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

The FAA is issuing this notice to advise the public of the thirtieth Special Committee 213 meeting.

This document reopens the comment period for a July 23, 2015 advance notice of proposed rulemaking (ANPRM) that NHTSA issued in response to a petition for rulemaking from Ms. Marianne Karth and the Truck Safety Coalition relating to rear impact (underride) guards. The original comment period closed September 21, 2015. The agency is reopening the comment period for 30 days.

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.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Altius Aviation, LLC fit, willing, and able, and awarding it a Commuter Air Carrier Authorization.

This action modifies Class D airspace, Class E surface area airspace, and Class E airspace extending upward from 700 feet above the surface, at Stockton Metropolitan Airport, Stockton, CA. A review of the airspace and the decommissioning of the Manteca VHF omnidirectional radio range and distance measuring equipment (VOR/DME), has made it necessary to amend the airspace areas for the safety and management of the new Standard Instrument Approach Procedures (SIAPs) for Instrument Flight Rules (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-300, 747SR, and 747SP series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the upper chords of the upper deck floor beams are subject to widespread fatigue damage (WFD). This proposed AD would require repetitive inspections for cracks at the floor panel attachment fastener holes; repetitive inspections for cracks in the upper and lower chords of the upper deck floor beams at permanent fastener locations; repetitive inspections for cracks in certain repaired and modified areas; and related investigative and corrective actions if necessary. This proposed AD would also require repetitive replacement of the upper chords of the upper deck floor beams, including pre- replacement inspections and corrective action if necessary; and post- replacement repetitive inspections and repair if necessary. We are proposing this AD to detect and correct fatigue cracking of the upper chords of the upper deck floor beams. Undetected cracking could result in large deflection or deformation of the upper deck floor beams, resulting in damage to wire bundles and control cables for the flight control system, and reduced controllability of the airplane. Multiple adjacent severed floor beams could result in rapid decompression of the airplane.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This AD was prompted by a determination that no instructions for continued airworthiness exist for the nose landing gear (NLG) alternate extension actuator of the NLG alternate release system. This AD requires revising the maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation task for the NLG alternate extension actuator. We are issuing this AD to prevent failure of the NLG alternate release system and, if the normal NLG extension system also fails, failure of the NLG to extend, and consequent damage to the airplane and injury to occupants.

This action amends Class E airspace at Audubon County Airport, Audubon, IA; Corning Municipal Airport, Corning, IA; Ellen Church Field Airport, Cresco, IA; Eagle Grove Municipal Airport, Eagle Grove, IA; Guthrie County Regional Airport, Guthrie Center, IA; Hampton Municipal Airport, Hampton, IA; Harlan Municipal Airport, Harlan, IA; Iowa Falls Municipal Airport, Iowa Falls, IA; Knoxville Municipal Airport, Knoxville, IA; Oelwein Municipal Airport, Oelwein, IA; and Red Oak Municipal Airport, Red Oak, IA. Decommissioning of the non-directional radio beacons (NDBs) and/or cancellation of NDB approaches due to advances in Global Positioning System (GPS) capabilities has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the above airports.

These special conditions are issued for the Gulfstream Model GVII-G500 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is associated with a reduced margin between design cruising speed, VC/MC, and design diving speed, VD/MD, based on the incorporation of a high-speed protection system that limits nose-down pilot authority at speeds above VC/MC. 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 accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on certain information collections that will be expiring March 31, 2016. PHMSA will request an extension with no change for the information collections identified by the Office of Management and Budget (OMB) control numbers 2137-0610, 2137-0624, and 2137-0625. In addition, PHMSA will request a non-substantive change to the information collection identified under OMB control number 2137-0589 to revise the number of respondents PHMSA expects to comply with this information collection.

This document grants in full the Ford Motor Company's (Ford) petition for an exemption of the MKC vehicle line in accordance with 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the 49 CFR part 541, Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard). Ford also requested confidential treatment for specific information in its petition that the agency will address by separate letter.

The Federal Transit Administration (FTA) has placed in the docket and on its Web site, guidance in the form of a Circular to assist grantees in complying with the Americans with Disabilities Act (ADA). The purpose of this Circular is to provide recipients of FTA financial assistance with instructions and guidance necessary to carry out the U.S. Department of Transportation's ADA regulations.

FMCSA announces its decision to grant Daimler Trucks North America's (Daimler) application for an exemption to allow a Daimler employee to drive commercial motor vehicles (CMV) in the United States without having a commercial driver's license (CDL) issued by one of the States. The driver, Christian Urban, will test-drive Daimler vehicles on U.S. roads to better understand product requirements for these vehicles in ``real world'' environments and verify results. He holds a valid German commercial license but lacks the U.S. residency necessary to obtain a CDL issued by one of the States. FMCSA believes that the process for obtaining a German commercial license is comparable to or as effective as the U.S. CDL requirements and ensures that this driver will likely achieve a level of safety that is equivalent to or greater than the level of safety that would be obtained in the absence of the 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.

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.

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.

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.

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.

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.

The Federal Aviation Administration (FAA) is announcing the availability of Advisory Circular (AC) 187-1J, which transmits an updated schedule of charges for services of FAA Flight Standards aviation safety inspectors (ASI) outside the United States. The AC has been updated in accordance with the procedures listed in Title 14 of the Code of Federal Regulations (14 CFR) part 187, Appendix A.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 65 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.

FMCSA confirms its decision to exempt 49 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 that 9 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable these 9 individuals to operate CMVs in interstate commerce.

This document corrects the preamble to a proposed rule published in the Federal Register of May 21, 2015, regarding Federal Motor Vehicle Safety Standard for Motorcycle Helmets. This correction removes language relating to the incorporation by reference of certain publications that was inadvertently and inappropriately included in the preamble to the proposed rule.