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

FMCSA announces its decision to renew exemptions of 99 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.

Volkswagen Group of America, Inc. (Volkswagen), has determined that certain model year (MY) 2016 Volkswagen Beetle Convertible passenger cars do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/ Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or Less. Volkswagen filed a defect report dated February 23, 2016. Volkswagen then petitioned NHTSA on March 15, 2016, for a decision that the subject noncompliance is inconsequential to motor vehicle safety.

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes, Model DHC- 8-200 series airplanes, and Model DHC-8-300 series airplanes. This AD was prompted by several occurrences of loss of airspeed data on both pilot and co-pilot air speed indicators due to the accumulation of ice on the pitot probes caused by inoperative pitot probe heaters. This AD requires replacing the existing circuit breakers in the pitot heater system. We are issuing this AD to address the unsafe condition on these products.

FMCSA establishes new minimum training standards for certain individuals applying for their commercial driver's license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. These individuals are subject to the entry-level driver training (ELDT) requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA's Training Provider Registry (TPR). FMCSA will submit training certification information to State driver licensing agencies (SDLAs), who may only administer CDL skills tests to applicants for the Class A and B CDL, and/or the P or S endorsements, or knowledge test for the H endorsement, after verifying the certification information is present in the driver's record.

These special conditions are issued for the Embraer S.A. Model ERJ 190-300 series airplanes. These airplanes 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 an automatic braking system with a pilot-selectable function that allows earlier braking at landing without pilot pedal input. 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.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on April 29, 2016 (Volume 81, Number 83, pages 25759-25760).

The FAA is considering issuing waivers to foreign manufactures of Active and/or Passive In-Pavement Stationary Runway Weather Information Systems that meet the requirements of FAA Advisory Circular (AC) 15015220-30, Airport Winter Safety and Operations. This notice requests information from manufactures of systems meeting the technical requirements to determine whether a waiver to the Buy American Preferences should be issued. Projects funded under the Airport Improvement Program (AIP) must meet the requirements of Buy American Preferences.

This final rule updates FRA's accident/incident reporting regulations to provide the current electronic mail address railroads must use to electronically submit to FRA certain accident/incident report forms.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2013 and 2014 Ferrari F12 Berlinetta passenger cars (PCs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for sale in the United States and certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the MY 2013 and 2014 Ferrari F12 Berlinetta PC), and (2) they are capable of being readily altered to conform to the standards.

We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB- BK117 C-2 helicopters. This proposed AD would require inspecting the pilot collective wiring harness. This proposed AD is prompted by a report that a heat-shrinkable sleeve prevented the twist grip on the collective from being fully engaged during a flight test. The proposed actions are intended to prevent failure of the hoist or emergency landing gear flotation systems due to chafing of wiring caused by an incorrectly installed heat-shrinkable sleeve.

FRA is seeking public comments on its proposal to renew its Paperwork Reduction Act (PRA) clearance to participate in the Office of Management and Budget (OMB) program, ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' (OMB program). FRA will submit the information collection requirements described below to OMB for review, as required by the PRA. The OMB program was created to facilitate Federal agencies' efforts to streamline the process to seek public feedback on service delivery. Current FRA clearance under the OMB program expires May 31, 2017.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the Lehigh- Northampton Airport Authority for Lehigh Valley International Airport under the provisions of 49 U.S.C. 47501 et. seq (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Weed Airport, Weed, CA, to support the development of Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures at the airport, and for the safety and management of IFR operations within the National Airspace System.

FRA is proposing to amend its regulations for passenger equipment safety standards, which currently provide for passenger rail service in a shared right-of-way under two separate tiers of safety standards: Tier I (speeds up to 125 miles per hour (mph)) and Tier II (speeds up to 150 mph). Consistent with the regulations' approach supporting interoperable passenger rail service by sharing the right- of-way, this proposed rulemaking would add a new tier of safety standards (Tier III) to facilitate the safe implementation of interoperable high-speed passenger rail service at speeds up to 220 mph. However, Tier III standards would require operations at speeds above 125 mph to be in an exclusive right-of-way without grade crossings. The proposal also would establish crashworthiness and occupant protection performance requirements in the alternative to those currently specified for Tier I passenger trainsets. Adopting the proposed alternative crashworthiness and occupant protection requirements would remove regulatory barriers, allowing a more open U.S. rail market, incorporating recent technological designs. In addition, the proposal would increase from 150 mph to 160 mph the maximum speed FRA's existing regulations allow for passenger equipment that complies with FRA's Tier II standards.

The Surface Transportation Board (STB or Board) is adopting a final rule to establish new regulations requiring all Class I railroads and the Chicago Transportation Coordination Office (CTCO), through its Class I members, to report certain service performance metrics on a weekly, semiannual, and occasional basis.

Spartan Motors USA, Inc. (Spartan), has determined that certain model year (MY) 2013-2015 Utilimaster Vans do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant crash protection. Spartan Motors USA, Inc., filed a defect report dated January 15, 2016. Spartan then petitioned NHTSA on February 12, 2016, for a decision that the subject noncompliance is inconsequential to motor vehicle safety.

FRA is issuing Safety Advisory 2016-03 to stress to passenger and commuter railroads the importance of taking action to help mitigate human factor accidents, assist in the investigation of such accidents, and enhance the safety of operations in stations and terminals with stub end tracks. This safety advisory contains various recommendations to passenger and commuter railroads related to inward- and outward- facing cameras, sleep apnea, and operating practices to potentially mitigate the occurrence and assist in the investigation of human factor related accidents and to enhance the safety of operations in terminals and stations with stub end tracks.

We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-600, -700, -700C, -800, and -900 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the web lap splices in the aft pressure bulkhead are subject to widespread fatigue damage (WFD). This proposed AD would require repetitive inspections of the web lap splices in the aft pressure bulkhead for cracking of the fastener holes, and repair if necessary. We are proposing this AD to address the unsafe condition on these products.

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 heavy corrosion found on the wing rear spar lower girder. This AD requires inspections of the affected areas, modification of the wing trailing edge lower skin panels, and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.

In consultation with the Federal Aviation Administration (FAA), PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to align with current international standards for the air transportation of hazardous materials. The proposals in this rule would amend certain special provisions, packaging requirements, notification of pilot-in-command (NOTOC) requirements, and exceptions for passengers and crew members. In addition to harmonization with international standards, several of the proposals in this rule are responsive to petitions for rulemaking submitted by the regulated community. PHMSA invites all interested persons to provide comments regarding these proposed revisions.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 707-300, 707-300B, and 707-300C series airplanes; and certain Model 727C, 727-100C, and 727-200F series airplanes. This AD was prompted by a report indicating that a cam latch on the main cargo door (MCD) broke during flight. This AD requires various inspections and related investigative and corrective actions, if necessary. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 787-8 and 787-9 airplanes. This AD requires repetitive cycling of either the airplane electrical power or the power to the three flight control modules (FCMs). This AD was prompted by a report indicating that all three FCMs might simultaneously reset if continuously powered on for 22 days. We are issuing this AD to address the unsafe condition on these products.

The FAA is issuing this notice to advise the public of a meeting of Sixth RTCA SC-235 Non Rechargeable Lithium Batteries Plenary.

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic steel components of Airport Transit System (ATS) vehicles, ATS guideway switches, and ATS rails to be incorporated into the Chicago O'Hare International Airport Transit System Expansion & Modernization Project.