Department of Transportation March 2016 – Federal Register Recent Federal Regulation Documents

This action establishes Class E airspace at Willapa Harbor Heliport, South Bend, WA, to accommodate new standard instrument approach and departure procedures developed at the heliport. Controlled airspace is necessary for the safety and management of Instrument Flight Rules (IFR) operations at the heliport.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 767-200 and -300 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead web to pressure chord joint is subject to widespread fatigue damage (WFD). This proposed AD would require repetitive high frequency eddy current (HFEC) inspections of the aft pressure bulkhead web, at fasteners common to the bulkhead web and pressure chord, around the entire circumference of the pressure chord for any crack, and repair of cracks. We are proposing this AD to detect and correct cracks in the aft pressure bulkhead web. Such cracking could result in the loss of structural integrity of the airplane.

We are revising an earlier proposed airworthiness directive (AD) for certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747- 400F, 747SR, and 747SP series airplanes. The notice of proposed rulemaking (NPRM) proposed to require replacing the wire bundles inside the electrical conduit of the forward and aft boost pumps of the numbers 1 and 4 main fuel tanks with new, improved wire bundles inserted into conduit liners. The NPRM was prompted by several reports of chafing of the wire bundles inside the electrical conduit of the forward and aft boost pumps of the numbers 1 and 4 main fuel tanks due to high vibration. These wire bundles can chafe through the wire sleeving into the insulation, exposing the wire conductors. This action revises the NPRM by adding a revision to the maintenance or inspection program, as applicable, to include critical design configuration control limitations (CDCCL) for the fuel boost pump wiring. We are proposing this SNPRM to prevent chafing of the wire bundles and subsequent arcing between the wiring and the electrical conduit creating an ignition source in the fuel tanks, which could result in a fire and consequent fuel tank explosion. 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 the Agency's efforts to improve the carrier prioritization process to enable safety investigators to take more immediate action against carriers with the highest crash risk. Specifically, FMCSA is announcing a new High Risk Motor Carrier definition and associated investigative procedural changes. These changes correspond with the ``Blueprint for Safety Leadership: Aligning Enforcement and Risk'' report issued by a Federal Aviation Administration Independent Review Team (IRT) in July 2014. The IRT recommended that FMCSA sharpen its priority-setting focus and improve the timeliness of investigator actions on those motor carriers representing the highest risk. This notice explains the Agency's new High Risk Motor Carrier definition and associated investigative procedural changes.

The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2015. The decision solicits comments on the following issues: The railroads' 2015 current cost of debt capital; the railroads' 2015 current cost of preferred equity capital (if any); the railroads' 2015 cost of common equity capital; and the 2015 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in Railroad Cost of Capital2014, EP 558 (Sub-No. 18) (STB served Aug. 7, 2015).

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

FRA is conducting a retrospective review of its locomotive train horn regulations in 49 CFR part 222. As part of its review, FRA is soliciting public comment on whether FRA should modify, streamline, or expand any requirements of FRA's locomotive train horn regulations to reduce paperwork and other economic burdens on the rail industry and States and local authorities while still maintaining the highest standards of safety. The list of topics at the end of this Notice highlights specific areas on which FRA would particularly encourage the rail industry, as well as State and local authorities to provide comment.

This action proposes to modify Alaskan VOR Federal airway V- 506 by lowering the floor of class E controlled airspace due to the establishment of a lower global navigation satellite system (GNSS) minimum enroute altitude (MEA). This action would allow maximum use of the airspace.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. This proposed AD was prompted by reports of partial loss of no-back brake (NBB) efficiency on the trimmable horizontal stabilizer actuator (THSA). This proposed AD would require an inspection to determine THSA part number, serial numbers, and flight cycles on certain THSAs; and repetitive replacement for certain THSAs. We are proposing this AD to prevent loss of THSA NBB efficiency, which in conjunction with the power gear not able to keep the ball screw in its last commanded position, could lead to an uncommanded movement of the horizontal stabilizer, possibly resulting in loss of control of the airplane.

BMW of North America, LLC (BMW), has determined that certain model year (MY) 2016 BMW 7 Series passenger cars do not fully comply with paragraph S7.7.13.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, reflective devices and associated equipment. BMW filed a report dated January 21, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. BMW then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

The Federal Aviation Administration (FAA) and the National Park Service (NPS), in accordance with the National Parks Air Tour Management Act of 2000, announce the next meeting of the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). This notification provides the date, location, and agenda for the meeting. Date and Location: The NPOAG ARC will meet on April 13, 2016. The meeting will take place in Biscayne National Park's Dante Fascell Visitor Center Auditorium, 9700 SW. 328th Street, Homestead, FL 33033. The meeting will be held from 8:30 a.m. to 4:30 p.m. on April 13, 2016. This NPOAG meeting will be open to the public.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Department of Transportation (DOT) provides notice that it will submit an information collection requests (ICR) to the Office of Management and Budget (OMB) for emergency approval of a proposed information collection. Upon receiving the requested six-month emergency approval by OMB, the Office of the Secretary of Transportation (OST) will follow the normal PRA procedures to obtain extended approval for this proposed information collection. The collection of information is necessary in order to receive applications for grant funds pursuant to Section 1105 of the Fixing America's Surface Transportation (FAST) Act of 2015, which was signed into law on December 4, 2015. Section 1105 establishes a new program for OST to provide Supplemental Discretionary Grants for a Nationally Significant Freight and Highway Projects (NSFHP) program. The Department will also refer to NSFHP grants as Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grants. The FAST Act provides specific deadlines for this program, including a statutory 60-day Congressional notification requirement, which is no later than July 30, 2016. In order to ensure that the NSFHP grants are awarded in an expeditious manner and in the timeframes established by the FAST Act, the Department requests approval of an information collection using OMB's emergency processing system to meet Paperwork Reduction Act (PRA) requirements. Information related to this ICR, including applicable supporting documentation may be obtained by contacting the NSFHP program manager via email at NSFHP@dot.gov.

The Department of Transportation is issuing a final rule to extend the smoking ban in DOT's regulation to include all charter (i.e., nonscheduled) flights where a flight attendant is a required crewmember. The revised regulation would comport with 49 U.S.C. 41706, which was revised in 2012, to ban smoking on charter flights where a flight attendant is a required crewmember. This final rule also explicitly bans the use of electronic cigarettes (``e-cigarettes'') on all flights where smoking is banned. The Department interprets the existing regulation to prohibit e-cigarette use, but is codifying this interpretation.

Cooper Tire & Rubber Company (Cooper), has determined that certain Cooper tires do not fully comply with paragraph S5.5.1(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Tires Radial Tires for Light Vehicles. Cooper filed a report dated August 13, 2015, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Cooper then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

We are superseding Airworthiness Directive (AD) 2014-07-52 for certain Airbus Helicopters (previously Eurocopter France) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters. AD 2014-07- 52 required repetitively inspecting certain reinforcement angles of the rear structure to tailboom junction frame (reinforcement angles) for a crack at 10 hour time-in-service (TIS) intervals, repairing any cracked reinforcement angle, and allowed an optional repetitive inspection with a 165 hour TIS inspection interval as a terminating action for the 10 hour TIS inspections. This AD retains the inspection requirements of AD 2014-07-52 and requires the inspection of the area around each reinforcement angle screw hole as terminating action to the 10 hour TIS inspections. We are issuing this AD to detect a crack in the reinforcement angle, which if not corrected, could result in loss of the tailboom and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for EVECTOR, spol. s.r.o. Model L 13 SEH VIVAT and L 13 SDM VIVAT gliders (type certificate previously held by AEROTECHNIK s.r.o.). 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 lack of distinct color marking of the elevator drive. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This notice announces actions taken by the 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 project, South Capitol Street Project, the reconstruction of South Capitol Street from Firth Sterling Avenue SE. to D Street and Suitland Parkway from Martin Luther King, Jr. Avenue SE. to South Capitol Street; replacement of the Frederick Douglass Memorial Bridge; and streetscape improvements to New Jersey Avenue SE., Washington, DC. Those actions grant licenses, permits, and approvals for the project.

We propose to adopt a new airworthiness directive (AD) for Blanik Limited Models L-13 Blanik and L-13 AC Blanik gliders (type certificate previously by LET Aeronautical Works) that would supersede AD 99-19-33. 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 lack of distinct color marking of the elevator drive. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all M7 Aerospace LLC Models SA26-AT, SA226-T(B), SA226-AT, SA226-T, SA226-TC, SA227-AC (C-26A), SA227-AT, SA227-BC (C-26A), SA227-CC, SA227-DC (C- 26B), and SA227-TT airplanes. This AD was prompted by information that the airplane flight manual (AFM) does not provide adequate guidance in the handling of engine failures, which may lead to reliance on the negative torque system (NTS) for reducing drag. This condition could lead the pilot to not fully feather the propeller with consequent loss of control. This AD requires inserting updates into the airplane flight manual (AFM) and/or the pilot operating handbook (POH) that will clearly establish that the NTS is not designed to automatically feather the propeller but only to provide drag protection. We are issuing this AD to correct the unsafe condition on these products.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by Lafayette Airport Commission under the provisions of 49 U.S.C. (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On April 4, 2012, the FAA determined that the noise exposure maps submitted by Lafayette Airport Commission under Part 150 were in compliance with applicable requirements. On November 23, 2015, the FAA approved the Lafayette Regional Airport noise compatibility program. Both of the recommendations of the program were approved.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order tentatively finding Exec Air Inc. of Naples d/b/a ExecAir fit, willing, and able to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations.

The Board is granting an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for Lone Star Railroad, Inc., to construct and operate a new line of railroad in Howard County, Tex. The Line would be used to provide rail service to an industrial park near Big Spring, Tex., via a connection with an existing Union Pacific Railroad Company mainline that extends between Dallas and El Paso, Tex. This exemption is subject to environmental mitigation conditions. The Board, however, is denying, without prejudice, the petition for exemption with respect to Southern Switching Company's proposed operation of the newly constructed line because the record does not support the authority requested.

Supreme Corporation (Supreme), has determined that certain model year (MY) 2015-2016 Supreme Classic American Trolley buses manufactured between October 1, 2014 and November 2, 2015, do not fully comply with paragraph S6 of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Supreme filed a report pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Supreme then petitioned NHTSA under 49 CFR part 556 requesting a decision that the subject noncompliance is inconsequential to motor vehicle safety.

This notice sets forth the reasons for denying a petition (DP15-007) submitted to NHTSA under 49 U.S.C. 30162 and 49 CFR part 552, requesting that the agency ``have Toyota correct software defects in their electronic throttle control software'' and then ``issue a national recall of all effected [sic] vehicles and have Toyota replace the old faulty code with the new safer code.''