Department of Transportation October 2017 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Renewal of an Approved Information Collection: Motor Carrier Records Change Form
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The purpose of this ICR titled ``Motor Carrier Records Change Form,'' is to more efficiently collect information the Office of Registration and Safety Information (MC-RS) requires to process name and address changes and reinstatements of operating authority.
Hours of Service of Drivers: Application for Exemption; National Pork Producers Council (NPPC)
FMCSA announces that the National Pork Producers Council (NPPC) has requested an exemption from the requirement that a motor carrier require each of its drivers to use an electronic logging device (ELD) no later than December 18, 2017, to record the driver's hours-of- service (HOS). NPPC states it requests the exemption for all livestock haulers as defined in the application (i.e., transporters of livestock, poultry, aquaculture, and insects) to address an incompatibility between the FMCSA's HOS rules and the current structure and realities of the U.S. livestock industry. NPPC states that the livestock haulers will not be prepared to meet the December 18, 2017, compliance date for installing ELDs. NPPC believes that the exemption, if granted, would achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. FMCSA requests public comment on NPPC's application for exemption.
Membership in the National Parks Overflights Advisory Group
The Federal Aviation Administration (FAA) and the National Park Service (NPS) invite interested persons to apply to fill one current vacancy and one upcoming vacancy on the National Parks Overflights Advisory Group (NPOAG). This notice invites interested persons to apply to fill the openings, one of which represents air tour operator interests and one of which represents Native American concerns.
Hours of Service of Drivers: Application for Exemption; Hub Group Trucking Inc.
FMCSA announces that the Hub Group Trucking Inc. (HGT) has requested an exemption from the electronic logging device (ELD) requirements to permit an alternative grandfather period for any commercial motor vehicles added to HGT's fleet after the December 18, 2017, compliance date. HGT reports that all of its 2,700 trucks are equipped with automatic on-board recording devices (AOBRDs) and it expects to add at least 160 trucks to its fleet in 2018. If the exemption is granted it would allow HGT to equip the additional trucks with AOBRDs instead of the required ELDs until the company's full transition to ELDs can be accomplished. HGT is confident that its AOBRD-compliant approach between December 18, 2017, and its full transition to ELDs by the end of 2018, would achieve a level of safety that is at least equivalent to the level of safety that would be obtained by strict compliance with a mixed AOBRD-ELD fleet.
Notice of Submission of Proposed Information Collection to OMB Agency Request for Renewal of a Previously Approved Collection: On-Line Complaint Form for Service-Related Issues in Air Transportation
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Department of Transportation's intention to renew an OMB control number for an on-line complaint form by which a consumer can electronically submit a service-related complaint against an airline and other travel-related companies.
Eighteenth Tactical Operations Committee (TOC) Meeting
The FAA is issuing this notice to advise the public of a meeting of the Eighteenth TOC Meeting.
Thirteenth RTCA SC-229 406 MHz ELT Joint Plenary With EUROCAE WG-98
The FAA is issuing this notice to advise the public of a meeting of Thirteenth RTCA SC-229 406 MHz ELT Joint Plenary with EUROCAE WG-98.
Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles
This final rule addresses a petition for reconsideration of the final rule for FMVSS No. 136, Electronic stability control systems for heavy vehicles. The petitioner, Truck and Engine Manufacturers Association (EMA), requested that NHTSA amend the test conditions for the agency's performance test by allowing a larger lane width for long wheelbase truck tractors. After a careful technical review of the petition and the issues raised by the petitioner, the agency has decided to grant the petition because there is sufficient evidence to indicate that a larger lane width is needed for testing of long wheelbase truck tractors.
Petition for Exemption; Summary of Petition Received; Airlines for America
This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation 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.
Hours of Service of Drivers: Application for Exemption; Motion Picture Association of America
FMCSA announces that the Motion Picture Association of America (MPAA) has requested an exemption from the electronic logging device (ELD) requirements for all commercial motor vehicle (CMV) drivers providing transportation to or from a theatrical or television motion picture production site. MPAA request this exemption to allow these drivers to complete paper records of duty status (RODS) instead of using an ELD device. MPAA believes that the exemption would not have any adverse impacts on operational safety because drivers would remain subject to the hours-of-service (HOS) regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on MPAA's application for exemption.
Hours of Service of Drivers: Application for Exemption; Western Equipment Dealers Association (WEDA)
FMCSA announces that the Western Equipment Dealers Association (WEDA) has requested an exemption on behalf of several other organizations and their membership from the requirement that no later than December 18, 2017, a motor carrier require each of its drivers to use an electronic logging device (ELD) to record the driver's hours-of- service (HOS). WEDA states that equipment dealer operations in agriculture constitute unique circumstances that warrant the requested exemption, and not granting it will pose an undue burden on equipment dealers and their customers without any measurable safety benefit. In its application, WEDA seeks a five-year, renewable exemption from the ELD requirements which, the organization states, if granted will achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the proposed exemption. FMCSA requests public comment on WEDA's application for exemption.
Notice of Proposed Buy America Waiver for Motor Brakes and Machinery Brakes for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida
The Federal Transit Administration (FTA) received a request from the Florida Department of Transportation (FDOT) for a Buy America non-availability waiver for the procurement of motor brakes and machinery brakes (collectively, ``the brake units'') for the SE 3rd Avenue Bascule Bridge Modification in Fort Lauderdale, Florida, as part of the Wave Streetcar project because there are no domestic manufacturers of the brake units. FTA is providing notice of the non- availability waiver request and seeks public comment before deciding whether to grant FDOT's request. The size of the disc and drum brakes required for this bridge are not domestically available, and the Federal Highway Administration (FHWA) granted FDOT waivers for this equipment for another project. FTA is providing notice of the waiver request and seeks public comment before deciding whether to grant the request.
National Transit Database Reporting Changes and Clarifications
This notice provides information on proposed changes and clarifications to the National Transit Database (NTD) reporting requirements. All proposed changes and clarifications are proposed to be effective for report year 2017 (beginning in September 2017).
Agency Information Collection Activities; Approval of a New Information Collection Request: Flexible Sleeper Berth Pilot Program
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. The purpose of this notice is to allow for 30 days of public comment. FMCSA proposes a pilot program to allow temporary regulatory relief from the Agency's sleeper berth regulation for a limited number of commercial drivers who have a valid commercial driver's license (CDL), and who regularly use a sleeper berth to accumulate their required 10 hours of non-duty work status. During the pilot program, participating drivers would have the option to split their sleeper berth time within parameters specified by FMCSA. Driver metrics would be collected for the duration of the study, and participants' safety performance and fatigue levels would be analyzed. This pilot program seeks to produce statistically reliable evidence on the question as to whether split sleeper berth time affects driver safety performance and fatigue levels.
Hours of Service of Drivers: Application for Exemption; Pipe Line Contractors Association (PLCA)
FMCSA announces its decision to deny the application of the Pipe Line Contractors Association (PLCA) from the requirement that a motor carrier install and require each of its drivers to use an electronic logging device (ELD) to record the driver's hours-of-service (HOS) no later than December 18, 2017. PLCA had requested the exemption for all pipeline contractor vehicle drivers who typically use the short-haul exception to the logging requirement, which also exempts them from using ELDs. Sometimes, however, they may exceed the conditions of the short-haul exception more than 8 days in a 30-day period, which would subject them to the ELD rule. FMCSA has analyzed the exemption application and public comments, and has determined that the applicant would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. FMCSA therefore denies PLCA's application for exemption.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt 41 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt 89 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce.
Third RTCA SC-236 Joint Plenary With EUROCAE WG-96
The FAA is issuing this notice to advise the public of a meeting of Third RTCA SC-236, Wireless Airborne Intra Communications (WAIC), joint Plenary with EUROCAE WG-96.
Special Conditions: Boeing Model 777-300ER Airplanes; Passenger-Cabin High-Wall Suites
These special conditions are issued for Boeing Model 777-300ER airplanes with high-wall suites installed in the passenger cabin. This installation is novel or unusual, and the applicable airworthiness regulations do not contain adequate or appropriate safety standards for this interior configuration. 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.
Airworthiness Directives; Bombardier, Inc., Airplanes
We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This AD was prompted by reports of fuel leaks in the engine and auxiliary power unit (APU) electrical fuel pump (EFP) cartridge/canister electrical connectors and conduits. This AD requires repetitive inspections for fuel leakage at the engine and APU fuel pumps, and related investigative and corrective actions if necessary. We are issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by reports of skin doublers that disbonded from their skin panels. This AD requires repetitive inspections of fuselage skin panels, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.
Harley-Davidson Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Harley-Davidson Motor Company, Inc. (Harley-Davidson), has determined that certain model year (MY) 2016-2017 Harley-Davidson XL 1200CX Roadster motorcycles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Harley-Davidson filed a noncompliance information report dated November 4, 2016. Harley-Davidson also petitioned NHTSA on November 28, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.
Porsche Cars North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance
Porsche Cars North America, Inc. (PCNA), on behalf of Dr. Ing. h.c.F. Porsche AG (PAG), has determined that certain model year (MY) 2017 Porsche 911 Turbo and Porsche 911 Turbo Cabriolet motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101, Controls and Displays, and FMVSS No. 135, Light Vehicle Brake Systems. PCNA filed a noncompliance report dated March 16, 2017. PCNA also petitioned NHTSA on March 17, 2017, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.
Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in Ohio; Statute of Limitations on Claims
The FHWA, on behalf of ODOT, is issuing this notice to announce actions taken by ODOT that are final. The actions relate to the proposed modification of the existing interchange at Interstate Route 71 (I-71), United States Route 36 (US-36), and State Route 37 (SR-37) in the County of Delaware, State of Ohio. Those actions grant licenses, permits, and approvals for the project.
Automated Driving Systems 2.0: A Vision for Safety; Listening Session
NHTSA is announcing a public meeting to seek input regarding the recently released Automated Driving Systems 2.0: A Vision for Safety. In this document, NHTSA provides Voluntary Guidance to support the automotive industry and other key stakeholders as they consider and design best practices for the testing and deployment of Automated Driving Systems (ADSs), Best Practices for Legislatures, as well as a framework for States to develop procedures and considerations for the safe operation of ADSs on public roadways. The objective of the public meeting is to identify if further clarification is necessary to support voluntary implementation of the new Voluntary Guidance. The public meeting will be an open listening session style to provide as great an opportunity for comment as possible. All comments will be oral and any presentations should be submitted to the docket for consideration.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. 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.
Availability of Draft DOT Strategic Plan for FY 2018-2022 and Request for Public Comment
The Office of the Secretary of Transportation invites the public to comment on the draft DOT Strategic Plan for FY 2018-2022.
Traffic Records Program Assessment Advisory; Public Comment
The National Highway Traffic Safety Administration (NHTSA) is in the process of reviewing the Traffic Records Program Assessment Advisory, DOT HS 811 644, (Advisory) and requests comments to determine if updates or improvements are appropriate. States need timely, accurate, complete, and uniform traffic records to identify and prioritize traffic safety issues and to choose appropriate safety countermeasures and evaluate their effectiveness. The Advisory provides information on the contents, capabilities, and data quality attributes of an effective traffic records system, and includes assessment questions that qualified independent assessors use to evaluate the capabilities of a State's traffic records systems. Based on the input received in response to this notice, and NHTSA's experience in applying the previous Advisory to conduct assessments in the past, we anticipate issuing a revised Advisory by June 2018.
Revisions to the Cost-of-Capital Composite Railroad Criteria
The Surface Transportation Board (STB or Board) is adopting a final action to update one of the screening criteria used to create the ``composite railroad'' for the Board's annual cost-of-capital determination. This final action requires a company's stock to be listed on either the New York Stock Exchange (NYSE) or the Nasdaq Stock Market (NASDAQ), rather than on either the NYSE or American Stock Exchange (AMEX), as the AMEX no longer exists.
Establishment of Interim National Multimodal Freight Network
DOT is extending the deadline and comment period for materials related to the Interim National Multimodal Freight Network (Interim NMFN), as established in a notice published on June 6, 2016 at 81 FR 36381. The original notice asked for comments by September 6, 2016. The reopening and extension of the comment period is based on input received from DOT stakeholders that the September 6, 2016 closing date did not provide sufficient time for submission of comments to the Department, as well as an analysis that some comments submitted by States did not include the required statutory certification. DOT agrees that the comment period should be reopened and extended. Therefore, the comment period on the establishment of the Interim NMFN is reopened.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. 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.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, - 114, and -115 airplanes; Model A320-211, -212, -214, and -216 airplanes; and Model A321-111, -112, -211, -212, and -213 airplanes. This proposed AD was prompted by a review of maintenance instructions for a blend repair of the snout diameter of the main beam assembly of the forward engine mount that would create an excessive gap between the bearing mono-ball and the snout. This proposed AD would require modifying the main beam assembly of the forward engine mount. We are proposing this AD to address the unsafe condition on these products.
Proposed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Arizona, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)
The FHWA and the State of Arizona, acting by and through its Department of Transportation (State), propose participation of the State in the Categorical Exclusion Assignment program. 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.
Airworthiness Directives; Dassault Aviation Airplanes
We propose to adopt a new airworthiness directive (AD) for all Dassault Aviation Model FAN JET FALCON, FAN JET FALCON SERIES D, E, F, and G airplanes; and certain Model MYSTERE-FALCON 20-C5, 20-D5, 20-E5, and 20-F5 airplanes. This proposed AD was prompted by reports of the collapse of the main landing gear on touchdown. This proposed AD would require an electrical modification of the landing gear sequence logic. We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Dassault Aviation Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Dassault Aviation Model MYSTERE-FALCON 900, FALCON 900EX, FALCON 2000, and FALCON 2000EX airplanes. This proposed AD was prompted by reports of a loose screw on certain slat mechanical stop assemblies, and punctures in certain fuel caps. This proposed AD would require a one-time inspection, and corrective action if necessary. We are proposing this AD to address the unsafe condition on these products.
Reflex & Allen USA, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance
Reflex & Allen USA, Incorporated (RAUS), has determined that certain Reflex & Allen air brake tubing products do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a noncompliance information report dated September 1, 2016, and amended it on September 13, 2016. RAUS also petitioned NHTSA on September 30, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety.
Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters
We are adopting a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This AD requires adding operating limitations to a rotorcraft flight manual (RFM). This AD is prompted by test results showing decoupling of the flight director (FD) in certain flight conditions. The actions of this AD are intended to address an unsafe condition on these products.
Airworthiness Directives; Airbus Airplanes
We are superseding Airworthiness Directive (AD) 2015-05-02, which applied to all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, - 231, and -232 airplanes. AD 2015-05-02 required revising the maintenance or inspection program to incorporate new, more restrictive airworthiness limitations. This new AD requires revising the maintenance or inspection program to incorporate new or revised structural inspection requirements and adds airplanes to the applicability. This AD was prompted by an evaluation by the design approval holder (DAH), which indicates that principal structural elements and certain life-limited parts are subject to widespread fatigue damage (WFD). We are issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; British Aerospace Regional Aircraft Airplanes
We propose to supersede Airworthiness Directive (AD) 2007-08- 06 for British Aerospace Regional Aircraft Models HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes. This 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 the need for airworthiness limitations for critical components in the main and nose landing gear assemblies. We are issuing this proposed AD to require actions to address the unsafe condition on these products.
Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation
This notice requests comments on a tentative decision by NHTSA that certain vehicles that do not comply with all applicable Federal motor vehicle safety standards (FMVSS), but that are certified by their original manufacturer as complying with all applicable Canadian motor vehicle safety standards (CMVSS), are nevertheless eligible for importation into the United States. The vehicles in question either are substantially similar to vehicles that were certified by their manufacturers as complying with the U.S. safety standards and are capable of being readily altered to conform to those standards, or have safety features that comply with, or are capable of being altered to comply with, all U.S. safety standards.
List of Nonconforming Vehicles Decided To Be Eligible for Importation
This document revises the list of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is published in an appendix to the agency's regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2016, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register.
Notice of Final Federal Agency Actions on Proposed Highway in California
The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final. The actions relate to a proposed highway project, located on State Route 20 between post miles R18.07/20.25 in the County of Yuba, State of California. Those actions grant licenses, permits, and approvals for the project.
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