Department of Transportation May 2015 – Federal Register Recent Federal Regulation Documents

FMCSA adopts regulations governing the lease and interchange of passenger-carrying commercial motor vehicles (CMVs) to: Identify the motor carrier operating a passenger-carrying CMV that is responsible for compliance with the Federal Motor Carrier Safety Regulations (FMCSRs); and ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and drivers. This action is necessary to ensure that unsafe passenger carriers cannot evade FMCSA oversight and enforcement by entering into a questionable lease arrangement to operate under the authority of another carrier that exercises no actual control over those operations. This rule will enable the FMCSA, the National Transportation Safety Board (NTSB), and our Federal and State partners to identify motor carriers transporting passengers in interstate commerce and correctly assign responsibility to these entities for regulatory violations during inspections, compliance investigations, and crash investigations. It also provides the general public with the means to identify the responsible motor carrier at the time transportation services are provided.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at ChehalisCentralia Airport, Chehalis, WA, to enhance the safety and management of Instrument Flight Rules (IFR) operations for Standard Instrument Approach Procedures (SIAPs) at the airport.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Southwest Washington Regional Airport, Kelso, WA, to enhance the safety and management of Instrument Flight Rules (IFR) operations for Standard Instrument Approach Procedures (SIAPs) at the airport.

Currently, an application for a license or experimental permit, or for a safety approval must be submitted to the FAA in paper form. This rule will make the application process more flexible and efficient by providing applicants with an option to submit these applications to the FAA electronically (either via email or on an electronic storage device) rather than submitting a paper application.

We are superseding Airworthiness Directive (AD) 2012-09-09 for 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 required 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. This new AD expands the affected population for initial and repetitive USIs of the HPC stage 3 to 8 drum, revises the inspection intervals, requires performing ECI or FPI, requires removal of the affected attachment nuts and any HPC stage 3 to 8 drum found cracked, and adds a mandatory terminating action. This AD was prompted by the discovery that additional attachment nuts for certain HPC stage 3 to 8 drums are affected. We are issuing 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.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting the information collection request (ICR) below for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking an extension of the following currently approved information collection activities. On April 27, 2015, FRA published in the Federal Register its Safety Advisory titled Mechanical Inspections and Wheel Impact Load Detector Standards for Trains Transporting Large Amounts of Class 3 Flammable Liquids (FRA Safety Advisory 2015-01). See 80 FR 23318. The information collection activities associated with FRA Safety Advisory 2015-01 received a six- month emergency approval from OMB on April 30, 2015. FRA seeks a regular clearance (extension of the current approval for three years) to continue this effort to enhance the mechanical safety of tank cars in high hazard flammable trains transporting large quantities of Class 3 flammable liquids. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

The Federal Aviation Administration (FAA) is hosting an industry day to introduce the Four Dimensional Trajectory Demonstration (4DT) project to the aviation community and to provide detailed instructions on how the community may participate in project activities.

This action amends Class E Airspace at Eufaula, AL as the Eufaula VORTAC has been decommissioned, requiring airspace redesign at Weedon Field Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport.

This action corrects an error in the title of a final rule published in the Federal Register on May 1, 2015, amending Class D Airspace at William P. Gwinn Airport, Jupiter, FL. It should read Class D Airspace, not Class E Airspace, and the word Proposed is removed.

The FAA is issuing this notice to advise the public of the fifteenth meeting of the RTCA NextGen Advisory Committee.

In order to organize and prioritize vehicle manufacturer's recall and remedy programs to address defective Takata frontal air bag inflators, the National Highway Traffic Safety Administration (``NHTSA'') is providing notice of NHTSA's intent to open proceedings pursuant to its authority under 49 U.S.C. 30120(c)(3) and other authority. NHTSA is considering implementing these remedy programs for all manufacturers and suppliers involved in the recalls of defective Takata air bag inflators. This notice explains NHTSA's authority to open such a proceeding and describes some of the issues that the agency would consider, and information the agency would request from commenters, as part of such a proceeding.

This rule updates the regulations governing the procurement, management, and administration of engineering and design related services directly related to a highway construction project and reimbursed with Federal-aid highway program (FAHP) funding. In issuing the final rule, FHWA revises the regulations to conform to changes in legislation and other applicable regulations [including the DOT's recent adoption of the revised ``Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,'' and removal of outdated references] and addresses certain findings and recommendations for the oversight of consultant services contained in national review and audit reports.

Under the provisions of Title 49, U.S.C. Section 47153(d), notice is being given that the FAA is considering a request from Fergus County, MT, and the City of Lewistown, MT, to waive the surplus property requirements for approximately 5.82 acres of airport property located at Lewistown Municipal Airport, in Lewistown, MT. Approximately 3.43 acres of the subject parcel is currently part of the right of way for West Main Street. An additional 0.84 acres is proposed for right of way along West Main Street, and 1.55 acres is proposed for right of way along Airport Road. These portions of the subject parcel are currently vacant. It has been determined through study and master planning that the subject parcel will not be needed for aeronautical purposes. The proceeds of the sale will be used exclusively for developing, improving, operating, or maintaining the Lewistown Municipal Airport.

FRA is issuing this notice to advise the public that it intends to grant the Long Island Rail Road (LIRR), a subsidiary of the Metropolitan Transportation Authority, a waiver from FRA's Buy America requirement under 49 U.S.C. 24405(a)(2)(B) for the purchase of seven (7) turnouts manufactured by VAE Nortrak North America, Inc. at its plant in Birmingham, Alabama, for use in the LIRR North East Corridor Congestion Relief Project at Harold Interlocking. The turnouts will contain four components (ZU1-60 steel left and right switch point rail sections and Schwihag roller assemblies and plates) not produced in the U.S. The roller assemblies and plates are manufactured in Switzerland, and the ZUl-60 steel switch point rail sections are manufactured in Austria. The foreign material comprises approximately 11.9 percent of the turnouts' $3.1 million cost or approximately $367,000. FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60 steel switch point rail sections and roller assemblies and plates because domestically-produced components meeting the specific needs of LIRR are not currently ``produced in sufficient and reasonably available amount or are not of a satisfactory quality.''

The FAA is withdrawing a previously published document granting special conditions for the Cirrus Design Corporation model SF50 airplane. We are withdrawing Special Condition No. 23-246-SC through mutual agreement with Cirrus Design Corporation.

PHMSA is proposing to amend the natural and other gas pipeline safety regulations (49 CFR part 192) to address regulatory requirements involving plastic piping systems used in gas services. These proposed amendments are intended to correct errors, address inconsistencies, and respond to petitions for rulemaking. The requirements in several subject matter areas are affected, including incorporation of tracking and traceability provisions; design factor for polyethylene (PE) pipe; more stringent mechanical fitting requirements; updated and additional regulations for risers; expanded use of Polyamide-11 (PA-11) thermoplastic pipe; incorporation of newer Polyamide-12 (PA-12) thermoplastic pipe; and incorporation of updated and additional standards for fittings.

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.

This action proposes to amend Class E airspace at Tekamah Municipal Airport, Tekamah, NE. A Class E extension is no longer required due to the decommissioning of the Tekamah VHF Omni-directional radio range (VOR) facility and its associated standard instrument approach procedures (SIAPs). This would enhance the safety and management of instrument flight rules (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for certain Turbomeca S.A. Arrius 2F turboshaft engines with a certain part number oil pump installed. This proposed AD was prompted by cases of deterioration of the gas generator front bearing due to a link loss between the pump driver and the oil pump shaft. This proposed AD would require inspection, and if necessary, replacement before further flight of the oil pump driver assembly and/or the oil pump shaft, or the oil pump itself. We are proposing this AD to prevent link loss between the pump driver and the oil pump shaft, which could lead to an engine in- flight shutdown, forced landing, and damage to the helicopter.

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.

This document sets forth an interpretation of the definition of ``motor vehicle equipment'' in the United States Code, as amended by the Moving Ahead for Progress in the 21st Century (MAP-21) Act, and requests comments on two proposed changes to the motorcycle helmet safety standard, Federal Motor Vehicle Safety Standard (FMVSS) No. 218. Continued high levels of motorcycle related fatalities, the ongoing use of novelty helmets by motorcyclists and the poor performance of these helmets in tests and crashes have prompted the agency to clarify the status of such helmets under federal law to ensure that all relevant legal requirements are readily enforceable. All helmets that are sold to, and worn on the highway by, motorcyclists and that, based on their design and/or other factors, have the apparent purpose of protecting highway users are motorcycle helmets subject to the jurisdiction and standard of the National Highway Traffic Safety Administration (``NHTSA'' or ``agency''). NHTSA is simultaneously proposing to amend its helmet standard, FMVSS No. 218. First, NHTSA is proposing to add a definition of ``motorcycle helmet.'' Second, we are proposing to modify the existing performance requirements of the standard by adding a set of dimensional and compression requirements. These requirements and the associated test procedures would identify those helmets whose physical characteristics indicate that they likely cannot meet the existing performance requirements of the standard. Third, we are incorporating an optional alternative compliance process for manufacturers whose helmets do not comply with the proposed dimensional and compression requirements, but do comply with the performance requirements and all other aspects of FMVSS No. 218. NHTSA will publish a list of helmets that have complied with the alternative compliance process and can therefore be certified by their manufacturers. This document is the result of the agency's assessment of other actions that could be taken to increase further the percentage of motorcyclists who wear helmets that comply with the helmet standard.

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Virginia Tech Transportation Institute's (VTTI) exemption application to allow the placement of camera-based data acquisition systems (DAS) at the bottom of windshields on commercial motor vehicles (CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) require antennas, transponders, and similar devices to be located not more than 6 inches below the upper edge of the windshield, outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. As part of a National Highway Traffic Safety Administration (NHTSA) research program, VTTI is coordinating development and installation of the DASs in up to 150 CMVs. The exemption will enable VTTI and NHTSA to conduct research on the reliability of collision avoidance systems for CMVs. FMCSA believes that mounting the DASs at the bottom of the windshield would maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 15 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The Surface Transportation Board (the Board) is commencing a proceeding to define ``on-time performance'' for purposes of Section 213 of the Passenger Rail Investment and Improvement Act of 2008.