Department of Transportation 2016 – Federal Register Recent Federal Regulation Documents

On May 16, 2016, TK Holdings Inc. (Takata) filed a defect information report (DIR), in which it determined that a defect existed in certain passenger-side air bag inflators that it manufactured, including passenger inflators that it supplied to General Motors, LLC (GM) for use in certain GMT900 vehicles. GM has petitioned the Agency for a decision that, because of differences in inflator design and vehicle integration, the equipment defect determined to exist by Takata is inconsequential as it relates to motor vehicle safety in the GMT900 vehicles, and that GM should therefore be relieved of its notification and remedy obligations.

NHTSA is proposing to require placing a label on the passenger side sun visor of light-duty vehicles that provides information about how to submit a safety-related motor vehicle defect complaint to NHTSA. This rulemaking also proposes updating the required information in 49 CFR 575.6 for defect reporting information in owner's manuals through the addition of the text developed for this proposal. This proposal responds to the mandate in the Moving Ahead for Progress in the 21st Century Act of 2012 (MAP-21) that manufacturers be required to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety- related motor vehicle defect complaint to NHTSA; and prominently print the information described above within the owner's manual.

The Maritime Administration (MARAD), in cooperation with the U.S. Coast Guard (USCG) and the Federal Energy Regulatory Commission (FERC), announces: (1) The schedule and locations of public hearings; and (2) the availability of the Final Environmental Impact Statement (EIS) for the Delfin LNG, LLC (Delfin LNG) deepwater port license application for the exportation of natural gas. A Notice of Application that summarized the original Delfin LNG deepwater port license application was published in the Federal Register on July 16, 2015 (80 FR 42162). A Notice of Intent (NOI) 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). A Notice of Availability (NOA) and Notice of Public Meetings for the Draft EIS was published in the Federal Register July 15, 2016 (81 FR 46157). This 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 final public hearings in Cameron, Louisiana and Beaumont, Texas. The Final EIS complies with the Deepwater Port Act of 1974, as amended (33 United States Code (U.S.C.) 1501 et seq.) (DWPA) and the National Environmental Policy Act (42 U.S.C. 4332(2)(C)) (NEPA), as implemented by the Council on Environmental Quality regulations (40 CFR 1500 to 1508). MARAD and the USCG request public comments on the Final EIS and the application. Pursuant to the criteria provided in the DWPA, both Louisiana and Texas have been designated as Adjacent Coastal States (ACS) for this application.

Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that the renewals and reinstatements of the information collection requests (ICRs) abstracted below are being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the information collections and their expected burden. On September 23, 2016, FRA published a notice providing a 60-day period for public comment on the ICRs.

FMCSA announces receipt of applications from 39 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Willows-Glenn County Airport, Willows, CA. Decommissioning of the Maxwell VHF Omni-directional Range/ Tactical Air Navigation (VORTAC) navigation aid and cancellation of associated approaches has made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport. The airport's geographic coordinates also would be adjusted to match the current FAA aeronautical database.

FRA announces its intent to prepare an EIS for the Baltimore- Washington Superconducting Magnetic Levitation (Maglev) (SCMAGLEV) Project (Proposed Action) jointly with the Maryland Department of Transportation (MDOT). The Proposed Action consists of the construction and operation of a high-speed SCMAGLEV train system between Washington, DC and Baltimore, MD with an intermediate stop at Baltimore/Washington International Thurgood Marshall (BWI) Airport. FRA and MDOT will develop the EIS in compliance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq.

This action establishes Class E airspace extending upward from 700 feet above the surface at Silver Springs Airport, Silver Springs, NV. The FAA found establishment of airspace necessary for the safety and management of Instrument Flight Rules (IFR) operations under new Area Navigation (RNAV) Standard Instrument Approach Procedures at the airport.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 747-8 and 747-8F series airplanes. This AD was prompted by a report that static strength analysis has shown that the aluminum transmission aft bearing plate assemblies have inadequate structural strength for one or more of the required load cases. This AD requires removing aluminum transmission aft bearing plate assemblies from the flap track and installing titanium transmission aft bearing plate assemblies to the flap track. We are issuing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation Model S-76D helicopters. This AD requires revising the rotorcraft flight manual (RFM) to prohibit Barometric Altitude Hold (ALT) mode beyond a certain rate of climb or descent. This AD is prompted by a report of the autopilot being unable to maintain level flight during certain flight conditions. The actions specified by this AD are intended to prevent a significant pilot workload increase, pilot disorientation, and subsequent loss of control of the helicopter.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-400 series airplanes. This AD was prompted by reports of cracks in the upper chord of the overwing stub beams at body station (STA) 578 emanating from the rivet location common to the crease beam inner chord and the overwing stub beam upper chord. This AD requires repetitive inspections for cracking, and related investigative and corrective actions if necessary. We are issuing this AD to prevent the unsafe condition on these products.

We are superseding Airworthiness Directive (AD) 2007-25-08 for Eurocopter France (now Airbus Helicopters) Model SA-365N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2007-25-08 required checking the tail rotor gearbox (TGB) oil, inspecting the magnetic plug, and either replacing the TGB or performing additional inspections. This AD was prompted by reports of new occurrences of loss of yaw control due to failure of the control rod bearing. This AD requires checking the TGB oil level and replacing the bearing with a new part-numbered bearing. These actions are intended to detect and prevent damage to the bearing resulting in end play, loss of tail rotor pitch control, and subsequent loss of control of the helicopter.

We are superseding Airworthiness Directive (AD) 2006-19-12 for certain The Boeing Company Model 777-200 and -300 series airplanes. AD 2006-19-12 required inspecting the lower web of the aft fairing of the engine struts for any discoloration, and doing related investigative and corrective actions if necessary; inspecting the heat shield castings for any damage and doing corrective action if necessary; installing gap cover strips; and replacing insulation blankets with new insulation blankets. This new AD retains those requirements and also requires, depending on airplane configuration, one-time or repetitive detailed inspections for cracking and deformation, as applicable, of the aft fairing lower structure, and one-time or repetitive conductivity inspections of the aft fairing lower structure, and related investigative and corrective actions if necessary. This new AD also adds airplanes to the applicability. This AD was prompted by a report that an aft fairing lower spar web exceeded the allowable conductivity limits. We are issuing this AD to address the unsafe condition on these products.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by Burbank- Glendale-Pasadena Airport Authority under the provisions of 49 U.S.C. 47501 et seq. (formerly the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 Code of Federal Regulations (CFR) Part 150 (hereinafter referred to as ``Part 150''). These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1990). On October 10, 2013, the FAA determined that the noise exposure maps submitted by Burbank-Glendale-Pasadena Airport Authority under Part 150 were in compliance with applicable requirements. On October 24, 2016, the FAA approved the Bob Hope Airport noise compatibility program. Fifteen (15) of the eighteen (18) total number of recommendations of the program were approved. Two (2) of the eighteen (18) total number of recommendations of the program were approved in part. For one (1) of the eighteen (18) program measures there was no action required at this time. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport operator.

General Motors, LLC (GM) petitioned the Agency to alter the Part 573 defect information report (DIR) filing schedule set forth in paragraph 14 of the May 4, 2016 Amendment to November 3, 2015 Consent Order between NHTSA and TK Holdings Inc. (Takata). More specifically, GM requested that NHTSA modify the DIR schedule with respect to certain GM-branded motor vehicles to defer the filing date from December 31, 2016 to December 31, 2017. GM has since withdrawn this petition.

FMCSA confirms its decision to exempt 46 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.

FMCSA announces its decision to renew exemptions of 133 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.

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.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

This competitive solicitation is for the Zero Emission Research Opportunity (ZERO), administered by the Federal Transit Administration. Available funding is $2.75 million in FTA research funds and this solicitation also will establish eligibility for possible future funding, subject to Congressional appropriations and FTA funding approval, for ZERO. The purpose of the program is to facilitate the advancement, production, and deployment of zero emission public transportation vehicle technology and related infrastructure. FTA intends to select, and enter into cooperative agreements with, multiple (up to 3) nonprofit consortia to continue building on past research innovation and development efforts to facilitate the deployment of zero emission vehicles and associated advanced technology. Eligibility for future ZERO funding opportunities in fiscal years 2017-2020 will be limited to those nonprofit consortia selected under this fiscal year 2017 notice. Potential research partners such as transit agencies, other nonprofits, vendors, suppliers and systems integrators may work with multiple consortia. The Federal cost share of a project carried out under ZERO shall not exceed 80 percent.

Section 219(d) of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) restricted Mexico-domiciled motor carriers from leasing commercial motor vehicles (CMVs) to U.S. carriers to transport property into the United States until the international obligations under the North American Free Trade Agreement (NAFTA) chapter on cross-border trade in services were met. Given FMCSA's acceptance of applications for long-haul operating authority from Mexico-domiciled motor carriers following the conclusion of the U.S.-Mexico Cross Border Long-Haul Trucking Pilot Program, the obligations are fulfilled and the restriction is no longer applicable.

FMCSA announces a meeting of its Post-Accident Reporting (PAR) Advisory Committee on Tuesday, and Wednesday, December 6 and 7, 2016. The PAR Advisory Committee will continue the work it began as a subcommittee of the Motor Carrier Safety Advisory Committee (MCSAC) in April 2016 at the meeting of the Commercial Vehicle Safety Alliance (CVSA). Under section 5306 of the FAST Act, the PAR is charged with reviewing post-accident reports and making recommendations on the data elements required by the reports and any modifications that may improve their use through the addition of data elements. The PAR will deliberate on Task 16-1 and make recommendations to the FMCSA Administrator for transmittal to the Secretary. The meeting is open to the public for its entirety.

This action reopens the comment period for an NPRM that was published on October 17, 2016. In that document, the FAA proposed to revise its rules for pilot compartment view to allow ground tests to demonstrate compliance for night operations. The FAA is extending the comment period closing date to allow time to adequately analyze the draft advisory circulars (ACs) associated with the proposed rule and prepare comments.