Department of Transportation 2014 – Federal Register Recent Federal Regulation Documents

This rule amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

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 a proposed highway project, the Monroe Connector Bypass, a controlled-access toll road extending from US 74 near I-485 in Mecklenburg County to US 74 between the towns of Wingate and Marshville in Union County, North Carolina. Those actions grant licenses, permits, and approvals for the project.

PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is amending requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication ``Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1.'' The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.

The Federal Aviation Administration is considering a proposal to release approximately 1.0 acres of airport property for non- aeronautical use at the Manchester Regional Airport, Manchester, NH. The acre released is currently used as a buffer zone to adjacent wetlands and would be exchanged for approximately 4.3 acres of land that would be used for the same purpose. The FAA invites public comment on this proposal.

This notice rescinds the Notice of Intent for preparing an Environmental Impact Statement (EIS) for a proposed highway in Lancaster County, Pennsylvania. The project study area includes PA 23 Sub corridor in Earl Township, East Earl Township, East Lamepeter Township, Manheim Township, Upper Leacock Township, and New Holland Borough, Lancaster County, Pennsylvania. The original Notice of Intent for this EIS process was published in the Federal Register on September 22, 1999.

This action proposes to remove restricted area R-4403 Gainesville, MS, and replace it with an expanded area that would be redesignated as R-4403A, B, C, D, E and F, Stennis Space Center, MS. The expanded restricted airspace would be used to support mission requirements of the National Aeronautics and Space Administration (NASA) and the Naval Special Warfare Command (NSWC).

FMCSA revises its regulatory guidance concerning records of duty status (RODS) generated by logging software programs on laptop computers, tablets, and smartphones. These logging software programs are used by certain drivers to help them prepare RODS, but the computers, tablets, and smartphones with such software do not meet FMCSA's requirements for automatic on-board recording devices (AOBRDs). The revision of the guidance clarifies the relationship between the Agency's policy concerning the use of logging software programs and the Agency's January 4, 2011, regulatory guidance concerning electronic signatures by removing the requirement that drivers print and sign paper copies of RODS generated through such logging software, provided the driver is able to sign the RODS electronically at the end of each work day and display the electronic record at the roadside. This guidance provides the motor carrier industry, and Federal, State, and local motor carrier enforcement officials with uniform information regarding computer software and devices used by drivers to assist them with hours-of-service (HOS) recordkeeping. All prior Agency interpretations and regulatory guidance, including memoranda and letters, are rescinded to the extent they are inconsistent with this guidance.

We are superseding Airworthiness Directive (AD) 2014-03-06 for all the Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 2014-03-06 required repetitive inspections for cracking of the aft support fitting for the main landing gear (MLG) beam, and the rear spar upper chord and rear spar web in the area of rear spar station (RSS) 224.14; and repair if necessary. This AD clarifies two paragraph references. This AD was prompted by a determination that two paragraph references were in error. We are issuing this AD to detect and correct cracking of the aft support fitting for the main landing gear (MLG) beam, and the rear spar upper chord and rear spar web in the area of rear spar station (RSS) 224.14, which could grow and result in a fuel leak and possible fire.

This action amends the time of designation for restricted area R-3002G at Fort Benning, GA, by removing the words ``local time'' and adding the words ``Eastern time'' to the published time of designation. The majority of the R-3002 complex (i.e., R-3002A through F) lies within the Eastern time zone. However, R-3002G is a small segment that is in the Central time zone. Since the Eastern time zone is predominant and is used for scheduling activities in the entire complex, the time of designation for R-3002G is amended to avoid confusion.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-400 and 747-400F series airplanes. This proposed AD was prompted by reports of cracking in the main equipment center (MEC) drip shield and exhaust plenum. This proposed AD would require installing a fiberglass reinforcing overcoat on the MEC drip shield. We are proposing this AD to prevent water penetration into the MEC, which could result in an electrical short and potential loss of several functions essential for safe flight.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 767 airplanes. This proposed AD was prompted by a report of a rotary actuator for the trailing edge (TE) flap that had slipped relative to its mating reaction ring, which is attached to the flap support rib. This proposed AD would require repetitive inspections for corrosion of the fixed ring gear and reaction ring splines of the rotary actuator assembly for each support position, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct reaction ring gears and rotary actuator gears from becoming disengaged with flaps extended and causing an uncommanded roll due to flap blowback, overload, or flap departure from the airplane, which could compromise safe flight and landing of the airplane.

We propose to supersede Airworthiness Directive (AD) 2005-14- 07, which applies to certain The Boeing Company Model 727, 727C, 727- 100, 727-100C, 727-200, and 727-200F series airplanes. AD 2005-14-07 currently requires repetitive inspections of the carriage attach fittings on the inboard and outboard foreflaps of each wing for cracking and other discrepancies, and corrective actions if necessary. Since we issued AD 2005-14-07, we received a report of broken inboard and outboard carriage attach fittings of the outboard foreflaps found during an inspection. This proposed AD would reduce certain repetitive inspection intervals for the inboard and outboard carriage attach fittings for the outboard foreflaps, require previously optional terminating actions which install improved outboard foreflap carriage attach fittings, and add new initial and repetitive inspections of those fittings and corrective actions if necessary. We are proposing this AD to detect and correct fatigue cracking of the attach fittings of the foreflap carriage of the wings, which could result in partial or complete loss of the foreflap and consequent loss of controllability of the airplane.

This final rule amends NHTSA regulations to include a new exemption relating to the Federal motor vehicle safety standard for ejection mitigation, and to correct a reference regarding the standard for lamps, reflective devices and associated equipment. The exemptions facilitate the mobility of physically disabled drivers and passengers.

FMCSA announces its decision to grant the Commonwealth of Virginia Department of Motor Vehicles (Virginia DMV) and all other State Driver Licensing Agencies (SDLAs) a limited exemption from the commercial driver's license (CDL) regulation. The exemption will allow SDLAs to extend to one year the 90-day timeline specified in 49 CFR 383.77(b)(1), thus enabling them to waive the CDL skills test described in 49 CFR 383.113 for up to a year after separation from military service for veterans regularly or previously employed in a military position requiring operation of a commercial motor vehicle (CMV).

FMCSA announces receipt of applications from 8 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.

FMCSA announces that the Motor Carrier Safety Advisory Committee's subcommittee on the U.S.-Mexico Cross Border Long Haul Trucking Pilot Program will meet on Monday, July 28, 2014. The meeting is open to the public and there will be a 15-minute public comment period at the end of the day.

FMCSA announces receipt of applications from 52 individuals for exemption from the vision requirement for operating a commercial motor vehicle (CMV) in the Federal Motor Carrier Safety Regulations. The applicants are unable to meet the vision requirement in one eye for various reasons. The exemptions will allow these individuals to operate CMVs in interstate commerce without meeting the prescribed vision requirement in one eye. At the end of the comment period, the Agency will grant exemptions to the applicants listed herein if there are no adverse comments that indicate the driver's ability will not achieve a level of safety equivalent to or greater than the level of safety that would be obtained by complying with the regulations. All comments will be reviewed and evaluated by FMCSA. Some individuals appearing in this notice may not receive exemptions based on comments received during the comment period. Individuals not granted an exemption may either be published at a future date based on further evaluation or may not be deemed to meet the aforementioned level of safety if granted an exemption. These individuals will be published in a quarterly notice of exemption denials. As always, any adverse comments received after the exemption is granted will be evaluated, and if they indicate that the driver is not achieving a level of safety equivalent to or greater than the level of safety that would be obtained by complying with the regulation, the exemption will be revoked. When granted, the exemptions will allow these individuals with vision deficiencies in one eye to operate in interstate commerce.

The FAA is considering a proposal to change approximately 0.29 acres of airport land from aeronautical use to non-aeronautical use and to authorize the sale of airport property located at Cleveland Hopkins International, Cleveland, Ohio. The aforementioned land is not needed for aeronautical use. The property is located at the Cleveland Business Park (Phase-11) near the intersections of Cleveland Business Park Drive West, Springdale Avenue, and West 192th Street. Property is located northeast of the airport and outside the airport fence line. The 3 parcels totaling 0.29 acres were not included in a previous land release of approximately 48.38 acres, which was formalized in 2000 because they were not owned by the City of Cleveland. Subsequently the City of Cleveland acquired the 3 parcels. The parcels are not being used by the airport. The property will be sold for the development of the Cleveland Business Park.

The Federal Transit Administration (FTA) received a request for a waiver to permit the purchase of new waterjets that are non- compliant with Buy America requirements using FTA funding. The request is from the Golden Gate Bridge Highway & Transportation District (Golden Gate Bridge) for its M.V. Mendocini ferry vessel. In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver only would apply to a one-time FTA- funded procurement by Golden Gate Bridge.

This notice announces NHTSA's publication of a technical report evaluating the upgraded FMVSS No. 301. The report's title is: Evaluation of FMVSS No. 301, ``Fuel System Integrity,'' as Upgraded in 2005 to 2009.

The FAA proposes to amend certain airworthiness regulations for transport category airplanes by upgrading fire safety standards for one type of cargo compartment; establishing fire safety standards for a new type of cargo compartment; and updating related standards for fire extinguishers. The proposed rules are based on recommendations from the Aviation Rulemaking Advisory Committee (ARAC) and the National Transportation Safety Board (NTSB), and they address designs for which airworthiness directives have been issued by both the FAA and the French civil aviation authority, Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC). Adopting these proposals would eliminate regulatory differences between the airworthiness standards of the U.S. and the European Aviation Safety Agency (EASA), without affecting current industry design practices. These proposed changes would ensure an acceptable level of safety for these types of cargo compartments by standardizing certain requirements, concepts, and procedures.

Pursuant to the Paperwork Reduction Act and Office of Management and Budget (OMB) regulations, the Surface Transportation Board has obtained OMB approval for the collection of information adopted by the Board in Demurrage Liability, STB Ex Parte No. 707 (STB served April 14, 2014).

The Maritime Administration is updating its inventory of U.S.- flag launch barges. Additions, changes and comments to the list are requested. Launch barge information may be found at https:// www.marad.dot.gov/ships_shipping_landing_page/domestic_shippi ng/ launch_barge_program/Launch_Barge_Program.htm.