Department of Transportation May 2017 – Federal Register Recent Federal Regulation Documents

This document announces the indefinite delay of specific portions of the National Performance Management measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program Final Rule (PM#3) (RIN 2125-AF54) and announces the initiation of additional regulatory proceedings for those portions.

This action proposes to modify Class E airspace extending up to 700 feet above the surface at Wayne Municipal Airport, Wayne, NE, to accommodate new standard instrument approach procedures for instrument flight rules (IFR) operations at the airport. This action is necessary due to the decommissioning of the Wayne non-directional Radio Beacon (NDB) serving the airport, and cancellation of the NDB approach. This proposal would enhance the safety and management of IFR operations at the airport. This action also would adjust the geographic coordinates of the airport.

We are revising an earlier notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2015-05-02, which applies to all Airbus Model A318, A319, A320-211, -212, -214, -231, - 232, and -233, and A321 series airplanes. This action revises the NPRM by proposing to require revising the maintenance or inspection program to incorporate new or revised structural inspection requirements and adding airplanes to the applicability. We are proposing this AD to address the unsafe condition on these products. Since these actions impose an additional burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A310-203, -221, -222, -304, -322, -324, and -325 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the wing bottom skin at the main landing gear (MLG) reinforcing plate is subject to widespread fatigue damage (WFD). This proposed AD would require a modification of the wing bottom skin at the MLG reinforcing plate. We are proposing this AD to address the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by a report indicating that wear of the bearing plate slider bushings could cause disconnection of certain elevator hinges, which could excite the horizontal stabilizer under certain in-flight speed/altitude conditions and lead to degradation of the structure. This proposed AD would require repetitive inspections and checks of certain elevator hinges and related components, repetitive replacements and tests of the bearing plate, and related investigative and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The FHWA and the State of Utah, acting by and through its Department of Transportation (State), propose a renewal of the State's participation in the State Assumption of Responsibility for Categorical Exclusions. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act. An amended MOU would renew the State's participation in the program. The MOU will be amended by incorporating the following change: FHWA may terminate the State's participation in this program if FHWA provides the State a notification of noncompliance, and a period of not less than 120 days to take corrective action as FHWA determines necessary, and if the state fails to take satisfactory corrective action as determined by FHWA (Section 1307 of the Fixing America's Surface Transportation [FAST] Act [Pub. L. 114-94]).

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the Port Authority of New York and New Jersey for LaGuardia Airport under the Aviation Safety and Noise Abatement Act are in compliance with applicable requirements.

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 March 28, 2017. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

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 March 28, 2017. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

FMCSA announces its decision to exempt 40 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.

We propose to supersede Airworthiness Directive (AD) 2014-13- 17, for all Airbus Model A300 series airplanes; Airbus Model A300 B4- 600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Airbus Model A310 series airplanes. AD 2014-13-17 currently requires repetitive functional tests of the circuit breakers for the fuel pump power supply, and replacement of certain circuit breakers. Since we issued AD 2014-13-17, we have determined that installation of a newly developed fuel pump standard will better address the unsafe condition. This proposed AD would require installation of fuel pumps having the new standard, which would terminate the repetitive functional tests. We are proposing this AD to address the unsafe condition on these products.

These special conditions are issued for non-rechargeable lithium battery installations on The Boeing Company (Boeing) Model 747- 8 series airplanes. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. 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.

These special conditions are issued for non-rechargeable lithium battery installations on the Embraer S. A. (Embraer) Model EMB- 135BJ airplane. Non-rechargeable lithium batteries are a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. 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.

The FAA is withdrawing a previously published special conditions for the Dassault Aviation (Dassault) Model Falcon 900EX airplane. We are withdrawing the special conditions in response to Dassault's comments, submitted to the Federal Docket on December 5, 2014.

FMCSA announces its decision to renew exemptions for 81 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

FMCSA announces its decision to renew the exemptions of 145 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. FMCSA has statutory authority to exempt individuals from this rule if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals 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.

The American Pyrotechnics Association (APA), has requested an exemption for a member company, Pyro Shows of Alabama, Inc., from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. Fifty-one APA members currently hold such an exemption during the Independence Day period each year, terminating on July 8, 2020. If granted, this exemption would terminate at the same time as the other 51 exempted carriers. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.

This notice contains a summary of a petition seeking relief from the requirements pertaining to the method of determining fuel tank flammability for airplanes. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. 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.

This notice announces NHTSA's publication of a technical report estimating the fatality-reducing effectiveness of seat belts for adult and adolescent passengers in the center rear seats of passenger cars and LTVs. The report's title is: Fatality Reduction by Seat Belts in the Center Rear Seat and Comparison of Occupants' Relative Fatality Risk at Various Seating Positions.

This action proposes to modify Class E airspace extending up to 700 feet above the surface at Vivian Airport, Vivian, LA. This action is necessary due to the decommissioning of the Vivian non- directional radio beacon (NDB), cancellation of the NDB approach and removal of the reference to the Shreveport VHF Omni-Directional Radio Range Collocated Tactical Air Navigation (VORTAC). This proposed change would enhance the safety and management of standard instrument approach procedures for instrument flight rules (IFR) operations at the airport.

This action modifies Class E airspace extending upward from 700 feet above the surface at Haskell Municipal Airport, Haskell, TX. The decommissioning of the Haskell radio beacon (RBN) and cancellation of RBN approach makes it necessary to implement new area navigation (RNAV) procedures for the safety and management of instrument flight rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport.

This action proposes to modify Class E airspace extending up to 700 feet above the surface at Central Wisconsin Airport, Mosinee, WI, to accommodate new standard instrument approach procedures for instrument flight rules (IFR) operations at the airport. This action is necessary due to the decommissioning of the Mosinee outer marker (OM) and DANCI locator outer marker (LOM) and cancellation of the associated approaches, and would enhance the safety and management of IFR operations at the airport. This action would also update the geographic coordinates of the airport and the Wausau VHF Omni-Directional Radio Range and Collocated Tactical Air Navigation (VORTAC). This proposal would also update the geographic coordinates in Class D and Class E surface area airspace, and would make an editorial change in the legal description by replacing Airport/Facility Directory with the term Chart Supplement.