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A. TOPICS BY TRANSPORT MODE.
- Final Rule (Airworthiness Directive) – “[F]or certain Honeywell ASCa Inc. emergency locator transmitters (ELTs) installed on various transport category airplanes. … [R]equires various one-time general visual inspections of the ELT transmitter units (TUs), and corrective actions if necessary.… [P]rompted by a fire on a parked and unoccupied airplane; preliminary information indicated combustion in the area of the ELT TU.”
- Final Rule (New “National Transportation Safety Board Rules of Practice”) – This dry title belies the practical significance of these new rules that the Pilot’s Bill of Rights ordered the NTSB to implement. The NTSB sits as an appellate panel to FAA administrative proceedings regarding airmen’s certificates to operate aircraft. These rules are promulgated over FAA disagreement on specific points.
- Final Rule; Disposition of Comments – Federal Aviation Administration (FAA) underscores the fact that its earlier-announced final rule mandating jet airplanes with a maximum weight of 75,000 pounds or less operating in the U.S. must be Stage 3 noise compliant – and that this applies to the 69 reported Falcon 20 Dassault Falcon 20 aircraft that are registered in the U.S. Here the FAA notes that a “hushkit” is available for GE Aviation’s CF700 engine on such aircraft.
- Interim Rule (Delay of Effective Date) – “The interim rule updates and revises regulatory tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved for maritime transportation in bulk, and that indicate how each substance’s pollution potential has been categorized.”
- Complaint (with Federal Maritime Commission) – A reminder that some economic regulation continues under U.S. transportation law: Under the Shipping Act of 1984 a non-vessel-operating common carrier (NVOCC) brings a complaint against an ocean steamship line for what the NVOCC claims were unfair and discriminatory terms included in the “service contract” (term of art under the Shipping Act of 1984).
- Notice of Withdrawal (of proposed rule) – Federal Motor Carrier Safety Administration (FMCSA) had in 2007 issued notice of proposed rulemaking, “that proposed new entry-level driver training standards for individuals applying for a commercial driver’s license (CDL) to operate commercial motor vehicles (CMVs) in interstate commerce”. FMCSA hereby withdraws that proposal because: MAP-21 instructs FMCSA to consider new entry level CDL requirements; so FMCSA thinks it best to start on this issue anew.
- Notice of Proposed Rulemaking – Federal Motor Carrier Safety Administration (FMCSA) FMCSA “proposes to adopt regulations governing the lease and interchange of passenger-carrying commercial motor vehicles (CMVs)”. The point: Identify the motor carrier who is actually operating the particular CMV (mostly inter-city buses) so as to make clear who exactly is responsible for compliance with all applicable safety regulations.
- Final Rule (Railroad/Highway Grade Crossings by Trucks with Hazmat) – Implementing the MAP-21 statute enacted in 2012, the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Administration amend both the Federal Motor Carrier Safety Regulations and Hazarouds Materials Regulations, “to prohibit a driver of a commercial motor vehicle or of a motor vehicle transporting certain hazardous materials or certain agents or toxins (hereafter collectively referenced as ‘regulated motor vehicle’) from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping”.
- Statement of Agency Policy – Federal Railroad Administration offers “interim statement of agency policy” and seeks public comment in regard to specified Federal railroad safety laws governing employees’ hours of service, especially as to, “the maximum on-duty periods and minimum off-duty periods for railroad employees performing certain functions” under two statutes enacted in 2008.
B. TOPICS BY TRANSPORT POLICY.
- Hazmat Enforcement (New Rule) – No an enforcement action; but a proposed change in the rule to bar from transport of any materials regulated by the Hazardous Materials Regulation any party that who fails to pay a civil penalty as ordered for a past violation of the HMR.
C. TOPICS BY AGENCY INITIATIVE.
No post this week.
D. TOPICS BY LEGAL DISCIPLINE.
No post this week.
E. NOTEWORTHY CRIMINAL ENFORCEMENT, CIVIL ACTIONS or INSPECTOR GENERAL AUDITS.