Department of Transportation 2016 – Federal Register Recent Federal Regulation Documents

As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-21 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Class I Railroad Annual Reports, described below. The Board previously published a notice about this collection in the Federal Register. 81 FR 47486 (July 21, 2016). That notice allowed for a 60-day public review and comment period. No comments were received.

PHMSA is seeking nominations for individuals to serve as members for three-year terms on the Voluntary Information-Sharing System (VIS) Working Group. This is a newly created working group established in accordance with section 10 of the Protecting our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016 (Pub. L. 114-183), the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., App. 2, as amended), and 41 CFR 102-3.50(a). The Secretary of Transportation (Secretary) must convene a working group by December 19, 2016 to consider the development of a voluntary information-sharing system to encourage collaborative efforts to improve inspection information feedback and information sharing with the purpose of improving gas transmission and hazardous liquid pipeline facility integrity risk analysis. PHMSA intends to comply with section 10 of the PIPES Act of 2016 by convening a working group by December 19, 2016.

NHTSA and FMCSA have received requests to extend the comment period for their proposal that would require vehicles with a gross vehicle weight rating of more than 11,793.4 kilograms (26,000 pounds) to be equipped with a speed limiting device and that such device be maintained for the service life of the vehicle. In the proposal, NHTSA and FMCSA established a deadline for the submission of written comments of November 7, 2016. The Agencies have also received a letter opposing any extension of the comment period. To ensure that all interested parties have a sufficient amount of time to fully develop their comments, the Agencies are extending the deadline for the submission of written comments on the proposal, including comments on the Preliminary Regulatory Impact Analysis and Initial Regulatory Flexibility Analysis and Draft Environmental Assessment accompanying the proposal, by 30 days.

This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the widening of Interstate 64 for approximately eight miles between the I- 464 Interchange and the I-664/I-264 Interchange in the City of Chesapeake, Virginia. The widening project includes the replacement of the High Rise Bridge over the Elizabeth River. Those actions grant licenses, permits, and approvals for the project.

Daimler Trucks North America (DTNA), has determined that certain model year (MY) 2016-2017 Freightliner and Western Star trucks do not fully comply with Table 2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays. DTNA filed a report dated September 22, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. DTNA also petitioned NHTSA on September 22, 2016, under 49 CFR part 556 for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.

This action proposes to modify Class E surface area airspace, and Class E airspace extending upward from 700 feet above the surface, at Perry Stokes Airport, Trinidad, CO. Airspace redesign is necessary to accommodate new Area Navigation (RNAV) Standard Instrument Approach Procedures at the airport due to the decommissioning of the Trinidad Non-Directional Radio Beacon (NDB) and cancellation of associated approaches. This action would ensure the safety, efficiency, and management of Instrument Flight Rules (IFR) operations at the airport. Additionally, the airport's geographic coordinates would be updated to match the FAA's aeronautical database.

We propose to supersede Airworthiness Directive (AD) 2012-22- 12, for all Airbus Model A330-243, -243F, -341, -342, and -343 airplanes. AD 2012-22-12 currently requires inspecting piccolo tubes, piccolo tube mount links, the aft side of the forward bulkhead, and outer boundary angles (OBAs) for cracks, fractures, and broken links, and doing corrective actions if necessary. Since we issued AD 2012-22- 12, we have received reports of loose and missing attachment rivets of the inner boundary angles (IBA) and OBA of the forward bulkhead. This proposed AD would retain certain requirements of AD 2012-22-12, and add repetitive inspections for pulled, loose, and missing attachment rivets of the IBA and OBA of the forward bulkhead, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct degraded structural integrity of the engine nose cowl, which in the case of forward bulkhead damage in conjunction with a broken piccolo tube, could lead to damage to the engine and operation in icing conditions with reduced thermal anti-ice (TAI) performance.

On October 7, 2016, National Express LLC (National Express or Applicant), a noncarrier, filed an application under 49 U.S.C. 14303 to acquire control of Trinity, Inc. (Trinity), Trinity Cars, Inc. (Trinity Cars), and Trinity Student Delivery, LLC (Trinity Student) (collectively, Acquisition Carriers). The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules at 49 CFR 1182.5 & 1182.8.

The Federal Transit Administration (FTA) received a request from the Port Authority of New York and New Jersey (PANYNJ) for a Buy America public interest waiver for the procurement of equipment to replace what was damaged at the World Trade Center Transportation Hub (WTC Hub) project during Hurricane Sandy. PANYNJ seeks a public interest Buy America waiver for the replacement of equipment previously purchased for the WTC Hub. Hurricane Sandy damaged an existing construction site that receives federal funds but is not subject to FTA's Buy America requirements and the only option PANYNJ had to implement Sandy recovery work was to replace the damaged equipment with the same equipment previously acquired for the project. 49 U.S.C. 5323(j)(2)(A) and 49 CFR 661.7(b). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the public interest waiver request and seeks public comment before deciding whether to grant the request. If granted, the waiver would only apply to replacement of equipment damaged by Hurricane Sandy at the WTC Hub project and would not apply to any other PANYNJ resiliency projects for which FTA has provided funding.

The Federal Aviation Administration (FAA) announces that it has discontinued preparation of an Environmental Impact Statement (EIS) for the proposed construction of new Runway 5R/23L and associated development at Norfolk International Airport, Norfolk, Virginia. The FAA's discontinued preparation of the EIS is based upon the completion of the first phase of the EIS. Based on the results of the first phase (Scoping and Purpose & Need development), the FAA has determined that the fundamental purpose and need is not supported by the current or anticipated development needs of the Airport at this time.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model MD-90-30 airplanes. This AD requires a detailed inspection of the forward and aft surfaces on the left and right sides at the cant station 1520 bulkhead for any crack in the upper cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee cap between longerons 3 through 11, and repairs if necessary. This AD was prompted by a report of cracking in various structures in the fuselage cant station 1520 bulkhead. We are issuing this AD to detect and correct cracking in the bulkhead, which could result in reduced structural integrity of the airplane.

This action establishes Class E airspace at Murray, KY, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Murray Calloway County Hospital Heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the heliport.

This action amends Class E airspace designated as an extension, and Class E airspace extending upward from 700 feet above the surface at Mahlon Sweet Field Airport, Eugene, OR, to accommodate airspace redesign for the safety and management of Instrument Flight Rules (IFR) operations at the airport. Corvallis Municipal Airport is removed from the Mahlon Sweet Field Airport regulatory text by creating a stand-alone airspace designation for the airport. Additionally, this action updates the airport reference points for these airports in Class D and E airspace, as well as removes the Notice to Airmen (NOTAM) requirement noted in Class E surface area airspace.

This action proposes to amend Class E airspace at Monongahela, PA, as the Allegheny VHF Omni-directional Range, (VOR), has been decommissioned, requiring airspace reconfiguration at Rostraver Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

We propose to adopt a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/ 350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1- H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. 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 certain combinations of the aileron counterweight and the attaching parts possibly resulting in reduced thread engagement and leading to disconnection of the aileron counterweight from the aileron. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2012-24-06 for certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. AD 2012-24-06 required replacing the stall warning computer (SWC) with a new SWC that provides an artificial stall warning in icing conditions, and modifying the airplane for the replacement of the SWC. This new AD adds airplanes to the applicability, and adds requirements to replace the existing SWCs with new, improved SWCs, and to modify the airplane for the new replacement of the SWC. This new AD also reduces the compliance time for replacing the SWCs. This AD was prompted by a determination that airplanes with certain modifications were excluded from the applicability in AD 2012-24-06, and are affected by the identified unsafe condition; and that the SWC required by AD 2012-24-06 contained erroneous logic. We are issuing this AD to prevent natural stall events during operation in icing conditions, which could result in loss of control of the airplane.

PHMSA is publishing this notice to seek public comments on a request for special permit, seeking relief from compliance with certain requirements in the federal pipeline safety regulations. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request.

The Fixing America's Surface Transportation Act (FAST Act) established the Nationally Significant Freight and Highway Projects (NSFHP) program to provide Federal financial assistance to projects of national or regional significance and authorized the program at $4.5 billion for fiscal years (FY) 2016 through 2020, including $850 million for FY 2017 to be awarded by the Secretary of Transportation. The U.S. Department of Transportation (USDOT/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 purpose of this notice is to solicit applications for FY 2017 grants for the FASTLANE program. The Department also invites interested parties to submit comments about this notice's contents to public docket DOT-OST-2016-0016 by December 31, 2016.

The Department of Transportation is issuing a third ``Enhancing Airline Passenger Protections'' final rule to enhance protections for air travelers and to improve the air travel environment as follows: Expanding the pool of reporting carriers for service quality data; requiring reporting carriers to include service quality data for their domestic scheduled flights operated by their code-share partners; enhancing the Department's code-share disclosure regulation to codify the statutory requirement that carriers and ticket agents must disclose any code-share arrangements on their Web sites on the first display presented in response to a search of a requested itinerary for each itinerary involving a code-share operation; and prohibiting undisclosed biasing based on carrier identity by carriers and ticket agents in any electronic displays of the fare, schedule or availability information of multiple carriers. The amendments to the reporting requirements in this rule will ensure that the Department obtains and provides to the public expanded and enhanced service quality data from the airlines. The provision to strengthen the Department's code-share disclosure rule will also enhance air travel consumer protection. Additionally, this final rule corrects certain drafting errors and makes minor changes to the Department's second Enhancing Airline Passenger Protections rule to better reflect the Department's intent. Other topics covered by the proposed rule that are not addressed by this final rule will be addressed in two separate rulemakings. Specifically, the Department will be issuing a Supplemental Notice of Proposed Rulemaking (SNPRM) to seek additional information on the disclosure of fees for basic ancillary services to consumers at all points of sale. The remaining topics discussed in the 2014 notice of proposed rulemaking (e.g., customer service commitments by large ticket agents, prohibition on post-purchase price increases for ancillary services) will be addressed in another final rule that the Department plans to issue at a later date.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on April 27, 2016. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

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.

The U.S. Department of Transportation, Maritime Administration (MARAD) announces that the following U.S. Merchant Marine Academy (Academy) Board of Visitors (BOV) meeting will take place: 1. Date: November 14, 2016. 2. Time: TBD (est 10:00-10:30) a.m. 3. Location: U.S. Merchant Marine Academy, 300 Steamboat Road, Kings Point, NY; Schuyler Otis Bland Library, Crabtree Room. 4. Purpose of the Meeting: The purpose of this meeting is to brief BOV members on the State of the Academy and the Sea Year Stand Down. 5. Public Access to the Meeting: This meeting is open to the public. Seating is on a first-come basis. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location.

The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, from the number of Mishandled Baggage Reports (MBR) and the number of domestic passenger enplanements to the number of mishandled bags and the number of enplaned bags. Fees for checked baggage may have changed customer behavior regarding the number of bags checked, potentially affecting mishandled-baggage rates. Finally, this rule fills a data gap by collecting separate statistics for mishandled wheelchairs and scooters used by passengers with disabilities and transported in aircraft cargo compartments. An additional topic covered in the proposed rule, the reporting of airline fee revenues, remains open and is not addressed in this rulemaking.

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. The requested information is included in air carriers applications for insurance when insurance is not available from private sources.

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. Information is collected to determine program compliance or non-compliance of regulated aviation employers, oversight planning, to determine who must provide annual Management Information System testing information, and to communicate with entities subject to the program regulations.