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

PHMSA is issuing this advisory bulletin to alert operators of hazardous liquid and gas transmission pipelines of the potential significant impact flow reversals, product changes and conversion to service may have on the integrity of a pipeline. Failures on natural gas transmission and hazardous liquid pipelines have occurred after these operational changes. This advisory bulletin describes specific notification requirements and general operating and maintenance (O&M) and integrity management actions regarding flow reversals, product changes and conversion to service. This advisory bulletin also recommends additional actions operators should take when these operational changes are made including the submission of a comprehensive written plan to the appropriate PHMSA regional office regarding these changes prior to implementation.

This action makes minor adjustments to the latitude/longitude positions of two points in the descriptions of restricted areas R- 2901A, B, G, H, J, K, L and N at the Avon Park Air Force Range, FL. The corrections are the result of more accurate digital plotting of the points.

We propose to supersede Airworthiness Directive (AD) 2011-09- 03, which applies to all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G airplanes. AD 2011-09-03 currently requires repetitive eddy current inspections to detect cracks in the center wing upper and lower rainbow fittings, and corrective actions if necessary; and repetitive replacement of rainbow fittings, which would extend the repetitive interval for the next inspection. Since we issued AD 2011-09-03, analysis of in-service cracking has shown that a reduction in the inspection intervals is necessary for the upper rainbow fittings. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. This proposed AD would require reduced intervals for inspections of the upper rainbow fittings. We are proposing this AD to detect and correct fatigue cracking of the upper and lower rainbow fittings on the center wings, which could grow large and lead to the failure of the fitting and a catastrophic failure of the center wing.

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, replacement of the 5th Street Bridge (No. 18C-0012) over the Feather River and improvement of approach roadways to the bridge, in the Counties of Sutter and Yuba, State of California. Those actions grant licenses, permits, and approvals for the project.

The Federal Aviation Administration (FAA) is hosting an industry day to introduce the Mini Global II project to the aviation community. The FAA will demonstrate that operational benefits to aviation stakeholders can be realized sooner, while also potentially identifying new synergistic technologies and capabilities.

This final rule amends the application requirements for the Surface Transportation Project Delivery Program (Program). This rulemaking is prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which converted the Surface Transportation Project Delivery Pilot Program into a permanent program, allowed any State to apply for the Program, created a renewal process for Program participation, and expanded the scope of the Secretary's responsibilities that may be assigned and assumed under the Program to environmental review responsibilities for railroad, public transportation, and multimodal projects, in addition to highway projects.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in San Francisco, CA; Mukilteo, WA; and Santa Clara County, CA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

In response to section 32709 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), the FMCSA requests public comments concerning the current knowledge and skills testing requirements for a commercial driver's license (CDL) passenger endorsement to determine whether improvements to the knowledge test, the examination of driving skills, and the application of the requirements are necessary to ensure the safe operation of commercial motor vehicles designed or used to transport passengers. Section 32709 requires the Secretary to submit a report to Congress on the issue. FMCSA has reviewed information from State licensing agencies responsible for conducting such tests and now provides an opportunity for all interested parties to share their perspectives on this issue as the Agency completes its report to Congress.

On April 26, 2013, NHTSA released the Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle Electronic Devices (Phase 1 Guidelines) in an effort to promote safety by discouraging the introduction of excessively distracting devices in vehicles. These Guidelines cover original equipment (OE) in-vehicle (i.e., integrated) electronic devices that are operated by the driver through visual- manual means (i.e., the driver looks at a device, manipulates a device- related control with his or her hand, and/or watches for visual feedback from the device). This document clarifies some ambiguities that have been identified in these Guidelines. For some of these clarifications, revisions to the Guidelines text are indicated. A revised version of the Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle Electronic Devices (Phase 1 Guidelines), including these revisions, will be posted on www.regulations.gov in Docket NHTSA-2014-0088.

This action extends the comment period for an NPRM that was published on July 10, 2014. In that document, the FAA proposed new and updated flight simulation training device (FSTD) technical evaluation requirements that are necessary to fully implement the training requirements recently adopted in the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule (Crewmember and Aircraft Dispatcher Training Final Rule) published on November 12, 2013. Additionally, the FAA proposed further changes to address several NTSB safety recommendations, aviation rulemaking committee recommendations, and to conduct a limited alignment of the part 60 FSTD technical evaluation requirements with that of the latest international FSTD evaluation guidance document. One airline, an association that represents several airlines, and an FSTD sponsor have requested that the FAA extend the comment period to allow time to adequately analyze the NPRM and prepare comments.

This action establishes Class D airspace and amends Class E airspace at Blackstone, VA, to accommodate the new air traffic control tower at Allen C Perkinson Blackstone Army Airfield. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airfield. This action updates the geographic coordinates of the airfield's Class E airspace, and adds exclusion of Restricted area airspace in Class D airspace.

This action establishes Class E airspace at Pine Knot, KY, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) serving Mc Creary County Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters, Inc. (previously Eurocopter France) Model AS355E, AS355F, AS355F1, and AS355F2 helicopters with a Fueltron flowmeter installed. This proposed AD would require removing each flowmeter, replacing the fuel system hoses, and disabling the electrical connections for the flowmeter installation. This proposed AD is prompted by a report of particle contamination creating an obstruction in a flowmeter which resulted in an uncontrolled flame-out of the engine. The proposed actions are intended to prevent obstruction of the fuel supply to the flowmeter, which could result in engine flame-out and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for all Harry E. Williams de Havilland Model DH 82A airplanes, all Cliff Robertson de Havilland Model DH 82A airplanes, and all de Havilland Model DH 83 airplanes. This proposed AD was prompted by reports of structural failure of the attachment of the wing to the fuselage that resulted from failed lateral fuselage tie rods. This proposed AD would require inspecting the aircraft maintenance records to determine the date of installation or the date of last replacement of the lateral fuselage tie rods. This proposed AD would also require repetitively replacing all lateral fuselage tie rods and attaching nuts at a specified life limit interval. We are proposing this AD to correct the unsafe condition on these products.

In accordance with the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321, et seq.), Council on Environmental Quality NEPA implementing regulations (40 CFR Parts 1500- 1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of the Final EA for the Midland International Air and Space Port, City of Midland, Midland County, Texas, and FONSI.

China Manufacturers Alliance, LLC (CMA) and Double Coin Holdings, Ltd (DCHL) have determined that certain Double Coin and Dynatrac brand truck & bus radial replacement tires that were imported by CMA and manufactured by DCHL do not fully comply with paragraph S6.5 of Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More Than 4,536 Kilograms (10,000 Pounds) and Motorcycles. CMA and DCHL filed an appropriate report dated June 17, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

The FAA is revising airworthiness directive (AD) 2014-07-04 that published in the Federal Register to correct certain errors. AD 2014-07-04 applied to certain Sikorsky Model S-92A helicopters. The range of serial numbers in the Applicability section and a reference to the service information in the Required Actions section of the regulatory text are incorrect. This document corrects those errors. In all other respects, the original document remains the same.

These special conditions are issued for the AgustaWestland Model AW189 helicopter. This model helicopter will have the novel or unusual design feature of a 30-minute all engines operating (AEO) power rating, generally intended to be used for hovering at increased power for search and rescue missions. 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.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-102, -103, -106, -201, -202, -301, -311, and 315 airplanes. This AD was prompted by reports of dual alternating current (AC) generator failure during flight. The failure was attributed to wire chafing along the wing lower flap shroud. This AD requires revising the maintenance program to incorporate certain tasks for the electrical wiring interconnection system inspection program. We are issuing this AD to prevent failure of both AC generators due to wire chafing, which could result in loss of power to the anti-icing heaters for the elevator horn, engine inlet, and propeller, and consequent ice accumulation in these areas, which could adversely affect the controllability of the airplane.

This action withdraws an FTA notice of funding availability (NOFA), Innovative Public Transportation Workforce Development Program Ladders of Opportunity Initiative, published in the Federal Register on September 5, 2014 (79 FR 53095). FTA will issue a revised NOFA for this program.

The FAA is issuing this notice to advise the public of the ninety-second meeting of the RTCA Special Committee 159, Global Positioning Systems (GPS).

These special conditions are issued for the Bombardier Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes will have novel or unusual design features, specifically, digital systems architecture composed of several connected networks that may allow access to or by external computer systems and networks and may result in security vulnerabilities to the airplanes' systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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.

These special conditions are issued 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 a reduced margin between design cruising speed, VC/ MC, and design diving speed, VD/MD, based on the incorporation of a high-speed protection system that limits nose down pilot authority at speeds above VD/ MD. 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.

PHMSA is issuing this advisory bulletin to all owners and operators of gas and hazardous liquid pipelines to provide further clarification regarding the notification(s) required prior to certain construction-related events. PHMSA needs to be aware of certain construction-related events to have sufficient time to schedule reviews of pipeline construction plans and inspections. Moreover, timely construction plan reviews and inspections by PHMSA could help operators avoid costly modifications, repairs and/or additions to achieve compliance with the Federal pipeline safety regulations. Accordingly, PHMSA strongly encourages operators to provide the required construction-related notification(s) not later than 60 days prior to whichever of the following activities occurs first: Material purchasing and manufacturing; right-of-way acquisition; construction equipment move-in activities; onsite or offsite fabrications; or right-of-way clearing, grading and ditching. PHMSA also strongly encourages operators to provide the required notification(s) for the construction of 10 or more miles of a new pipeline for a pipeline that: (1) Did not previously exist; and (2) for the replacement of 10 or more contiguous miles of line pipe in an existing pipeline.

PHMSA is correcting language it issued in a notice of proposed rulemaking under this Docket on August 12, 2014, that proposes to include the standard operating procedures and criteria used to evaluate applications for special permits and approvals under the Hazardous Materials Regulations. The NPRM addresses certain matters identified in the Hazardous Materials Transportation Safety Act of 2012 related to these procedures as they are executed by PHMSA's Office of Hazardous Materials Safety's Approvals and Permits Division. This correction adds language to clarify that special permit and approval applications that undergo review by an Operating Administration (OA) will complete this review before they undergo an automated review. This proposed correction also clarifies that an OA review, depending on its completeness, may negate the need for the automated review.