Department of Transportation February 2015 – Federal Register Recent Federal Regulation Documents
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Special Conditions: Bombardier Aerospace Incorporated, Models BD-500-1A10 and BD-500-1A11 Series Airplanes; Electronic Flight Control System: Pitch and Roll Limiting Functions
This action proposes special conditions 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 the fly-by-wire electronic flight control system (EFCS) that limits pitch- and roll-attitude functions to prevent the airplane from attaining certain pitch attitudes and roll angles. This system generates the actual surface commands that provide for stability augmentation and flight control for all three-airplane axes (longitudinal, lateral, and directional). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule amends, suspends, or removes 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule amends, suspends, or removes 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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.
Interim Safety Certification Training Program Provisions
This document announces interim safety certification training provisions for Federal and State Safety Oversight Agency personnel and their contractor support who conduct safety audits and examinations of public transportation systems not otherwise regulated by another Federal agency. This document also announces interim safety certification training provisions for public transportation agency personnel who are directly responsible for safety oversight of public transportation systems that receive Federal transit funding. Additionally, the document outlines voluntary, scalable training available to personnel of State Departments of Transportation and personnel directly responsible for safety oversight of urban and rural bus transit systems.
State Safety Oversight
This notice seeks public comment on proposed rules that would transform and strengthen State Safety Oversight (SSO) of rail fixed guideway public transportation systems. FTA will issue a final rule and response to comments following the close of the comment period. Once FTA issues a final rule, the agency will rescind its current regulations.
Risk Reduction Program
The Rail Safety Improvement Act of 2008 requires the development and implementation of railroad safety risk reduction programs. This NPRM proposes to implement this mandate by requiring each Class I railroad and each railroad with inadequate safety performance to develop and implement a Risk Reduction Program (RRP) to improve the safety of their operations. RRP is a comprehensive, system- oriented approach to safety that determines an operation's level of risk by identifying and analyzing applicable hazards and involves developing plans to mitigate, if not eliminate, that risk. Each RRP would be statutorily required to include a risk analysis and a technology implementation plan. An RRP would be implemented by a written RRP plan that has been submitted to FRA for review and approval. A railroad would be required to conduct an annual internal assessment of its RRP, and a railroad's RRP processes and procedures would be externally audited by FRA.
Airworthiness Directives; GROB-WERKE Airplanes
We propose to adopt a new airworthiness directive (AD) for certain GROB-WERKE Models G115EG and G120A airplanes that would supersede AD 2014-26-04. 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 a defective starter solenoid. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Aviation Rulemaking Advisory Committee; Meeting
The FAA is issuing this notice to advise the public of a meeting of the ARAC.
Special Conditions: Boeing Model 767-2C Series Airplanes; Airplane Electronic-System Security Protection From Unauthorized External Access
These special conditions are issued for Boeing Model 767-2C series airplanes. These airplanes, as modified by The Boeing Company, will have a novel or unusual design feature associated with airplane electronic-system security protection or isolation from unauthorized external access. 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.
Special Conditions: Boeing Model 767-2C Series Airplanes; Isolation or Protection of Airplane Electronic-System Security From Unauthorized Internal Access
These special conditions are issued for Boeing Model 767-2C series airplanes. These airplanes, as modified by The Boeing Company, will have a novel or unusual design feature associated with airplane electronic-system security protection or isolation from unauthorized internal access. 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.
Special Conditions: Gulfstream Model GVII Series Airplanes; Limit Pilot Forces for Side-Stick Controller
This action proposes special conditions for the Gulfstream Model GVII-G500 (GVII series) airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport- category airplanes. This design feature is associated with side-stick controllers that require limited pilot force because they are operated by one hand only. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed 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.
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, Interstate 5 from the cities of San Clemente to San Juan Capistrano in Orange County, California. Those actions grant licenses, permits, and approvals for the project.
Notice of Final 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, Interstate 5 from the cities of Mission Viejo and Lake Forest in the County of Orange, State of California. Those actions grant licenses, permits, and approvals for the project.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Airport Noise Compatibility Planning
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on December 4, 2014. The respondents are those airport operators voluntarily submitting noise exposure maps and noise compatibility programs to the FAA for review and approval.
Airworthiness Directives; Sikorsky Aircraft Corporation (Sikorsky) Helicopters
We are adopting a new airworthiness directive (AD) for certain Sikorsky Model S-76A, B, C, and D helicopters. This AD requires inspecting the tail rotor drive shaft (TDS) flange-to-shaft attachment hardware for correct assembly and correct torque of the fasteners. If there is a discrepancy, this AD requires, before further flight, applying an index mark to the flange and TDS, inspecting the flange and shaft for a crack, fracture, wear, and certain measurements, and replacing any part that does not meet the approved criteria before further flight. This AD is prompted by a partial loss of tail rotor drive resulting in a forced landing. The actions specified by this AD are intended to prevent failure at the flange-to-shaft attachment, loss of a tail rotor drive, and subsequent loss of control of the helicopter.
FAA Approval of Noise Compatibility Program; Westover Metropolitan Airport, Chicopee, Massachusetts
The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program submitted by the Westover Metropolitan Development Authority under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979. On September 25, 2014, the FAA determined the noise exposure maps submitted by the Westover Metropolitan Development Corporation under Part 150 were in compliance with applicable requirements. On February 6, 2015 the New England Region Airports Division Manager approved the Noise Compatibility Program.
Permanent Closure of Diego Jimenez Torres Airport, Fajardo, Puerto Rico
The Federal Aviation Administration (FAA) received written notice, dated January 21, 2015, from Puerto Rico Ports Authority (PRPA) advising that on April 30, 2015, it will permanently close Diego Jimenez Torres Airport (X95), Fajardo, Puerto Rico; the notice was in excess of 30 days before the closure in accordance with 49 U.S.C. 46319(a). The FAA hereby publishes PRPA's notice of permanent closure Diego Jimenez Torres Airport in accordance with 49 U.S.C. 46319(b).
Petition for Exemption; Summary of Petition Received; AIG PC Global Services, Inc.
This notice contains a summary of a petition seeking relief from specified requirements of Title 14 of the Code of Federal Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. 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.
Petition for Exemption; Summary of Petition Received; Elevated Perspective Media
This notice contains a summary of a petition seeking relief from specified requirements of Title 14 of the Code of Federal Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. 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.
Agency Information Collection Activities: Notice of Request for Renewal of Two Previously Approved Information Collection
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew two information collections, which are summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Notice of Buy America Waiver
This notice provides NHTSA's finding with respect to a request to waive the requirement of Buy America from the Traffic Safety Office (TSO) of the Ohio Department of Public Safety. NHTSA finds that a non- availability waiver of the Buy America requirement is appropriate for the purchase of printers using Federal highway traffic safety grant funds because there are no suitable products produced in the United States.
Notice of Buy America Waiver
This notice provides NHTSA's finding with respect to three requests from the North Carolina Department of Transportation, Governor's Highway Safety Program (NCGHSP) to waive the Buy America requirement. NHTSA finds that a non-availability waiver of the Buy America requirement is inappropriate for the purchase of seven different models of child safety seats because there are comparable products produced in the United States. In addition, NHTSA finds that a non-availability waiver is appropriate for NCGHSP to purchase e- citation printers, and HP printer cartridges and imaging drums because there are no comparable products produced domestically.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This proposed AD was prompted by reports of fatigue cracking found at the left-side and right-side upper frame, at a certain area. This proposed AD would require repetitive medium frequency eddy current (MFEC) inspections for cracking of the left-side and right-side upper frame, and repair (including open hole high frequency eddy current (HFEC) inspections for cracking of fastener holes) if necessary. This proposed AD also provides an optional preventative modification which would terminate the repetitive inspections at the modified location. We are proposing this AD to detect and correct fatigue cracking, which if not corrected, can grow in size and result in a severed frame, which could lead to rapid decompression and reduced structural integrity of the airplane.
Airworthiness Directives; Bell Helicopter Textron Inc. Helicopters
We are adopting a new airworthiness directive (AD) for Bell Helicopter Textron Inc. (Bell) Model 412 and 412EP helicopters with certain static inverters (inverters) installed. This AD requires revising the Rotorcraft Flight Manual (RFM) and installing a placard in full view of the pilot to limit flight to visual flight rules (VFR) only and prohibit night operations. This AD is prompted by failures of certain inverters, most of which resulted in smoke in the cockpit. The actions specified by this AD are intended to restrict flight to VFR only and prohibit night operations to allow safe operation in the event of failure of an affected inverter. This failure would increase pilot workload during instrument flight rules (IFR) and could result in loss of certain pilot information displays and subsequent loss of control of the helicopter.
Airworthiness Directives; CFM International S.A. Turbofan Engines
We are adopting a new airworthiness directive (AD) for all CFM International S.A. (CFM) CFM56-7B series turbofan engines. This AD was prompted by a dual engine thrust instability event that resulted in the overspeed and in-flight shutdown (IFSD) of one engine. This AD requires modification of the engine by removing full authority digital engine control (FADEC) software, version 7.B.V4 or earlier, installed in the electronic engine controls (EECs) on CFM56-7B engines. We are issuing this AD to prevent a thrust instability event, which could lead to overspeed and IFSD of one or more engines, loss of thrust control, damage to the engine, and damage to the airplane.
BNSF Railway Company-Temporary Trackage Rights Exemption-Union Pacific Railroad Company
Under 49 U.S.C. 10502, the Board revokes the class exemption as it pertains to the trackage rights described in Docket No. FD 35879 \1\ to permit the trackage rights to expire at midnight on October 31, 2015, in accordance with the agreement of the parties, subject to the employee protective conditions set forth in Oregon Short Line RailroadAbandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
Buy America Waiver Notification
This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the obligation of Federal-aid funds for 75 State projects involving the acquisition of vehicles and equipment on the condition that they be assembled in the U.S.
Membership in the National Parks Overflights Advisory Group Aviation Rulemaking Committee
By Federal Register notice (See 79 FR 77594-77595, December 24, 2014) the National Park Service (NPS) and the Federal Aviation Administration (FAA) invited 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 notice invited interested persons to apply to fill two currently vacant seats representing environmental concerns and one future opening to represent Native American interests. This notice informs the public of the persons selected to fill these current and future vacancies.
Operation and Certification of Small Unmanned Aircraft Systems
The FAA is proposing to amend its regulations to adopt specific rules to allow the operation of small unmanned aircraft systems in the National Airspace System. These changes would address the operation of unmanned aircraft systems, certification of their operators, registration, and display of registration markings. The proposed rule would also find that airworthiness certification is not required for small unmanned aircraft system operations that would be subject to this proposed rule. Lastly, the proposed rule would prohibit model aircraft from endangering the safety of the National Airspace System.
Airworthiness Directives; the Boeing Company Airplanes
We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes. The NPRM proposed to require modifying the fuel quantity indication system (FQIS) wiring or fuel tank systems to prevent development of an ignition source inside the center fuel tank. The NPRM was prompted by fuel system reviews conducted by the manufacturer. This action revises the NPRM by revising the applicability, including optional actions for cargo airplanes, and extending the compliance time. We are proposing this supplemental NPRM (SNPRM) to prevent ignition sources inside the center fuel tank, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Since these actions significantly change the corrective action options for cargo airplanes relative to the proposal in the NPRM, and because the cost estimate is significantly revised, we are reopening the comment period to allow the public the chance to comment on these proposed changes.
Airworthiness Directives; Rolls-Royce plc Turbofan Engines
We are adopting a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines. This AD requires inspection of the oil feed tube sealing sleeve and removal of those oil feed tube sealing sleeves that are affected by this AD. This AD was prompted by fractures of the high- pressure/intermediate-pressure (HP/IP) turbine support internal oil feed tube. We are issuing this AD to prevent failure of the HP/IP turbine support internal oil feed tube, which could result in uncontained engine failure and damage to the airplane.
Airworthiness Directives; Short Brothers & Harland Ltd. Airplanes
We are adopting a new airworthiness directive (AD) for Short Brothers & Harland Ltd. Model SC-7 Series 3 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 fatigue cracking, which could lead to structural failure of the nose landing gear (NLG). We are issuing this AD to require actions to address the unsafe condition on these products.
Hazardous Materials: Transportation of Lithium Batteries
PHMSA is extending for modes of transportation other than air the mandatory compliance date of a final rule published on August 6, 2014, under Docket No. HM-224F from February 6, 2015, until August 7, 2015. This extension is made in response to formal comments received from multiple stakeholders outlining challenges faced by the regulated community in fully implementing the provisions of the final rule by the February 6, 2015 mandatory compliance date.
Research and Development Program Forum
This notice is to advise interested persons that PHMSA will host a Research and Development Forum on Thursday, April 16, 2015, in Washington, DC. PHMSA will use the forum to present the results of recently completed research projects and to discuss current and future research projects. PHMSA will also be soliciting comments on new research projects which may be considered for inclusion in its strategic plan.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to exempt 24 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.
Asset Management Plan
The FHWA proposes to establish a process for the development of a State asset management plan in accordance with section 1106 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), to improve or preserve the condition of the assets and the performance of the National Highway System (NHS) as they relate to physical assets. In this document ``asset management plan'' and ``risk-based asset management plan'' are used interchangeably. An asset management plan is a key management tool for highway infrastructure owners. State departments of transportation (State DOT) increasingly use asset management plans to make decisions about where and when to invest State and Federal funds in highway infrastructure improvements to achieve and sustain a desired state of good repair over the life cycle of the assets at minimum practicable cost. The development and implementation of an asset management plan also is an important part of the overall MAP-21 framework for enhancing the management and performance of transportation highway infrastructure funded through the Federal-aid highway program (FAHP). The asset management plan required by section 1106 of MAP-21 will provide States with critical data and identify investment and management strategies to improve or preserve the condition of the assets and the performance of the NHS. Under section 1106, the plan must include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the NHS in accordance with section 1203(a) of MAP-21, and supporting progress toward the achievement of the national goals identified in section 1203(a). While the primary purpose of this proposed rule is to address asset management plan requirements in section 1106, this proposed rule also would address other MAP-21 requirements that relate to asset management. The proposed rule defines the minimum standards that States would use in developing and operating highway bridge and pavement management systems as required by section 1203(a) of MAP-21. Also, this proposed rule would address the requirements in section 1315(b) of MAP- 21 by requiring States to conduct statewide evaluations to determine if reasonable alternatives exist to roads, highways, or bridges that repeatedly require repair and reconstruction activities from emergency events. The proposed rule would require State DOTs to take these evaluations into account in their asset management plans for facilities that are included in the plans.
Actions on Special Permit Applications
In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, Subpart B), notice is hereby given of the actions on special permits applications in (October to October 2014). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.
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