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

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 document reopens the comment period for a notice of proposed rulemaking (NPRM) published January 28, 2014. The NPRM proposes to amend Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ``Child restraint systems,'' to adopt side impact performance requirements for all child restraint systems designed to seat children in a weight range that includes weights up to 18 kilograms (kg) (40 pounds (lb)). The original comment period closed April 28, 2014. In response to a petition from the Juvenile Products Manufacturers Association, NHTSA is reopening the comment closing date for 120 days.

FMCSA announces receipt of applications from 11 individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. 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. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs for 2 years in interstate commerce.

We are adopting a new airworthiness directive (AD) for Agusta Model A109A, A109A II, A109C, A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters. This AD requires inspecting and replacing certain part-numbered main rotor swashplate support nuts. This AD is prompted by a report of two cracked nuts found on an A109S helicopter. These actions are intended to detect a cracked nut and prevent failure of the main rotor system, and subsequent loss of control of the helicopter.

This action proposes special conditions for the Bombardier Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes will have a novel or unusual design feature associated with the use of carbon fiber reinforced plastic (CFRP) for most of the wing fuel tank structure, which, when impacted by tire debris, may resist penetration or rupture differently from aluminum wing skins. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

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 various proposed highway projects in the State of Colorado. Those actions grant licenses, permits, and approvals for the projects.

We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Model EC225LP, AS332C, AS332L, AS332L1, and AS332L2 helicopters. This proposed AD would require inspecting each TECALEMIT flexible hydraulic hose (hose) installed in the main gearbox (MGB) compartment and replacing the hose if a crack, cut, or other damage exists. This proposed AD is prompted by reports about the loss of in- flight hydraulic pressure on Eurocopter helicopters. The proposed actions are intended to prevent loss of the hydraulic system and consequently, loss of helicopter control.

We propose to supersede airworthiness directive (AD) 2012-14- 11 for Arrow Falcon Exporters, Inc. (AFE), Rotorcraft Development Corporation (RDC), and San Joaquin Helicopters (SJH) Model OH-58A, OH- 58A+, and OH-58C helicopters. AD 2012-14-11 currently requires inspecting the main rotor mast (mast) for a crack. Since we issued AD 2012-14-11, we have determined that the area of the mast requiring inspection should be expanded and repetitive inspections of the mast should be accomplished. This proposed AD would expand the area of the mast that requires an inspection for a crack and would require repetitive inspections of the mast. The proposed actions are intended to prevent failure of the mast and subsequent loss of control of the helicopter.

Under the provisions of Title 49, U.S.C. Section 47151(d), notice is being given that the Federal Aviation Administration (FAA) is considering a request from the Richland-Lexington Airport District to waive the requirement that two parcels (3.51 acres and 3.68 acres) of surplus property, located at the Columbia Metropolitan Airport be used for aeronautical purposes. Currently, ownership of the property provides for protection of FAR Part 77 surfaces and compatible land use which would continue to be protected with deed restrictions required in the transfer of land ownership.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

The FAA is considering a proposal to change approximately 126.12 acres of airport land from aeronautical use to non-aeronautical use at Alpena County Regional Airport, Alpena, MI. The aforementioned land is not needed for aeronautical use and will be used for revenue producing, non-aeronautical purposes. The property is located west of Airport Road and north of Highway M-32. The property is currently vacant. The airport intends to market this property for lease to non-aeronautical businesses.

The U.S. Department of Transportation (DOT) and Maritime Administration (MARAD) announce that the open season for Marine Highway project submissions begins today and ends on September 30, 2016. The purpose of this notice is to invite interested parties to submit Marine Highway project applications to DOT for review and consideration. Marine Highway route recommendations will continue to be accepted and reviewed at any time. Since the last open season, the program's originating authority, the Energy Independence and Security Act of 2007, has been amended to include short sea routes that do not have parallel landside routes. Accordingly, the Department can now review and consider designating Marine Highway routes and projects between all U.S. ports, including U.S. ports with no contiguous landside connection, as well as between U.S. ports and ports in Canada located in the Great Lakes Saint Lawrence Seaway System.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby, given that the Office of Hazardous Materials Safety has received the applications described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Requests for modification of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.

The FHWA and the FTA are jointly issuing this NPRM to propose revisions to the regulations governing the development of metropolitan transportation plans and programs for urbanized areas, State transportation plans and programs, and the congestion management process. The changes reflect recent passage of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The MAP-21 continues many provisions related to transportation planning from prior laws; however, it introduces transformational changes and adds some new provisions. The proposed rule would make the regulations consistent with current statutory requirements and proposes the following: A new mandate for State departments of transportation (States) and metropolitan planning organizations (MPO) to take a performance-based approach to planning and programming; a new emphasis on the nonmetropolitan transportation planning process, by requiring States to have a higher level of involvement with nonmetropolitan local officials and providing a process for the creation of regional transportation planning organizations (RTPO); a structural change to the membership of the larger MPOs; a new framework for voluntary scenario planning; revisions to the integration of the planning and environmental review process; and a process for programmatic mitigation plans.