Department of Transportation February 2019 – Federal Register Recent Federal Regulation Documents

The FAA proposes to revise a regulation that imposes a duplicative requirement on foreign applicants for type certificates of import products. Existing FAA regulations require all applicants to submit two documents: A compliance listing to document the means of compliance with applicable standards; and a corresponding statement of compliance from the applicant certifying that all the requirements in the certification basis have been complied with. These compliance documents are duplicative and redundant to the certifying statement that the FAA already requires from the foreign civil aviation authority of the country or jurisdiction having State of Design responsibility for the design approval holder of the product. The FAA proposes to no longer require either the compliance listing or the accompanying statement of compliance from the foreign applicant.

FMCSA withdraws its September 3, 2003, notice concerning exemptions for certain individuals with insulin-treated diabetes mellitus (ITDM) and its November 8, 2005, revision. This action is in response to the Qualifications of Drivers; Diabetes Standard final rule, published on September 19, 2018, which revised the physical qualifications standard for ITDM individuals who wish to operate commercial motor vehicles (CMVs) in interstate commerce. The revised standard allows certified medical examiners, in consultation with the treating clinician, to evaluate and determine whether to grant an ITDM individual a medical examiner's certificate (MEC) to drive a CMV in interstate commerce. FMCSA has determined, therefore, that an exemption program for ITDM individuals is no longer necessary.

FMCSA announces its decision to renew exemptions for 61 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.

The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2018. The decision solicits comments on the following issues: The railroads' 2018 current cost of debt capital; the railroads' 2018 current cost of preferred equity capital (if any); the railroads' 2018 cost of common equity capital; and the 2018 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost-of-capital components listed above using the same methodology followed in Railroad Cost of Capital2017, EP 558 (Sub-No. 21) (STB served Dec. 6, 2018).

WestRock, formerly known as RockTenn has requested a renewal of its exemption from certain provisions of the hours-of-service (HOS) requirements for drivers of property-carrying vehicles. WestRock currently holds an exemption for the period April 17, 2014, through April 16, 2019 for 11 shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products over a 275-foot stretch of public road between its shipping and receiving locations. WestRock requested an exemption from the 14-hour rule and the requirement for 10 consecutive hours off duty before the start of the workday. The renewal of the exemption would allow these individuals occasionally to drive after the 14th hour after coming on duty and allow them to return to work following eight consecutive hours off-duty. FMCSA requests public comment on WestRock's application for exemption.

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Stoneridge, Inc.'s (Stoneridge) application for a limited 5-year exemption to allow motor carriers to operate commercial motor vehicles (CMV) with the company's MirrorEyeTM Camera Monitor System (CMS) installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations (FMCSR). The Agency has determined that granting the exemption to allow use of the MirrorEyeTM system in lieu of mirrors would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.

FMCSA announces receipt of applications from 30 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.

We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued 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 an incorrect size bolt may have been used to assemble the elevator bellcrank pivot joint. We are issuing this AD to require actions to address the unsafe condition on these products.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Charleston, Mississippi County Airport in Charleston, MO. The FAA is proposing this action due to the decommissioning of the Charleston non-directional radio beacon (NDB).

The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. 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 requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. 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 requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.

In accordance with the Privacy Act of 1974, the U.S. Department of Transportation proposes to reissue, with updates, a system of records, ``Department of Transportation/OST-008 Departmental Advisory Committee Files.'' This system of records allows the Department to collect and maintain records submitted to the Department by or in connection with applicants for members on a Department of Transportation advisory committees to enable the Department to make decisions about committee membership and manage committees. The Department also consolidating an existing system of records notice, ``DOT/RSPA 08, Technical Pipeline Safety Committees for Natural Gas and Hazardous Liquids'' with this system and rescinding the notice for DOT/ RSPA 08.

This document grants in full the General Motors Corporation's (GM) petition for exemption of the Buick Encore vehicle line in accordance with Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard (Theft Prevention Standard).

This document grants in full the Fiat Chrysler Automobiles US LLC's, (FCA) petition for exemption of the Jeep Gladiator vehicle line in accordance with Exemption from Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. (Theft Prevention Standard).

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Mettel Field Airport, Connersville, IN, and Richmond Municipal Airport, Richmond, IN. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Richmond VHF omnidirectional range (VOR) navigation aid, which provided navigation information for the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program. The geographic coordinates of the airports would also be updated to coincide with the FAA's aeronautic database. Airspace redesign is necessary for the safety and management of instrument flight rules (IFR) operations at these airports.

This action amends Class E airspace extending upward from 700 feet above the surface at Corry-Lawrence Airport, Corry, PA, to accommodate airspace reconfiguration due to the decommissioning of the Corry non-directional radio beacon and cancellation of the NDB approach. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also would update the geographic coordinates of this airport.

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.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Sibley Municipal Airport in Sibley, IA. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Sibley non- directional radio beacon (NDB).

By Federal Register notice on July 31, 2018 the National Park Service (NPS) and the Federal Aviation Administration (FAA) invited interested persons to apply to fill one current and three future openings on the National Parks Overflights Advisory Group (NPOAG) to represent air tour operator concerns, general aviation, and Native American interests. This notice informs the public of the selection made for the vacancies representing air tour operator concerns and Native American interests and invites persons interested in serving on the NPOAG to apply for current openings representing Native American concerns and general aviation.

FMCSA announces its decision to grant the American Pyrotechnics Association (APA) an exemption from the hours-of-service (HOS) regulations that require a motor carrier to install and require each of its drivers to use an electronic logging device (ELD) to record the driver's HOS. APA requested the exemption for APA member companies currently holding an exemption from the HOS 14-hour rule during the Independence Day season. These member companies will continue to use paper records of duty status (RODS) in lieu of an ELD during the designated Independence Day periods. FMCSA has determined that the terms and conditions of the exemption ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.

We are superseding Airworthiness Directive (AD) 2018-11-16 for all Engine Alliance (EA) GP7270 and GP7277 turbofan engines with a certain engine fan hub assembly. AD 2018-11-16 required a one-time eddy current inspection (ECI) of the engine fan hub blade slot bottom and blade slot front edge for cracks, a visual inspection of the engine fan hub assembly for damage, and removal of parts if damage or defects are found that are outside serviceable limits. This AD retains these requirements, but expands the population of affected engine fan hub assemblies and revises the compliance time for the inspections. This AD was prompted by the FAA's determination that inspections need to be expanded to all EA GP7270 and GP7277 turbofan engines. We are issuing this AD to address the unsafe condition on these products.

FMCSA announces its decision to deny applications from 32 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting 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 operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce.

We are removing Airworthiness Directive (AD) 2014-05-06 R1, which applied to Airbus Helicopters Deutschland GmbH (type certificate previously held by Eurocopter Deutschland GmbH) Model EC135 and MBB-BK 117 C-2 helicopters. AD 2014-05-06 R1 required installing bushings and washers on the flight controls. This action is prompted by an error in the issuance of 2014-05-06 R1. Accordingly, AD 2014-05-06 R1 is removed.