Department of Transportation March 31, 2015 – Federal Register Recent Federal Regulation Documents
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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.
Registration and Financial Security Requirements for Brokers of Property and Freight Forwarders; Association of Independent Property Brokers and Agents' Exemption Application
FMCSA denies an application from the Association of Independent Property Brokers and Agents (AIPBA) for an exemption for all property brokers and freight forwarders from the $75,000 bond provision included in section 32918 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), now codified in 49 U.S.C. 13906. AIPBA filed its request pursuant to 49 U.S.C. 13541 on August 14, 2013. On December 26, 2013, FMCSA published a notice in the Federal Register requesting comments from all interested parties on AIPBA's exemption application. After reviewing the public comments, the Agency has concluded that the exemption should be denied on the basis that 49 U.S.C.13541 does not give FMCSA the authority to essentially nullify a statutory provision by exempting the entire class of persons subject to the provision. Furthermore, even if the Agency had the authority to issue such a blanket exemption, AIPBA's exemption application does not meet the factors provided in section 13541 because (1) the new $75,000 bond requirement is necessary to carry out the National Transportation Policy at 49 U.S.C.13101, (2) there has been no showing that the $75,000 requirement ``is not needed to protect shippers from the abuse of market power'' and (3) the requested exemption is not in the public interest.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
FMCSA announces its decision to grant requests from 3 individuals for exemptions from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' 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. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these 3 individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.
Record of Decision To Adopt U.S. Air Force Final Environmental Impact Statement for the Powder River Training Complex
In accordance with Section 102 of the National Environmental Policy Act of 1969 (``NEPA''), the Council on Environmental Quality's (``CEQ'') regulations implementing NEPA (40 CFR parts 1500-1508), and other applicable authorities, including FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, paragraph 518h, and FAA Order JO 7400.2K, ``Procedures for Handling Airspace Matters,'' paragraph 32-2-3, the FAA has conducted an independent review and evaluation of the Air Force's Final Environmental Impact Statement (FEIS) for the proposed expansion of airspace for the Powder River Training Complex (PRTC), dated November 28, 2014. As a cooperating agency with responsibility for approving special use airspace under 49 U.S.C. 40103(b)(3)(A), the FAA provided subject matter expertise and closely coordinated with the Air Force during the environmental review process, including preparation of the Draft EIS and the FEIS. Based on its independent review and evaluation, the FAA has determined the FEIS, including its supporting documentation, as incorporated by reference, adequately assesses and discloses the environmental impacts of the proposed expansion of airspace for PRTC, and that adoption of the FEIS by the FAA is authorized under 40 CFR 1506.3, Adoption. Accordingly, the FAA adopts the FEIS, and takes full responsibility for the scope and content that addresses the proposed expansion of airspace for PRTC.
Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes
We propose to adopt a new airworthiness directive (AD) for all Gulfstream Aerospace Corporation Model GVI airplanes. This proposed AD was prompted by reports of corrosion on in-service air non-return valves. This proposed AD would require a revision to the Emergency Procedures section of the airplane flight manual (AFM). This proposed AD would also require a revision to the maintenance or inspection program, as applicable, to incorporate airworthiness limitations for the high pressure (HP) Stage 5 air non-return valves. We are proposing this AD to ensure the flightcrew is provided with procedures to mitigate the risks associated with failure of the HP Stage 5 air non- return valve. Failure of the HP Stage 5 air non-return valve in the open position could result in engine instability and uncommanded in- flight shutdown.
Transfer of Federally Assisted Facility
Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et. seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal agencies that the North Carolina Department of Transportation (NCDOT) intends to transfer the facility located at 274 Winkler's Creek Road, Boone, NC 28607, on behalf of a subrecipient, AppalCART, to Watauga County, NC. AppalCART, the transportation authority serving all of Watauga County, used the location as an administrative and maintenance facility from 1981-2013 (32 yrs). AppalCART can no longer use the property because construction on a new administrative and maintenance facility was completed in August 2013. Watauga County will be utilizing the property as a County maintenance department. Watauga County is charged with maintaining all county vehicles and facilities, including snow removal. This transfer would provide a number of benefits to the county and its residents. The site is more centrally located than the current location of the County maintenance department; the new location would allow quicker and more efficient dispatch of maintenance crews for snow removal and other services to County facilities. The interior space at this property will allow maintenance equipment and vehicles to be sheltered and maintained indoors, saving them from the wear currently experienced due to the harsh climate of the area. Also, the site and facilities have adequate space for other county usage, such as storage for other departments and a possible impound lot for the Sheriff's Office. The transfer will allow the property to be put to good use. The County has agreed to ensure that this use will be maintained for no less than five (5) years.
Notice of Intent To Prepare an Environmental Impact Statement for the GA 400 Transit Initiative in Fulton County, Georgia
The Federal Transit Administration (FTA) and the Metropolitan Atlanta Rapid Transit Authority (MARTA) issue this Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) and an evaluation per 49 U.S.C, 303 and 23 CFR 774 (``Section 4(f)'') for the extension of high capacity, rapid transit in the Georgia (GA) 400 corridor in north Fulton County, GA from Dunwoody to Alpharetta. The EIS and Section 4(f) Evaluation will be prepared in accordance with regulations implementing the National Environmental Policy Act (NEPA) and 40 CFR parts 1500 through 1508, Section 4(f), as well as FTA's regulations and guidance implementing NEPA (23 CFR 771). The purpose of this NOI is to: (1) Advise the public and agencies that MARTA in coordination with the FTA is preparing an EIS for the proposed project; (2) provide information including previous planning studies and decision, purpose and need, and alternatives being considered; and, (3) invite public and agency participation in the EIS process, which includes a review and written comments on the scope of the EIS.
Airworthiness Directives; Airbus Airplanes
We propose to supersede Airworthiness Directive (AD) 2013-13- 04, for certain Airbus Model A318, A319, A320, and A321 series airplanes. AD 2013-13-04 currently requires installing a power interruption protection circuit for the landing gear control interface unit (LGCIU). Since we issued AD 2013-13-04, we have determined that additional work is necessary to adequately address the identified unsafe condition. This proposed AD would require a new modification of any previously modified LGCIU. This proposed AD would also require revising the maintenance or inspection program to reduce a certain functional check interval. This proposed AD also adds airplanes to the applicability. We are proposing this AD to prevent untimely unlocking and/or retraction of the nose landing gear (NLG), which, while on the ground, could result in injury to ground personnel and damage to the airplane.
Airworthiness Directives; Airbus Airplanes
We propose to supersede Airworthiness Directive (AD) 2012-13- 06, for all Airbus Model A300 series airplanes and all Model A300 B4- 600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). AD 2012-13-06 currently requires a one-time detailed inspection to determine the length of the fire shut-off valve (FSOV) bonding leads and for contact or chafing of the wires, and corrective actions if necessary. Since we issued AD 2012-13-06, a determination was made that the description of the inspection area specified in the service information was misleading; therefore, some operators might have inspected incorrect bonding leads. This proposed AD would instead require a new one-time detailed inspection of the FSOV bonding leads to ensure that the correct bonding leads are inspected, and corrective action if necessary. We are proposing this AD to detect and correct contact or chafing of wires and the bonding leads, which, if not detected, could be a source of sparks in the wing trailing edge, and could lead to an uncontrolled engine fire. May 5, 2015.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and all Airbus Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by reports of cracks at certain frames of the forward cargo door. This proposed AD would require a detailed inspection for cracking of certain forward cargo doors, and repair if necessary. We are proposing this AD to detect and correct cracking at certain frames, which could result in the loss of structural integrity of the forward cargo door.
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