Department of Transportation September 28, 2016 – Federal Register Recent Federal Regulation Documents

Notice of Intent To Rule on Disposal of Aeronautical Property at Everett-Stewart Regional Airport, Union City, TN (UCY)
Document Number: 2016-23425
Type: Notice
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration is requesting public comment on a request by Obion County, to release three parcels of land (8.48 acres) at Everett-Stewart Regional Airport from federal obligations.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Flight Operational Quality Assurance (FOQA) Program
Document Number: 2016-23419
Type: Notice
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. Flight Operational Quality Assurance (FOQA) is a program for the routine collection and analysis of digital flight data from airline operations, including but not limited to digital flight data currently collected pursuant to existing regulatory provisions. The FAA requires certificate holders who voluntarily establish approved FOQA programs to periodically provide aggregate trend analysis information from such programs to the FAA.
Notice of Land Use Change and Release of Grant Assurance Restrictions at the Oceano County Airport, Oceano, San Luis Obispo County, California
Document Number: 2016-23417
Type: Notice
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a land-use change for approximately .834 acres of airport property at Oceano County Airport, Oceano, California. The land use change will permit the release of the aeronautical use provision of the Grant Assurances that require it to serve an airport purpose since the land is not needed for aeronautical uses. The released land will be used for storm drainage improvements intended to enhance the existing drainage system in the southerly portion of the Oceano community adjacent to the east portion of the Oceano County Airport. The project will also reduce existing runoff on airport property as well as alleviate an existing drainage problem on Highway 1 at 13th Street. The fair market value will be paid for the land and thereby serve the interest of civil aviation.
Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD)
Document Number: 2016-23369
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has denied an application for exemption from the requirement that third-party commercial driver's license (CDL) testers maintain a bond in an amount determined by the State that employs them. The bond is intended to be sufficient to pay for re-testing drivers in the event that the third party or its examiners is involved in fraudulent activities related to CDL skills testing. The Division of Motor Vehicles, Idaho Transportation Department (ITD) submitted the application for exemption. FMCSA published ITD's application, reviewed the public comments received, and denied the application because available information did not allow the Agency to conclude that the proposed exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained absent the exemption.
Hours of Service of Drivers: Transco, Inc.; Application for Exemption
Document Number: 2016-23364
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from Transco, Inc. (Transco) for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. Transco requests that its drivers be permitted to comply with the 30-minute rest break requirement while performing on-duty, not-driving tasks. The requested exemption would apply to all Transco drivers in its grocery and foodservice divisions who provide driving and delivery services to their customers. Due to the nature of their operation, Transco believes that compliance with the 30-minute rest break rule negatively impacts the overall safety and general health of its CMV drivers, and therefore requests this exemption for all of its company drivers. FMCSA requests public comment on Transco's application for exemption.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-23363
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 37 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-23362
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 11 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-23361
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 25 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-23359
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 23 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery
Document Number: 2016-23358
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from the International Institute of Towing and Recovery (IITR) (on behalf of the Towing and Recovery Association of America (TRAA) and the towing and recovery industry) to allow commercial motor vehicle operators to secure automobiles, light trucks, and vans using a total of four tiedownstwo fixed and two adjustableinstead of using a minimum of two tiedowns, both of which need to be adjustable. While the Federal Motor Carrier Safety Regulations (FMCSRs) require each tiedown, or its associated connectors or attachment mechanisms, to be adjustable, IITR believes that the use of four tiedowns instead of the two that are minimally required by the FMCSRs to secure automobiles, light trucks, and vans will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption even though two of the four tiedowns are not adjustable. IITR is requesting the temporary exemption in advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.112.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-23357
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 18 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2016-23356
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA confirms its decision to exempt 47 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-23355
Type: Notice
Date: 2016-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 22 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.
Hazardous Materials: Emergency Restriction/Prohibition Order
Document Number: 2016-23332
Type: Notice
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
This notice provides Emergency Restriction/Prohibition Order No. FAA-2016-9156, issued September 16, 2016 to Braille Battery, Inc. The Emergency Order prohibits Braille Battery from offering for transportation and transporting, any lithium ion battery that is not in compliance with the HMR or the International Civil Aviation Organization (ICAO) Technical Instructions as permitted in the HMR; requires Braille Battery to maintain and make publicly available the complete test record issued by the testing facility for each lithium ion battery manufactured by Braille Battery proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria; requires Braille Battery to notify third party vendors that may offer for transportation, or transport, via air any lithium ion battery manufactured by Braille Battery that the third party vendor should not offer for transportation, nor transport, via air a Braille Battery lithium ion battery until Braille Battery confirms that the lithium ion battery is of a design type proven to meet the criteria in part III, sub-section 38.3 of the UN Manual of Tests and Criteria; prohibits Braille from using any ``hazmat employee'' that has not received training in accordance with the HMR; and prohibits Braille Battery from offering for transportation, or transporting, by air any hazardous materials requiring a DOT specification or UN standard packaging unless Braille Battery follows the applicable packing and closure instructions.
Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation
Document Number: 2016-23320
Type: Notice
Date: 2016-09-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document announces decisions by NHTSA that certain motor vehicles not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-23082
Type: Proposed Rule
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 767-200, -300, and -400ER series airplanes. This proposed AD was prompted an evaluation by the design approval holder (DAH) indicating that the fuselage skin lap splices are subject to widespread fatigue damage (WFD). This proposed AD would require repetitive inspections to detect any crack in the fuselage skin at the skin lap splices. We are proposing this AD to detect and correct cracks at the fuselage skin lap splice, which can rapidly link up, possibly resulting in rapid decompression and loss of structural integrity of the airplane.
Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes
Document Number: 2016-23081
Type: Rule
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for all Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This AD requires an inspection to identify the type of fasteners installed on the upper longerons and upper fittings of the engine mounting structure (EMS), an inspection for discrepancies of certain fasteners, and corrective action if necessary. This AD was prompted by the discovery of blind fasteners installed in EMS upper fittings that do not meet the type design. We are issuing this AD to detect and correct discrepancies of blind fasteners that could cause crack development and vibration in the engine mount structure, which could lead to failure of the affected engine-mount-to-airplane structural connection and resultant detachment of an engine from the airplane when both sides of a nacelle are affected.
Airworthiness Directives; REIMS AVIATION S.A. Airplanes
Document Number: 2016-22830
Type: Rule
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain REIMS AVIATION S.A. Model F406 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 cracks found in the horizontal stabilizer rear attach structure and the vertical fin rear spar attach structure. We are issuing this AD to prevent structural failure of the horizontal stabilizer and/or the vertical fin rear spar attach structure, which could result in damage to the airplane and loss of control.
Airworthiness Directives; Bombardier, Inc. Airplanes
Document Number: 2016-22705
Type: Rule
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted by a malfunctioning No. 2 engine intake heater with corrosion on the thermostats and the fuselage skin where the thermostats made contact with the aircraft fuselage skin. This AD requires a general visual inspection for corrosion of the thermostats' mounting surfaces and fuselage skin surface, corrective actions if necessary, and relocating the existing thermostats. We are issuing this AD to prevent corrosion within the thermostats that might cause the switch mechanism to seize in the open position and prevent the activation of the associated engine air intake heater. An inactive engine air intake heater could lead to an engine failure.
Airworthiness Directives; Airbus Airplanes
Document Number: 2016-21150
Type: Rule
Date: 2016-09-28
Agency: Federal Aviation Administration, Department of Transportation
We are superseding Airworthiness Directive (AD) 2009-15-17 for certain Airbus Model A330-200 and -300 series airplanes; and Model A340-200 and -300 series airplanes. AD 2009-15-17 required an inspection for damage to the protective treatments or any corrosion of all main landing gear (MLG) bogie beams, and application of protective treatments if no damage or corrosion was found. If any damage or corrosion was found, corrective action followed by the application of protective treatments was required. This new AD continues to require inspections for damage to the protective treatments or any corrosion of all MLG bogie beams, application of protective treatments, and corrective action if necessary. This new AD also requires modification of the MLG bogie beams, which terminates the repetitive inspections for any modified bogie beam. This new AD allows optional methods of compliance for certain actions, and adds Airbus Model A330-200 Freighter series airplanes to the applicability. This new AD revises the compliance times and adds a one-time inspection for airplanes that were inspected too early. This AD was prompted by reports of thin paint coats and paint degradation on enhanced main landing gear (MLG) bogie beams, as well as reports that some airplanes have been inspected too early and not re-inspected as needed. We are issuing this AD to detect and correct damage or corrosion of the MLG bogie beams, which could cause a runway excursion event, bogie beam detachment from the airplane, or MLG collapse, and could result in damage to the airplane and injury to the occupants.