Department of Transportation December 2014 – Federal Register Recent Federal Regulation Documents
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Airworthiness Directives; Various Aircraft Equipped With Wing Lift Struts
We propose to supersede Airworthiness Directive (AD) 99-01-05 R1, which applies to certain aircraft equipped with wing lift struts. AD 99-01-05 R1 currently requires repetitively inspecting the wing lift struts for corrosion; repetitively inspecting the wing lift strut forks for cracks; replacing any corroded wing lift strut; replacing any cracked wing lift strut fork; and repetitively replacing the wing lift strut forks at a specified time for certain airplanes. Since we issued AD 99-01-05 R1, we have determined that additional airplane models should be added to the Applicability section. This proposed AD would retain all requirements of the existing AD. We are proposing this AD to correct the unsafe condition on these products.
Agency Information Collection Activities: Notice of Request for Reinstatement of a Previously Approved Information Collection
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 October 8, 2014. The PRA submission describes the nature of the information collection and its expected cost and burden.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 69 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.
Airworthiness Directives; British Aerospace Regional Aircraft Airplanes
We propose to adopt a new airworthiness directive (AD) for British Aerospace Regional Aircraft Model Jetstream Series 3101 and Jetstream Model 3201 airplanes that would supersede AD 2014-06-03. 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 stress corrosion cracking of the main landing gear spigot housing. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Special Conditions: Airbus Helicopters Deutschland GmbH Model MBB-BK117D-2 Helicopters; Use of 30-Minute Power Rating
These special conditions are issued for the Airbus Helicopters Deutschland GmbH Model MBB-BK117 D-2 helicopter. This model helicopter will have the novel or unusual design feature of a 30-minute 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.
Office of Commercial Space Transportation; Notice of Availability and Request for Comment on the Draft Environmental Assessment for the Houston Spaceport, City of Houston, Harris County, Texas
In accordance with the National Environmental Policy Act of 1969, as amended (NEPA; 42 United States Code 4321 et seq.), Council on Environmental Quality NEPA implementing regulations (40 Code of Federal Regulations parts 1500 to 1508), and FAA Order 1050.1E, Change 1, Environmental Impacts: Policies and Procedures, the FAA is announcing the availability of and requesting comments on the Draft Environmental Assessment for the Houston Spaceport (Draft EA).
Sixty-Second Meeting: RTCA Special Committee 186, Automatic Dependent Surveillance-Broadcast (ADS-B)
The FAA is issuing this notice to advise the public of the sixty second meeting of the RTCA Special Committee 186, Automatic Dependent Surveillance-Broadcast (ADS-B).
Thirtieth Meeting: RTCA Special Committee 224, Airport Security Access Control Systems
The FAA is issuing this notice to advise the public of the thirtieth meeting of the RTCA Special Committee 224, Airport Security Access Control Systems.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Retrospective Regulatory Review-State Safety Plan Development and Reporting
The FHWA and NHTSA are extending the comment period for a notice and request for comment which was published on November 28, 2014, at 79 FR 70914. The original comment period is set to close on December 29, 2014. The extension is based on concern expressed by the American Association of State Highway and Transportation Officials (AASHTO) that the December 29 closing date does not provide sufficient time to review and provide comprehensive comments on the notice. The FHWA and NHTSA recognize that others interested in commenting may have similar concerns and agrees that the comment period should be extended. Therefore, the closing date for comments is changed to February 15, 2015, which will provide stakeholders interested in commenting additional time to discuss, evaluate, and submit responses to the docket.
Consensus Standards, Inspection and Maintenance of Aircraft Electrical Wiring Systems
This notice announces the availability of two revised consensus standards relating to inspection and maintenance of aircraft electrical wiring systems. ASTM International Committee F39 on Aircraft Systems developed the revised standards with Federal Aviation Administration (FAA) participation. The consensus standards provide acceptable methods and procedures for inspection and maintenance of electrical wiring systems for normal, utility, acrobatic, and commuter category airplanes. By this notice, the FAA finds the revised standards as acceptable means of compliance to 14 CFR part 23 sections concerning electrical wiring systems.
American Honda Motor Co., Inc., Grant of Petition for Decision of Inconsequential Noncompliance
American Honda Motor Co., Inc. (Honda) has determined that the tire pressure monitoring system (TPMS) low tire pressure warning for certain model year (MY) 2011 and 2012 Acura TSX passenger cars equipped with accessory 18-inch diameter wheels sold at Honda dealerships do not comply with paragraph S4.2(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 138 Tire Pressure Monitoring Systems. Honda has filed an appropriate report dated September 27, 2012, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
China Manufacturers Alliance, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
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.
Prohibition Against Certain Flights Within the Damascus (OSTT) Flight Information Region (FIR)
This action prohibits certain flight operations in the Damascus (OSTT) Flight Information Region (FIR) by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. The FAA previously prohibited such flight operations in a Notice to Airmen (NOTAM) 4/4936, which was issued on August 18, 2014, and absent this rule, would have remained in effect until December 31, 2014. This Special Federal Aviation Regulation (SFAR) adopts the prohibitions currently in effect via the NOTAM, and requires compliance with the prohibitions for 2 years from the date of publication of this final rule, unless the FAA determines that it is necessary to amend or rescind this rule based on the situation in the region. The FAA finds that this action is necessary to address a potential hazard to persons and aircraft engaged in such flight operations.
Reports, Forms and Record Keeping Requirements Agency Information Collection Activity Under OMB Review
This document corrects the docket number in a Federal Register notice published on Tuesday, November 25, 2014, that announced a request for public comment on proposed collection of information.
Notice of Final Federal Agency Actions on Proposed Highway in California
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 on State Route 76 (SR-76) from postmile 32.6 to 33.2 in the County of San Diego, State of California. Those actions grant licenses, permits, and approvals for the project.
Proposed Agency Information Collection Activities; Comment Request
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the renewal Information Collection Requests (ICRs) abstracted below arebeing forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs 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 October 17, 2014 (79 FR 62513).
Michelin North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Michelin North America, Inc. (MNA) has determined that certain Michelin Pilot Street Radial replacement motorcycle tires, do not fully comply with paragraph S6.5(f) 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. MNA has filed an appropriate report dated July 3, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Chrysler Group, LLC, Grant of Petition for Decision of Inconsequential Noncompliance
Chrysler Group, LLC, (Chrysler), now known as Fiat Chrysler Automobiles NV, has determined that certain model year (MY) 2014 Jeep Cherokee multipurpose passenger vehicles (MPV), and MY 2013-2014 Dodge Dart passenger cars (PC) do not fully comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays and paragraph S5.5.5 of FMVSS No. 135,\1\ Light Vehicle Brake Systems. Chrysler has filed an appropriate report dated March 4, 2014 pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Reports, Forms, and Record Keeping Requirements Agency Information Collection Activity Under OMB Review
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 has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice soliciting public comment on the ICR, with a 60-day comment period was published on September 26, 2014, at 79 FR 58029.
Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs)
This action amends Special Federal Aviation Regulation (SFAR) No. 113, ``Prohibition Against Certain Flights in the Simferopol (UKFV) Flight Information Region (FIR),'' which prohibited certain flight operations in a portion of the Simferopol (UKFV) FIR by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when such operators are foreign air carriers. This action expands the area in which flight operations by persons subject to SFAR No. 113 are prohibited, to include all of the Simferopol (UKFV) FIR, as well as the entire Dnipropetrovsk (UKDV) FIR. The FAA finds this action to be necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
Notice of a Land Release Affecting Federal Grant Assurance Obligations at Tucson International Airport, Tucson, Pima County, Arizona
The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a land release of approximately 60 acres of airport property at Tucson International Airport, Tucson, Pima County, Arizona from the aeronautical use provisions of the Grant Agreement Assurances since the land is not needed for airport purposes. The property will be used by Pima County, Arizona to relocate an existing roadway that is too close to United States Air Force Plant Number 4, a military ordnance manufacturing facility. The proposed land release will allow the relocated public roadway to comply with the military safety separation standards from the ordnance facility. The airport will be compensated for the fair market value of the land. The use of the land for a roadway represents a compatible land use that will not interfere with the airport or its operation, thereby protecting the interests of civil aviation.
Agency Information Collection Activity Under OMB Review
The Federal Transit Administration invites public comment about its intention to request the Office of Management and Budget's (OMB) approval to renew the following information collection:
Notice of Request for the Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to approve the revision of the currently approved information collection: 49 U.S.C. 5335(a) and (b) National Transit Database (NTD).
Notice of Request for the Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to approve the revision of the currently approved information collection: 49 U.S.C. 5320 Paul S. Sarbanes Transit in the Parks Program.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 767 airplanes. This proposed AD was prompted by reports that six fasteners may not have been installed in the left and right stringer 37 (S-37) between body station (BS) 428 and 431 lap splices on certain airplanes. This proposed AD would require a general visual inspection of S-37 lap splices for missing fasteners; and all applicable related investigative and corrective actions. We are proposing this AD to detect and correct missing fasteners, which could result in cracks in the fuselage skin that could adversely affect the structural integrity of the airplane.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for all Airbus Model A330-200 Freighter, A330-200, A330-300, A340-200, A340- 300, A340-500, and A340-600 series airplanes. This proposed AD was prompted by a report of skin disbonding on a composite side panel of a rudder installed on an A310 airplane. This proposed AD would require a review of the maintenance records of the rudder to determine if any composite side shell panel repair has been done; a thermography inspection limited to the repair areas or complete side shells, as applicable, to identify possible in-service rudder repairs, damages, or fluid ingress; and applicable related investigative and corrective actions. We are proposing this AD to detect and correct the rudder skin disbonding, which could affect the structural integrity of the rudder, and could result in reduced controllability of the airplane.
Elimination of the Air Traffic Control Tower Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating; Correction
The FAA is correcting a final rule with request for comments, published on December 16, 2014 (79 FR 74607). In that final rule, the FAA amended its regulations to eliminate the requirement for an air traffic control tower operator to hold a control tower operator certificate if the individual also holds a Federal Aviation Administration Credential with a tower rating (FAA Credential). In that document, the FAA inadvertently made an error in the part heading for 14 CFR part 65. This document corrects that error.
Clarification of Policy Regarding Designated Aircraft Dispatcher Examiners
This notice announces a revision to policy contained in FAA Order 8900.1, regarding the qualification, authority, and limitations of Designated Aircraft Dispatcher Examiners (DADEs). This policy revision will be published in 8900.1, Volume 3, chapter 13, sections 1 through 4, and Volume 5, Chapter 5, Section 10. This policy provides guidance to FAA employees on the responsibilities, qualifications, and oversight of DADEs under 14 CFR part 183. Under this revision, the FAA is clarifying its policy regarding the qualifications, privileges, and limitations of these designees, in addition to establishing guidelines for DADEs when testing applicants for an Aircraft Dispatcher Certificate.
Airworthiness Directives; Pratt & Whitney Division Turbofan Engines
The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to all Pratt & Whitney Division (PW) PW4074, PW4074D, PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engine models with certain second-stage high-pressure turbine (HPT) air seals installed. The time required to perform the initial eddy current inspection (ECI) in the Compliance section is incorrect. This document corrects that error. In all other respects, the original document remains the same.
Membership in the National Parks Overflights Advisory Group Aviation Rulemaking Committee
The Federal Aviation Administration (FAA) and the National Park Service (NPS) are inviting interested persons to apply to fill two existing openings and one upcoming opening on the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). The two existing openings represent environmental concerns and the upcoming opening represents Native American interests. Selected members will each serve 3-year terms.
Twenty Seventh Meeting: RTCA Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS)
The FAA is issuing this notice to advise the public of the twenty seventh meeting of the RTCA Special Committee 213, Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS).
Seventeenth Meeting: RTCA Special Committee 222, AMS(R)S
The FAA is issuing this notice to advise the public of the seventeenth meeting of the RTCA Special Committee 222, Inmarsat AMS(R)S. The purpose of this meeting is threefold. First, we will consider the draft Change 4 to DO-210D. The draft will be submitted to the workspace no later than close of business Eastern time on January 12. Second, we will consider a work plan to progress development of Iridium NEXT material for DO-343, as approved by the PMC on December 16, 2014. Third, we will consider a work plan to progress cooperation with Eurocae WG-82, as approved by the PMC on December 16, 2014.
Establishment of Policy Regarding Aircraft Dispatcher Certification Courses
This notice announces the availability of additional supporting documents and an extension of the comment period for the proposed policy applicable to Aircraft Dispatcher Certification Courses, which was published in this docket on October 22, 2014.
Airworthiness Directives; International Aero Engines AG Turbofan Engines
We propose to supersede airworthiness directive (AD) 2012-09- 09 that applies to all International Aero Engines AG (IAE) V2500-A1, V2525-D5, and V2528-D5 turbofan engines, and certain serial numbers (S/ Ns) of IAE V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530- A5, and V2533-A5 turbofan engines. AD 2012-09-09 currently requires cleaning, eddy current inspection (ECI) or fluorescent penetrant inspection (FPI), and initial and repetitive ultrasonic inspections (USIs) of certain high-pressure compressor (HPC) stage 3 to 8 drums, as well as replacement of the drum attachment nuts. Since we issued AD 2012-09-09, we discovered that additional attachment nuts for certain HPC stage 3 to 8 drums are affected. This proposed AD would expand the affected population for initial and repetitive USIs of the HPC stage 3 to 8 drum, revise the inspection intervals, require removal of the affected attachment nuts and any HPC stage 3 to 8 drum found cracked, and require a mandatory terminating action. We are proposing this AD to prevent failure of the HPC stage 3 to 8 drum, which could result in uncontained drum failure, damage to the engine, and damage to the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-300, 747-400, 747-400D, and 747SR series airplanes. This AD was prompted by a report of a cracked reveal made from a casting found within a group of airplanes that should have machined reveals made only from 6061 aluminum. This AD requires an inspection to determine the material of the number 3 main entry door (MED) corner reveal, repetitive inspections of certain reveals for cracking, and corrective action if necessary. This AD also requires repetitive inspections for cracking of 6061 machined aluminum one-piece corner reveals, and replacement with 6061 machined aluminum two-piece corner reveals if necessary, which terminates certain repetitive inspections. We are issuing this AD to detect and correct fatigue cracking of the lower forward corner reveal of the number 3 MEDs, which could lead to the door escape slide departing the airplane when the door is opened and the slide is deployed, and consequent injuries to passengers and crew using the door escape slide during an emergency evacuation.
Airworthiness Directives; The Boeing Company Airplanes
We are superseding Airworthiness Directive (AD) 97-11-07 and AD 99-18-23, which apply to all The Boeing Company Model MD-90-30 airplanes. AD 97-11-07 and AD 99-18-23 required revising the Airworthiness Limitations Section (ALS) of the Instructions for Continued Airworthiness to incorporate certain compliance times for principal structural element (PSE) inspections and replacement times for safe-life limited parts. This new AD also requires revising the maintenance or inspection program to incorporate a new PSE requirement for the rear spar caps of the horizontal stabilizer and its associated inspections, which would terminate certain inspections of the horizontal stabilizer rear spar. This AD was prompted by an analysis of data that identified a need to introduce a new PSE requirement for the rear spar caps of the horizontal stabilizer. We are issuing this AD to detect and correct fatigue cracking of PSEs and certain safe-life limited parts, which could adversely affect the structural integrity of the airplane.
Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2015
This rule maintains the rail equipment accident/incident monetary reporting threshold at $10,500 for railroad accidents/ incidents involving property damage that occur during calendar year (CY) 2015 that FRA's accident/incident reporting regulations require to be reported to the agency. FRA is maintaining the reporting threshold at the CY 2014 level because, in part, wage data for the second-quarter of 2014, (the data used to calculate the threshold) was abnormally high due to retroactive payment of wage increases resulting from labor contract agreements affecting several railroads. FRA believes that the data does not accurately reflect the changes in labor costs for the second-quarter of 2014 and leads to an overinflated threshold calculation for CY 2015. In addition, FRA is maintaining the monetary threshold for CY 2015 at the CY 2014 level while it reexamines the method for calculating the monetary threshold it last updated in 2005.
Reports, Forms, and Record Keeping Requirements
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 will be forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden.
ET-Plus Guardrail End Terminal
The purpose of this notice is to request data and information regarding the ET-Plus guardrail end terminal (ET-Plus) manufactured by Trinity Industries, Inc. (Trinity). In 2005, the FHWA determined that ET-Plus guardrail end terminal met the relevant crash test criteria and therefore was eligible for Federal-aid highway funding. This fall, a jury issued a verdict that Trinity made a false or fraudulent claim to FHWA when it sought the eligibility determination for the ET-Plus. Additionally, a number of parties have raised concerns about the in- service performance of the ET-Plus and the potential variability in the dimensions of installed units of the ET-Plus. As a result, FHWA is undertaking a number of efforts to assess these issues. The FHWA is seeking technical information and data to assist in this work.
Airworthiness Directives; Alpha Aviation Concept Limited Airplanes
We are adopting a new airworthiness directive (AD) for Alpha Aviation Concept Limited Model R2160 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 paint adherence defects inside the engine air intake box and cohesion defects inside the laminated ducting from the filter to the air intake box. We are issuing this AD to require actions to address the unsafe condition on these products.
Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2015
This notice of determination provides the FRA Administrator's minimum annual random drug and alcohol testing rates for calendar year 2015. According to data from FRA's Management Information System, the rail industry's random drug testing positive rate has remained below 1.0 percent for the last two years. FRA's Administrator has therefore determined that the minimum annual random drug testing rate for the period January 1, 2015 through December 31, 2015, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2015 through December 31, 2015. Railroads remain free, as always, to conduct random testing at higher rates.
Notice of Sky King, Inc. To Resume Operations
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Sky King, Inc., a U.S. citizen and fit, willing, and able to resume interstate and foreign charter air transportation of persons, property, and mail.
Notice of Proposed Buy America Waiver for Track Turnout Components
The Federal Transit Administration (FTA) is providing notice of a request from the New York Metropolitan Transportation Authority's Long Island Rail Road (LIRR) to waive Buy America requirements for the purchase of components of high-speed track turnouts that do not meet FTA's Buy America requirements. The LIRR submitted the request in connection with three projects: (1) LIRR's 2015 State of Good Repair Program; (2) the East Side Access Project; and (3) LIRR's Jamaica Capacity Improvement Project. Pursuant to 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and is seeking public comment before deciding whether to grant the request. If granted, the waiver would apply only to the FTA-funded procurements in LIRR's 2015 State of Good Repair Program, the East Side Access Project, and LIRR's Jamaica Capacity Improvement Project, and only to the procurement of componentsthe turnouts will be manufactured in the United States. This proposed Buy America waiver does not include the turnout components for the Northeast Corridor Congestion Relief Project at Harold Interlocking, which is being addressed in a separate waiver request published by the Federal Railroad Administration (FRA), as FRA funds are being used for that project.
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