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

The Department of Transportation is directing all interested persons to show cause why it should not issue an order tentatively finding Rectrix Aviation, Inc., 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.

We propose to adopt a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This proposed AD would require inspecting the main transmission forward (fwd) and aft frame assembly and adjacent skins for a crack and loose fasteners and establishing life limits for certain frame assemblies. This proposed AD is prompted by fatigue analysis indicating stress concentrations as well as the discovery of a crack in the station (STA) 362 frame and skin on a Model S-92A helicopter. The proposed actions are intended to detect a crack in a frame assembly and prevent failure of a frame and subsequent loss of control of the helicopter.

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This proposed AD was prompted by a determination by the manufacturer that shims might not have been installed between certain longerons and longeron joint fittings. This proposed AD would require repetitive inspections of the external surface of the fuselage skin panel for loose or working fasteners, and corrective action if necessary; a detailed visual inspection of the longeron joint fittings for the existence of shims and, if necessary, repetitive inspections of the longeron and the longeron joint fittings for any cracking, and corrective action if necessary. This proposed AD would also provide terminating action for certain repetitive inspections. We are proposing this AD to detect and correct missing shims between the longerons and longeron joint fittings. Such missing shims could result in a gapping condition and lead to stress corrosion cracking of the longeron joint fittings, and could adversely affect the structural integrity of the wing-to-fuselage attachment joints.

These special conditions are issued for the Gulfstream Aerospace Corporation (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 a digital systems architecture requiring isolation or protection from unauthorized internal access. 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 Maritime Administration (MARAD), in cooperation with the U.S. Coast Guard (USCG) and the Federal Energy Regulatory Commission (FERC), announces the availability of the Draft Environmental Impact Statement (DEIS) for the Delfin LNG deepwater port license application for the exportation of natural gas. Delfin LNG, LLC (Delfin LNG), is the applicant. A Notice of Application that summarized the original Delfin LNG license application was published in the Federal Register on July 16, 2015 (80 FR 42162). A Notice of Intent to Prepare an Environmental Impact Statement (EIS) and Notice of Public Meetings was published in the Federal Register on July 29, 2015 (80 FR 45270). A Notice of Receipt of Amended Application was published in the Federal Register on December 24, 2015 (80 FR 80455). This Notice of Availability (NOA) incorporates the aforementioned Notices by reference. The proposed Delfin LNG deepwater port would be located in Federal waters within the Outer Continental Shelf (OCS) approximately 37.4 to 40.8 nautical miles off the coast of Cameron Parish, Louisiana. The proposed Delfin LNG deepwater port incorporates onshore components, which are subject to FERC jurisdiction. These facilities are described in the section of this Notice titled ``FERC Application.'' Publication of this notice begins a 45-day comment period, requests public participation in the environmental impact review process, provides information on how to participate in the process and announces informational open houses and public meetings in Cameron, Louisiana and Beaumont, Texas.

These special conditions are issued for the Boeing 777-200 series airplane. This airplane, as modified by American Airlines, will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport- category airplanes. These airplanes will include single-occupant oblique seats with inflatable lapbelts requiring dynamic testing. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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.

This action modifies Class E airspace extending upward from 700 feet above the surface at De Quincy Industrial Airpark, De Quincy, LA; Minden Airport, Minden, LA; and Slidell, Airport, Slidell, LA. The decommissioning of non-directional radio beacons (NDB) and/or cancellation of NDB approaches due to advances in Global Positioning System (GPS) capabilities, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at these airports. This action also removes Class E airspace extending upward from 700 feet above the surface at Homer Municipal Airport, Homer, LA, as controlled airspace is no longer needed. Additionally, the name of Minden Airport (formerly Minden-Webster Airport) and the geographic coordinates at De Quincy Industrial Airpark, Minden Airport, and Slidell Airport are being adjusted to coincide with the FAA's aeronautical database.

FRA invites public comment on its Capital Cost Estimating Guidance, available on FRA's Web site at https://www.fra.dot.gov/Page/ P0926.

FMCSA confirms its decision to exempt 44 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.

On January 23, 2015, FMCSA announced the results of the Agency's study on the feasibility of using a motor carrier's role in crashes in the assessment of the company's safety. This study assessed (1) whether Police Accident Reports (PARs) provide sufficient, consistent, and reliable information to support crash weighting determinations; (2) whether a crash weighting determination process would offer an even stronger predictor of crash risk than overall crash involvement and how crash weighting would be implemented in the Agency's Safety Measurement System (SMS); and (3) how FMCSA might manage a process for making crash weighting determinations, including the acceptance of public input. Based on the feedback received in response to the January 23, 2015, Federal Register notice, FMCSA conducted additional analysis to improve the effectiveness of the Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC). In addition, the Agency will develop and implement a demonstration program to determine the efficacy of a program to conduct preventability determinations on certain types of crashes that generally are less complex.

FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a five-year exemption from the Federal requirement to hold a U.S. commercial driver's license (CDL) for Ms. Melanie Baumann, executive assistant to the head of the Daimler Trucks and Bus Division. Ms. Baumann holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ``real world'' environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption.

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.

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.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 and 787-9 airplanes. This proposed AD was prompted by a report that some inboard and outboard trailing edge flap rotary actuators may have been assembled with an incorrect no-back brake rotor-stator stack sequence during manufacturing. This proposed AD would require an inspection of the inboard and outboard flap trailing edge rotary actuator for any discrepant rotary actuator. For discrepant rotary actuators, this proposed AD would require replacing the rotary actuator, or determining the flight cycles on the rotary actuator and doing related investigative and corrective actions if necessary. We are proposing this AD to detect and replace rotary actuators having incorrect assembly, which could cause accelerated unit wear that will eventually reduce braking performance. This degradation could lead to loss of no- back brake function and reduced controllability of the airplane.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440), Model CL-600-2C10 (Regional Jet Series 700, 701, & 702), Model CL-600- 2D15 (Regional Jet Series 705), Model CL-600-2D24 (Regional Jet Series 900), and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by reports of undesirable changes in the Reference Airspeed (RAS) Bug, occurring during flight without pilot input. This AD requires replacing the flight control computer (FCC). We are issuing this AD to prevent uncommanded pitch changes, which could result in deviation from a safe flight path.

We are superseding Airworthiness Directive (AD) 2014-14-06 for all Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, - 113, -114, and -115 airplanes; Model A320-111, -211, -212, and -214 airplanes; and Model A321-111, -112, -211, -212, and -213 airplanes. AD 2014-14-06 required inspecting the aft engine mount retainers for surface finish, cracks, and failure, and replacement if necessary. This new AD requires repetitive inspections for damaged, cracked, broken, and missing aft engine mount retainers, and replacement if necessary. This AD was prompted by inspection results that have shown that the main cause of crack initiation in the aft engine mount retainers is the vibration dynamic effect that affects both retainers, either with ``dull'' or ``bright'' surface finishes. We are issuing this AD to detect and correct failure of retainer brackets of the aft engine mount and consequent loss of the locking feature of the nuts of the inner and outer pins; loss of the pins will result in the aft mount engine link no longer being secured to the aft engine mount.

We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200 Freighter series airplanes; Model A330-200 and A330-300 series airplanes; Model A340-200 and A340-300 series airplanes; Model A340-500 series airplanes; and Model A340-600 series airplanes. This AD was prompted by a report indicating that, during an operational test of a ram air turbine (RAT), the RAT did not deploy in automatic mode. This AD requires identification of the manufacturer, part number, and serial number of the RAT, and re-identification and modification of the RAT if necessary. We are issuing this AD to prevent non-deployment of the RAT, which, if preceded by a total engine flame- out, or during a total loss of normal electrical power generation, could result in reduced control of the airplane.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B16 (CL-604 Variant) airplanes. This AD was prompted by a determination that certain maintenance tasks for the horizontal stabilizer trim actuator (HSTA) are inadequate. This AD requires revising the maintenance or inspection program, as applicable, to incorporate new airworthiness limitations for the HSTA. We are issuing this AD to detect and correct premature wear and cracking of the HSTA, which could result in failure of the HSTA and consequent loss of control of the airplane.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.

In accordance with the Paperwork Reduction Act of 1995 (PRA), FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. On February 17, 2016, FMCSA published a Federal Register notice announcing an increase in the Agency's estimate of the total information-collection (IC) burden of the driver qualification (DQ) regulations. It explained that the Agency's regulations had not changed, but the Agency was increasing its estimate of the IC burden to 9.8 million hours because both the population of CMV drivers and the frequency of their hiring had increased. Today the Agency further increases its burden estimate to 10.21 million hours in response to a comment received to that notice.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.

We are revising an earlier proposed airworthiness directive (AD) to supersede Airworthiness Directive (AD) 2010-04-03, for all Airbus Model A310 series airplanes. AD 2010-04-03 currently requires accomplishing repetitive detailed inspections for cracking around the fastener holes in certain wing top skin panels between the front and rear spars on the left- and right-hand sides of the fuselage, and repair if necessary. The NPRM proposed to continue to require the repetitive detailed inspections, and would also require supplemental repetitive ultrasonic inspections for cracking around the fastener holes in wing top skin panels 1 and 2 at rib 2, and repair if necessary. This action revises the NPRM by expanding the inspection area to include rib 3 due to widespread fatigue damage. We are proposing this supplemental NPRM (SNPRM) to detect and correct fatigue cracking around the fastener holes, which could result in reduced structural integrity of the airplane. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.