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

We are superseding airworthiness directives (AD) 2001-18-06 and AD 2008-22-16, for all General Electric Company (GE) CT58 turboshaft engines. AD 2001-18-06 and AD 2008-22-16 required recalculating the lives of life-limited rotating parts using a repetitive heavy-lift (RHL) multiplying factor and removal from service of parts that exceed the recalculated cyclic or hourly life limit. This new AD would consolidate AD 2001-18-06 and AD 2008-22-16, and further reduce the life capability of certain parts. This AD was prompted by recalculation of life for parts installed on engines used in Utility operations, and a reduced life for compressor spools in all operations. We are issuing this AD to prevent failure of life-limited rotating parts, uncontained part release, damage to the engine, and damage to the aircraft.

We are adopting a new airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (P&WC) PT6B-37A turboshaft engines. This AD requires initial and repetitive inspections until replacement of the No. 10 bearing, and eventual replacement of the No. 9 bearing, both located in the engine reduction gearbox (RGB) assembly. This AD was prompted by reports of incorrect engine torque for PT6B-37A engines. We are issuing this AD to prevent axial migration of the No. 10 bearing in the engine RGB assembly, which could result in engine overtorque, failure of the engine, in-flight shutdown, and loss of the rotorcraft.

The FAA is issuing this notice to advise the public of the Twentieth RTCA Special Committee 225 meeting.

This rule updates the regulations governing the required design standards to be utilized on Federal-aid highway program (FAHP) projects. In issuing the final rule, FHWA incorporates by reference the latest versions of design standards and standard specifications previously adopted and incorporated by reference, and removes the corresponding outdated or superseded versions of these standards and specifications. This rule also makes technical changes to the regulatory text consistent with updated Federal Register procedures.

Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521 (PRA), and Office of Management and Budget (OMB) regulations at 5 CFR 1320.11, the Surface Transportation Board has obtained OMB approval of an extension of the information collectionNotifications of Trails Act Agreement and Substitute Sponsorship. This collection, which is codified at 49 CFR 1152.29, has been assigned OMB Control No. 2140-0017. Unless renewed, OMB approval expires on July 31, 2018. The display of a currently valid OMB control number for this collection is required by law. Under the PRA and 5 CFR 1320.8, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number.

We propose to supersede Airworthiness Directive (AD) 2010-04- 03, for all Airbus Model A310 series airplanes. AD 2010-04-03 currently requires accomplishing repetitive detailed visual inspections for cracking around the fastener holes in certain wing top skin panels between the right side and left side of the front and rear spars, and repair if needed. Since we issued AD 2010-04-03, Airbus improved the ultrasonic inspection program to allow earlier crack detection and to extend the repetitive inspection intervals. We have determined these inspections are necessary to address the unsafe condition. This proposed AD would continue to require the repetitive detailed inspections for cracking around the fastener holes in certain wing top skin panels between the front and rear spars, and repair if needed, and would require supplemental repetitive ultrasonic inspections for cracking around the fastener holes in certain wing top skin panels and repair if needed. We are proposing this AD to detect and correct cracking around the fastener holes in certain wing top skin panels between the right side and left side of the front and rear spars, which could result in reduced structural integrity of the airplane.

In recent years, there have been significant hazardous liquid pipeline accidents, most notably the 2010 crude oil spill near Marshall, Michigan, during which almost one million gallons of crude oil were spilled into the Kalamazoo River. In response to accident investigation findings, incident report data and trends, and stakeholder input, PHMSA published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on October 18, 2010. The ANPRM solicited stakeholder and public input and comments on several aspects of hazardous liquid pipeline regulations being considered for revision or updating in order to address the lessons learned from the Marshall, Michigan accident and other pipeline safety issues. Subsequently, Congress enacted the Pipeline Safety, Regulatory Certainty, and Job Creation Act that included several provisions that are relevant to the regulation of hazardous liquid pipelines. Shortly after the Pipeline Safety, Regulatory Certainty, and Job Creation Act was passed, the National Transportation Safety Board (NTSB) issued its accident investigation report on the Marshall, Michigan accident. In it, NTSB made additional recommendations regarding the need to revise and update hazardous liquid pipeline regulations. In response to these mandates, recommendations, lessons learned, and public input, PHMSA is proposing to make changes to the hazardous liquid pipeline safety regulations. PHMSA is proposing these changes to improve protection of the public, property, and the environment by closing regulatory gaps where appropriate, and ensuring that operators are increasing the detection and remediation of unsafe conditions, and mitigating the adverse effects of pipeline failures.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments.

We propose to supersede Airworthiness Directive (AD) 2008-13- 12 R1, which applies to certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 2008-13-12 R1 currently requires various repetitive inspections for cracking of the upper frame to side frame splice of the fuselage, and other specified and corrective actions if necessary; and also provides for an optional preventive modification, which terminates the repetitive inspections. Since we issued AD 2008-13-12 R1, we have received reports of additional fatigue cracking of the upper frame to side frame splice of the fuselage, and two reports of severed frames. This proposed AD would add, for certain airplanes, an inspection to determine if the existing frame repair meets all specified requirements; for certain other airplanes, a new modification of the upper frame to side frame splice, which would terminate the repetitive inspections; and reduce certain inspection thresholds and repetitive intervals. We are proposing this AD to detect and correct fatigue cracking of the upper frame to side frame splice of the fuselage, which could result in reduced structural integrity of the frame and adjacent lap joint, causing increased loading in the fuselage skin, which will accelerate skin crack growth and result in decompression of the airplane.

We are adopting a new airworthiness directive (AD) for certain Honeywell International Inc. TPE331-5, -5A, -5AB, -5B, -10, -10R, -10U, -10UF, -10UG, -10UGR, and -10UR model turboprop engines. This AD was prompted by engine propeller shaft coupling failures, leading to unexpected propeller pitch changes causing increased aerodynamic and asymmetric drag on the airplanes using these engines. This AD requires removing certain part number (P/N) engine propeller shaft couplings from service. This AD also requires inserting a copy of certain airplane operating procedures into applicable flight manuals. We are issuing this AD to prevent loss of airplane control, leading to an accident.

This notice announces actions taken by FWHA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Porter Rockwell Boulevard Project in Salt Lake County in the State of Utah. These actions grant approvals for the project.

We are superseding Airworthiness Directive (AD) 2003-13-01 for certain The Boeing Company Model 767 airplanes. AD 2003-13-01 required an inspection to detect cracks and fractures of the outboard hinge fitting assemblies on the trailing edge of the inboard main flap, and follow-on and corrective actions if necessary. For certain airplanes, AD 2003-13-01 required an inspection to determine if a tool runout option has been performed in the area. This new AD reduces certain compliance times, adds airplanes to the applicability, and provides optional terminating action for certain inspections. This AD was prompted by reports of hinge assembly fractures found before certain required compliance times in AD 2003-13-01. We are issuing this AD to prevent the inboard aft flap from separating from the wing and potentially striking the airplane, which could result in damage to the surrounding structure and potential personal injury.

On July 17, 2014, the President announced the Build America Investment Initiative, a government-wide effort to increase infrastructure investment and economic growth by engaging with state and local governments and private sector investors to encourage collaboration, expand the market for public-private partnerships (P3s) and put Federal credit programs to greater use. As part of that effort, the Presidential Memorandum tasked the U.S. Department of Transportation (USDOT) to establish the Build America Transportation Investment Center (BATIC), a one-stop-shop for state and local governments, public and private developers and investors seeking to utilize innovative financing and P3s to deliver transportation projects. USDOT has made significant progress in its work to expand access to USDOT credit programs, spread innovation through tools that build capacity across the country, and deliver project-focused technical assistance to help high-impact projects develop plans, navigate Federal programs and requirements, and evaluate and pursue financing opportunities. This includes an effort to provide a range of technical assistance tools to project sponsors, including a series of model contract provisions for popular P3 project types. Development of these tools fulfills a requirement under Moving Ahead for Progress in the 21st Century Act (MAP-21) that FHWA to develop public-private partnership (P3) transaction model contracts for the most popular type of P3s for transportation projects. Based on public input favoring an educational, rather than prescriptive, contract model, FHWA is publishing a series of guides describing terms and conditions typically adopted in P3 concession agreements. The FHWA values public input in the development of the model contract guides, and seeks continuing input. All documents in this series share the same Docket Number (FHWA- 2014-0006). To address the most popular types of P3s, FHWA is producing separate guides to the two most common agreements for concessionaire compensation: user tolls and availability payments (APs). For the purpose of public comment, the Toll Concessions Guide was divided into two parts. The first part, addressing the highest profile (``Core'') provisions, was published in final form on September 10, 2014. The second part (the ``Addendum''), addressing additional substantive provisions, was published in draft form on January 16, 2015. As described below, FHWA is deferring publication of the final version of the Addendum in order to obtain public comment on additional material (provided with this announcement) relevant to the concessions guides. With this notice, FHWA publishes a Draft Availability Payment Concessions P3 Model Contract Guide (``AP Concessions Guide'') so that the general public and interested stakeholders may provide comments. The AP Concessions Guide can be found on the Docket (FHWA-2014-0006) and at the following link:https://www.fhwa.dot.gov/ipd/pdfs/p3/ apguide.pdf. This model contract guide has been prepared solely for informational purposes and should not be construed as a statement of DOT or FHWA policy. In addition, a separate chapter on Labor Best Practices recommended by the U.S. Department of Labor has been added to the Docket and is available at the following link: https://www.fhwa.dot.gov/ipd/pdfs/p3/ laborbestpractices.pdf. This chapter discusses labor provisions recommended by the U.S. Department of Labor for all P3 concession agreements, following a collaboration with USDOT, regardless of source of funding (i.e., Federal, State, or private) or form of compensation (i.e., user tolls or APs). The FHWA intends to incorporate this chapter into the final contract guides for both user toll and AP concessions; therefore, FHWA is seeking public comment on this document prior to finalizing the Toll Concession Addendum.

The U.S. Department of Transportation's (DOT), Federal Transit Administration (FTA) announces the selection of projects for the Fiscal Year (FY) 2015 Innovative Public Transportation Workforce Development Program (Workforce Development Program). Under the prior authorization, the Workforce Development Program was authorized under 49 U.S.C. 5322. Under the Moving Ahead for Progress in the 21st Century (MAP-21) Act, the program is authorized at 49 U.S.C. 5322(b). These projects are funded with a combination of $4 million of unallocated Section 5314 Federal funds appropriated in FY 2012, and a total of $5.5 million authorized under MAP-21 and appropriated in FYs 2013, 2014, and 2015 for Section 5322. These program dollars will provide financial assistance to promote diverse and innovative workforce development models and programs that specifically target unemployment training programs, outreach to increase minority and female employment, and training for minority business opportunities.

This notice announces a public meeting of the FAA's Aviation Rulemaking Advisory Committee (ARAC) Transport Airplane and Engine (TAE) Subcommittee to discuss TAE issues.

We are adopting a new airworthiness directive (AD) for all Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes; Model MYSTERE-FALCON 200 airplanes; and Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This AD was prompted by reports of defective fire extinguisher tubes. It was determined the defects were caused by corrosion. This AD requires repetitive general visual inspections of the fire extinguisher tubes for cracking and corrosion, and replacement of any cracked tube with a serviceable tube, if necessary. We are issuing this AD to detect and correct cracking and corrosion in the fire extinguisher tubes, which could impact the capability to extinguish an engine fire, and possibly result in damage to the airplane and injury to the passengers.

This action amends Restricted Areas R-3601A and R-3601B, Brookville, KS, to re-define the restricted area boundary segments described using the Missouri Pacific Railroad Track visual landmark. The restricted areas using agency information is also updated to include the military service of the using agency. This action does not affect the overall restricted area boundaries, designated altitudes, times of designation, or activities conducted within the restricted areas. Additionally, boundary segment amendments of the Smoky and Smoky High military operations areas (MOA), ancillary to the restricted areas amendments, are being made. Since R-3601A and R-3601B share boundaries with the Smoky and Smoky High MOAs, the FAA included discussion of the Smoky and Smoky High MOAs amendments in this rule. Lastly, the MOAs using agency is being amended to match the restricted areas using agency information.

The geometric design standards for projects on the National Highway System (NHS) are incorporated by reference in FHWA regulations. These design standards are comprehensive in nature, covering a multitude of design characteristics, while allowing flexibility in application. Exceptions may be approved on a project basis for designs that do not conform to the minimum or limiting criteria set forth in the standards, policies, and standard specifications. The FHWA is updating its policy regarding controlling criteria for design. The current policy identifies 13 controlling criteria for design and requires formal design exceptions when any of the 13 controlling criteria are not met. The FHWA intends to further streamline the controlling criteria, and the application of these criteria, based on the results of recent research that evaluated the safety and operational effects of the 13 controlling criteria. The FHWA also intends to clarify when design exceptions are required and the documentation that is expected to support such requests. This notice solicits comments on the proposed revisions to the 13 controlling criteria for the design of projects on the NHS that require a design exception when adopted design criteria are not met, in accordance with FHWA regulations.

FMCSA announces its decision to renew the exemption from the minimum 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers working under contract to the U.S. Department of Defense's (DOD) Military Surface Deployment and Distribution Command (SDDC). The exemption will enable SDDC's contract motor carriers and their employee-drivers engaged in the transportation of weapons, munitions, and sensitive/ classified cargo to have the same regulatory flexibility that 49 CFR 395.1(q) provides for drivers transporting explosives. The exempted drivers will be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements, providing they do not perform any other work during the break.

FMCSA confirms its decision to exempt 42 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce.

FMCSA announces its decision to grant requests from 14 individuals for exemptions from the Agency's physical qualifications standard concerning hearing for interstate drivers. The current regulation prohibits hearing impaired individuals from operating CMVs in interstate commerce. After notice and opportunity for public comment, the Agency concluded that granting exemptions for these drivers to operate property-carrying CMVs will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. The exemptions are valid for a 2- year period and may be renewed, and the exemptions preempt State laws and regulations.

FMCSA announces its decision to grant requests from 12 individuals for exemptions from the Agency's physical qualifications standard concerning hearing for interstate drivers. The current regulation prohibits hearing impaired individuals from operating CMVs in interstate commerce. After notice and opportunity for public comment, the Agency concluded that granting exemptions for these drivers to operate property-carrying CMVs will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. The exemptions are valid for a 2- year period and may be renewed, and the exemptions preempt State laws and regulations.

On February 27, 2015, FRA published a Notice of Proposed Rulemaking (NPRM) that would require certain railroads to develop a Risk Reduction Program (RRP). On September 29, 2015, the RRP Working Group of the Railroad Safety Advisory Committee (RSAC) held a meeting to review and discuss comments received in response to both the NPRM and an August 27, 2015, public hearing on the NPRM. FRA is reopening the comment period for this proceeding to allow interested parties to submit written comments in response to views or information provided at the RRP Working Group meeting.

FMCSA proposes to amend the regulations for ``Parts and Accessories Necessary for Safe Operation,'' and ``Inspection, Repair and Maintenance,'' of the Federal Motor Carrier Safety Regulations (FMCSRs) in response to several petitions for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) and the American Trucking Associations (ATA), and two safety recommendations from the National Transportation Safety Board (NTSB). Specifically, the Agency proposes to add a definition of ``major tread groove;'' revise the rear license plate lamp requirement to provide an exception for truck tractors registered in States that do not require tractors to have a rear license plate; provide specific requirements regarding when violations or defects noted on a roadside inspection report need to be corrected; amend Appendix G to the FMCSRs, ``Minimum Periodic Inspection Standards,'' to include provisions for the inspection of antilock braking systems (ABS), automatic brake adjusters, and brake adjustment indicators, speed-restricted tires, and motorcoach passenger seat mounting anchorages; and amend the periodic inspection rules to eliminate the option for motor carriers to use a violationfree roadside inspection report as proof of completing a comprehensive inspection at least once every 12 months. In addition, the Agency proposes to eliminate introductory text from Appendix G to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA's periodic inspection criteria is unnecessary.