Department of Transportation 2015 – Federal Register Recent Federal Regulation Documents

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.

The FAA is issuing this notice to advise the public of the ninety-fourth Special Committee 159 meeting.

The FAA is issuing this notice to advise the public of the sixteenth Special Committee 227 meeting.

The National Highway Traffic Safety Administration (NHTSA) is announcing a meeting that will be held in Washington, DC on November 4- 5, 2015 to kick off a new national drowsy driving initiative. The NHTSA Drowsy Driving Forum will include presentations and discussions on a number of topics, including problem identification and measurement of drowsy driving, public awareness and education, public and corporate policy, vehicle technology, and balancing the needs for research and action. Attendance at the meeting is limited to invited participants because of space limitations of the DOT Conference Center. However, the meeting will be available for live public viewing on the NHTSA Web site (www.nhtsa.gov). Remote viewers will be able to submit questions online to the forum moderators.

The FAA is proposing to establish a Special Flight Rules Area in the vicinity of Pearson Field Airport, Vancouver, Washington. Pearson Field Airport is located approximately three nautical miles northwest of Portland International Airport, Portland, Oregon. The close proximity of the airport traffic patterns and approach courses create converging flight paths between traffic on approach to Portland International Airport and traffic at Pearson Field Airport, increasing the risk for near mid-air collision, mid-air collision and wake turbulence events. The intended effect of this action is to mitigate the identified risk by establishing operating requirements applicable to all aircraft when operating within a designated area at Pearson Field Airport, which would increase overall system efficiency and safety.

This action incorporates certain amendments into FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, for incorporation by reference in 14 CFR 71.1.

These special conditions are issued for the Cessna Model 680A airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design features side- facing seats equipped with airbag systems. 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.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 717-200 airplanes. This proposed AD was prompted by multiple reports of the vertical stabilizer leading edge showing signs of fastener distress. This proposed AD would require a detailed inspection for any distress of the vertical stabilizer leading edge skin, and related investigative and corrective actions, if necessary. This proposed AD would also require, for certain airplanes, repetitive detailed inspections of the spar cap for any loose and missing fasteners, repetitive high frequency eddy current (HFEC) and radiographic testing (RT) inspections of the spar cap for any crack, and related investigative and corrective actions, if necessary. We are proposing this AD to detect and correct any crack in the vertical stabilizer leading edge and front spar cap, which may result in the structure becoming unable to support limit load, and may lead to the loss of the vertical stabilizer.

We are adopting a new airworthiness directive (AD) for all Viking Air Limited (Type Certificate Previously Held by Bombardier, Inc.) Model DHC-7-1 and DHC-7-100 airplanes. This AD was prompted by reports of cracks that were discovered in the outboard nacelles upper longeron channels and angles. This AD requires a one-time detailed visual inspection for cracking in the outboard nacelles upper longeron channels and angles; and repair if necessary. We are issuing this AD to detect and correct cracks in the outboard nacelles upper longeron channels and angles, which could lead to the loss of stiffness in the forward engine mount; and possible catastrophic failure.

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 side-stick controllers, instead of conventional-control wheel-and-column design, for pitch and roll control. 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.

The FHWA is issuing this notice to announce actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway reconstruction project: Knik-Goose Bay Road Reconstruction: MP 0.3 to 6.8, Centaur Avenue to Vine Road, in the Matanuska-Susitna Borough, Alaska. Those actions grant licenses, permits, and approvals for the project.

We are publishing a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters, which was sent previously to all known U.S. owners and operators of these helicopters. This AD requires inspecting certain tail rotor (T/R) blades, replacing the set of T/R blades if there is damage, deactivating the rotor de-icing system, revising the rotorcraft flight manual (RFM), and installing a placard. This AD is prompted by a report of a T/R de-icing system power supply box stuck in a ``closed'' position providing an uncontrolled and un-annunciated power supply to the system. These actions are intended to detect and prevent structural damage to the T/R blades caused by overheating, and subsequent loss of control of the helicopter.