hazardous materials by motor vehicle through New York City, or for transshipment from New York City, and the fee for the permit.

The FAA is issuing this notice to advise the public of the twenty fifth meeting of the RTCA Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS).

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.

The FMCSA solicits nominations and applications for appointment to the Board of Directors of the Unified Carrier Registration Plan (UCR Plan) of interested persons to serve as representatives of chief administrative officers of State agencies responsible for overseeing the Unified Carrier Registration Agreement (UCR Agreement). The Agency will appoint four members from such State agencies, one from each of FMCSA's four service areas. As authorized by 49 U.S.C. 14504a, the UCR Plan is responsible for the administration of the UCR Agreement. The UCR Agreement governs the registration and the collection and distribution of fees paid by for-hire and private motor carriers, brokers, freight forwarders, and leasing companies. The UCR Plan and Agreement replaced the Single State Registration System (SSRS), which was repealed as of January 1, 2008.

We propose to adopt a new airworthiness directive (AD) for certain Learjet Inc. Model 45 airplanes. This proposed AD was prompted by reports of non-conforming windshield supports (coupe rails). This proposed AD would require a general visual inspection to detect gouging and scratches and to determine if a radius has been removed; an ultrasound inspection to measure the dimensions of the lower coupe rails; an eddy current inspection to detect cracks of the lower coupe rails; replacement of the lower coupe rails if necessary; and revision of the maintenance or inspection program, as applicable. We are proposing this AD to detect and correct non-conforming windshield supports, which could result in uncontrolled cabin depressurization. Non-conforming windshield supports could also compromise the capability of the windshield to withstand a bird strike.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A300 and A310 series airplanes, and certain Model A300-600 series airplanes. This proposed AD was prompted by a review of certain repairs, which revealed that the structural integrity of the airplane could be affected if those repairs are not re-worked. This proposed AD would require an inspection to identify certain repairs, and corrective action if necessary. We are proposing this AD to detect and correct certain repairs on the floor cross beams flange. If those repairs are not reworked, the structural integrity of the airplane could be negatively affected.

The Federal Aviation Administration (FAA) is correcting notice numbers that appear in the heading of two notices of proposed rulemakings published in the Federal Register. The publications are ``Harmonization of Airworthiness StandardsMiscellaneous Structures Requirements'' (78 FR 13835, March 1, 2013) and ``Harmonization of Airworthiness StandardsGust and Maneuver Load Requirements'' (78 FR 31851, May 28, 2013). These actions address regulatory differences between the airworthiness standards of the FAA and the European Aviation Safety Agency, without affecting current industry design practices.

This final rule revises some of the Department's civil rights regulations by removing obsolete and inconsistent language.

The Board is adopting final rules establishing that a person receiving rail cars from a rail carrier for loading or unloading who detains the cars beyond the ``free time'' provided in the carrier's governing tariff will generally be responsible for paying demurrage, if that person has actual notice, prior to rail car placement, of the demurrage tariff establishing such liability. The Board also clarifies that it construes the provisions of 49 U.S.C. 10743, titled ``Liability for payment of rates,'' as applying to carriers' line-haul rates, but not to carriers' charges for demurrage.

We are adopting a new airworthiness directive (AD) for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the butt-joints on the forward fuselage above the passenger door are subject to widespread fatigue damage (WFD). This AD requires inspecting the forward fuselage butt-joints for cracking, repairing any crack, and eventually doing a terminating repair. We are issuing this AD to prevent fatigue cracking of such butt-joints, which could result in reduced structural integrity of the airplane and in- flight decompression of the airplane.

The US. Department of Transportation's (DOT) Federal Transit Administration (FTA) announces the selection of projects with Fiscal Year (FY) 2013 appropriations for the Tribal Transit Program (TTP). On May 9, 2013 FTA published a Federal Register Notice (78 FR 27284) announcing the availability of the funding for the program. The Moving Ahead for Progress in the 21st Century Act (MAP-21) authorizes approximately $5 million for federally recognized Indian Tribes or Alaska Native villages, groups, or communities as identified by the Bureau of Indian Affairs (BIA) in the U.S. Department of the Interior for public transportation. Combined with available funding from prior years, FTA is allocating a total of approximately $5.05 million to selected projects in this notice. The TTP supports capital projects, operating costs and planning activities that are eligible under the Formula Grants for Rural Areas Program (Section 5311). FTA funds may only be used for eligible purposes defined under 49 U.S.C 5311 and described in the proposed FTA Circular 9040.1G, and consistent with the specific eligibility and priorities established in the May 2013 Notice of Funding Availability (NOFA) .

We propose to adopt a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB- 135BJ airplanes. This proposed AD was prompted by reports of failure of the bolts that connect the cockpit windshield center-post to the forward fuselage. This proposed AD would require repetitive detailed inspections to detect discrepancies on the attaching parts of the cockpit windshield center-post; checking whether the bolts are tightened, if applicable; and modifying parts, including inspecting for and repairing damage. The modification would terminate the repetitive inspections. We are proposing this AD to prevent failed bolts and failed attaching parts of the cockpit windshield center-post, which could lead to loss of structural integrity of the airplane.

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) abstracted below is being forwarded to the Office of Management and Budget (OMB) for extension of currently approved collection. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on February 06, 2014 (79 FR 7278). The Bureau of Economic Analysis at the Department of Commerce submitted comments in support of the continuation of the data collection.

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 is needed to determine an applicant's eligibility for an award of attorney's fees and other expenses under the Equal Access to Justice Act.

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. FAR part 65 prescribes requirements for mechanics, repairmen, parachute riggers, and inspection authorizations. The information collected shows applicant eligibility for certification.

FMCSA announces that the Motor Carrier Safety Advisory Committee's (MCSAC) Compliance, Safety, Accountability (CSA) subcommittees will meet from April 29-30, 2014, in Arlington, VA. The CSA subcommittee will meet to discuss ideas, concepts, and suggestions on FMCSA's CSA program with the intent of preparing a letter report for submission to the full MCSAC in May 2014. The meeting is open to the public and there will be a public comment period at the end of each day. Times and Dates: The meeting will be held TuesdayWednesday, April 29-30, 2014, from 9 a.m. to 4 p.m., Eastern Daylight Time (E.D.T.). The meeting will be held at the Federal Highway Administration's National Highway Institute, 1310 N. Courthouse Road, Suite 300, Arlington, VA 22201. An agenda for the meeting will be made available in advance of the meeting at https://mcsac.fmcsa.dot.gov.

The FAA proposes to rule and invite public comment on the release of land at the Victoria Regional Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21).

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series 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 propose to adopt a new airworthiness directive (AD) for all British Aerospace Regional Aircraft Jetstream Model 3201 airplanes that would supersede AD 2007-10-16. 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 the need to incorporate revisions to the Airworthiness Limitations section of the Instructions for Continued Airworthiness. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Ferguson Slide Permanent Restoration Project on State Route 140 from 8 miles east of Briceburg to 7.6 miles west of El Portal in the County of Mariposa, State of California. Those actions grant licenses, permits, and approvals for the project.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A300-600 series airplanes. This proposed AD was prompted by reports of cracking found in the pylon box, which was due to the stresses resulting from the pressure applied by the engines' thrust reverser cowl bumpers. This proposed AD would require repetitive high frequency eddy current (HFEC) inspections for cracking, and replacement of all fittings if necessary. Replacement of all fittings would terminate the repetitive HFEC inspections. We are proposing this AD to detect and correct cracks of the pylon rib 5, which could result in reduced structural integrity of the airplane.

We propose to supersede Airworthiness Directive (AD) 2008-17- 03, which applies to certain The Boeing Company Model 737-100, -200, - 200C, -300, -400, and -500 series airplanes. AD 2008-17-03 currently requires repetitive inspections to detect fuselage frame cracking, and corrective action if necessary. AD 2008-17-03 also provides for optional terminating action (repair/preventive change) for the repetitive inspections. Since we issued AD 2008-17-03, we have determined that additional airplanes may be subject to the identified unsafe condition. This proposed AD would add airplanes to the applicability. For the newly added airplanes, however, this proposed AD would not provide terminating action for the repetitive inspections because service information has not been provided for a repair/ preventive change. We are proposing this AD to detect and correct fuselage frame cracking, which could prevent the left forward entry door from sealing correctly, and could cause in-flight decompression of the airplane.