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

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This proposed AD was prompted by numerous reports of failures of the proximity sensor within the slat skew detection mechanism assembly (DMA) leading to slats up landing events. This proposed AD would require replacing the slat skew DMAs with new slat skew DMAs, and marking the existing identification plates on the slat with the new part number. We are proposing this AD to prevent failure of the proximity sensor, which could result in the slats being shut down and a slats up high speed landing. This condition, in combination with abnormal landing conditions such as a short runway or adverse weather conditions, could result in a runway excursion.

FMCSA announces receipt of applications from 63 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

FMCSA announces that C.R. England, Inc. (C.R. England) has applied for an exemption from the Federal minimum training conditions in 49 CFR 383.25(a)(1) that require a commercial learner's permit (CLP) holder to always be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. C.R. England requests an exemption to allow CLP holders who have passed the CDL skills test but not yet received the CDL document to drive a commercial motor vehicle without being accompanied by a CDL holder, provided the driver has documentation of passing the skills test. C.R. England believes that the exemption, if granted, would allow such a driver to operate more freely and in a way that benefits the driver, the carrier, and the economy as a whole.

FMCSA announces its decision to exempt 13 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

In accordance with Executive Order 13563, Improving Regulation and Regulatory Review, FHWA and NHTSA are evaluating their State highway safety plan development and reporting requirements. As part of this review, this notice requests comments on actions FHWA and NHTSA could take without statutory changes to better streamline and harmonize State highway safety plan development and reporting requirements.

The FAA is issuing this notice to advise the public of a meeting of RTCA Program Management Committee.

The FHWA, on behalf of the California Department of Transportation (Caltrans), is issuing this notice to advise the public that it has rescinded the Finding of No Significant Impact (FONSI), which was issued on May 18, 2010, and published on December 19, 2011 in the Federal Register (Federal Register/Vol. 76, No. 243/Monday, December 19, 2011/Notices, [48940]) for a proposed highway project on U.S. Route 101 in Humboldt County. The FONSI was also revalidated on January 24, 2014, and notice of that action was published on February 26, 2014 in the Federal Register (Federal Register/Vol.79, No. 38/ Wednesday, February 26, 2014/Notices [108701]).

The Maritime Administration (MARAD) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The information to be collected is necessary in order for MARAD to perform and carry out its duties required by Sections 210 and 211 of the Merchant Marine Act of 1936. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995, Public Law 104-13.

This action proposes to establish Class E airspace at Sonora, TX. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at JL Bar Ranch Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

This action proposes to amend Class E Airspace at Zephyrhills, FL, as the Zephyrhills Non-Directional Beacon (NDB) has been decommissioned, requiring airspace redesign at Zephyrhills Municipal Airport. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport. This action also would update the geographic coordinates of airport.

This action proposes to establish Class E airspace at Key Largo, FL, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Ocean Reef Club Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

This document proposes to amend Federal Motor Vehicle Safety Standards (FMVSSs) Nos. 122 and 123, to allow the use of an internationally recognized symbol as the antilock brake system (ABS) malfunction telltale. Although the use of the symbol complies with the FMVSS No. 122 requirement that the letters ``ABS'' indicate a malfunction, the height of the letters ``ABS'' within the standardized malfunction symbol on many motorcycles do not comply with the letter height requirement in FMVSS No. 122. We also are proposing a technical change to correct a mistake in the 2012 final rule adopting FMVSS No. 122.

We are superseding Airworthiness Directive (AD) 2012-06-19 for certain Airbus Model A330-201, -202, -203, -223, -243, -301, -302, - 303, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340- 200 and -300 series airplanes. AD 2012-06-19 required repetitive inspections of the main fitting and sliding tube of the nose landing gear (NLG) for defects, damage, and cracks; and corrective actions if necessary. This new AD requires an inspection of the part number and serial number of the NLG main fitting and NLG sliding tube; for affected parts, this new AD requires a magnetic particle inspection (MPI) for cracks, and flap peening and replacement if necessary. This new AD also requires, for certain parts, additional inspections for damage and cracking. This new AD also adds airplanes to the applicability. This AD was prompted by reports of a cracked main fitting and sliding tube during NLG overhaul. We are issuing this AD to detect and correct cracks, defects, or damage of the main fitting or sliding tube, which could result in consequent NLG collapse.

We are superseding Airworthiness Directive (AD) 2005-13-05, which applied to certain Boeing Model 747-400F series airplanes. AD 2005-13-05 required inspections for cracking of the web, upper chord, and upper chord strap of the upper deck floor beams, and repair of any cracking. AD 2005-13-05 also required a preventive modification of the upper deck floor beams, and repetitive inspections for cracking after accomplishing the modification. This new AD retains these actions and requires a second modification, repetitive inspections for cracking, and repair if necessary. This AD was prompted by a determination that the upper chords of the upper deck floor beams at certain stations are structures that are susceptible to widespread fatigue damage, and that certain airplanes with an initial modification require a second modification for the airplane to meet its limit of validity (LOV). We are issuing this AD to detect and correct fatigue cracking in certain upper chords of the upper deck floor beam, which could result in reduced structural integrity of the airplane and rapid decompression or reduced controllability of the airplane.

We are superseding Airworthiness Directive (AD) 2004-16-01 for certain Airbus Model A330-200 and -300 series airplanes and Model A340- 200 and -300 series airplanes. AD 2004-16-01 required repetitive inspections for cracking of the chromed area of the left and right piston rods for the main landing gear (MLG) retraction actuators, and related investigative and corrective actions if necessary. This new AD requires repetitive draining of any fluid from the retraction actuator piston rod internal volume and sealing of the vent hole; repetitive ultrasonic inspections of the upper end of the piston rods, and corrective actions if necessary; a one-time ultrasonic inspection (longitudinal and circumferential) of the full length of the piston rod, and corrective actions if necessary; and a terminating modification of the left-hand and right-hand MLG retraction actuators. This AD was prompted by reports of the piston rods for the MLG retraction actuators rupturing during flight. We are issuing this AD to prevent cracking of the piston rods for the MLG retraction actuators, which could result in rupture of a piston rod, non-damped extension of the MLG, high loads on the fully extended MLG, and consequent reduced structural integrity of the MLG.

FRA is issuing Safety Advisory 2014-02 to reemphasize the importance of clear communication and compliance with applicable rules and procedures regarding roadway worker authority limits on controlled track. FRA believes it is necessary to issue this advisory in light of the miscommunication or error involved in recent roadway worker incidents that occurred at locations that were either outside of authority limits or within authority limits that were no longer protected due to dispatcher error. This safety advisory recommends that railroads monitor their employees for compliance with existing applicable rules and procedures and that they also examine their train dispatching systems, rules, and procedures to ensure that appropriate safety redundancies are in place in the event of miscommunication or error. In addition, this safety advisory recommends that if a railroad determines that appropriate safety redundancies are not in place, the railroad should adopt electronic technology that would provide appropriate safety redundancies, and adopt certain interim safety measures and procedures at least until such technology is in place.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes an existing collection of information for 49 CFR part 574, Tire Identification and Recordkeeping, for which NHTSA intends to seek renewed OMB approval.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

This document grants in full the Mazda Motor Corporation's (Mazda) petition for an exemption of the (confidential) 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). Mazda also requested confidential treatment for specific information in its petition. The agency will address Mazda's request for confidential treatment by separate letter.

This document publishes the final data on thefts of model year (MY) 2012 passenger motor vehicles that occurred in calendar year (CY) 2012. The final 2012 theft data indicated an increase in the vehicle theft rate experienced in CY/MY 2012. The final theft rate for MY 2012 passenger vehicles stolen in calendar year 2012 is 1.1294 thefts per thousand vehicles, an increase of 14.21 percent from the rate of 0.9889 thefts per thousand in 2011. 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.

The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2015, through December 31, 2015, will remain at 25 percent of safety- sensitive employees for random drug testing and 10 percent of safety- sensitive employees for random alcohol testing.

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.