Department of Transportation November 21, 2019 – Federal Register Recent Federal Regulation Documents

FMCSA announces its decision to grant an exemption to Navistar, Inc. (Navistar) and two drivers from the commercial driver's license (CDL) regulations for commercial motor vehicle (CMV) drivers, Mr. Thomas Nickels, Senior Vice President, Engineering Optimization, with MAN Truck & Bus SE (MAN) in Munich, Germany, and Mr. Lukas Walter, Senior Vice President, Engineering Powertrain for MAN, each of whom holds a valid German commercial license. MAN is partnering with Navistar to develop technological advancements in fuel economy and emissions reductions. Mr. Nickels and Mr. Walter need to test drive Navistar vehicles on U.S. roads to better understand product requirements in ``real world'' environments and verify results. Navistar believes that the requirements for a German commercial license ensure that operations under the exemption would likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption.

FMCSA announces its decision to deny North Shore Environmental Construction, Inc.'s (North Shore) application for exemption from the ``14-hour rule'' of the hours-of-service (HOS) regulations for drivers responding to actual and potential environmental emergencies. FMCSA analyzed the exemption application and the public comments and determined that the applicant will not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

FMCSA announces its decision to deny the joint request from the American Bakers Association (ABA) and International Dairy Foods Association (IDFA) for an exemption from the Federal hours-of-service (HOS) rules for commercial motor vehicle (CMV) drivers. The requested exemption would have covered rivers engaged in the delivery of baked goods and milk products in anticipation of a natural disaster or emergency, such as extreme weather events, natural disasters, etc. FMCSA analyzed the application and public comments, and determined that drivers operating under the proposed exemption would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

FMCSA announces its decision to grant the National Waste & Recycling Association's (NWRA) request for exemption from the requirement that short-haul drivers utilizing the records of duty status (RODS) exception return to their normal work-reporting location within 12 hours after coming on duty. The exemption enables all NWRA members' short-haul commercial motor vehicle (CMV) drivers in the waste and recycling industry to return to their work-reporting location within 14 hours (instead of the current 12 hours) without losing their short-haul status. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

These special conditions are issued for the Robinson Helicopter Company (Robinson) Model R66 helicopter. This helicopter will have a novel or unusual design feature associated with installation of the autopilot and stability augmentation system (AP/SAS system). 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.

Yokohama Tire Corporation (YTC) has determined that certain Yokohama RY023 brand replacement commercial tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 lbs) and Motorcycles. YTC filed a noncompliance report dated July 12, 2018. YTC subsequently petitioned NHTSA on July 31, 2018, and submitted a supplemental petition on February 6, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the grant of YTC's petition.

The FAA is adopting a new airworthiness directive (AD) for certain General Electric Company (GE) GE90-115B model turbofan engines. Emergency AD 2019-21-51 was sent previously to all known operators of the GE GE90-115B model turbofan engines with certain engine serial numbers. This AD requires the removal from service of the Interstage Seal, part number 2505M72P01, from the affected engines. This AD was prompted by a recent event involving an uncontained high-pressure turbine (HPT) failure, resulting in an aborted takeoff and debris penetrating the airplane's fuselage and the other engine. The FAA is issuing this AD to address the unsafe condition on these products.