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

In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that FHWA will submit the collection of information described below to the Office of Management and Budget (OMB) for review and comment. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 5, 2014. The PRA submission describes the nature of the information collection and its expected cost and burden.

FMCSA announces its denial of 128 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. 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 exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces that it has received an application from Payne and Dolan, Inc.; Zenith Tech, Inc.; and Northeast Asphalt, Inc. for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The requested exemption would apply to CMV drivers of these three companies involved in the transport, placement and movement of materials and equipment needed in the day-to-day operation of road, bridge and parking lot construction and maintenance. These companies believe that compliance with the 30-minute rest break rule is extremely difficult due to several variables associated with the nature of their operations and work scheduling (e.g., work zone time, delivery and repair schedules). FMCSA requests public comment on these companies application for exemption.

NHTSA is issuing this NPRM to propose a new Federal motor vehicle safety standard to enhance the rollover structural integrity of certain types of large buses (generally, over-the-road buses (of any weight) and non-over-the-road buses with a gross vehicle weight rating (GVWR) greater than 11,793 kilograms (kg) (26,000 pounds (lb)). The agency is proposing performance requirements that new large buses of these types must meet in a test in which the vehicle is tipped over from an 800 millimeter (mm) raised platform onto a level ground surface. The performance requirements would ensure that these vehicles provide a sufficient level of survival space to restrained occupants in rollover crashes. The performance requirements would also ensure that seats and overhead luggage racks remain secured and window glazing attached to its mounting during and after a rollover crash, and would ensure that emergency exits remain closed during the rollover crash and operable after the crash. This NPRM is among the rulemakings issued pursuant to NHTSA's 2007 Approach to Motorcoach Safety and DOT's Departmental Motorcoach Safety Action Plan. In addition, establishing roof strength and crush resistance requirements, to the extent warranted under the National Traffic and Motor Vehicle Safety Act, would fulfill a statutory provision of the Motorcoach Enhanced Safety Act of 2012 (incorporated and passed as part of the Moving Ahead for Progress in the 21st Century Act).

The FAA is issuing this notice to advise the public of the first meeting of RTCA Special Committee 232, Airborne Selective Calling Equipment.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This proposed AD was prompted by reports of cracks at the lower forward corner of the main entry door (MED) 1 cutout. This proposed AD would require repetitive inspections of the MED door 1 for cracking, and repair if necessary. This proposed AD also provides optional terminating modification; and would require post- repair or post-modification inspections for cracking, and corrective actions if necessary. We are proposing this AD to detect and correct skin cracking, which can become large and could adversely affect the structural integrity of the airplane.

This notice announces that Federal actions taken by the California Department of Transportation (Caltrans) pursuant to its assigned responsibilities under 23 U.S.C. 327 are final within the meaning of 23 U.S.C. 139 (l)(1). FHWA, on behalf of Caltrans, is issuing this notice to announce that, with respect to the State Route 101 Willits Bypass Project in Willits (Mendocino County), California, and the Ryan Creek Fish Passage Mitigation Project, a Categorical Exclusion was completed on June 3, 2014. The Categorical Exclusion was prepared in order to determine impacts of creating fish passage along Ryan Creek in Mendocino County, California, as part of the permit mitigation of the Willits Bypass Project. Based upon the analyses contained in the Categorical Exclusion, Caltrans has made the determination that the project will not have significant impacts to the environment.

This document requests comments on data about passenger motor vehicle thefts that occurred in calendar year (CY) 2012, including theft rates for existing passenger motor vehicle lines manufactured in model year (MY) 2012. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2012 vehicles (1.1294 thefts per thousand vehicles) increased by 14.21 percent from the theft rate for CY/MY 2011 vehicles (0.9889) thefts per thousand vehicles). Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment.

This document grants in full the petition of Tesla Motors Inc's., (Tesla) petition for an exemption of the Model X vehicle line in accordance with 49 CFR Part 543, Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of 49 CFR Part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). Tesla requested confidential treatment for specific information in its petition. The agency will address Tesla's request for confidential treatment by separate letter.

We are publishing a new airworthiness directive (AD) for certain AgustaWestland S.p.A. Model AB139 and AW139 helicopters. This AD requires repetitively inspecting the Main Rotor (M/R) Rotating Scissors for play of the Lower Half Scissor Spherical Bearing (bearing) and removing the bearing if there is play beyond allowable limits. This AD also requires removing all affected bearings. This AD is prompted by reports of certain bearings dislodging from certain M/R Rotating Scissors. These actions are intended to detect excessive play of the bearing and prevent failure of the M/R Rotating Scissors and subsequent loss of control of the helicopter.

We are publishing a new airworthiness directive (AD) for Airbus Helicopters Model EC130B4 and EC130T2 helicopters, which was sent previously to all known U.S. owners and operators of these helicopters. This AD requires repetitively inspecting the Fenestron to tailboom junction frame (junction frame) for a crack. This AD is prompted by reports of a crack propagating through the junction frame on two EC130B4 helicopters. These actions are intended to detect a crack and to prevent failure of the junction frame, which could result in loss of the Fenestron and subsequent loss of control of the helicopter.

We are adopting a new airworthiness directive (AD) for certain Mooney International Corporation Models M20C, M20E, M20M, M20R, and M20TN airplanes. This AD requires inspection of the outer empennage attach fittings for correct thickness with replacement as necessary. This AD was prompted by discovery of empennage attach fittings (Lugs) that do not meet the approved design dimensional requirements, which could result in possible reduction in fatigue or static strength and/or corrosion. We are issuing this AD to correct the unsafe condition on these products.

This document amends the regulations on registered importers (`'RIs'') of motor vehicles not originally manufactured to comply with all applicable Federal motor vehicle safety standards. The amendment requires RIs to certify to NHTSA that an imported vehicle either is not required to comply with the parts marking requirements of the Theft Prevention Standard or that the vehicle complies with those requirements as manufactured, or as modified prior to importation. The amendment restores text that was inadvertently omitted when the regulations were last revised.

We are adopting a new airworthiness directive (AD) for certain Saab AB, Saab Aerosystems Model SAAB 2000 airplanes. This AD was prompted by a report of rudder pedal restriction which was the result of water leakage at the inlet tubing of an in-line heater in the lower part of the forward fuselage. This AD requires deactivating the potable water system, or alternatively filling and activating the potable water system. We are issuing this AD to prevent rudder pedal restriction due to the pitch control mechanism becoming frozen as the result of water spray, which could prevent disconnection and normal pitch control, and consequently result in reduced controllability of the airplane.

We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. This proposed AD was prompted by a report of two cases of heavy (hard to move) aileron control caused by aileron cables stuck in a clump of ice in the wheel bay. This proposed AD would require installing drain tubes on the center wing rear spar. We are proposing this AD to prevent accumulated water near or on the aileron control cables, which could freeze and result in reduced control of the airplane.

The FHWA is issuing this notice to advise the public that an environmental impact statement (EIS) will be prepared for a proposed Northwest Corridor highway project within the Municipalities of Hatillo, Camuy, Quebradillas, Isabela, Moca and Aguadilla in the Commonwealth of Puerto Rico.

The CMAQ program provides funding to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act (CAA). Funding is available to reduce congestion and improve air quality for areas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide (CO), or particulate matter (nonattainment areas) and for areas that were out of compliance but have now met the standards (maintenance areas). The Moving Ahead for Progress in the 21st Century Act (MAP-21) requires priority use of CMAQ funds in areas that are designated nonattainment or maintenance for fine particulate matter (PM2.5) NAAQS under the CAA. Specifically, an amount equal to 25 percent of the CMAQ funds apportioned to each State for a nonattainment or maintenance area that is based all or in part on the weighted population of the PM2.5 nonattainment area shall be obligated to projects that reduce PM2.5 emissions in such area. These projects include diesel retrofits for on-road and some off- road applications, as well as for diesel equipment operated on a highway construction project within PM2.5 nonattainment and maintenance areas. Although the MAP-21 language for the CMAQ funds that must be obligated for PM2.5 projects (referred to in this NPRM as a ``set-aside'') instructs that the set-aside be calculated based on ``weighted population'' for PM2.5, the statute does not specify the values to be applied to determine the weighted population. In this proposed rule, FHWA is requesting comments on a proposed weighting factor of 5, to be used in determining the weighted population of a PM2.5 nonattainment area.

These special conditions are issued for Airbus Model A350-900 airplanes. These airplanes have a novel or unusual design feature associated with control-surface awareness and mode annunciation provided by the electronic flight-control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These 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.

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. The FMCSA requests approval to revise and renew an ICR entitled, ``Commercial Driver Licensing and Test Standards,'' due to an increase in the number of Commercial Driver License Information System (CDLIS) driver records from 12.8 to 14.6 million and the addition of one information collection item: ``Driver completion of knowledge and skills tests [49 CFR 383.71(a)(2)(ii) and (b)(2)].'' This ICR is needed to ensure that drivers, motor carriers and the States are complying with notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate, complete and transmitted and recorded within certain time periods as required by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.