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

We are superseding Airworthiness Directive (AD) 2008-06-18 for all Airbus 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); and Model A300 series airplanes. AD 2008- 06-18 required repetitive inspections for any cracking of the wing lower skin panel and associated internal support structure, and if necessary, corrective actions such as modifying the lower panel inboard of rib 9 aft of the rear spar and repairing cracks. This new AD continues to require actions required by AD 2008-06-18, and reduces certain compliance times. This AD was prompted by a report that information from an analysis and a fleet survey shows a need for reduced compliance times and intervals. We are issuing this AD to detect and correct cracking, which could lead to reduced structural integrity of the airplane.

We are revising an earlier proposed airworthiness directive (AD) for Bell Helicopter Textron Canada (Bell) Model 222, 222B, 222U, 230, and 430 helicopters, which proposed to require replacing certain servo actuators before further flight. The NPRM was prompted by a collective servo actuator malfunction. This action revises the NPRM by adding new actions. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

This notice announces an upcoming public briefing and the continued collection of comments regarding the technical reports for the Moving Ahead for Progress in the 21st Century Act (MAP-21) Comprehensive Truck Size and Weight Limits Study (CTSWLS). On June 5, 2015, DOT released the five technical reports to the public and to the National Academy of Sciences (NAS) for peer review.

In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need forand usefulness ofDOT requiring large certificated air carriers to file ``On-Time Flight Performance Reports'' and ``Mishandled-Baggage Reports'' pursuant to 14 CFR 234.4 and 234.6. These reports are used to monitor the quality of air service that larger air carriers provide to the flying public. The Federal Aviation Administration uses the On-Time Flight Performance Reports to identify problem areas within the air traffic control system.

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.

This action withdraws the NPRM published in the Federal Register on May 6, 2014, proposing to amend Class E Airspace in the State of Michigan. The FAA has determined that withdrawal of the NPRM is warranted as additional analysis is needed.

This action withdraws the NPRM published in the Federal Register on May 6, 2014 proposing to amend Class E airspace in the State of North Dakota. The FAA has determined that withdrawal of the NPRM is warranted as additional analysis is needed.

We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. This proposed AD was prompted by a design review, which revealed that no controlled bonding provisions are present on a number of critical locations outside the fuel tank. This proposed AD would require installing additional and improved fuel system bonding provisions, and revising the airplane maintenance or inspection program, as applicable, by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are proposing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A319-113, A319-114, A320-211, and A320-212 airplanes. This proposed AD was prompted by a report that the aft mount pylon bolts of the CFM56-5 engines may have been installed using the wrong torque values. This proposed AD would require identification of engines that were installed using the wrong torque values and re-torque of the four aft mount pylon bolts of those engines. We are proposing this AD to detect and correct improper torque of the aft mount pylon bolts, which, if combined with any maintenance damage, could lead to aft engine mount failure, possibly resulting in engine detachment and consequent reduced control of the airplane.

FRA is issuing Safety Advisory 2015-03 to stress to passenger railroads and railroads that host passenger service and their employees the importance of compliance with Federal regulations and applicable railroad rules governing applicable passenger train speed limits. This safety advisory makes recommendations to these railroads to ensure that compliance with applicable passenger train speed limits is addressed by appropriate railroad operating policies and procedures and signal systems.

FMCSA announces its decision to renew an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers transporting livestock. The Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (ATA) requested that the exemption, granted on behalf of several associations of agricultural transporters, be renewed to enable these drivers to continue to safeguard the health of certain livestock during long-haul deliveries by not having to take the rest break. The Agency has determined that it is appropriate to renew this exemption for a period of two years to ensure the well-being of the Nation's livestock during interstate transportation by CMV. The exemption, subject to the terms and conditions imposed, will likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

The FAA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for proposed improvements to the Norfolk International Airport (ORF). In October 2008, the Norfolk Airport Authority (NAA), owner and operator of ORF, prepared a Master Plan Update (MPU) to document changes occurring ``in Airport facilities and activity that have taken place since the 1995 Master Plan Update,'' to ``provide the Authority with a development plan for the Airport through 2024,'' and to address compliance shortfalls with published safety standards. Following the MPU, NAA prepared technical documents that focused on the potential construction of a replacement secondary runway. The first was the December 2008 Supplemental Technical Analyses for the Proposed Secondary Runway at Norfolk International Airport and the second was the December 2009 Justification for Proposed Runway 5R/23L. In 2008 NAA also developed an Airport Layout Plan (ALP) that evaluated and noted future development needs at ORF. The ALP included a Capital Improvement Program (CIP) for the Airport to address Federal Aviation Administration (FAA) design standards for the Airport's existing crosswind Runway 14/32. During its planning process, NAA explored a number of alternatives to meet FAA design standards while also providing the flexibility needed to operate without interruption during various conditions. These alternatives included the potential construction of a replacement secondary runway as well as improvements to the existing crosswind Runway 14/32. The FAA will evaluate and consider the Airport's MPU, ALP, and associated planning efforts when considering reasonable and feasible alternatives for the ORF EIS. Based on these previous planning efforts, the primary components of NAA's proposed project at ORF include: Decommissioning and demolition of Runway 14/32 Constructing a relocated secondary runway parallel to and separated by 876 feet from the existing Runway 5/23. The proposed Runway 5R/23L would be 6,500 feet long by 150 feet wide. The purpose of the proposed project is: To meet relevant FAA airfield safety standards and enhance airfield safety without reducing runway availability. Relevant airfield safety standards include: [cir] Runway Safety Area, which is designed to provide additional safety in the event an aircraft leaves the runway; [cir] Runway Protection Zone, which is area at ground level prior to the threshold or beyond the runway end to enhance the safety and protection of people and property on the ground; and [cir] Runway Object Free Area, which is designed to provide an area clear of objects surrounding a runway. To enhance operational efficiency and maintain airfield utility while considering surrounding airspace and ORF's critical design aircraft. To provide a safe, efficient southern vehicular access, on Airport property, to the Airport's terminal area. The proposed project is needed to address the following four primary areas of deficiency at ORF: Runway 14/32 does not meet the FAA design standards discussed above for several reasons, including, but not limited to, the location of Robin Hood Road and Lake Whitehurst near the Runway 14 end. The current airfield configuration limits operational efficiency, safety and flexibility due to secondary runway length and challenges in taxiing from the airfield layout. Provide a flexible two-runway airfield system for aircraft operators and air traffic controllers. Incremental changes over time have severely decreased ORF's ability to remain flexible with increasing airspace conflicts from surrounding military facilities. Robin Hood Road, the secondary (southern) access to the Airport, has safety and functional deficiencies. Specifically, several curves in the on-airport section of Robin Hood Road can be improved through a redesign of the roadway.

FMCSA announces its decision to grant C.R. England, Inc. (C.R. England) an exemption from the provisions in 49 CFR 383.25(a)(1) that require a commercial learner's permit (CLP) holder to be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle for C.R. England without being accompanied by a CDL holder in the front seat. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility that 49 CFR 383 provides for C.R. England's team drivers with CDLs. C.R. England believes that the exemption will allow these drivers to operate in a way that benefits the driver, the carrier, and the economy as a whole without any detriment to safety.

FMCSA denies an exemption application from the International Window Film Association (IWFA) to allow the use of glazing in the windows to the immediate right and left of the driver that does not meet the light transmission requirements specified in the Federal Motor Carrier Safety Regulations (FMCSR). The current rule permits windshields and side windows of commercial motor vehicles (CMVs) to be tinted as long as the light transmission is not restricted to less than 70 percent of normal. While IWFA contended that a reduction of light entering the truck cab interior can (1) significantly improve driver comfort, (2) reduce eye strain, and (3) reduce the heat load of the interior environment, thus making the driver more comfortable as well as lowering energy use for cooling, it failed to provide any evidence that motor carriers operating CMVs equipped with glazing that blocks more normal light than currently permitted will achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

McLaren Automotive, Inc. ``McLaren'' has determined that certain MY 2012-2015 McLaren MP4 12-C Spider and Coupe passenger vehicles do not fully comply with paragraph S4.4(c)(2), of Federal Motor Vehicle Safety Standard (FMVSS) No. 138, Tire Pressure Monitoring Systems. McLaren has filed an appropriate report dated February 18, 2014, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

Tireco, Inc., (Tireco) has determined that certain Tireco replacement tires do not fully comply with paragraph S6.5(b) 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. Tireco has filed an appropriate report dated March 30, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

BMW of North America, LLC, (BMW) a subsidiary of BMW AG in Munich, Germany, has determined that certain model year (MY) 2013 BMW 5 Series sedan passenger vehicles do not fully comply with paragraph S8.1.11 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. BMW has filed an appropriate report dated March 26, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.

We are revising an NPRM for SOCATA Model TBM 700 airplaness (type certificate previously held by EADS SOCATA) that was proposed to revise AD 2007-04-13. 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 cracks found on the main landing gear cylinders. This action revises the NPRM by including the actions against those airplanes that reach a certain number of landings after the effective date of the AD. We are proposing this supplemental NPRM (SNPRM) to correct the unsafe condition on these products. Since this action imposes an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on this proposed change.

FMCSA amends its Rulemaking Procedures by adding a new section establishing the standards and procedures that the Agency will use regarding the submission of certain confidential commercial or financial information that is referred to in this rule as ``confidential business information'' (CBI). This rule also sets forth the procedures for asserting a claim of confidentiality by parties who voluntarily submit CBI to the Agency in connection with a notice-and-comment rulemaking and in a manner consistent with the standards adopted in today's rule.

FMCSA announces its denial of 60 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. 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 exemptions does not provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 14 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.

These special conditions are issued for the CFM International (CFM), LEAP-1A and -1C engine models. These engine models will have a novel or unusual design feature associated with the engine fan blades new woven composite fan blades. 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.

In compliance with the Paperwork Reduction Act of 1995, Public law 104-13 (44 U.S.C. 3501 et seq) this notice announces the Information Collection Request on DOT Form OST 1250.1 Application for Transportation Internship, DOT Form OST 1250.1A Student Internship Evaluation, andDOT Form OST 1250.18 Internship Evaluation for this new DOT program. Executive Order 13506, (``EO 13506'') dated March 11, 2009, entitled ``Establishing a White House Council on Women and Girls''. EO 13506 requires Federal agencies to address issues that particularly impact the lives of women and girls and to ensure that Federal programs and policies address and take into account the distinctive concerns of women and girls, including women of color and those with disabilities. Furthermore, EO 13506 points specifically to the fact that women are still significantly underrepresented in the science, engineering, and technology fields. In response to EO 13506, DOT established the WITI. The WITI encourages women and girls to pursue careers in the science, technology, engineering, and mathematics fields and enter the transportation industry through outreach and the provision of transportation-related internship opportunities. The program is administered by the DOT OST Office of Small and Disadvantaged Business Utilization (OSDBU).

This action amends VOR Federal Airways V-31, V-36, V-98, V-164 and V-252 by removing from the route descriptions, those segments that extend into and/or through Canadian airspace. This action is necessary to match route changes made by Canada as part of the Windsor-Toronto- Montreal (W-T-M) project. The route segments in Canada are no longer in effect; therefore, the United States has issued Notices to Airmen (NOTAM) identifying the affected segments as ``not authorized'' pending the deletion of the segments from the route descriptions through this rulemaking action.

We propose to adopt a new airworthiness directive (AD) for MD Helicopters Inc. (MDHI) Model 500N and 600N helicopters with certain rotating cone assemblies installed. This proposed AD would require establishing a life limit of 10,000 hours time-in-service (TIS) on these rotating cone assemblies. This proposed AD is prompted by the determination that MDHI created rotating cone assemblies with new dash numbers but incorrectly failed to identify them as life-limited parts. The proposed actions are intended to prevent operation of rotating cone assemblies past their life limits, failure of the rotating cone assemblies, loss of directional control, and subsequent loss of control of the helicopter.