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

The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a release of approximately 1.5 acres of airport property at Bob Hope Airport, Burbank, Los Angeles County, California, from all conditions contained in the Grant Assurances since the parcel of land is not needed for airport purposes. The property will be sold for its fair market value and the proceeds used for airport purposes. The redevelopment of the land for commercial purposes represents a compatible land use that will not interfere with the airport or its operation, thereby protecting the interests of civil aviation.

The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a release of approximately 3 acres of airport property at Tucson International Airport, Tucson, Pima County, Arizona, from all conditions contained in the Grant Assurances since the parcel of land is not needed for airport purposes. The property will be sold for its fair market value and the proceeds used for airport purposes. The redevelopment of the land for roadway enhancements to property owned by the U. S. Air Force represents a compatible land use that will not interfere with the airport or its operation, thereby protecting the interests of civil aviation.

This action modifies Class D airspace at Grissom Army Reserve Base (ARB), IN, to allow for a lower Circling Minimum Descent Altitude, where Instrument Flight Rules Category E circling procedures are being used. This action increases the area of the existing controlled airspace for Grissom ARB, IN. Additionally, this action will add Peru, Grissom ARB, IN to the subtitle of the airspace designation.

This notice announces actions taken by TxDOT and Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014 and executed by FHWA and TxDOT. The actions relate to a proposed highway project, I-35 Improvements from Rundberg Lane to US 290 East in Austin, Travis County, in the State of Texas. Those actions grant licenses, permits, and approvals for the project. Under MAP-21 section 1319, TxDOT has issued a Finding of No Significant Impact for this action.

Pursuant to the Federal pipeline safety laws, PHMSA is publishing this notice of three special permit requests we received from pipeline operators, seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. This notice seeks public comments on the requests, including comments on any safety or environmental impacts. At the conclusion of the 30-day comment period, PHMSA will evaluate the requests and determine whether to grant or deny the special permits.

FMCSA announces its decision to deny applications from 11 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce.

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 an exemption from the Federal requirement to hold a U.S. commercial driver's license (CDL) for Mr. Henning Oeltjenbruns, a general manager of the Daimler Truck Plant in Cleveland, NC. Mr. Oeltjenbruns 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 action removes the Class D airspace at Pearson Field, Vancouver, WA. FAA Joint Order 7400.2K states that non-towered airports requiring a surface area will be designated Class E. Class E surface area airspace was established on December 10, 2015. The FAA is taking this action due to the lack of an operating air traffic control tower at Pearson Field Airport, Vancouver, WA.

We propose to supersede Airworthiness Directive (AD) 2015-16- 02, for all Airbus Model A330 series airplanes. AD 2015-16-02 currently requires revising the maintenance program or inspection program to incorporate certain maintenance requirements and airworthiness limitations. Since we issued AD 2015-16-02, we received a revision of an airworthiness limitations items (ALI) document, which provides new and more restrictive maintenance requirements and airworthiness limitations for airplane structures and systems. This proposed AD would require revising the maintenance or inspection program to incorporate new maintenance requirements and airworthiness limitations. We are proposing this AD to prevent reduced structural integrity and reduced control of these airplanes due to the failure of system components.

We are revising an earlier proposed airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. The NPRM proposed to supersede AD 2012-07-08, which requires revising the maintenance or inspection program to incorporate structural inspection requirements. The NPRM was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. Since the NPRM was issued, a new revision of the airworthiness limitations section (ALS) of the EMBRAER S.A. ERJ 170/175 Maintenance Review Board Report (MRBR) was issued, which contains more restrictive airworthiness limitations. This action revises the NPRM by proposing to require revising the maintenance or inspection program, as applicable, to incorporate the new ALS of the MRBR. This supplemental NPRM (SNPRM) would also remove certain airplanes from the applicability. In addition, we propose to supersede AD 2006-06-09, AD 2012-05-08, and AD 2012-07-08, which require tasks that are now included in the new revision of the MRBR. We are proposing this SNPRM to detect and correct fatigue cracking of various principal structural elements; such cracking could result in reduced structural integrity of the airplane. We are also proposing this SNPRM to prevent safety-significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. In addition, we are also proposing this SNPRM to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss 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.

In May 2015, FMCSA published a notice of proposed rulemaking (NPRM) in the Federal Register to allow drivers with stable, well- controlled insulin-treated diabetes mellitus (ITDM) to be qualified to operate commercial motor vehicles (CMVs) in interstate commerce. The comment period closed on July 6, 2015 and the Agency received over 1,250 comments. In that same month, FMCSA requested the Medical Review Board (MRB) to provide the Agency with advice by reviewing and analyzing the comments and providing recommendations to FMCSA for its consideration. The Agency announces the availability of the MRB's report and requests comments on the MRB recommendations. The Final MRB Task 15-01 Report is posted in the docket at FMCSA-2005-23151.

FMCSA announces its decision to deny applications from nine individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce.

FMCSA announces its decision to deny applications from nine individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce.

FMCSA announces its decision to deny applications from 18 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce.

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 a previously approved information collection. 14 CFR part 121 to ensure safety-of-flight by making certain that adequate training is obtained and maintained by those who operate under this part of the regulation.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, NMFS, and USFWS that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed Local Agency (off-highway) project funded under the Highway Bridge Program (HBP), that proposes a bridge replacement located along Davis Road between Blanco Road to Reservation Road, in the County of Monterey, State of California. Those actions grant licenses, permits, and approvals for the project.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, State Route 1 Gleason Beach Roadway Realignment Project, District 04-SON-1 p.m. 15.1/15.7 located between Bodega Bay and Jenner in the County of Sonoma, State of California. Those actions grant licenses, permits, and approvals for the project.

The FAA hereby provides notice of intent to release approximately 0.521 acres of airport property at the Southwest Florida International Airport, Fort Myers, FL, from the terms, conditions, reservations, and restrictions as contained in federal grant assurances. The release of property will allow Lee County Port Authority to dispose of the property for other than aeronautical purposes. The property is located on Treeline Avenue along its proposed intersection with the extension of Jetport Loop, Fort Myers, Florida. The parcel is currently designated as aeronautical land use. The property will be released of its federal obligations for roadway access/right-of-way purposes. The fair market value of these parcels has been determined to be $170,000.

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 adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD was prompted by an aileron-wing flutter analysis finding that, when a hydraulic aileron actuator is not powered while at least one aileron flutter damper is inoperative (latent failure), the maximum speed currently defined in the airplane flight manual (AFM) is insufficient to meet the required safety margin. This AD requires revising the AFM to include procedures to follow in the event of a hydraulic system failure and abnormal flight control behavior. We are issuing this AD to ensure that the flightcrew has procedures to follow in the event of a hydraulic system failure and abnormal flight control behavior. If not corrected, this condition could lead to aileron flutter and possible reduced control of the airplane.

We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) which indicates that the main landing gear (MLG) does not comply with certification specifications, which could result in a locking failure of the MLG side stay. This proposed AD would require modification or replacement of certain MLG side stay assemblies. We are proposing this AD to prevent possible collapse of the MLG during takeoff and landing.

This action establishes Class E airspace in Lakota, ND. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures developed at Lakota Municipal Airport, for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for certain Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This proposed AD was prompted by an occurrence that was reported of rudder pedal restriction on a SAAB Model 2000 airplane with the large potable water system (LPWS) installed, equipped with in-line heaters. This proposed AD would require installation of shrinkable tubes on the water piping of the basic potable water system (BPWS). We are proposing this AD to prevent water spray in case of a failed pipe or coupling during water filling on the ground. This condition, if not corrected, could freeze parts of the flight control system possibly resulting in reduced control of the airplane.