Department of Transportation February 2018 – Federal Register Recent Federal Regulation Documents

This notice details the application requirements and procedures to obtain grant \1\ funding for eligible projects under the Restoration and Enhancement (R&E) Grants Program. This notice makes available R&E Grants Program funding provided by the Consolidated Appropriations Act, 2017, Div. K, Tit. I, Public Law 115-31 (Appropriations Act). The opportunities described in this notice are available under Catalog of Federal Domestic Assistance (CFDA) number 20.324, ``Restoration and Enhancement.''

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). 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 OMB for review and comment. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on November 27, 2017.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for renewal of an existing information collection that is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

We propose to adopt a new airworthiness directive (AD) for AgustaWestland S.p.A. (AgustaWestland) Model AW189 helicopters. This proposed AD would require inspecting the tail gearbox (TGB) fitting for a crack. This proposed AD is prompted by a report of a crack on a TGB fitting that was found during a scheduled inspection. The actions of this proposed AD are intended to prevent an 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, -500 series airplanes. This proposed AD was prompted by reports of cracking in certain flanges, and the adjacent web, of the wing outboard flap track at certain positions. This proposed AD would require an inspection to determine the part number of the wing outboard flap track assembly; repetitive inspections of each affected wing outboard flap track for discrepancies, and applicable on-condition actions; and repetitive overhaul of each wing outboard flap track. We are proposing this AD to address the unsafe condition on these products.

This action proposes to amend Class E surface area airspace and Class E airspace extending upward from 700 feet above the surface at Waimea-Kohala Airport, Kamuela, HI. The part-time Notice to Airmen (NOTAM) status would be removed from Class E surface area airspace, references to the Kamuela VOR/DME would be removed from all associated Class E airspace areas, and airspace boundaries would be modified to only that area necessary to contain instrument flight rules (IFR) operations at the airport. Airspace redesign is necessary as the FAA transitions from ground-based to satellite-based navigation for the safety and management of the national airspace system. Also, an editorial change would be made removing the airport name and replacing it with the city in the airspace designators for the above airspace areas.

This action proposes to amend Class D airspace, Class E surface area airspace, and Class E airspace extending upward from 700 feet above the surface, at Aurora State Airport, Aurora, OR. After a biennial review the FAA found modification necessary to accommodate airspace redesign for the safety and management of instrument flight rules (IFR) operations at the airport. Additionally, an editorial change would be made removing the city associated with the airport name in the airspace designations. Also, this proposal would make an editorial change to the Class D airspace legal description replacing Airport/Facility Directory with the term Chart Supplement.

This action proposes to remove Class E airspace extending upward from 700 feet above the surface at Desert Rock Airport, Mercury, NV. This airspace is not required, as there are no instrument flight rules (IFR) operations at the airport.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the City of Hawthorne, California. On April 11, 2014, the FAA determined that the noise exposure maps submitted by the City of Hawthorne were in compliance with applicable requirements. On December 18, 2017, the FAA approved the Hawthorne Municipal Airport Noise Compatibility Program. All 11 of the recommendations of the program were approved. No program elements relating to new or revised flight procedures for noise abatement were proposed by the airport operator.

This is notification of criteria used to evaluate the Millennium Engineering and Integration Company (MEI) safety approval application. This Notice publishes the criteria that the FAA used to evaluate the safety approval application pursuant to FAA regulations. Background: MEI applied for, and received, a safety approval for its ability to provide its Flight Analyst Workstation (FAWS) as a component of the process to build flight rules, generate the Mission Data Load (MDL), and verify the MDL prior to loading it onto a launch vehicle's autonomous flight safety unit (AFSU). The FAA issued MEI the safety approval, subject to the provisions of Title 51 U.S.C. Subtitle V, ch. 509, and the orders, rules and regulations issued under it. This Notice is published pursuant to Title 14 Code of Federal Regulations (14 CFR 414.35). MEI may offer FAWS as a component of the process of generating and verifying MDLs for AFSUs to a prospective launch or reentry operator to meet the applicable requirements of 14 CFR 417.123(b), (d), and (e), and Sec. 417.309(h). Criteria Used To Evaluate Safety Approval Application: The performance criteria used to evaluate the FAWS as a component of the process of generating and verifying MDLs for AFSUs included the following FAA regulations, NASA standard, U.S. Air Force manuals or instructions, industry standard, and MEI-developed standards: 14 CFR 417.309(h) Flight Safety System AnalysisSoftware and Firmware and 14 CFR 417.123 Computing Systems and Software. NASA-STD-8719.13C Software Safety Standard. AFSPCMAN 91-710 (v1) Range Safety Policies and Procedures, AFSPCMAN 91-710 (v2) Range Safety User Requirements Manual, Volume 2Flight Safety Requirements, AFSPCMAN 91-712 Launch Safety Software and Computing System Requirements, and 45 SWI 91-701 45th Space Wing Launch Safety Software Management. CMMI-Dev (ML3) Capability Maturity Model Integration. MEI-000071 Configuration Management, MEI-000120 Requirements Development and Management, MEI-000124 Technical Solution, MEI-000149 Agile Software Development Process, and MEI-000125 Verification and Validation.

FMCSA reaffirms its renewal of the Recreation Vehicle Industry Association's (RVIA) exemption from the Federal commercial driver's license (CDL) requirements for drivers who deliver certain newly manufactured motorhomes and recreational vehicles (RV) to dealers or trade shows before retail sale (driveaway operations). The FMCSA announced its decision to renew RVIA's exemption on April 12, 2017, pending a review of any comments received in response to that notice. Three comments were submitted, none opposing the renewal. The Agency has determined that RVIA's operations may continue in accordance with the terms and conditions of the exemption renewal announced in April. The Agency believes that drivers who qualify for the exemption will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the CDL requirements.

FMCSA grants a limited 90-day waiver from certain requirements concerning proof of U.S. citizenship or legal permanent residence and domicile to enable State driver licensing agencies (SDLAs) to accept commercial learner's permit (CLP) and commercial driver's license (CDL) applications from individuals relocating from Puerto Rico as a result of hurricanes Irma and Maria. This action is being taken in response to a request from the Commercial Vehicle Training Association (CVTA) to assist residents of Puerto Rico relocating from the U.S. territory to any of the States in the aftermath of hurricanes Irma and Maria. Through this waiver, the SDLAs may follow the Department of Homeland Security's exception process for persons who, for reasons beyond their control, are unable to present proof of legal permanent residency or U.S. citizenship. Further, this waiver provides a procedure under which persons who intend to domicile in the State of application may receive additional time to provide proof establishing that the State of application is the State of domicile. A CLP document issued under this waiver may not be valid for more than 90 days and must require the applicant to be actively enrolled in a CDL training school within that State. A CDL document issued under this waiver may not be valid for more than six months, by which time the individual is required to provide proof as required under existing regulations that the State that issued the CDL is his/her State of domicile. All other CLP and CDL licensing requirements must be satisfied upon initial issuance of the CLP or CDL. The Agency has determined that the waiver is within the public interest and would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with the regulation, based on the terms and conditions imposed.

Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On December 11, 2017, FRA published a notice providing a 60-day period for public comment on the ICR.

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.

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.

The Maritime Administration (MARAD) invites public comments on our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The information to be collected is necessary in order for MARAD to perform and carry out its duties required by the Merchant Marine Act of 1936 as amended. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection pertaining to hazardous materials transportation for which PHMSA intends to request renewal from the Office of Management and Budget. On September 28, 2017, PHMSA published a notice with a 60-day comment period soliciting comments on this Information Collection Renewal [82 FR 45361] under Docket No. PHMSA-2017-0073 (Notice No. 2017-04). PHMSA received five comments; however, they were outside the scope of the September 28, 2017, notice and the Hazardous Materials Regulations.

We propose to supersede Airworthiness Directive (AD) 2017-07- 07, for certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes. AD 2017-07-07 requires repetitive inspections of certain fastener holes, and related investigative and corrective actions if necessary. Since we issued AD 2017-07-07, we have determined that certain other airplanes could also be affected by the unsafe condition specified in AD 2017-07-07. This proposed AD would retain the requirements of AD 2017-07-07 and expand the applicability. We are proposing this AD to address the unsafe condition on these products.

We are adopting a new airworthiness directive (AD) for all Airbus Model A320-271N, A321-271N, and A321-272N airplanes. This AD requires de-pairing certain International Aero Engines (IAE) engines in order to continue to operate affected airplanes and discontinuing extended operations (ETOPS) for airplanes with at least one affected engine. This AD was prompted by reports of two engine in-flight shutdowns (IFSDs) and two rejected takeoffs. We are issuing this AD to address the unsafe condition on these products.

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.

FMCSA announces its decision to renew exemptions for five individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

FMCSA announces its decision to renew exemptions for 64 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 requirements in one eye.

FMCSA announces its decision to renew exemptions for 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.

FMCSA announces receipt of applications from six individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.