Department of Transportation October 2, 2015 – Federal Register Recent Federal Regulation Documents
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Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device (AOBRD) Information
FMCSA issues regulatory guidance concerning the editing of records created by automatic on-board recording devices (AOBRDs). The guidance makes clear that, within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information. The AOBRD must retain the original entries, and reflect the date, time, and name of the person making edits to the information. Drivers' supervisors may request that a driver make edits to correct errors, but the driver must accept or reject such requests. Driving time may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. All prior Agency interpretations and regulatory guidance on this subject, including memoranda and letters, may no longer be relied upon to the extent they are inconsistent with this guidance.
Hours of Service of Drivers: R&R Transportation Group; Application for Exemption
FMCSA announces its decision to grant the R&R Transportation Group (R&R) an exemption from the minimum 30-minute rest break requirement of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The exemption is available only to R&R's drivers engaged in the transportation of materials that by their nature must be attended, such as radioactive materials, pharmaceuticals, and ammunition. The exemption provides these drivers the same regulatory flexibility that the HOS regulations allow drivers transporting explosives, i.e., to use 30 minutes or more of on-duty attendance time to meet the HOS rest break requirements, provided they do not perform any other work during the break.
Notice of Opportunity for Public Comment on Surplus Property Release at Manchester-Boston Regional Airport in Manchester, NH
Under the provisions of Title 49, U.S.C. Section 47153(d), notice is being given that the FAA is considering a request from Manchester-Boston Regional Airport in Manchester, NH to waive the surplus property requirements for approximately 16.90 acres of airport property located at Manchester-Boston Regional Airport in Manchester, NH. The subject parcel is currently undeveloped and has been identified for commercial development on the current Airport Layout Plan. The airport will retain the land to generate a long term lease revenue for the airport and thus, is requesting a release to change the property from aeronautical use to non-aeronautical use. It has been determined through study and master planning that the subject parcel will not be needed for aeronautical purposes is not contiguous to the airport proper. Full and permanent relief of the surplus property requirements on this parcel will allow the airport to generate long term revenue through lease of the land. All lease revenue will continue to be subject to the FAAs revenue-use policy and dedicated to the maintenance and operation of the Manchester-Boston Regional Airport.
Notice of Opportunity for Public Comment on Surplus Property Release at Brunswick Executive Airport in Brunswick, ME
Under the provisions of Title 49, U.S.C. Section 47153(d), notice is being given that the FAA is considering a request from the Midcoast Regional Redevelopment Authority in Brunswick ME to waive the surplus property requirements for approximately 12.07 acres of airport property located at Brunswick Executive Airport in Brunswick, ME. The subject parcel is currently undeveloped and has been identified for commercial development on the current Airport Layout Plan. The airport will retain the land to generate long term lease revenue for the airport and thus, is requesting a release to change the property from aeronautical use to non-aeronautical use. It has been determined through study and master planning that the subject parcel will not be needed for aeronautical purposes is not contiguous to the airport proper. Full and permanent relief of the surplus property requirements on this parcel will allow the airport to generate long term revenue through lease of the land. All lease revenue will continue to be subject to the FAAs revenue-use policy and dedicated to the maintenance and operation of the Brunswick Executive Airport.
Petition for Exemption; Summary of Petition Received; the Goodwyn Group
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.
Notice To Amend Federal Grant Assurance Obligations at Elko Regional Airport (EKO), Elko, Nevada
The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a land-use change authorization effecting approximately 12.2 acres of airport property at the Elko Regional Airport, Elko, Nevada which will provide for an amendment of the Grant Agreement Assurance obligation that requires use of airport land for aeronautical purposes. Since the City of Elko, sponsor of the Elko Regional Airport, acquired the land in 1930, the property does not have an aeronautical purpose or planned to be used for an aeronautical purpose. The land-use change will authorize the release of the aeronautical-use obligation from the Grant Assurance Agreement for a proposed long term non-aeronautical commercial development. The 12.2 acres of airport land is identified as ``future commercial'' on the FAA conditionally approved Airport Layout Plan (ALP). The approximately 12.2 acres of airport property is currently zoned as ``light industrial business park'' and the land is proposed for retail mall development. The proposed developer will pay the costs to develop, manage, and improve the property for non-aeronautical commercial businesses. The City of Elko will lease the land at fair market value (FMV) to earn revenue for the airport thereby benefiting the airport and serving the interest of civil aviation. The proposed use will be compatible with the airport and will not interfere with the airport or its operation.
Bridgestone Americas Tire Operations, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
Bridgestone Americas Tire Operations, LLC (BATO), has determined that certain Bridgestone bus tires do not fully comply with paragraph S6.5(e) 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. BATO has filed an appropriate report dated July 7, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports.
Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws
This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act of 2002). It is an annual obligation for Federal agencies to notify all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Antidiscrimination and Whistleblower Protection Laws.
Aviation Maintenance Technician Schools
The FAA proposes to amend the regulations governing the curriculum and operations of FAA-certificated Aviation Maintenance Technician Schools. These amendments would modernize and reorganize the required curriculum subjects in the appendices of the current regulations. They would also remove the course content items currently located in the appendices and require that they be placed in each school's operations specifications so they could more easily be amended when necessary. The amendments are needed because the existing curriculums are outdated, do not meet current industry needs, and can be changed only through notice and comment rulemaking. These amendments would ensure that aviation maintenance technician students receive up- to-date foundational training to meet the demanding and consistently changing needs of the aviation industry.
Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes
We are adopting a new airworthiness directive (AD) for certain Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 188 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the upper and lower wing skin planks at the attachment of the main landing gear (MLG) ribs at certain wing-stations are subject to widespread fatigue damage (WFD). This AD requires an inspection (for cracking) and modification of the chordwise fastener rows of the upper and lower wing planks at the attachments to the MLG ribs at certain wing-stations. We are issuing this AD to prevent fatigue cracking of the upper and lower wing skin planks at the attachment of the MLG ribs, which could result in failure of the wing.
Airworthiness Directives; CFM International S.A. Turbofan Engines
We propose to adopt a new airworthiness directive (AD) for certain CFM International S.A. (CFM) CFM56-5B series turbofan engines. This proposed AD was prompted by a corrected lifing analysis by the engine manufacturer that shows the need to identify an initial and repetitive inspection threshold for certain part number (P/N) turbine rear frames (TRFs). This proposed AD would require initial and repetitive inspections of certain P/N TRFs on the low-pressure turbine (LPT) frame assembly. We are proposing this AD to prevent failure of the TRF on the LPT frame assembly, which could lead to engine separation, damage to the engine, and damage to the airplane.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for The Boeing Company Model 777 airplanes equipped with Rolls-Royce Trent 800 series engines. This AD was prompted by reports of in-flight separation of the engine's aft plug from the forward plug, which are the two parts of the turbine exhaust plug assembly. This AD requires installation of a serviceable turbine exhaust plug assembly (for certain airplanes), and a general visual inspection (for certain airplanes) to determine the diameter of the bolt used at the forward and aft plug interface, and applicable corrective actions. We are issuing this AD to prevent separation of the aft plug from the forward plug of the turbine exhaust plug assembly, which could result in parts departing the airplane and hitting the empennage, and destabilizing the airplane during a critical flight phase. In addition, parts remaining on a runway could pose a hazard to another airplane.
Application of Aviation Partners of Boynton Beach, LLC; D/B/A Hummingbird Air for Commuter Authority
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Aviation Partners of Boynton Beach, LLC d/b/a Hummingbird Air fit, willing, and able, and awarding it a Commuter Air Carrier Authorization.
Hazardous Materials: Notice of Application for Special Permits
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 that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated 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.
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