Air Carriers

air-carriers
TitlePublishedFR Doc.Description
TitlePublishedFR Doc.Description
Transportation Department -- Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment; Technical Amendment2018-Mar-222018-05859The FAA publishes this action to correct a minor, editorial error in a December 16, 2016 final rule on related aircraft proficiency checks. The FAA published a final rule to allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. The rule eliminated an inconsistency that permitted carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. As a result, the rule allowed air carriers to seek a deviation from the FSTD requirements for such proficiency checks based on a related aircraft designation and determination of an equivalent level of safety. This technical amendment removes a redundancy in the regulatory text that now exists as a result of the final rule.
Transportation Department -- Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Correcting Amendment2018-Mar-122018-04888The FAA is correcting a final rule published on December 13, 2016. In that rule, the FAA amended its regulations to allow operators to use an enhanced flight vision system (EFVS) in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation (TDZE) to the runway and to land on certain straight-in instrument approach procedures (IAPs) under instrument flight rules (IFR). As part of the final rule, the FAA inadvertently removed some regulatory text. This document corrects that error. Additionally, this document corrects the same error in an amendatory instruction of the EFVS final rule to ensure the correction to the regulation is retained when the regulation is subsequently amended on March 13, 2018.
Transportation Department -- Aviation Safety Organization Changes2018-Mar-052018-03374The FAA Aircraft Certification Service (AIR) and Flight Standards Service (AFS) have reorganized to align with functional organization design concepts. The AIR reorganization included eliminating product directorates and restructuring and re-designating field offices. The AFS reorganization included eliminating geographic regions, realigning headquarters organizations, and restructuring field offices. Currently, various rules in the Code of Federal Regulations refer to specific AIR and AFS offices that are obsolete after the reorganizations. This rule replaces specific references with generic references not dependent on any particular office structure. This rule does not impose any new obligations and is only intended to eliminate any confusion about with whom regulated entities and other persons should interact when complying with these various rules in the future.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Name Changes of Several Airports and the Addition of Five Airports2018-Feb-222018-03581This document amends U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the name changes of several airports and the designation of user fee status for five additional airports: South Texas International Airport at Edinburg in Edinburg, Texas; Florida Keys Marathon Airport in Marathon, Florida; Appleton International Airport in Appleton, Wisconsin; South Bend International Airport in South Bend, Indiana; and Conroe-North Houston Regional Airport in Conroe, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Correcting Amendment2018-Jan-102018-00225The FAA is correcting a final rule published on December 13, 2016. In that rule, the FAA amended its regulations to allow operators to use an enhanced flight vision system (EFVS) in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation (TDZE) to the runway and to land on certain straight-in instrument approach procedures (IAPs) under instrument flight rules (IFR). As part of the final rule, the FAA revised appendix F to part 121 to provide greater clarity on the checking requirements for EFVS. In amending appendix F to part 121, the FAA used amendatory instructions that inadvertently misplaced new paragraph III(c)(5). This document amends appendix F to part 121 to correct that error.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Removal of Meadows Field Airport, Bakersfield, CA and the Addition of Griffiss International Airport, Rome, NY; Van Nuys Airport, Van Nuys, CA; Cobb County Airport-McCollum Field, Kennesaw, GA; and Charlotte-Monroe Executive Airport, Monroe, NC2017-Nov-242017-25436This document amends U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the removal of user fee status for Meadows Field Airport in Bakersfield, California and the designation of user fee status for four additional airports: Griffiss International Airport in Rome, New York; Van Nuys Airport in Van Nuys, California; Cobb County Airport-McCollum Field in Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in Monroe, North Carolina. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- Recognition of Pilot in Command Experience in the Military and in Part 121 Air Carrier Operations2017-Nov-242017-25358This notice of proposed rulemaking (NPRM) would allow pilots who obtained pilot in command (PIC) experience prior to July 31, 2013, in certain air carrier operations, to count that time towards the 1,000 hours of air carrier experience required to serve as a PIC in air carrier operations today. This would correct an inadvertent omission in the Pilot Certification and Qualification Requirements for Air Carrier Operations final rule that established the air carrier experience requirement. It would also broaden the existing 500-hour credit military pilots of fixed-wing airplanes can use towards the 1,000 hours of air carrier experience by permitting pilots of select powered-lift aircraft operations to receive credit. This NPRM would also allow credit for select military time in a powered-lift aircraft flown in horizontal flight towards the 250 hours of airplane time as PIC, or second in command (SIC) performing the duties of PIC, required for an airline transport pilot (ATP) certificate.
Transportation Department -- Incorporation by Reference of ICAO Annex 2; Removal of Outdated North Atlantic Minimum Navigation Performance Specifications2017-Aug-222017-17674This rule better aligns FAA regulations regarding the North Atlantic (NAT) Minimum Navigation Performance Specifications (MNPS) with the relevant International Civil Aviation Organization (ICAO) standards. The ICAO NAT Region is transitioning from the decades-old MNPS navigation specification to a more modern, Performance-Based Navigation (PBN) specification. This rule also incorporates by reference the current version of Annex 2 (``Rules of the Air'') to the Convention on International Civil Aviation (the ``Chicago Convention''), hereinafter referred to as ``ICAO Annex 2,'' in the FAA's regulations.
Transportation Department -- Removal of References to Obsolete Navigation Systems; Technical Amendment2017-Jul-252017-15517The Federal Aviation Administration (FAA) is removing references to the obsolete navigation systems Loran, Omega and Consol that currently appear in FAA regulations.
Homeland Security Department -- Electronic Information for Cargo Exported From the United States; Technical Amendments2017-Jul-132017-14549This final rule amends U.S. Customs and Border Protection regulations regarding the requirements to provide data for certain exported cargo to conform to current requirements. Various CBP regulations regarding exported cargo refer to outdated regulations or requirements of the U.S. Census Bureau, including the requirement to submit a paper Shipper's Export Declaration (SED). The U.S. Census Bureau's Foreign Trade Regulations (FTR) have been amended to eliminate the SED and to require that the information that was previously provided on the paper SED be filed electronically through the Automated Export System. This rule amends the CBP regulations to incorporate the current requirements. The rule also makes related conforming changes as well as non-substantive editorial and nomenclature changes.
Transportation Department -- Safety Management System for Domestic, Flag and Supplemental Operations Certificate Holders; Technical Amendment2017-May-252017-10739This technical amendment corrects an error in the final rule titled Safety Management System for Domestic, Flag and Supplemental Operations Certificate Holders, published on January 8, 2015. In that rule, the FAA amended its regulations to require air carriers conducting domestic, flag and supplemental operations to put a safety management system (SMS) in place by 2018.
Transportation Department -- Enhancing Airline Passenger Protections III: Extension of Compliance Date for Provision Concerning Baggage Handling Statistics Report2017-Mar-222017-05113The Department of Transportation is amending its regulations by extending the compliance date from January 1, 2018, to January 1, 2019, for the provision concerning reporting of baggage handling statistics in the Department's final rule on enhancing airline passenger protections. This extension is necessary to ensure consistency with the change of compliance date for the Department's final rule on reporting of data for mishandled baggage and wheelchairs.
Transportation Department -- Reporting of Data for Mishandled Baggage and Wheelchairs and Scooters Transported in Aircraft Cargo Compartments; Extension of Compliance Date2017-Mar-212017-04582The Department of Transportation is amending its regulations by extending the compliance date of its final rule on reporting of data for mishandled baggage and wheelchairs in aircraft cargo compartments from January 1, 2018 to January 1, 2019. Under that final rule, the mishandled-baggage data that air carriers are required to report changed, from the number of Mishandled Baggage Reports and the number of domestic passenger enplanements to the number of mishandled bags and the number of enplaned bags. The rule also requires separate statistics for mishandled wheelchairs and scooters used by passengers with disabilities and transported in aircraft cargo compartments. This extension is in response to a request by Airlines for America (A4A) and Delta.
Transportation Department -- Transparency of Airline Ancillary Service Fees2017-Jan-192017-00904This SNPRM proposes to require air carriers, foreign air carriers, and ticket agents to clearly disclose to consumers at all points of sale customer-specific fee information, or itinerary-specific information if a customer elects not to provide customer-specific information, for a first checked bag, a second checked bag, and one carry-on bag wherever fare and schedule information is provided to consumers. This SNPRM further proposes to require each covered carrier to provide useable, current, and accurate (but not transactable) baggage fee information to all ticket agents that receive and distribute the carrier's fare and schedule information, including Global Distribution Systems and metasearch entities. On covered carrier and ticket agent Web sites, the SNPRM would require the baggage fee information to be disclosed at the first point in a search process where a fare is listed in connection with a specific flight itinerary, adjacent to the fare. The SNPRM would permit carriers and ticket agents to allow customers to opt-out of receiving the baggage fee information when using their Web sites.
Homeland Security Department -- Security Training for Surface Transportation Employees2016-Dec-162016-28298The Transportation Security Administration (TSA) is proposing to require security training for employees of higher-risk freight railroad carriers, public transportation agencies (including rail mass transit and bus systems), passenger railroad carriers, and over-the- road bus (OTRB) companies. Owner/operators of these higher-risk railroads, systems, and companies would be required to train employees performing security-sensitive functions, using a curriculum addressing preparedness and how to observe, assess, and respond to terrorist- related threats and/or incidents. As part of this rulemaking, TSA would also expand its current requirements for rail security coordinators and reporting of significant security concerns (currently limited to freight railroads, passenger railroads, and the rail operations of public transportation systems) to include the bus components of higher- risk public transportation systems and higher-risk OTRB companies. TSA also proposes to make the maritime and land transportation provisions of TSA's regulations consistent with other TSA regulations by codifying general responsibility to comply with security requirements; compliance, inspection, and enforcement; and procedures to request alternate measures for compliance. Finally, TSA is adding a definition for Transportation Security-Sensitive Materials (TSSM). Other provisions are being amended or added, as necessary, to implement these additional requirements. While TSA will review and consider all comments submitted, TSA invites responses to a number of specific questions posed in the preamble of the NPRM. See the Comments Invited section under SUPPLEMENTARY INFORMATION that follows.
Transportation Department -- Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment2016-Dec-162016-30211This rule allows air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. As a result, this rule will eliminate an inconsistency that currently permits carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. In doing so, it corrects an inadvertent omission from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule.
Transportation Department -- Use of Mobile Wireless Devices for Voice Calls on Aircraft2016-Dec-142016-29830The Department of Transportation (DOT or the Department) is proposing to protect airline passengers from being unwillingly exposed to voice calls within the confines of an aircraft. Specifically, the Department proposes to require sellers of air transportation to provide adequate advance notice to passengers if the carrier operating the flight allows passengers to make voice calls using mobile wireless devices. The Department also seeks comment on whether to prohibit airlines from allowing voice calls via passenger mobile wireless devices on domestic and/or international flights.
Transportation Department -- Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems2016-Dec-132016-28714Prior to this final rule, persons could only use an Enhanced Flight Vision System (EFVS) in lieu of natural vision to descend below the decision altitude, decision height, or minimum descent altitude (DA/DH or MDA) down to 100 feet above the touchdown zone elevation (TDZE) using certain straight-in landing instrument approach procedures (IAPs). This final rule permits operators to use an EFVS in lieu of natural vision to continue descending from 100 feet above the TDZE to the runway and to land on certain straight-in IAPs under instrument flight rules (IFR). This final rule also revises and relocates the regulations that permit operators to use an EFVS in lieu of natural vision to descend to 100 feet above the TDZE using certain straight-in IAPs. Additionally, this final rule addresses provisions that permit operators who conduct EFVS operations under parts 121, 125, or 135 to use EFVS-equipped aircraft to dispatch, release, or takeoff under IFR, and revises the regulations for those operators to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. This final rule establishes pilot training and recent flight experience requirements for operators who use EFVS in lieu of natural vision to descend below the DA/DH or MDA. EFVS-equipped aircraft conducting operations to touchdown and rollout are required to meet additional airworthiness requirements. This final rule also revises pilot compartment view certification requirements for vision systems using a transparent display surface located in the pilot's outside field of view. The final rule takes advantage of advanced vision capabilities, thereby achieving the Next Generation Air Transportation System (NextGen) goals of increasing access, efficiency, and throughput at many airports when low visibility is the limiting factor. Additionally, it enables EFVS operations in reduced visibilities on a greater number of approach procedure types while maintaining an equivalent level of safety.
Transportation Department -- Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking (RRR)2016-Dec-052016-28403In consultation with the Federal Aviation Administration (FAA), PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to align with current international standards for the air transportation of hazardous materials. The proposals in this rule would amend certain special provisions, packaging requirements, notification of pilot-in-command (NOTOC) requirements, and exceptions for passengers and crew members. In addition to harmonization with international standards, several of the proposals in this rule are responsive to petitions for rulemaking submitted by the regulated community. PHMSA invites all interested persons to provide comments regarding these proposed revisions.
Transportation Department -- Enhancing Airline Passenger Protections III2016-Nov-032016-26178The Department of Transportation is issuing a third ``Enhancing Airline Passenger Protections'' final rule to enhance protections for air travelers and to improve the air travel environment as follows: Expanding the pool of reporting carriers for service quality data; requiring reporting carriers to include service quality data for their domestic scheduled flights operated by their code-share partners; enhancing the Department's code-share disclosure regulation to codify the statutory requirement that carriers and ticket agents must disclose any code-share arrangements on their Web sites on the first display presented in response to a search of a requested itinerary for each itinerary involving a code-share operation; and prohibiting undisclosed biasing based on carrier identity by carriers and ticket agents in any electronic displays of the fare, schedule or availability information of multiple carriers. The amendments to the reporting requirements in this rule will ensure that the Department obtains and provides to the public expanded and enhanced service quality data from the airlines. The provision to strengthen the Department's code-share disclosure rule will also enhance air travel consumer protection. Additionally, this final rule corrects certain drafting errors and makes minor changes to the Department's second Enhancing Airline Passenger Protections rule to better reflect the Department's intent. Other topics covered by the proposed rule that are not addressed by this final rule will be addressed in two separate rulemakings. Specifically, the Department will be issuing a Supplemental Notice of Proposed Rulemaking (SNPRM) to seek additional information on the disclosure of fees for basic ancillary services to consumers at all points of sale. The remaining topics discussed in the 2014 notice of proposed rulemaking (e.g., customer service commitments by large ticket agents, prohibition on post-purchase price increases for ancillary services) will be addressed in another final rule that the Department plans to issue at a later date.
Transportation Department -- Reporting of Data for Mishandled Baggage and Wheelchairs and Scooters Transported in Aircraft Cargo Compartments2016-Nov-022016-26181The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, from the number of Mishandled Baggage Reports (MBR) and the number of domestic passenger enplanements to the number of mishandled bags and the number of enplaned bags. Fees for checked baggage may have changed customer behavior regarding the number of bags checked, potentially affecting mishandled-baggage rates. Finally, this rule fills a data gap by collecting separate statistics for mishandled wheelchairs and scooters used by passengers with disabilities and transported in aircraft cargo compartments. An additional topic covered in the proposed rule, the reporting of airline fee revenues, remains open and is not addressed in this rulemaking.
Homeland Security Department -- Establishment of the Electronic Visa Update System (EVUS)2016-Oct-202016-25321This rule amends the Department of Homeland Security's regulations to establish the Electronic Visa Update System (``EVUS''). This system will allow for the collection of biographic and other information from nonimmigrant aliens who hold a passport issued by an identified country containing a U.S. nonimmigrant visa of a designated category. Nonimmigrant aliens subject to these regulations must periodically enroll in EVUS and obtain a notification of compliance with EVUS prior to travel to the United States. Individuals subject to the EVUS regulations must comply with EVUS in order to maintain the validity of their visas falling within a designated category. The Department of State is publishing a parallel rule to amend its visa regulations to reflect the new EVUS requirements.
Transportation Department -- Pilot Professional Development2016-Oct-072016-23961The Federal Aviation Administration proposes to modify the requirements primarily applicable to air carriers conducting domestic, flag and supplemental operations to enhance the professional development of pilots in those operations. The proposal would require air carriers conducting domestic, flag and supplemental operations to provide new-hire pilots with an opportunity to observe flight operations (operations familiarization) to become familiar with procedures before serving as a flightcrew member in operations; revise the upgrade curriculum; provide leadership and command and mentoring training for all pilots in command (PICs); and establish Pilot Professional Development Committees (PPDC). This proposal is responsive to a statutory requirement for the Federal Aviation Administration to convene an aviation rulemaking committee (ARC) to develop procedures for air carriers pertaining to pilot mentoring, professional development, and leadership and command training and to issue an NPRM and final rule based on these recommendations. The proposal also includes a number of additional conforming changes related to flight simulation training devices and second in command (SIC) pilot training and checking, and other miscellaneous changes. The FAA believes that this proposed rule would mitigate incidents of unprofessional pilot behavior which would reduce pilot errors that can lead to a catastrophic event.
Transportation Department -- Incorporation by Reference of ICAO Annex 2; Removal of Outdated North Atlantic Minimum Navigation Performance Specifications2016-Sep-292016-22798This rulemaking proposes to harmonize the FAA's regulations regarding the North Atlantic (NAT) Minimum Navigation Performance Specifications (MNPS) with those of the International Civil Aviation Organization (ICAO). ICAO's NAT Region is transitioning from the decades-old MNPS navigation specification to a more modern, Performance-Based Navigation (PBN) specification. This proposed rule would also correct and update the incorporation by reference of ICAO Annex 2 in the FAA's regulations.
Transportation Department -- Hazardous Materials: Harmonization With International Standards (RRR)2016-Sep-072016-20580The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council.
Transportation Department -- Safety Management System for Certificated Airports2016-Jul-142016-16596On October 7, 2010, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to require certificate holders to establish a safety management system (SMS) for the entire airfield environment, including movement and non-movement areas, to improve safety at airports hosting air carrier operations. After reviewing the comments received and conducting further internal analysis, the FAA is amending that proposal. The FAA now proposes to require an SMS only for a certificated airport classified as a small, medium, or large hub airport in the National Plan of Integrated Airport Systems; serving international air traffic; or having more than 100,000 total annual operations. The FAA is also proposing changes that would extend the implementation period from 18 to 24 months; require submission of an implementation plan within 12 months instead of 6 months of the effective date of the final rule; modify the training requirements; ensure consistency among various FAA SMS initiatives, and reduce the implementation burden.
Transportation Department -- Operation and Certification of Small Unmanned Aircraft Systems2016-Jun-282016-15079The FAA is amending its regulations to allow the operation of small unmanned aircraft systems in the National Airspace System. These changes address the operation of unmanned aircraft systems and certification of their remote pilots. This rule will also prohibit model aircraft from endangering the safety of the National Airspace System.
Transportation Department -- Fuel Tank Vent Fire Protection2016-Jun-242016-14454The FAA is amending certain airworthiness regulations for transport category airplanes to require fuel tank designs that prevent a fuel tank explosion caused by the propagation of flames, from external fires, through the fuel tank vents. This final rule requires a delay of two minutes and thirty seconds between exposure of external fuel tank vents to ignition sources and explosions caused by propagation of flames into the fuel tank, thus increasing the time available for passenger evacuation and emergency response. These amendments apply to applications for new type certificates and certain applications for amended or supplemental type certificates. The amendments also require certain airplanes produced in the future and operated by air carriers to meet the new standards.
Transportation Department -- Hazardous Materials: Miscellaneous Amendments (RRR)2016-Jun-022016-12034In this final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments in order to update and clarify certain regulatory requirements. These amendments are designed to promote safer transportation practices, address petitions for rulemaking, respond to National Transportation Safety Board (NTSB) Safety Recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The amendments in this rulemaking include, but are not limited to, removing the packing group (PG) II designation for certain organic peroxides, self-reactive substances, and explosives; incorporating requirements for trailers of manifolded acetylene cylinders; providing requirements to allow for shipments of damaged wet electric batteries; and revising the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms.
Transportation Department -- Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft2016-May-242016-11918This final rule replaces the existing process by which the Federal Aviation Administration (Agency or FAA) approves portable oxygen concentrators (POC) for use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. The FAA currently assesses each POC make and model on a case-by-case basis and if the FAA determines that a particular POC is safe for use on board an aircraft, the FAA conducts rulemaking to identify the specific POC model in an FAA regulation. This final rule replaces the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label indicating conformance with the acceptance criteria. The labeling requirement only affects POCs intended for use on board aircraft that were not previously approved for use on aircraft by the FAA. Additionally, this rulemaking will eliminate redundant operational requirements and paperwork requirements related to the physician's statement. As a result, this rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. This final rule also makes conforming amendments to the Department of Transportation's (Department or DOT) rule implementing the Air Carrier Access Act (ACAA) to require carriers to accept all POC models that meet FAA acceptance criteria as detailed in this rule.
Transportation Department -- Hazardous Materials: Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage2016-May-192016-11729The Pipeline and Hazardous Materials Safety Administration (PHMSA) is issuing a final rule to prohibit passengers and crewmembers from carrying battery-powered portable electronic smoking devices (e.g., e-cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal vaporizers, electronic nicotine delivery systems) in checked baggage and from charging these devices and their batteries on board the aircraft. However, these devices may continue to be carried in carry-on baggage. This action is consistent with the interim final rule (IFR) published in the Federal Register on October 30, 2015, and a similar amendment in the 2015-2016 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). This final rule amends the Hazardous Materials Regulations to maintain alignment with the ICAO Technical Instructions. Furthermore, this final rule does not impact the existing rules on the transport of lithium batteries or other portable electronic devices that are transported for personal use in a passenger's checked or carry-on baggage.
Transportation Department -- Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; and Other Provisions2016-May-122016-10168This rulemaking would relieve burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. These training devices have proven to be an effective, safe, and affordable means of obtaining pilot experience. This rulemaking also would address changing technologies by accommodating the use of technically advanced airplanes as an alternative to the use of older complex single engine airplanes for the commercial pilot training and testing requirements. Additionally, this rulemaking would broaden the opportunities for military instructors to obtain civilian ratings based on military experience, would expand opportunities for logging pilot time, and would remove a burden from sport pilot instructors by permitting them to serve as safety pilots. Finally, this rulemaking would include changes to some of the provisions established in an August 2009 final rule. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.
Transportation Department -- Flight Simulation Training Device Qualification Standards for Extended Envelope and Adverse Weather Event Training Tasks2016-Mar-302016-05860The FAA has determined this rule is necessary to amend the Qualification Performance Standards for flight simulation training devices (FSTDs) for the primary purpose of improving existing technical standards and introducing new technical standards for full stall and stick pusher maneuvers, upset recognition and recovery maneuvers, maneuvers conducted in airborne icing conditions, takeoff and landing maneuvers in gusting crosswinds, and bounced landing recovery maneuvers. These new and improved technical standards are intended to fully define FSTD fidelity requirements for conducting new flight training tasks introduced through recent changes to the air carrier training requirements, as well as to address various National Transportation Safety Board (NTSB) and Aviation Rulemaking Committee recommendations. This final rule also updates the FSTD technical standards to better align with the current international FSTD evaluation guidance and introduces a new FSTD level that expands the number of qualified flight training tasks in a fixed-base flight training device. These changes will ensure that the training and testing environment is accurate and realistic, will codify existing practice, and will provide greater harmonization with international guidance for simulation. The amendments will not apply to previously qualified FSTDs with the exception of the FSTD Directive, which codifies the new FSTD technical standards for specific training tasks.
Homeland Security Department -- Flights to and From Cuba2016-Mar-212016-06371Current U.S. Customs and Border Protection (CBP) regulations contain a separate subpart O addressing flights to and from Cuba. The provisions in that subpart are either obsolete due to intervening regulatory changes or are duplicative of regulations applicable to all other similarly situated international flights. This rule therefore amends the regulations by removing subpart O. These amendments are consistent with the President's policy promoting the normalization of relations between the United States and Cuba.
Transportation Department -- Use of Electronic Cigarettes on Aircraft2016-Mar-042016-04799The Department of Transportation is issuing a final rule to extend the smoking ban in DOT's regulation to include all charter (i.e., nonscheduled) flights where a flight attendant is a required crewmember. The revised regulation would comport with 49 U.S.C. 41706, which was revised in 2012, to ban smoking on charter flights where a flight attendant is a required crewmember. This final rule also explicitly bans the use of electronic cigarettes (``e-cigarettes'') on all flights where smoking is banned. The Department interprets the existing regulation to prohibit e-cigarette use, but is codifying this interpretation.
Homeland Security Department -- Passenger Screening Using Advanced Imaging Technology2016-Mar-032016-04374The Transportation Security Administration (TSA) is amending its civil aviation security regulations to specify that TSA may use advanced imaging technology (AIT) to screen individuals at security screening checkpoints. This rule is issued to comply with a decision of the U.S. Court of Appeals for the District of Columbia Circuit, which ordered TSA to engage in notice-and-comment rulemaking on the use of AIT for passenger screening.
Transportation Department -- Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment2016-Jan-042015-32998The FAA is correcting a final rule published on July 15, 2013. In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment that if a certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, a pilot serving as a second in command in part 135 for that certificate holder is required to have an airline transport pilot certificate and an aircraft type rating. This document corrects those errors and makes several additional miscellaneous corrections to part 61 and a cross-reference error in part 121.
Transportation Department -- Hazardous Materials: Editorial Corrections and Clarifications (RRR)2015-Nov-232015-29683This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.
Transportation Department -- Hazardous Materials: Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage2015-Oct-302015-27622PHMSA is issuing an interim final rule to prohibit passengers and crewmembers from carrying battery-powered portable electronic smoking devices (e.g., e-cigarettes, e-cigs, e-cigars, e-pipes, e- hookahs, personal vaporizers, electronic nicotine delivery systems) in checked baggage and prohibit passengers and crewmembers from charging the devices and/or batteries on board the aircraft. These devices may continue to be carried in carry-on baggage. This action is consistent with a similar action taken by the International Civil Aviation Organization (ICAO) that incorporated this restriction into the 2015- 2016 Edition of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air by way of an addendum and is necessary to address an immediate safety risk. This interim final rule does not impact the existing rules on the transport of lithium batteries or other portable electronic devices that are transported for personal use in a passenger's checked or carry-on baggage. Because the actions taken in this interim final rule address a public safety risk, PHMSA finds that good cause exists to amend the regulations without advance notice and opportunity for public comment. For the reasons described below, public notice is impracticable, unnecessary, and contrary to the public interest. PHMSA encourages persons to participate in this rulemaking by submitting comments containing relevant information, data, or views. We will consider all comments received on or before the closing date for comments. We will consider late filed comments to the extent practicable. This interim final rule may be amended based on comments received.
Transportation Department -- Disclosure of Seat Dimensions To Facilitate Use of Child Safety Seats on Airplanes During Passenger-Carrying Operations2015-Sep-302015-24720This final rule requires air carriers conducting domestic, flag, and supplemental operations to make available on their Web sites information to enable passengers to determine which child restraint system can be used on airplanes in these operations. Specifically, this final rule requires air carriers to make available on their Web sites the width of the narrowest and widest passenger seats in each class of service for each make, model and series of airplane used in passenger- carrying operations.
Transportation Department -- Removal of Pilot Pairing Requirement2015-Jun-122015-14248This final rule conforms Federal Aviation Administration regulations to International Civil Aviation Organization standards and the Fair Treatment for Experienced Pilots Act, both of which no longer contain a pilot pairing requirement. Accordingly, this final rule removes the requirement for a pilot in command who has reached age 60 to be paired with a pilot under age 60 in international commercial air transport operations by air carriers conducting flag and supplemental operations, as well as for other pilots serving in certain international operations using civil airplanes on the U.S. registry. The removal of this restriction will allow all pilots serving on airplanes in international commercial air transport with more than one pilot to serve until age 65 without a requirement to be paired with a pilot under age 60.
Homeland Security Department -- Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program and the Fee for Use of the System2015-Jun-082015-13919This rule adopts as final, with one substantive change, interim amendments to DHS regulations published in the Federal Register on June 9, 2008 and August 9, 2010 regarding the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant aliens intending to enter the United States under the Visa Waiver Program (VWP) must obtain a travel authorization in advance of travel to the United States. The June 9, 2008 interim final rule established ESTA and set the requirements for use for travel through air and sea ports of entry. The August 9, 2010 interim final rule established the fee for ESTA. This document addresses comments received in response to both rules and some operational modifications affecting VWP applicants and travelers since the publication of the interim rules.
Homeland Security Department -- Adjustment of Passenger Civil Aviation Security Service Fee2015-Jun-042015-13506The Transportation Security Administration (TSA) is issuing this interim final rule (IFR) to address a statutory change affecting the IFR published on June 20, 2014 (2014 IFR), which implemented the passenger civil aviation security service fee (security service fee) increase mandated by the Bipartisan Budget Act of 2013. This IFR conforms TSA's regulations to statutory amendments enacted since publication of the 2014 IFR. These amendments impose a round-trip limitation on the security service fee. All other aspects of the regulations, including those made by the 2014 IFR and provisions unchanged by this rule, remain in effect. TSA is also requesting comments on added definitions related to imposition of a round-trip limitation. TSA is not soliciting comments with respect to any other issues concerning the 2014 IFR, except to the extent affected by this rule, as the deadline for such comments has expired.
Transportation Department -- Revisions to Denied Boarding Compensation, Domestic Baggage Liability Limits, and Civil Penalty Amounts2015-May-272015-12789In accordance with existing regulations, this final rule raises the maximum denied boarding compensation (DBC) amounts that have been in effect since August 2011, raising the maximum DBC amounts from the current figures of $650/$1,300 to $675/$1,350. Also, in accordance with existing regulations, this final rule raises the minimum liability limit air carriers may impose for mishandled baggage in domestic air transportation, adjusting the minimum limit of liability from the current amount of $3,400 to $3,500. To account for inflation, this rule also raises the maximum civil penalties that can be assessed as a result of DOT aviation enforcement actions for violations of certain economic provisions of Title 49 of the U.S. Code from $2,500 to $2,750.
Transportation Department -- Hazardous Materials: Miscellaneous Amendments (RRR)2015-Jan-232015-00265PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices, address petitions for rulemaking, respond to National Transportation Safety Board (NTSB) Safety Recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The proposed provisions in this rulemaking include, but are not limited to, removing the packing group (PG) II designation for certain organic peroxides, self-reactive substances and explosives, incorporating requirements for trailers of manifolded acetylene cylinders, and providing requirements to allow for shipments of damaged wet electric batteries. In addition, this rulemaking proposes to revise the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms.
Transportation Department -- Safety Management Systems for Domestic, Flag, and Supplemental Operations Certificate Holders2015-Jan-082015-00143This final rule requires each air carrier operating under 14 CFR part 121 to develop and implement a safety management system (SMS) to improve the safety of its aviation-related activities. SMS is a comprehensive, process-oriented approach to managing safety throughout an organization. SMS includes an organization-wide safety policy; formal methods for identifying hazards, controlling, and continually assessing risk and safety performance; and promotion of a safety culture. SMS stresses not only compliance with technical standards but also increased emphasis on the overall safety performance of the organization.
Transportation Department -- Hazardous Materials: Harmonization With International Standards (RRR)2015-Jan-082014-30462PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations) and subsequently address three petitions for rulemaking.
Transportation Department -- Carriage of Musical Instruments2015-Jan-052014-30836The Department of Transportation is issuing a final rule to implement section 403 of the FAA Modernization and Reform Act of 2012 regarding the carriage of musical instruments as carry-on baggage or checked baggage on commercial passenger flights operated by air carriers. This rule responds to difficulties musicians have encountered when transporting their instruments during air travel.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Addition of John Wayne Airport in Santa Ana, California and Renaming of Williams Gateway Airport in Mesa, Arizona to Phoenix-Mesa Gateway Airport2014-Sep-262014-22939This document amends the U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the recent user fee airport designation for the John Wayne Airport in Santa Ana, California and the renaming of the Williams Gateway Airport in Mesa, Arizona to the Phoenix-Mesa Gateway Airport. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Homeland Security Department -- Cessation of the Aviation Security Infrastructure Fee (ASIF)2014-Sep-232014-22617The Transportation Security Administration (TSA) is issuing this final rule to conform its regulations to the repeal of the authority to impose the Aviation Security Infrastructure Fee (ASIF) on air carriers and foreign air carriers in air transportation.
Transportation Department -- Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft2014-Sep-192014-21964This rulemaking would replace Special Federal Aviation Regulation No. 106 with acceptance criteria for portable oxygen concentrators to be used by passengers in air carrier operations, commercial operations and certain other operations using large aircraft. Currently, the agency assesses each portable oxygen concentrator on a case-by-case basis to determine whether it is safe for use on board aircraft. If the agency determines that a portable oxygen concentrator is safe for use on board aircraft, the specific model is identified in regulations. This rulemaking would replace the burdensome approval process with acceptance criteria and a requirement for manufacturers to demonstrate compliance by affixing a label on the exterior of the portable oxygen concentrator applied in a manner that ensures it will remain affixed for the life of the device. The proposed acceptance criteria and labeling requirement would only affect portable oxygen concentrators intended for use on board aircraft. Portable oxygen concentrators currently approved for use on board aircraft would not be affected by this proposal and will be listed in this rule as approved. This rulemaking would also eliminate redundant requirements and paperwork requirements that are not necessary for aviation safety thereby reducing burdens for portable oxygen concentrator manufacturers, passengers who use portable oxygen concentrators while traveling, and aircraft operators conducting air carrier operations, commercial operations or certain operations using large aircraft.
Transportation Department -- Hazardous Materials: Harmonization With International Standards (RRR)2014-Aug-252014-19161PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address three petitions for rulemaking.
Transportation Department -- Fuel Tank Vent Fire Protection2014-Aug-152014-18959This action would amend certain airworthiness regulations for transport category airplanes to require fuel tank designs that prevent a fuel tank explosion caused by flame propagation through the fuel tank vents from external fires. This action would add a new requirement for fuel tank vent fire protection and would increase the time available for passenger evacuation and emergency response. This proposed amendment would apply to applications for new type certificates and certain applications for amended or supplemental type certificates. It would also require certain airplanes produced in the future and operated by air carriers to meet the new standards.
Transportation Department -- Repair Stations2014-Aug-122014-18938This rule amends the FAA's repair station regulations to allow the FAA to deny an application for a new repair station certificate if the applicant or certain associated key individuals had materially contributed to the circumstances that caused a previous repair station certificate revocation action. The rule also adds a new section prohibiting fraudulent or intentionally false entries or omissions of material facts in any application, record, or report made under the repair station rules, and provides that making the fraudulent or intentionally false entry or omitting or concealing the material fact is grounds for imposing a civil penalty and for suspending or revoking any certificate, approval, or authorization issued by the FAA to the person who made or caused the entry or omission. These changes are necessary because the repair station rules do not presently provide these safeguards as do other parts of the FAA's regulations. Both of these changes will enhance safety by reducing the number of individuals in the repair station industry who commit intentional and serious violations of the regulations or who demonstrate they are otherwise unqualified to hold repair stations certificates.
Transportation Department -- Hazardous Materials: Transportation of Lithium Batteries2014-Aug-062014-18146PHMSA, in consultation with the Federal Aviation Administration (FAA), is modifying the requirements governing the transportation of lithium cells and batteries. This final rule revises hazard communication and packaging provisions for lithium batteries and harmonizes the Hazardous Materials Regulations (HMR) with applicable provisions of the United Nations (UN) Model Regulations, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and the International Maritime Dangerous Goods (IMDG) Code.
Transportation Department -- Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency (RRR)2014-Jul-112014-15514PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is amending requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication ``Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1.'' The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.
Transportation Department -- Reports by Air Carriers on Incidents Involving Animals During Air Transport2014-Jul-032014-15503The Department of Transportation (DOT or Department) is issuing a final rule to amend the requirement for air carriers to report incidents involving the loss, injury, or death of an animal during air transport. The final rule will: Expand the reporting requirement to U.S. carriers that operate scheduled service with at least one aircraft with a design capacity of more than 60 seats; expand the definition of ``animal'' to include all cats and dogs transported by covered carriers, regardless of whether the cat or dog is transported as a pet by its owner or as part of a commercial shipment (e.g., shipped by a breeder); require covered carriers to file a calendar-year report in December, even if the carrier did not have any reportable incidents during the calendar year; require covered carriers to provide in their December reports the total number of animals that were lost, injured, or died during air transport in the calendar year; and require covered carriers to provide in their December reports the total number of animals transported in the calendar year.
Homeland Security Department -- Adjustment of Passenger Civil Aviation Security Service Fee2014-Jun-202014-14488The Transportation Security Administration (TSA) is issuing an interim final rule (IFR) to implement the passenger civil aviation security service fee (security service fee) increase mandated by the Bipartisan Budget Act of 2013.
Transportation Department -- Transparency of Airline Ancillary Fees and Other Consumer Protection Issues2014-May-232014-11993The Department is seeking comment on a number of proposals to enhance protections for air travelers and to improve the air travel environment, including a proposal to clarify and codify the Department's interpretation of the statutory definition of ``ticket agent.'' By codifying the Department's interpretation, the Department intends to ensure that all entities that manipulate fare, schedule, and availability information in response to consumer inquiries and receive a form of compensation are adhering to all of the Department's consumer protection requirements that are applicable to ticket agents such as the full-fare advertising rule and the code-share disclosure rule. This NPRM also proposes to require airlines and ticket agents to disclose at all points of sale the fees for certain basic ancillary services associated with the air transportation consumers are buying or considering buying. Currently, some consumers may be unable to understand the true cost of travel while searching for airfares, due to insufficient information concerning fees for ancillary services. The Department is addressing this problem by proposing that carriers share real-time, accurate fee information for certain optional services with ticket agents. Other proposals in this NPRM to enhance airline passenger protections include: Expanding the pool of ``reporting'' carriers; requiring enhanced reporting by mainline carriers for their domestic code-share partner operations; requiring large travel agents to adopt minimum customer service standards; codifying the statutory requirement that carriers and ticket agents disclose any airline code-share arrangements on their Web sites; and prohibiting unfair and deceptive practices such as undisclosed biasing in schedule and fare displays and post-purchase price increases. The Department is also considering whether to require ticket agents to disclose the carriers whose tickets they sell in order to avoid having consumers mistakenly believe they are searching all possible flight options for a particular city-pair market when in fact there may be other options available. Additionally, this NPRM would correct drafting errors and make minor changes to the Department's second Enhancing Airline Passenger Protections rule to conform to guidance issued by the Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) regarding its interpretation of the rule.
Transportation Department -- Disclosure of Seat Dimensions to Facilitate Use of Child Safety Seats on Airplanes During Passenger-Carrying Operations2014-Apr-012014-07172The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to initiate rulemaking to require air carriers conducting domestic, flag, and supplemental operations to make available on their Web sites information to enable passengers to determine which child safety seats can be used on aircraft in these operations. To fulfill the requirements of the Act, the FAA proposes to require air carriers to make available on their Web sites the width of the widest passenger seat in each class of service for each make, model and series of airplane used in passenger-carrying operations. If finalized as proposed, this rule would provide greater information to caregivers to help them determine whether a particular child restraint system will fit in an airplane seat. This proposal does not affect existing regulations regarding the use of child restraint systems on board airplanes or a passenger under the age of 2 traveling onboard aircraft with or without the use of a child restraint system.
Homeland Security Department -- Designation of Chile for the Visa Waiver Program2014-Mar-312014-07254Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On February 28, 2014, the Secretary of Homeland Security, in consultation with the Secretary of State designated Chile as a country that is eligible to participate in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Chile.
Transportation Department -- Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations2014-Mar-182014-05630The Pipeline and Hazardous Materials Safety Administration is amending the Hazardous Materials Regulations (HMR) to adopt provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (``approvals'') that have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.
Transportation Department -- Prohibition on Personal Use of Electronic Devices on the Flight Deck2014-Feb-122014-02991This final rule will prohibit flightcrew members in operations under part 121 from using a personal wireless communications device or laptop computer for personal use while at their duty station on the flight deck while the aircraft is being operated. This rule, which conforms FAA regulations with legislation, is intended to ensure that certain non-essential activities do not contribute to the challenge of task management on the flight deck or a loss of situational awareness due to attention to non-essential tasks.
Transportation Department -- Minimum Altitudes for Use of Autopilots2014-Feb-032014-02123This rulemaking amends and harmonizes minimum altitudes for use of autopilots for transport category airplanes; it also enables the operational use of advanced autopilot and navigation systems by incorporating the capabilities of current and future autopilots, flight guidance systems, and Global Navigation Satellite System (GNSS) guidance systems while protecting the continued use of legacy systems at current autopilot minimum use altitudes. Additionally, this final rule implements a performance-based approach, using the certified capabilities of autopilot systems as established by the Airplane Flight Manual (AFM) or as approved by the Administrator.
Transportation Department -- Use of Additional Portable Oxygen Concentrators on Board Aircraft2014-Feb-032014-02121This action amends the FAA's rules for permitting use of portable oxygen concentrator (POC) devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA for use in air commerce to be available to the traveling public in need of oxygen therapy. Passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.
Transportation Department -- Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment2013-Dec-242013-30603The FAA is correcting a final rule published on July 15, 2013 (78 FR 42324). In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment a pilot serving as a second in command in part 135 commuter operations to have an airline transport pilot certificate and an aircraft type rating, and a pilot in command in part 135 commuter operations to have 1,000 hours of air carrier experience. This document corrects those errors and makes several additional miscellaneous corrections.
Transportation Department -- Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports2013-Nov-122013-26749The Department of Transportation is amending its rules implementing the Air Carrier Access Act (ACAA) to require U.S. air carriers and foreign air carriers to make their Web sites that market air transportation to the general public in the United States accessible to individuals with disabilities. In addition, the Department is amending its rule that prohibits unfair and deceptive practices and unfair methods of competition to require ticket agents that are not small businesses to disclose and offer Web-based fares to passengers who indicate that they are unable to use the agents' Web sites due to a disability. DOT is also requiring U.S. and foreign air carriers to ensure that kiosks meet detailed accessibility design standards specified in this rule until a total of at least 25 percent of automated kiosks in each location at the airport meet these standards. In addition, the Department is amending its rule implementing the Rehabilitation Act to require U.S. airport operators meet the same accessibility standards.
Transportation Department -- Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers2013-Nov-122013-26845This final rule revises the training requirements for pilots in air carrier operations. The regulations enhance air carrier pilot training programs by emphasizing the development of pilots' manual handling skills and adding safety-critical tasks such as recovery from stall and upset. The final rule also requires enhanced runway safety training and pilot monitoring training to be incorporated into existing requirements for scenario-based flight training and requires air carriers to implement remedial training programs for pilots. The FAA expects these changes to contribute to a reduction in aviation accidents. Additionally, the final rule revises recordkeeping requirements for communications between the flightcrew and dispatch; ensures that personnel identified as flight attendants have completed flight attendant training and qualification requirements; provides civil enforcement authority for making fraudulent statements; and, provides a number of conforming and technical changes to existing air carrier crewmember training and qualification requirements. The final rule also includes provisions that provide opportunities for air carriers to modify training program requirements for flightcrew members when the air carrier operates multiple aircraft types with similar design and flight handling characteristics.
Transportation Department -- Nondiscrimination on the Basis of Disability in Air Travel; Accessibility of Aircraft and Stowage of Wheelchairs2013-Nov-122013-26743The Department of Transportation is issuing a final rule to allow airlines to use the seat-strapping method (placing a wheelchair across a row of seats using a strap kit that complies with applicable Federal Aviation Administration or foreign government regulations on the stowage of cargo in the cabin compartment) to transport a passenger's manual folding wheelchair in the cabin of aircraft.
Transportation Department -- Hazardous Materials: Corrections and Response to Administrative Appeals (HM-215K, HM-215L, HM-218G and HM-219).2013-Oct-312013-24714This final rule corrects editorial errors and amends certain requirements in response to administrative appeals submitted by persons affected by certain final rules published in the Federal Register.
Transportation Department -- Pilot Certification and Qualification Requirements for Air Carrier Operations2013-Jul-152013-16849This action creates new certification and qualification requirements for pilots in air carrier operations. As a result of this action, a second in command (first officer) in domestic, flag, and supplemental operations must now hold an airline transport pilot certificate and an airplane type rating for the aircraft to be flown. An airline transport pilot certificate requires that a pilot be 23 years of age and have 1,500 hours total time as a pilot. Pilots with fewer than 1,500 flight hours may qualify for a restricted privileges airline transport pilot certificate beginning at 21 years of age if they are a military-trained pilot, have a bachelor's degree with an aviation major, or have an associate's degree with an aviation major. The restricted privileges airline transport pilot certificate will also be available to pilots with 1,500 flight hours who are at least 21 years of age. This restricted privileges airline transport pilot certificate allows a pilot to serve as second in command in domestic, flag, and supplemental operations not requiring more than two pilot flightcrew members. This rule also retains the second-class medical certification requirement for a second in command in part 121 operations. Pilots serving as an air carrier pilot in command (captain) must have, in addition to an airline transport pilot certificate, at least 1,000 flight hours in air carrier operations. This rule also adds to the eligibility requirements for an airline transport pilot certificate with an airplane category multiengine class rating or an airline transport pilot certificate obtained concurrently with a type rating. To receive an airline transport pilot certificate with a multiengine class rating a pilot must have 50 hours of multiengine flight experience and must have completed a new FAA-approved Airline Transport Pilot Certification Training Program. This new training program will include academic coursework and training in a flight simulation training device. These requirements will ensure that a pilot has the proper qualifications, training, and experience before entering an air carrier environment as a pilot flightcrew member.
Transportation Department -- Combined Drug and Alcohol Testing Programs2013-Jul-152013-16852This rulemaking allows air carrier operators and commuter or on-demand operators that also conduct commercial air tour operations to combine the drug and alcohol testing required for each operation into one testing program. The current rule requires those operators to conduct separate testing programs for their commercial air tour operations. This results in an unnecessary duplication of effort. The intended effect of this rulemaking is to decrease operating costs by eliminating the requirement for duplicate programs while maintaining the level of safety intended by existing rules. This final rule also clarifies existing instructions within the rule, corrects a typographical error, and removes language describing a practice that has been discontinued.
Transportation Department -- Flight Data Recorder Airplane Parameter Specification Omissions and Corrections2013-Jul-032013-16011This action amends the operating regulations for flight data recorders by correcting errors in recording rates in three different appendices. These errors create requirements that could not be met by certain airplanes without extensive modification, which was not intended when the requirements were adopted. The corrected recording rates are as intended when the applicable flight data recorder parameter requirements were adopted, but which have been omitted from the current publication of the regulatory text.
Transportation Department -- Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems2013-Jun-112013-13454The FAA is proposing to permit operators to use an Enhanced Flight Vision System (EFVS) in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation to the runway and land on certain straight-in instrument approach procedures under instrument flight rules (IFR). This proposal would also permit certain operators using EFVS-equipped aircraft to dispatch, release, or takeoff under IFR, and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Under this proposal, pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. EFVS- equipped aircraft conducting operations to touchdown and rollout would be required to meet additional airworthiness requirements. This proposal would also revise pilot compartment view certification requirements for vision systems using a transparent display surface located in the pilot's outside view. The proposal would take advantage of advanced vision capabilities thereby achieving the NextGen goals of increasing access, efficiency, and throughput at many airports when low visibility is the limiting factor. Additionally, it would enable EFVS operations in reduced visibilities on a greater number of approach procedure types while maintaining an equivalent level of safety.
Homeland Security Department -- Passenger Screening Using Advanced Imaging Technology2013-Mar-262013-07023The Transportation Security Administration (TSA) is proposing to revise its civil aviation security regulations to clarify that TSA may use advanced imaging technology (AIT) to screen individuals at security screening checkpoints. This proposed rule is issued to comply with a decision of the U.S. Court of Appeals for the District of Columbia Circuit, which ordered TSA to engage in notice-and-comment rulemaking on the use of AIT for screening. The Court decided that TSA should provide notice and invite comments on the use of AIT technology for primary screening.
Transportation Department -- Activation of Ice Protection2013-Mar-132013-05791The FAA is correcting a final rule published on August 22, 2011 (76 FR 52241). In that rule, the FAA amended its regulations to create new operating rules for flight in icing conditions. This document corrects an error in the amendatory language of the final rule which inadvertently led to the omission of the new section from the Code of Federal Regulations.
Transportation Department -- Domestic Baggage Liability2013-Mar-082013-05475In accordance with existing regulations, this final rule raises the minimum limit on domestic baggage liability applicable to air carriers to reflect inflation since July 2008, the basis month of the most recent previous revision to the liability limit. DOT regulations require that the Department of Transportation periodically revise the limit to reflect changes in the Consumer Price Index for All Urban Consumers (CPI-U). This revision adjusts the minimum limit of liability from the current amount of $3,300, set by the Department in November 2008, to $3,400, to take into account the changes in consumer prices since the prior revision.
Transportation Department -- Lavatory Oxygen Systems2013-Jan-282013-01695This action adds termination criteria and an expiration date to Special Federal Aviation Regulation 111, which temporarily authorizes variances from existing standards related to the provisioning of supplemental oxygen inside lavatories. This action is necessitated by the publication of Airworthiness Directive 2012-11-09, which mandates actions that restore supplemental oxygen to lavatories.
Transportation Department -- Safety Enhancements, Certification of Airports2013-Jan-162013-00848This rulemaking amends regulations pertaining to certification of airports to clarify that the applicability of these regulations is based only on passenger seats in passenger-carrying operations as determined by either the regulations or the aircraft type certificate. This final rule also adds a new section that prohibits fraudulent or intentionally false statements concerning an airport operating certificate. Finally, this final rule adopts administrative changes for internal consistency, or to codify existing industry practice. These changes are necessary to clarify the applicability language, and ensure the reliability of records maintained by a certificate holder and reviewed by the FAA. Lastly, this final rule changes the definition of joint-use airport to correspond with statutory authority.
Transportation Department -- Prohibition on Personal Use of Electronic Devices on the Flight Deck2013-Jan-152013-00608The proposed rule would prohibit flightcrew members in operations under part 121 from using a personal wireless communications device or laptop computer for personal use while at their duty station on the flight deck while the aircraft is being operated. This rule, which conforms FAA regulations with recent legislation, is intended to ensure that certain non-essential activities do not contribute to the challenge of task management on the flight deck or a loss of situational awareness due to attention to non-essential tasks.
Transportation Department -- Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air2013-Jan-072012-31242This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.
Transportation Department -- Hazardous Materials: Harmonization with International Standards (RRR)2013-Jan-072012-31243PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations (UN Model Regulations) and address a petition for rulemaking.
National Mediation Board -- Representation Procedures and Rulemaking Authority2012-Dec-212012-30853In response to amendments to the Railway Labor Act in the Federal Aviation Administration Modernization Reform Act of 2012, the National Mediation Board amends its existing regulations pertaining to representation elections, run-off elections, and rulemaking to reflect changes in statutory language.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Addition of Bozeman Yellowstone International Airport, Belgrade, MT2012-Dec-102012-29752This document amends the U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the recent user fee airport designation for Bozeman Yellowstone International Airport in Belgrade, Montana. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- Minimum Altitudes for Use of Autopilots2012-Dec-042012-29274The FAA proposes to amend and harmonize minimum altitudes for use of autopilots for transport category airplanes. The proposed rule would enable the operational use of advanced autopilot and navigation systems by incorporating the capabilities of new and future autopilots, flight guidance systems, and Global Navigation Satellite System (GNSS) guidance systems while protecting the continued use of legacy systems at current autopilot minimum use altitudes. The proposed rule would accomplish this through a performance-based approach, using the certified capabilities of autopilot systems as established by the Airplane Flight Manual (AFM) or as approved by the Administrator.
Transportation Department -- Hazardous Materials: Incorporation of Certain Special Permits and Competent Authorities Into Regulations2012-Oct-222012-25853The Pipeline and Hazardous Materials Safety Administration is proposing to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (``approvals'') that have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization (ICAO)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. Additionally, this rulemaking will address three petitions for rulemaking regarding the continued use of renewal applications for long standing special permits.
Homeland Security Department -- Designation of Taiwan for the Visa Waiver Program2012-Oct-222012-25986Eligible citizens, nationals and passport holders from designated Visa Waiver Program countries \1\ may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On October 2, 2012, the Secretary of Homeland Security, in consultation with the Secretary of State and with reference to the Taiwan Relations Act of 1979, designated Taiwan for participation in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Taiwan. ---------------------------------------------------------------------------
Transportation Department -- Use of Additional Portable Oxygen Concentrators on Board Aircraft2012-Oct-162012-25412This action amends the FAA's rules for permitting limited use of portable oxygen concentrator systems on board aircraft, to allow for the use of additional portable oxygen concentrator (POC) devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA for use in air commerce to be available to the traveling public in need of oxygen therapy. Passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.
Transportation Department -- Hazardous Materials: Harmonization with International Standards (RRR)2012-Aug-152012-18431PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations and subsequently address a petition for rulemaking.
Transportation Department -- Combined Drug and Alcohol Testing Programs2012-Jul-022012-16009This rulemaking would allow air carrier operators and commuter or on-demand operators that also conduct commercial air tour operations to combine the drug and alcohol testing required for each operation into one testing program. The current rule requires those operators to conduct separate testing programs for their air tour operations. This results in an unnecessary duplication of effort. The intended effect of this rulemaking is to decrease operating costs by eliminating the requirement for duplicate programs while maintaining the level of safety intended by the current drug and alcohol testing regulations. This proposal would also clarify existing instructions within the rule, correct an inadvertent typographical error, clarify an existing requirement by rearranging its numerical order, and remove language that describes a practice that has been discontinued.
Transportation Department -- Removal of Six Month Line Check Requirement for Pilots Over Age 60; Technical Amendment2012-Jun-122012-14280The ``FAA Modernization and Reform Act of 2012,'' enacted on February 14, 2012, in Section 305 of the Act, removed the line check performance evaluation requirements for pilots over 60 years of age that applied to air carriers engaged in part 121 operations. This technical amendment conforms to the FAA's regulations as a result of the Act.
Transportation Department -- Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air2012-May-252012-12523This document responds to administrative appeals and solicits public comment on proposals generated as a result of certain amendments adopted in an international harmonization final rule published in the Federal Register. The final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this notice, PHMSA proposes to amend the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport. Further, this notice proposes amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published in the Federal Register, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.
Transportation Department -- Aging Airplane Program: Widespread Fatigue Damage; Technical Amendment2012-May-242012-12658The FAA is correcting a final rule published on November 15, 2010. That rule required design approval holders of certain existing airplanes and all applicants for type certificates of future transport category airplanes to establish a limit of validity of the engineering data that supports the structural maintenance program (hereinafter referred to as LOV). It also required that operators of any affected airplane incorporate the LOV into the maintenance program for that airplane. This document corrects errors in codified text of that document.
Environmental Protection Agency -- Effluent Limitations Guidelines and New Source Performance Standards for the Airport Deicing Category2012-May-162012-10633EPA is promulgating technology-based effluent limitations guidelines (ELGs) and new source performance standards (NSPS) under the Clean Water Act (CWA) for discharges from airport deicing operations. The requirements generally apply to wastewater associated with the deicing of airfield pavement at primary airports. The rule requires all such airports to comply with requirements based on substitution of less toxic pavement deicers that do not contain urea. The rule also establishes NSPS for wastewater discharges associated with aircraft deicing for a subset of new airports. These airports must also meet requirements based on collection of deicing fluid and treatment of the collected fluid. The ELGs and NSPS will be incorporated into National Pollutant Discharge Elimination System (NPDES) permits issued by the permitting authority. EPA expects compliance with this regulation to reduce the discharge of deicing-related pollutants by 16 million pounds per year. EPA estimates the annual cost of the rule at $3.5 million.
National Mediation Board -- Representation Procedures and Rulemaking Authority2012-May-152012-11770This proposal amends the National Mediation Board's (NMB or Board) existing rules for handling representation disputes to incorporate statutory language added to or amending the Railway Labor Act (RLA) by the Federal Aviation Administration Modernization and Reform Act of 2012. This document proposes changes to the existing regulations pertaining to run-off elections, showing of interest for representation elections, and the NMB's rulemaking proceedings.
Homeland Security Department -- Technical Amendment to Cuba Airport List: Addition of Recently Approved Airports2012-Apr-202012-9510This document amends the Customs and Border Protection (CBP) regulations by updating the list of airports authorized to accept aircraft traveling to or from Cuba.
Transportation Department -- Pilot Certification and Qualification Requirements for Air Carrier Operations2012-Feb-292012-4627This action would create new certification requirements for pilots in air carrier operations. The proposal would require a second in command (first officer) in part 121 operations to hold an airline transport pilot (ATP) certificate and a type rating for the aircraft to be flown. The FAA proposes to allow pilots with an aviation degree or military pilot experience to obtain an ATP certificate with restricted privileges with fewer than 1,500 hours total time as a pilot. The proposal also would require at least 1,000 flight hours in air carrier operations in order to serve as a pilot in command in part 121 air carrier operations. Finally, the FAA is proposing to modify an ATP certificate with an airplane category multiengine class rating or type rating to require 50 hours of multiengine flight experience and completion of a new FAA-approved ATP Certification Training Program for a Multiengine Class Rating or Type Rating that would include academic training and training in a flight simulation training device. These proposed requirements would ensure that pilots have proper qualifications and experience in difficult operational conditions and in a multicrew environment prior to serving as pilot flightcrew members in air carrier operations.
Homeland Security Department -- Exemptions From Entry Requirements and Report of Arrival Requirements for Certain Department of Defense Vessels and Aircraft2012-Feb-092012-2925Certain vessels and aircraft owned or chartered by the Department of Defense (DoD) are exempt from entry requirements and, in some cases, reporting requirements upon their arrival in the United States from a foreign place. This rule proposes to expand those exemptions to include additional DoD-owned or chartered vessels and aircraft when transporting certain cargo or passengers.
Transportation Department -- FAA-Approved Portable Oxygen Concentrators; Technical Amendment2012-Jan-272012-1830The FAA is amending regulations relating to operating rules for FAA approved portable oxygen concentrators (POC) onboard aircraft. This document updates the names of two manufacturers of approved POCs listed in the Special Federal Aviation Regulation (SFAR).
Transportation Department -- Flightcrew Member Duty and Rest Requirements2012-Jan-042011-33078This rule amends the FAA's existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members operating under the domestic, flag, and supplemental operations rules. The rule recognizes the universality of factors that lead to fatigue in most individuals and regulates these factors to ensure that flightcrew members in passenger operations do not accumulate dangerous amounts of fatigue. Fatigue threatens aviation safety because it increases the risk of pilot error that could lead to an accident. This risk is heightened in passenger operations because of the additional number of potentially impacted individuals. The new requirements eliminate the current distinctions between domestic, flag and supplemental passenger operations. The rule provides different requirements based on the time of day, whether an individual is acclimated to a new time zone, and the likelihood of being able to sleep under different circumstances.
Transportation Department -- Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air2011-Dec-302011-33358This document responds to administrative appeals, provides clarifications, and corrects typographical and other minor errors adopted in an international harmonization final rule published January 19, 2011 (HM-215K; 76 FR 3308). The final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes.
Transportation Department -- Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports2011-Sep-262011-24298The Department of Transportation (Department) proposes to revise its rule implementing the Air Carrier Access Act (ACAA) to provide greater accommodations for individuals with disabilities in air travel by requiring U.S. and foreign air carriers to make their Web sites accessible to individuals with disabilities and to ensure that their ticket agents do the same. It would also require U.S. and foreign air carriers to ensure that their proprietary and shared-use automated airport kiosks are accessible to individuals with disabilities. In addition, the Department proposes to revise its rule implementing Section 504 of the Rehabilitation Act to require U.S. airports to ensure that shared-use automated airport kiosks are accessible to individuals with disabilities. This supplemental notice of proposed rulemaking (SNPRM) applies to U.S. carriers and to foreign air carriers operating flights to, from, and in the United States. It also applies to U.S. airports with annual enplanements of 10,000 or more. The proposed rule establishes the technical criteria and procedures that apply to automated airport kiosks and to Web sites on which covered air transportation is marketed to the general public in the U.S. to ensure that individuals with disabilities can readily use these technologies to obtain the same information and services as other members of the public.
Transportation Department -- Smoking of Electronic Cigarettes on Aircraft2011-Sep-152011-23673The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. The Department is taking this action because of the increased promotion of electronic cigarettes and the potential health and passenger comfort concerns that they pose in an aircraft. The Department is also considering whether to extend the ban on smoking (including electronic cigarettes) to charter flights of air carriers (i.e. U.S. carriers) and foreign air carriers with aircraft that have a designed seating capacity of 19 or more passenger seats.
Transportation Department -- Activation of Ice Protection2011-Aug-222011-21247This action revises the operating rules for flight in icing conditions. For certain airplanes certificated for flight in icing, the new standards require either installation of ice detection equipment or changes to the airplane flight manual to ensure timely activation of the airframe ice protection system. This action is the result of information gathered from icing accidents and incidents. It is intended to increase the level of safety when airplanes fly in icing conditions.
Transportation Department -- Restrictions on Operators Employing Former Flight Standards Service Aviation Safety Inspectors2011-Aug-222011-21315This rule will prohibit any person holding a certificate from knowingly employing, or making a contractual arrangement with, certain individuals to act as an agent or a representative of the certificate holder in any matter before the FAA under certain conditions. These restrictions will apply if the individual, in the preceding 2-year period directly served as, or was directly responsible for the oversight of, a Flight Standards Service Aviation Safety Inspector, and had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. This rule will also apply to persons who own or manage fractional ownership program aircraft that are used to conduct operations under specific regulations described in this document. This rule will establish these restrictions to prevent potential organizational conflicts of interest which could adversely affect aviation safety.
Homeland Security Department -- Air Cargo Screening2011-Aug-182011-20840This rule amends two provisions of the Air Cargo Screening Interim Final Rule (IFR) issued on September 16, 2009, and responds to public comments on the IFR. The IFR codified a statutory requirement of the Implementing Recommendations of the 9/11 Commission Act of 2007 that the Transportation Security Administration (TSA) establish a system to screen 100 percent of cargo transported on passenger aircraft not later than August 3, 2010. It established the Certified Cargo Screening Program, in which TSA certifies shippers, indirect air carriers, and other entities as Certified Cargo Screening Facilities (CCSFs) to screen cargo prior to transport on passenger aircraft. Under the IFR, each CCSF applicant had to successfully undergo an assessment of their facility by a TSA-approved validation firm or by TSA. In response to public comment, this Final Rule removes all validation firm and validator provisions, so that TSA will continue to conduct assessments of the applicant's facility to determine if certification is appropriate. The IFR also required that if an aircraft operator or foreign air carrier screens cargo off an airport, it must do so as a CCSF. The Final Rule deletes this requirement, as aircraft operators are already screening cargo on airport under a TSA-approved security program, and do not need a separate certification to screen cargo off airport. This rule also proposes a fee range for the processing of Security Threat Assessments, and seeks comment on the proposed fee range and the methodology used to develop the fee. TSA will announce the final fee in a future Federal Register notice.
Transportation Department -- Hazardous Materials Regulations; Compatibility With the Regulations of the International Atomic Energy Agency2011-Aug-122011-19872PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication ``Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1'' (hereafter referred to as TS-R-1). The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.
Transportation Department -- Reporting Ancillary Airline Passenger Revenues2011-Jul-152011-17652The U.S. Department of Transportation (DOT or the Department) is proposing to collect revenue information in a more detailed manner regarding airline imposed fees from those air carriers meeting the definition of a large certificated air carrier. Many air carriers have adopted a la carte pricing with separate fees for such things as checked baggage, carry-on baggage, meals, on-board entertainment, internet connections, pillows, blankets, advance or upgraded seating, telephone reservations, early boarding, canceled or changed reservations, transportation of unaccompanied minors, pet transportation, third-party services such as hotel rooms, car rentals, and pick-up and delivery services, et cetera. The Department wants to make airline pricing more transparent to consumers and airline analysts. This action is in response to a Departmental initiative and responds to recommendations of the Government Accountability Office. Also, the Department is proposing to change the way it computes mishandled baggage rates from mishandled baggage reports per unit of domestic enplanements to mishandled bags per unit of checked bags. Fees for checked baggage have changed consumer behavior regarding the number of bags they check, skewing mishandled baggage rates. Finally, the Department is proposing to fill a data gap by collecting separate statistics for mishandled wheelchairs and scooters used by passengers with disabilities.
Transportation Department -- Training and Qualification Requirements for Check Airmen and Flight Instructors; Technical Amendment2011-Jun-162011-14999The FAA is amending its regulations regarding separate requirements for check airmen who check only in flight simulators and flight instructors who instruct only in flight simulators. This document corrects minor technical errors in the codified text of those regulations.
Transportation Department -- Nondiscrimination on the Basis of Disability in Air Travel; Accessibility of Aircraft and Stowage of Wheelchairs2011-Jun-032011-13802The Department of Transportation is seeking comment on whether or not the prohibition against using the seat-strapping method (placing a wheelchair across a row of seats using a strap kit with safety- approval from the Federal Aviation Administration or applicable foreign government) to transport a passenger's wheelchair in the cabin of newer aircraft as set forth in DOT regulations should be deleted, modified, or remain as written.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Addition of Dallas Love Field Municipal Airport, Dallas, TX2011-Jun-022011-13615This document amends the regulations pertaining to the organization of U.S. Customs and Border Protection (CBP) by revising the list of user fee airports to reflect the recent user fee airport designation for Dallas Love Field Municipal Airport, in Dallas, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Addition of Naples Municipal Airport, Naples, FL2011-May-272011-13283This document amends the regulations pertaining to the organization of U.S. Customs and Border Protection (CBP) by revising the list of user fee airports to reflect the recent user fee airport designation for Naples Municipal Airport, in Naples, Florida. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers2011-May-202011-10554On January 12, 2009, the FAA published a notice of proposed rulemaking on qualification, service, and use of crewmembers and aircraft dispatchers. Because of the complexity of the issues and the concerns raised by commenters, the FAA is issuing this supplemental notice of proposed rulemaking. The FAA proposes to amend the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. The proposed regulations enhance traditional training programs by requiring the use of flight simulation training devices for flightcrew members and including additional training and evaluation requirements for all crewmembers and aircraft dispatchers in areas that are critical to safety. The proposal also reorganizes and revises the qualification, training, and evaluation requirements. The proposed changes are intended to contribute significantly to reducing aviation accidents.
Transportation Department -- Enhancing Airline Passenger Protections2011-Apr-252011-9736The Department of Transportation is issuing a final rule to improve the air travel environment for consumers by: Increasing the number of carriers that are required to adopt tarmac delay contingency plans and the airports at which they must adhere to the plan's terms; increasing the number of carriers that are required to report tarmac delay information to the Department; expanding the group of carriers that are required to adopt, follow, and audit customer service plans and establishing minimum standards for the subjects all carriers must cover in such plans; adding carriers to those required to include their contingency plans and customer service plans on their websites; increasing the number of carriers that must respond to consumer complaints; enhancing protections afforded passengers in oversales situations, including increasing the maximum denied boarding compensation airlines must pay to passengers bumped from flights; strengthening, codifying and clarifying the Department's enforcement policies concerning air transportation price advertising practices; requiring carriers to notify consumers of optional fees related to air transportation and of increases in baggage fees; prohibiting post- purchase price increases; requiring carriers to provide passengers timely notice of flight status changes such as delays and cancellations; and prohibiting carriers from imposing unfair contract of carriage choice-of-forum provisions. The Department is taking this action to strengthen the rights of air travelers in the event of oversales, flight cancellations and delays, ensure that passengers have accurate and adequate information to make informed decisions when selecting flights, prohibit unfair and deceptive practices such as post-purchase price increases and contract of carriage choice-of-forum provisions, and to ensure responsiveness to consumer complaints.
Transportation Department -- Lavatory Oxygen Systems2011-Mar-082011-5325This action temporarily authorizes variances from existing standards related to the provisioning of supplemental oxygen inside lavatories. This action is necessitated by other mandatory actions that temporarily render such oxygen systems inoperative.
Transportation Department -- Removal of Expired Federal Aviation Administration Regulations and References2011-Feb-162011-3467The Federal Aviation Administration (FAA) is making minor technical changes to its regulations by removing expired Special Federal Aviation Regulations (SFARs) and cross-references, as well as other expired or obsolete regulations. None of these changes are substantive in nature since the regulations in question have expired and are not currently in effect. This technical amendment is necessary to update our regulations. The rule will not impose any additional burden or restriction on persons or organizations affected by these regulations.
Transportation Department -- Operations Specifications2011-Feb-102011-2834This amendment clarifies and standardizes the rules for applications by foreign air carriers and foreign persons for part 129 operations specifications and establishes new standards for amendment, suspension, and termination of those operations specifications. In addition, the FAA has moved definitions currently contained in a subpart to a separate part for clarity with no substantive changes to the definitions. The amendment also applies to foreign persons operating U.S.-registered aircraft in common carriage solely outside the United States. This action is necessary to update the process for issuing operations specifications and establishes a regulatory basis for current practices, such as amending, terminating, or suspending operations specifications.
Transportation Department -- Safety Enhancements Part 139, Certification of Airports2011-Feb-012011-2164The FAA proposes to amend the airport certification standards in part 139. This action would establish minimum standards for training of personnel who access the airport non-movement area (ramp and apron) to help prevent accidents and incidents in that area. A certificate holder would be required to conduct pavement surface evaluations to ensure reliability of runway surfaces in wet weather conditions. This action would also require a Surface Movement Guidance Control System (SMGCS) plan if the certificate holder conducts low visibility operations. The plan would facilitate the safe movement of aircraft and vehicles in low visibility conditions. Finally, this action would clarify the applicability of part 139 and explicitly prohibit fraudulent or intentionally false statements in a certificate application or record required to be maintained.
Homeland Security Department -- Airports of Entry or Departure for Flights to and From Cuba2011-Jan-282011-2011Under Department of Homeland Security (DHS) regulations, direct flights between the United States and Cuba must arrive at or depart from one of three named U.S. airports: John F. Kennedy International Airport, Los Angeles International Airport, or Miami International Airport. This document amends current DHS regulations to allow additional U.S. airports that are able to process international flights to request approval of U.S. Customs and Border Protection (CBP) to process authorized flights between the United States and Cuba. These amendments are in accordance with the President's recent statement easing the restrictions placed on flights to and from Cuba by, among other things, providing that eligible airports may seek approval from CBP to accommodate flights arriving from, or departing for, Cuba. This statement builds upon the President's 2009 initiative to promote democracy and human rights in Cuba by easing travel restrictions to facilitate greater contact between separated family members in the United States and Cuba.
Transportation Department -- Crew Resource Management Training for Crewmembers in Part 135 Operations2011-Jan-212011-1211This final rule requires all certificate holders conducting operations under part 135 to include in their training programs crew resource management training for crewmembers, including pilots and flight attendants. This final rule is needed to ensure that crewmembers in part 135 operations receive training in the use of crew resource management principles, as appropriate for their operation. This final rule responds to National Transportation Safety Board recommendations, addresses a recommendation from the Part 125/135 Aviation Rulemaking Committee, and codifies current FAA guidance. The intended effect of this final rule is to reduce the frequency and severity of errors that are crew based, which will reduce the frequency of accidents and incidents within the scope of part 135 operations.
Transportation Department -- Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air2011-Jan-192010-33324PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport limited quantities, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations.
Transportation Department -- Aging Airplane Program: Widespread Fatigue Damage2010-Nov-152010-28363This final rule amends FAA regulations pertaining to certification and operation of transport category airplanes to prevent widespread fatigue damage in those airplanes. For certain existing airplanes, the rule requires design approval holders to evaluate their airplanes to establish a limit of validity of the engineering data that supports the structural maintenance program (LOV). For future airplanes, the rule requires all applicants for type certificates, after the affective date of the rule, to establish an LOV. Design approval holders and applicants must demonstrate that the airplane will be free from widespread fatigue damage up to the LOV. The rule requires that operators of any affected airplane incorporate the LOV into the maintenance program for that airplane. Operators may not fly an airplane beyond its LOV unless an extended LOV is approved.
Transportation Department -- Safety Management Systems for Part 121 Certificate Holders2010-Nov-052010-28050The FAA proposes to require each certificate holder operating under 14 CFR part 121 to develop and implement a safety management system (SMS) to improve the safety of their aviation related activities. A safety management system is a comprehensive, process- oriented approach to managing safety throughout an organization. An SMS includes an organization-wide safety policy; formal methods for identifying hazards, controlling, and continually assessing risk; and promotion of a safety culture. SMS stresses not only compliance with technical standards but increased emphasis on the overall safety performance of the organization.
Transportation Department -- Crewmember Requirements When Passengers are Onboard2010-Nov-052010-28056Currently, during passenger boarding and deplaning, all flight attendants are required to be on board the airplane. This final rule will allow one required flight attendant to deplane during passenger boarding, to conduct safety-related duties, as long as certain conditions are met. In addition, this rule will allow a pilot or flight engineer not assigned to the flight to substitute for a flight attendant when that flight attendant does not remain within the immediate vicinity of the door through which passengers are boarding. This rule will also allow a reduction of flight attendants remaining on board the airplane during passenger deplaning, as long as certain conditions are met. The FAA has determined that these revisions to current regulations can be made as a result of recent safety enhancements to airplane equipment and procedures. These changes have mitigated the risks to passengers during ground operations that previously required all flight attendants to be on board the airplane during passenger boarding and deplaning.
Transportation Department -- Safety Management System for Certificated Airports2010-Oct-072010-25338This action would require each certificate holder to establish a safety management system (SMS) for its entire airfield environment (including movement and non-movement areas) to improve safety at airports hosting air carrier operations. An SMS is a formalized approach to managing safety by developing an organization-wide safety policy, developing formal methods of identifying hazards, analyzing and mitigating risk, developing methods for ensuring continuous safety improvement, and creating organization-wide safety promotion strategies. When systematically applied in an SMS, these activities provide a set of decision-making tools that airport management can use to improve safety. This proposal would require a certificate holder to submit an implementation plan and implement an SMS within timeframes commensurate with its class of Airport Operating Certificate (AOC).
Transportation Department -- Pilot, Flight Instructor, and Pilot School Certification2010-Sep-172010-23283The Federal Aviation Administration (FAA) is making minor technical changes to a final rule published in the Federal Register on August 21, 2009. That final rule revised the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. Through this technical amendment, we are clarifying the intent of Sec. 141.5(d) and reinserting language that was inadvertently removed pertaining to special courses of training under appendix K of part 141.
Transportation Department -- Flightcrew Member Duty and Rest Requirements2010-Sep-142010-22626The FAA is proposing to amend its existing flight, duty and rest regulations applicable to certificate holders and their flightcrew members. The proposal recognizes the growing similarities between the types of operations and the universality of factors that lead to fatigue in most individuals. Fatigue threatens aviation safety because it increases the risk of pilot error that could lead to an accident. The new requirements, if adopted, would eliminate the current distinctions between domestic, flag and supplemental operations. The proposal provides different requirements based on the time of day, whether an individual is acclimated to a new time zone, and the likelihood of being able to sleep under different circumstances.
Transportation Department -- Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air2010-Aug-242010-19952PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations.
Homeland Security Department -- Electronic System for Travel Authorization (ESTA): Travel Promotion Fee and Fee for Use of the System2010-Aug-092010-19700Nonimmigrant aliens who wish to enter the United States under the Visa Waiver Program at air or sea ports of entry must obtain a travel authorization electronically through the Electronic System for Travel Authorization (ESTA) from U.S. Customs and Border Protection prior to departing for the United States. This rule requires ESTA applicants to pay a congressionally mandated fee of $14.00, which is the sum of two amounts: a $10 travel promotion fee for an approved ESTA statutorily set by the Travel Promotion Act and a $4.00 operational fee for the use of ESTA as set by the Secretary of Homeland Security to ensure recovery of the full costs of providing and administering the ESTA system.
Transportation Department -- Nondiscrimination on the Basis of Disability in Air Travel; Corrections2010-Jul-302010-18531The Department of Transportation published its amended Air Carrier Access Act (ACAA) rule in the Federal Register on Tuesday, May 13, 2008 (73 FR 27614). That rule amended the ACAA rules to apply to foreign air carriers and added new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. A corrections notice was published on March 18, 2009. This document further corrects editorial errors or omissions and provides clarifications regarding the preamble and regulatory text of the final rule.
Transportation Department -- Submitting Airline Data via the Internet2010-Jul-162010-16637The U.S. Department of Transportation requires U.S. air carriers to submit their recurrent financial, traffic, operational and consumer data reports electronically via the Internet using the comma separated value (CSV) file format or a PDF file for reports that are not entered into a database such as signed certifications, transmittal letters, and annual reports. This rule will enhance security of the data submissions, eliminate air carriers' fax and mailing costs, eliminate the need for the Department to manually enter hardcopy data submissions, and provide reporting air carriers with immediate notification and a receipt from the Department that the report was received. This action is taken on the Department's initiative.
Transportation Department -- Use of One Additional Portable Oxygen Concentrator Device on Board Aircraft2010-Jul-122010-16925This action amends Special Federal Aviation Regulation 106 (SFAR 106), Rules for Use of Portable Oxygen Concentrator Systems on Board Aircraft, to allow for the use of one additional portable oxygen concentrator (POC) device on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA for use in air commerce to be available to the traveling public in need of oxygen therapy. When this rule becomes effective, there will be 12 different POC devices the FAA finds acceptable for use on board aircraft. Passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.
Transportation Department -- Enhancing Airline Passenger Protections2010-Jun-252010-15536The Department of Transportation is clarifying its notice of proposed rulemaking (NPRM) published in the Federal Register on June 8, 2010, which, among other issues, solicits comments on options to provide greater access to air travel for persons with peanut allergies. The June 8 document also proposes action to strengthen the rights of air travelers in the event of oversales, flight cancellations and long delays, and to ensure that passengers have accurate and adequate information to make informed decisions when selecting flights.
Transportation Department -- Posting of Flight Delay Data on Web Sites2010-Jun-212010-15000This direct final rule amends the time period for uploading flight performance information to an air carrier's Web site from anytime between the 20th and 23rd day of the month to the fourth Saturday of the month. The intended effect of this rule is to provide regulatory relief to industry by allowing carriers to follow standard industry practice of updating flight information such as schedule changes on Saturday. This action is necessary to address difficulties concerning implementation and compliance with the requirement to post flight delay data on carriers' Web sites. Moreover, this change would further the Department's goal of having all carriers upload flight information at the same time, thus ensuring passengers are comparing flight performance data from the same time period. The amendment contained in this rule is a minor substantive change, in the public interest, and unlikely to result in adverse comment.
Transportation Department -- Enhancing Airline Passenger Protections2010-Jun-082010-13572The Department of Transportation is proposing to improve the
Transportation Department -- Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-Demand Operations: Corrections and Editorial Changes2010-May-122010-11266The Federal Aviation Administration (FAA) is making minor technical changes to a final rule published in the Federal Register on June 14, 1996. That final rule adopted corrections and editorial changes to several parts, which included an amendment to a section of part 119 that removed two subparagraphs. However, the FAA inadvertently did not also amend a separate section of part 119 to remove reference to the two obsolete subparagraphs. The FAA is issuing this technical amendment to correct that oversight.
National Mediation Board -- Representation Election Procedure2010-May-112010-11026As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is amending its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. This change to its election procedures will provide a more reliable measure/indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters.
Transportation Department -- Operations Specifications2010-May-072010-10890This proposed rule would clarify and standardize the rules for applications by foreign air carriers and foreign persons for operations specifications and establish new standards for amendment, suspension or termination of those operations specifications. The proposed rule would also apply to foreign persons operating U.S.-registered aircraft in common carriage solely outside the United States. This action is necessary to update the process for issuing operations specifications, and it will establish a regulatory basis for current practices, such as amending, terminating or suspending operations specifications.
Transportation Department -- Enhancing Airline Passenger Protections: Extension of Compliance Date for Posting of Flight Delay Data on Web Sites2010-Apr-052010-7627The Department of Transportation is extending by 60 days, i.e., until June 29, 2010, the compliance date of the provision in its final rule entitled ``Enhancing Airline Passenger Protections'' that requires airlines to publish flight delay information on their Web sites. This extension is in response to requests by several carrier associations for an additional 90 days time for airlines to comply with the requirement to display flight delay data on Web sites in view of the extensive changes to carriers' reporting systems that are necessitated by the rule and their contention that completion of these tasks is not possible by April 29, 2010, the current effective date of the requirement. The Department agrees that additional time to comply with the posting of flight delay information on the carriers' Web sites is warranted to ensure the posting of complete and accurate information but has determined that 60 days is enough time for the carriers to do so. Therefore, this final rule extends the compliance date for the provision in question for an additional 60 days, from April 29, 2010, to June 29, 2010.
Transportation Department -- Extension of the Compliance Date for Cockpit Voice Recorder and Digital Flight Data Recorder Regulations2010-Apr-052010-7660On March 7, 2008, the FAA published a final rule titled ``Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations.'' The rule required certain upgrades of cockpit voice recorder and digital flight data recorder equipment on certain aircraft beginning April 7, 2010. That compliance date is being changed for certain requirements on certain aircraft.
Homeland Security Department -- Designation of Greece for the Visa Waiver Program2010-Mar-312010-7211Citizens and eligible nationals of participating Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On March 4, 2010, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Greece as a country that is eligible to participate in the Visa Waiver Program. Accordingly, this rule updates the list of countries authorized to participate in the Visa Waiver Program by adding Greece.
Transportation Department -- Extended Operations (ETOPS) of Multi-Engine Airplanes; Technical Amendment2010-Mar-152010-5589The Federal Aviation Administration is making a minor amendment to a previously published final rule. That final rule applied to air carrier, commuter, and on-demand turbine powered multi-engine airplanes used in passenger-carrying, and some all-cargo, extended- range operations. This technical amendment corrects an incorrect citation reference.
Transportation Department -- Enhancing Airline Passenger Protections: Response to Requests To Extend Compliance Date2010-Mar-102010-5244The Department of Transportation is proposing to extend by 45 days, or until June 14, 2010, the compliance date of the provision in its final rule entitled ``Enhancing Airline Passenger Protections,'' published December 30, 2009, and effective April 29, 2010, that requires airlines to publish flight delay information on their Web sites. This proposal is in response to the petition of the Air Transport Association of America (ATA), the Regional Airline Association (RAA) and the Air Carrier Association of America (ACAA) for an additional 90 days time for airlines to comply with the requirement to display flight delay data on Web sites in view of the extensive changes to carriers' reporting systems that are necessitated by the rule and their contention that completion of these tasks is not possible by April 29, 2010, the current effective date of the requirement. The Department acknowledges that additional time to comply with the posting of flight delay information on the carriers' Web sites may be warranted to ensure the posting of complete and accurate information but is not persuaded that the full 90 days requested by the carrier associations is needed. Therefore, this NPRM proposes to extend the compliance date for the provision in question for an additional 45 days, from April 29, 2010, to June 14, 2010.
Transportation Department -- Filtered Flight Data2010-Feb-192010-3321The FAA amends digital flight data recorder regulations affecting certain air carriers and operators. This final rule prohibits the filtering of some original flight recorder sensor signals unless a certificate holder can show that the data can be accurately reconstructed. This final rule improves the integrity and quality of the data recorded on digital flight data recorders while giving aircraft designers and operators more flexibility in system design and operation where allowable.
Transportation Department -- Procedures for Reimbursement of General Aviation Operators and Service Providers in the Washington, DC Area; Removal2010-Feb-022010-2134This final rule removes a DOT rule, Procedures for Reimbursement of General Aviation Operators and Service Providers in the Washington, DC Area, 14 CFR Part 331. This rule is being removed because all reimbursements under the program have been made and all program activities completed. The rule established procedures to reimburse eligible fixed-based general aviation operators and providers of ground support services, at five Washington, DC area airports, for direct and incremental financial losses incurred while the airports were closed to general aviation operations solely due to actions of the Federal government after the September 11, 2001 terrorist attacks. The rule implemented a provision in the Department's Fiscal Year 2006 Appropriations Act, which made up to $17 million available for such reimbursements until expended. The rule required applications for reimbursement to be submitted by June 8, 2007. All applications have been processed, payments made, and required releases executed.
Transportation Department -- Drug and Alcohol Testing Program; Correction2010-Jan-202010-908The Federal Aviation Administration (FAA) is correcting its drug and alcohol testing regulations published on May 14, 2009. The FAA inadvertently excluded necessary wording within the text of two separate definitions; added wording to the sections describing refusals to submit to drug or alcohol tests; directed readers to an incorrect subpart for a referenced definition; omitted a cross reference to a list of applicable regulations; and added wording when describing an operator. This rule corrects those inadvertent errors and includes other minor editorial corrections. These corrections will not impose any additional requirements on operators affected by these regulations.
Transportation Department -- Hazardous Materials: Transportation of Lithium Batteries2010-Jan-112010-281PHMSA, in consultation with the Federal Aviation Administration (FAA), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) on the transportation of lithium cells and batteries, including lithium cells and batteries packed with or contained in equipment. The proposed changes are intended to enhance safety by ensuring that all lithium batteries are designed to withstand normal transportation conditions. This would include provisions to ensure all lithium batteries are packaged to reduce the possibility of damage that could lead to a catastrophic incident, and minimize the consequences of an incident. In addition, lithium batteries would be accompanied by hazard communication that ensures appropriate and careful handling by air carrier personnel, including the flight crew, and informs both transport workers and emergency response personnel of actions to be taken in an emergency. These proposals are largely consistent with changes made to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations) and the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and respond to recommendations issued by the National Transportation Safety Board (NTSB).
Transportation Department -- Extension of the Compliance Date for Cockpit Voice Recorder and Digital Flight Data Recorder Regulations2010-Jan-072010-31On March 7, 2008, the FAA published a final rule titled ``Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations.'' The rule required certain upgrades of digital flight data recorder and cockpit voice recorder equipment on certain aircraft beginning April 7, 2010. The FAA is proposing to change that compliance date for some aircraft as outlined in this notice. This action follows petitions from several aircraft manufacturers and industry organizations indicating an inability to comply with the April 2010 requirement.
Transportation Department -- Use of Additional Portable Oxygen Concentrator Devices on Board Aircraft2010-Jan-069-31380This action amends Special Federal Aviation Regulation 106 (SFAR 106), Use of Certain Portable Oxygen Concentrator Devices on Board Aircraft, to allow for the use of four additional portable oxygen concentrator (POC) devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA to be available to the traveling public in need of oxygen therapy, for use in air commerce. When this rule becomes effective, there will be a total of 11 different POC devices the FAA finds acceptable for use on board aircraft, and passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator.
Transportation Department -- Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Correction2010-Jan-049-30556On January 14, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule amending the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The revisions were necessary to harmonize the HMR with recent changes to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, Transport Canada's Transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also included amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. This final rule corrects several errors in the January 14, 2009 final rule.
Transportation Department -- Enhancing Airline Passenger Protections2009-Dec-309-30615The Department of Transportation is issuing a final rule to enhance airline passenger protections in the following ways: By requiring air carriers to adopt contingency plans for lengthy tarmac delays and to publish those plans on their Web sites; by requiring air carriers to respond to consumer problems; by deeming continued delays on a flight that is chronically late to be unfair and deceptive in violation of 49 U.S.C. 41712; by requiring air carriers to publish information on flight delays on their Web sites; and by requiring air carriers to adopt customer service plans, to publish those plans on their Web sites, and audit their own compliance with their plans. The Department took this action on its own initiative in response to the many instances when passengers have been subject to delays on the airport tarmac for lengthy periods and also in response to the high incidence of flight delays and other consumer problems.
Transportation Department -- Part 121 Activation of Ice Protection2009-Nov-239-28036This action would amend the regulations applicable to operators of certain airplanes used in Title 14 Code of Federal Regulations part 121 operations and certificated for flight in icing conditions. The proposed standards would require either the installation of ice detection equipment or changes to the Airplane Flight Manual to ensure timely activation of the airframe ice protection system. This proposed regulation is the result of information gathered from a review of icing accidents and incidents, and it is intended to improve the level of safety when airplanes are operated in icing conditions.
Transportation Department -- Restrictions on Operators Employing Former Flight Standards Service Aviation Safety Inspectors2009-Nov-209-27852This proposed rule would prohibit any person holding a certificate to conduct certain operations from knowingly employing, or making a contractual arrangement with, certain individuals to act as an agent or a representative of the certificate holder in any matter before the FAA under certain conditions. These restrictions would apply if the individual, in the preceding 2-year period: Directly served as, or was directly responsible for the oversight of, a Flight Standards Service Aviation Safety Inspector; and had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. This proposed rule would also apply to persons who own or manage fractional ownership program aircraft that are used to conduct operations under specific regulations described in this document. This proposed rule would establish these restrictions to prevent potential organizational conflicts of interests which could adversely affect aviation safety.
Homeland Security Department -- Aircraft Repair Station Security2009-Nov-189-27624TSA is proposing to issue regulations to improve the security of domestic and foreign aircraft repair stations as required by the Vision 100-Century of Aviation Reauthorization Act. The proposed regulations establish requirements for repair stations that are certificated by the Federal Aviation Administration (FAA) under 14 CFR part 145 to adopt and implement a standard security program and to comply with security directives issued by TSA. This rule proposes to codify the scope of TSA's existing inspection program and to require regulated parties to allow TSA and Department of Homeland Security (DHS) officials to enter, inspect, and test property, facilities, and records relevant to repair stations. The proposed regulations also provide procedures for TSA to notify repair stations of any deficiencies in their security programs, and to determine whether a particular repair station presents an immediate risk to security. The proposal includes a process whereby a repair station may seek review of a determination by TSA that the station has not adequately addressed security deficiencies or that the repair station poses an immediate risk to security.
National Mediation Board -- Representation Election Procedure2009-Nov-039-26437As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is proposing to amend its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. The NMB believes that this change to its election procedures will provide a more reliable measure/ indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters.
Homeland Security Department -- Technical Amendments to List of User Fee Airports: Removal of User Fee Status for Roswell Industrial Air Center, Roswell, NM and March Inland Port Airport, Riverside, CA and Name Change for Capital City Airport, Lansing, MI2009-Oct-219-25318This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the removal of the user fee designations for the Roswell Industrial Air Center in Roswell, New Mexico and the March Inland Port Airport in Riverside, California, as well as indicating that the Capital City Airport in Lansing, Michigan has changed its name to the Capital Region International Airport. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Termination of User Fee Status of Santa Maria Public Airport, Santa Maria, CA2009-Oct-219-25321This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the withdrawal of the user fee airport designation for Santa Maria Public Airport, Santa Maria, California. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Homeland Security Department -- Technical Correction To Remove Obsolete Compliance Date Provisions From Electronic Cargo Information Regulations2009-Oct-149-24668This final rule removes the compliance date provisions of various sections of the CBP regulations pertaining to mandatory advance electronic transmission of in-bound and out-bound cargo information. As all the provisions requiring advance electronic transmission of cargo information are now in effect because the various dates or events described in the compliance date paragraphs triggering the compliance date have occurred, the compliance date paragraphs are now obsolete.
Homeland Security Department -- Air Cargo Screening2009-Sep-169-21794This rule codifies a statutory requirement of the Implementing Recommendations of the 9/11 Commission Act that the Transportation Security Administration (TSA) establish a system to screen 100 percent of cargo transported on passenger aircraft by August 3, 2010. To assist in carrying out this mandate, this rule establishes a program under which TSA will certify cargo screening facilities located in the U.S. that volunteer to screen cargo prior to tendering it to aircraft operators for carriage on passenger aircraft. This rule requires affected passenger aircraft operators to ensure that either an aircraft operator or certified cargo screening facility that does so in accordance with TSA standards, or TSA itself, screens all cargo loaded on passenger aircraft. TSA will require certified cargo screening facilities (CCSFs) to screen cargo using TSA-approved methods and implement chain of custody measures to ensure the security of the screened cargo throughout the air cargo supply chain prior to tendering it for transport on passenger aircraft. CCSF personnel must successfully undergo a TSA-conducted security threat assessment (STA) and pay a fee for that assessment. TSA proposes a fee to cover the Government's costs in conducting the STA and requests comment on the fee and the methodology used to develop the fee. Before being certified and periodically thereafter, the CCSF must undergo examination by a TSA-approved validator. Validators must have specified qualifications, complete training regarding the certified cargo screening program (CCSP), and successfully undergo a TSA- conducted STA as described in the discussion of part 1540 in this preamble, and pay a fee for that assessment.
Environmental Protection Agency -- Effluent Limitation Guidelines and New Source Performance Standards for the Airport Deicing Category2009-Aug-289-20291EPA is proposing technology-based effluent limitation guidelines (ELGs) and new source performance standards (NSPS) under the Clean Water Act (CWA) for discharges from airport deicing operations. The requirements generally would apply to wastewater associated with the deicing of aircraft and airfield pavement at primary commercial airports. The ELGs would be incorporated into the NPDES permits issued by EPA, states or tribes. EPA expects compliance with this regulation to reduce the discharge of deicing-related pollutants by at least 44.6 million pounds per year. EPA estimates the annual cost of the rule would be $91.3 million.
Transportation Department -- Part 121 Pilot Age Limit2009-Jul-159-16777This action amends the Code of Federal Regulations to conform certain regulations with recent legislation raising the upper age limit for pilots serving in domestic, flag, and supplemental operations until they reach their 65th birthday. The legislation, known as the ``Fair Treatment for Experienced Pilots Act,'' raised the upper age limit from age 60 to age 65. The legislation became effective December 13, 2007. The intended effect of this action is to update the Code of Federal Regulations to reflect the recent legislation.
Transportation Department -- Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations2009-Jul-099-16056The Federal Aviation Administration (FAA) is amending a final rule published in the Federal Register on March 7, 2008. That final rule amended cockpit voice recorder and digital flight data recorder regulations affecting certain air carriers, operators, and aircraft. In that final rule, the FAA failed to include conforming amendments to certain operating rules to ensure that certain new requirements apply to only newly manufactured aircraft.
Transportation Department -- Reduction of Fuel Tank Flammability in Transport Category Airplanes2009-Jul-029-15311The Federal Aviation Administration (FAA) is correcting inadvertent errors that appeared in a previously-published final rule. That final rule amended FAA regulations that require operators and manufacturers of transport category airplanes to take steps that, in combination with other required actions, should greatly reduce the chances of a catastrophic fuel tank explosion. In that final rule, erroneous compliance dates were shown. This document changes those compliance dates accordingly. It also corrects other non-substantive errors that have come to our attention.
Homeland Security Department -- Establishing U.S. Ports of Entry in the Commonwealth of the Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa Waiver Program; Change of Implementation Date2009-May-289-12345On January 16, 2009, U.S. Customs and Border Protection (CBP) published an interim final rule that implements section 702 of Title VII of the Consolidated Natural Resources Act of 2008 (CNRA) by amending CBP regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program and establishing six ports of entry in the CNMI. The interim final rule specified that CBP would begin operation of this program on the statutorily established transition program effective date of June 1, 2009. The interim final rule further specified that the existing Guam Visa Waiver Program for travel to Guam would remain in effect until June 1, 2009. On March 31, 2009, the Secretary of the Department of Homeland Security (DHS) announced that she had exercised her authority to delay the transition program effective date until November 28, 2009. This technical amendment effectuates this delay by changing the implementation date of the interim final rule from June 1, 2009 to November 28, 2009.
Transportation Department -- Drug and Alcohol Testing Program2009-May-149-11289This action amends the FAA's drug and alcohol regulations to place them in a new part. The FAA is not making any substantive changes to the drug and alcohol regulations in this rulemaking.
Transportation Department -- Crew Resource Management Training for Crewmembers in Part 135 Operations2009-May-019-10085This proposed rule would require all certificate holders conducting operations under part 135 to include in their training programs crew resource management for crewmembers, including pilots and flight attendants. This proposal is needed to ensure that crewmembers in part 135 operations receive training and practice in the use of crew resource management principles, as appropriate for their operation. This proposed rule would respond to National Transportation Safety Board (NTSB) recommendations, address a recommendation from the Part 125/135 Aviation Rulemaking Committee (ARC), and would codify current FAA guidance. The intended effect of this proposal is to reduce the frequency and severity of errors that are crew based, which will reduce the frequency of accidents and incidents within the scope of part 135 operations.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Addition of St. Augustine Airport, St. Augustine, FL2009-Feb-199-3540This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the recent user fee airport designation for St. Augustine Airport in St. Augustine, Florida. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- Crewmember Requirements When Passengers Are Onboard2009-Jan-219-1140Currently, during passenger boarding and deplaning, all flight attendants are required to be on board the airplane. This rulemaking would allow one required flight attendant to deplane during passenger boarding, and conduct safety-related duties, as long as certain conditions are met. In addition, this rulemaking would allow a reduction of flight attendants remaining on board the airplane during passenger deplaning, as long as certain conditions are met. The FAA has determined that these revisions to current regulations can be made as a result of recent safety enhancements to airplane equipment and procedures. These changes have mitigated the risks to passengers during ground operations that previously required all flight attendants on board the airplane during passenger boarding and deplaning.
Homeland Security Department -- Establishing U.S. Ports of Entry in the Commonwealth of the Northern Mariana Islands (CNMI) and Implementing the Guam-CNMI Visa Waiver Program2009-Jan-169-942Section 702 of the Consolidated Natural Resources Act of 2008 (CNRA) extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI) and provides for a visa waiver program for travel to Guam and the CNMI. This rule implements section 702 of the CNRA by amending U.S. Customs and Border Protection (CBP) regulations to replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. Accordingly, this interim final rule sets forth the requirements for nonimmigrant visitors who seek admission for business or pleasure and solely for entry into and stay on Guam or the CNMI without a visa for a period of authorized stay of no longer than forty-five days. In addition, this rule establishes six ports of entry in the CNMI in order to administer and enforce the Guam-CNMI Visa Waiver Program and to allow for immigration inspections in the CNMI, including arrival and departure controls, under the Immigration and Nationality Act (INA).
Transportation Department -- Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions2009-Jan-148-31383This final rule revises the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, Transport Canada's Transportation of Dangerous Goods Regulations, and the United Nations Recommendations on the Transport of Dangerous Goods. These revisions also include amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. Consistent with recent changes to the International Civil Aviation Organization's Technical Instructions, PHMSA is clarifying the prohibition against transporting electrical devices, including batteries and battery-powered devices that are likely to create sparks or generate a dangerous amount of heat. PHMSA is also modifying and enhancing requirements for the packaging and handling of batteries and battery-powered devices, particularly in air commerce, to emphasize the safety precautions that are necessary to prevent incidents during transportation. PHMSA developed these revisions in conjunction with the Federal Aviation Administration to enhance the safe transportation of batteries and battery-powered devices.
Transportation Department -- Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers2009-Jan-128-29584The FAA proposes to amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The proposed regulations enhance traditional training programs by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The proposal also reorganizes and revises the qualification and training requirements. The proposed changes are intended to contribute significantly to reducing aviation accidents.
Homeland Security Department -- Designation of Malta for the Visa Waiver Program2008-Dec-308-30818Citizens and eligible nationals of participating Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant aliens for a period of 90 days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. This rule adds Malta to the list of countries authorized to participate in the Visa Waiver Program.
Transportation Department -- Enhancing Airline Passenger Protections2008-Dec-088-28527The Department of Transportation seeks comment on rules it is proposing to enhance airline passenger protections in the following ways: by requiring air carriers to adopt contingency plans for lengthy tarmac delays and incorporate them in their contracts of carriage, by requiring air carriers to respond to consumer problems, by deeming the continued operation of a flight that is chronically late to be unfair and deceptive in violation of 49 U.S.C. 41712, by requiring air carriers to publish information on flight delays on their Web sites, and by requiring air carriers to adopt customer service plans, incorporate these into their contracts of carriage, and audit their own compliance with their plans. The Department takes this action on its own initiative in response to the many recent instances when passengers have been subject to waits on airport tarmacs for very long periods and also in response to the ongoing high incidence of flight delays.
Transportation Department -- Revisions to Digital Flight Data Recorder Regulations for Boeing 737 Airplanes and for All Part 125 Airplanes2008-Dec-028-28562The FAA amends the regulations governing flight data recorders to increase the number of digital flight data recorder parameters for all Boeing 737 series airplanes manufactured after August 18, 2000. This change is based on safety recommendations from the National Transportation Safety Board following its investigations of two accidents and several incidents involving 737s. The rule also adopts a prohibition on deviations from flight recorder requirements for all airplanes operated under part 125.
Homeland Security Department -- Rail Transportation Security2008-Nov-268-27287The Transportation Security Administration (TSA) issues this final rule to enhance the security of our Nation's rail transportation system. This rule establishes security requirements for freight railroad carriers; intercity, commuter, and short-haul passenger train service providers; rail transit systems; and rail operations at certain, fixed-site facilities that ship or receive specified hazardous materials by rail. This rule codifies the scope of TSA's existing inspection program and requires regulated parties to allow TSA and Department of Homeland Security (DHS) officials to enter, inspect, and test property, facilities, conveyances, and records relevant to rail security. This rule also requires that regulated parties designate rail security coordinators and report significant security concerns. This rule further requires that freight rail carriers and certain facilities handling specified hazardous materials be able to report location and shipping information to TSA upon request and implement chain of custody requirements to ensure a positive and secure exchange of specified hazardous materials. TSA also clarifies and amends the sensitive security information (SSI) protections to cover certain information associated with rail transportation.
Transportation Department -- Domestic Baggage Liability2008-Nov-218-27772In accordance with Department of Transportation regulations, this final rule raises the minimum limit on domestic baggage liability applicable to air carriers to reflect inflation since July 2006, the basis month of the most recent previous revision to the liability limit. Regulations require that the Department of Transportation periodically revise the limit to reflect changes in the Consumer Price Index for All Urban Consumers. This revision adjusts the minimum limit of liability from the current amount of $3,000 announced by the Department in January 2007 to $3,300, to take into account the changes in consumer prices since the prior revision.
Homeland Security Department -- Advance Information on Private Aircraft Arriving and Departing the United States2008-Nov-188-26621This rule finalizes, with modifications, amendments to U.S. Customs and Border Protection (CBP) regulations pertaining to private aircraft arriving and departing the United States. This final rule requires private aircraft pilots or their designees arriving in the United States from a foreign port or location destined for a U.S. port or location, or departing the United States to a foreign port or location, to transmit electronically to CBP passenger manifest information for each individual traveling onboard the aircraft. This final rule requires private aircraft pilots or their designees to provide additional data elements when submitting a notice of arrival and requires private aircraft pilots or their designees to submit a notice of departure. Private aircraft pilots (or their designees) will be required to submit the notice of arrival and notice of departure information to CBP through an approved electronic data interchange system in the same transmission as the corresponding arrival or departure passenger manifest information. Under this rule, this data must be received by CBP no later than 60 minutes before an arriving private aircraft departs from a foreign location destined for the United States and no later than 60 minutes before a private aircraft departs a U.S. airport or location for a foreign port or place. This rule also expressly acknowledges CBP's authority to restrict aircraft from landing in the United States based on security and/or risk assessments, or, based on such assessments, to specifically designate and limit the airports where aircraft may land or depart.
Homeland Security Department -- Additional Countries Designated for the Visa Waiver Program2008-Nov-178-27062Citizens and eligible nationals of participating Visa Waiver Program countries may apply for admission to the United States at a U.S. port of entry as nonimmigrant aliens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. This rule adds the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic to the list of countries authorized to participate in the Visa Waiver Program.
Homeland Security Department -- Secure Flight Program2008-Oct-288-25432The Intelligence Reform and Terrorism Prevention Act 2004 (IRTPA) requires the Department of Homeland Security (DHS) to assume from aircraft operators the function of conducting pre-flight comparisons of airline passenger information to Federal government watch lists for domestic flights and international flights to, from, and overflying the United States. The Transportation Security Administration (TSA) is issuing this final rule to implement that congressional mandate. This final rule allows TSA to begin implementation of the Secure Flight program, under which TSA will receive passenger and certain non- traveler information, conduct watch list matching against the No Fly and Selectee portions of the Federal government's consolidated terrorist watch list, and transmit a boarding pass printing result back to aircraft operators. TSA will do so in a consistent and accurate manner while minimizing false matches and protecting personally identifiable information. On August 23, 2007, U.S. Customs and Border Protection (CBP) published a final rule to implement pre-departure advance passenger and crew manifest requirements for international flights and voyages departing from or arriving in the United States using CBP's Advance Passenger Information System (APIS). These rules are related. After the compliance date of this Secure Flight final rule, aircraft operators will submit passenger information to DHS through a single DHS portal for both the Secure Flight and APIS programs. This will allow DHS to integrate the watch list matching component of APIS into Secure Flight, resulting in one DHS system responsible for watch list matching for aviation passengers.
Homeland Security Department -- Technical Amendment to List of User Fee Airports: Addition of Valley International Airport, Harlingen, TX2008-Sep-108-20990This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the recent user fee airport designation for Valley International Airport in Harlingen, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- Filtered Flight Data2008-Aug-158-18933The FAA is amending its proposal to prohibit the filtering of some original flight recorder sensor signals. Comments to the NPRM published in November 2006 and changes in available technology have caused us to reexamine our position on data filtering. We are now proposing that certain critical data parameters may be filtered if a certificate holder can show that the data can be accurately reconstructed. This proposed rule would improve the integrity and quality of the data recorded on digital flight data recorders while giving aircraft designers and operators more flexibility in system design and operation where allowable, including an option to filter data.
Transportation Department -- Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; and Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions2008-Jul-318-16579PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods. The proposals include amendments and clarifications addressing the safe transportation of batteries and battery-powered devices. Consistent with recent changes to the International Civil Aviation Organization's Technical Instructions, PHMSA is proposing to clarify the prohibition against transporting electrical devices, including batteries and battery-powered devices that are likely to create sparks or generate a dangerous amount of heat. PHMSA also is proposing to modify and enhance requirements for the packaging and handling of batteries and battery-powered devices, particularly in air commerce, to emphasize the safety precautions that are necessary to prevent incidents during transportation. PHMSA developed these proposals in conjunction with the Federal Aviation Administration in order to enhance the safe transportation of batteries and battery-powered devices.
Transportation Department -- Reduction of Fuel Tank Flammability in Transport Category Airplanes2008-Jul-218-16084This final rule amends FAA regulations that require operators and manufacturers of transport category airplanes to take steps that, in combination with other required actions, should greatly reduce the chances of a catastrophic fuel tank explosion. The final rule does not direct the adoption of specific inerting technology either by manufacturers or operators, but establishes a performance-based set of requirements that set acceptable flammability exposure values in tanks most prone to explosion or require the installation of an ignition mitigation means in an affected fuel tank. Technology now provides a variety of commercially feasible methods to accomplish these vital safety objectives.
Homeland Security Department -- List of User Fee Airports: Additions of Capital City Airport, Lansing, MI and Kelly Field Annex, San Antonio, TX2008-Jun-238-14125This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the recent user fee airport designations for Capital City Airport in Lansing, Michigan, and Kelly Field Annex in San Antonio, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.
Transportation Department -- OST Technical Corrections2008-Jun-128-12108DOT is amending a number of its regulations to reflect reorganization of some elements of DOT and the move of DOT's Headquarters site in Washington, DC. This action is taken on DOT's initiative.
Homeland Security Department -- Changes to the Visa Waiver Program To Implement the Electronic System for Travel Authorization (ESTA) Program2008-Jun-098-12673This rule amends Department of Homeland Security (DHS) regulations to implement the Electronic System for Travel Authorization (ESTA) requirements under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, for aliens who wish to enter the United States under the Visa Waiver Program (VWP) at air or sea ports of entry. This rule establishes ESTA and delineates the data fields DHS has determined will be collected by the system. As required under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security will announce implementation of a mandatory ESTA system by publication of a notice in the Federal Register no less than 60 days before the date on which ESTA becomes mandatory for all VWP travelers. Once ESTA is mandatory, all VWP travelers must either obtain travel authorization in advance of travel under ESTA or obtain a visa prior to traveling to the United States. Currently, aliens from VWP countries must provide certain biographical information to U.S. Customs and Border Protection (CBP) Officers at air and sea ports of entry on a paper form Nonimmigrant Alien Arrival/Departure (Form I-94W). Under this interim final rule, VWP travelers will provide the same information to CBP electronically before departing for the United States. Once ESTA is mandatory and all carriers are capable of receiving and validating messages pertaining to the traveler's ESTA status as part of the traveler's boarding status, DHS will eliminate the I-94W requirement. By automating the I-94W process and establishing a system to provide VWP traveler data in advance of travel, CBP will be able to determine the eligibility of citizens and eligible nationals from VWP countries to travel to the United States and whether such travel poses a law enforcement or security risk, before such individuals begin travel to the United States. ESTA will provide for greater efficiencies in the screening of international travelers by allowing CBP to identify subjects of potential interest before they depart for the United States, thereby increasing security and reducing traveler delays upon arrival at U.S. ports of entry.
Transportation Department -- Revision of Airline Service Quality Performance Reports and Disclosure Requirements2008-May-2108-1274The U.S. Department of Transportation (Department) will collect additional data elements when flights are cancelled, diverted, or experience gate returns. The additional data elements will close data gaps and provide consumers a more accurate portrayal of arrival and tarmac delays. The previous NPRM was inadvertently published under RIN 2139-AA13.
Transportation Department -- Nondiscrimination on the Basis of Disability in Air Travel2008-May-1308-1228The Department of Transportation is amending its Air Carrier Access Act (ACAA) rules to apply to foreign carriers. The final rule also adds new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The rule also reorganizes and updates the entire ACAA rule. The Department will respond to some matters raised in this rulemaking by issuing a subsequent supplemental notice of proposed rulemaking.
Transportation Department -- Crewmember and Dispatcher Training Programs2008-May-078-10205The FAA is issuing this technical amendment to reserve subparts BB and CC in 14 CFR part 121. The FAA is engaged in rulemaking and anticipates codifying the new regulations in part 121 subparts BB and CC.
Transportation Department -- Hazardous Materials: Fuel Cell Cartridges and Systems Transported on Board Passenger Aircraft in Carry-On Baggage2008-Apr-308-9203PHMSA is amending the Hazardous Materials Regulations (HMR) to permit certain fuel cell cartridges and fuel cell systems designed for portable electronic devices to be transported by passengers and crew in carry-on baggage on board passenger-carrying aircraft. Fuel cell cartridges and fuel cell systems are an emerging energy technology developed to provide a more efficient, longer-lasting, and renewable power source for electrically operated equipment. This final rule prescribes regulations for transporting fuel cells containing flammable liquids, including methanol; formic acid; certain borohydride materials; or butane that meet certain performance and consumer use standards. PHMSA is issuing this final rule in cooperation with the Federal Aviation Administration (FAA).
Homeland Security Department -- Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”)2008-Apr-248-8956The Department of Homeland Security (DHS) proposes to establish an exit program at all air and sea ports of departure in the United States. This proposed rule would require aliens who are subject to United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) biometric requirements upon entering the United States to provide biometric information to commercial air and vessel carriers before departing from the United States at air and sea ports of entry. This rule proposes a performance standard for commercial air and vessel carriers to collect the biometric information and to submit this information to DHS no later than 24 hours after air carrier staff secure the aircraft doors on an international departure, or for sea travel, no later than 24 hours after the vessel's departure from a U.S. port. DHS does not propose to apply these requirements to persons departing the United States on certain private carriers or small carriers as defined herein. The exit system proposed under this rule meets the recommendations of the 9-11 Commission Report and the requirements of section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007.
Transportation Department -- Oversales and Denied Boarding Compensation2008-Apr-1808-1145The Department of Transportation (DOT or Department) is amending its rules relating to oversales and denied boarding compensation to increase the limits on the compensation paid to ``bumped'' passengers, to cover flights by certain U.S. and foreign air carriers operated with aircraft seating 30 through 60 passengers, which are currently exempt from the rule, and to make other changes. These changes are intended to maintain consumer protection commensurate with developments in the aviation industry. This action is taken on the Department's initiative and in response to a petition from the Air Transport Association.
Transportation Department -- Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations2008-Mar-078-3949This final rule amends cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations affecting certain air carriers, operators, and aircraft manufacturers. This final rule increases the duration of certain CVR recordings, increases the data recording rate for certain DFDR parameters, requires physical separation of the DFDR and CVR, improves the reliability of the power supplies to both the CVR and DFDR, and requires that certain datalink communications received on an aircraft be recorded if datalink communication equipment is installed. This final rule is based on recommendations issued by the National Transportation Safety Board following its investigations of several accidents and incidents, and includes other revisions the FAA has determined are necessary. These changes to CVR and DFDR systems are intended to improve the quality and quantity of information recorded, and increase the potential for retaining important information needed for accident and incident investigations.
Homeland Security Department -- Addition of San Antonio International Airport to List of Designated Landing Locations for Certain Aircraft2008-Mar-078-4578This document amends the Customs and Border Protection (CBP) Regulations by adding the San Antonio International Airport (SAT), located in San Antonio, Texas, to the list of designated airports at which certain aircraft arriving in the continental United States from certain areas south of the United States must land for CBP processing. This amendment is made to improve the effectiveness of CBP enforcement efforts to combat the smuggling of contraband by air into the United States from the south.
Transportation Department -- Hazardous Materials; Miscellaneous Amendments2008-Jan-288-1211PHMSA is amending the Hazardous Materials Regulations to update, clarify or provide relief from certain requirements governing the classification, packaging, or labeling of hazardous materials transported in commerce. Among other provisions, PHMSA is adopting a new proper shipping name and identification number for fuel blends composed of ethanol and gasoline. In addition, PHMSA is updating references to consensus standards, revising and clarifying certain hazard communication requirements, and clarifying transportation requirements applicable to dry ice, detonator assemblies, and explosives. PHMSA is also expanding exceptions from regulation for small quantities of hazardous materials.
Transportation Department -- Damage Tolerance Data for Repairs and Alterations2007-Dec-1207-6016This final rule requires holders of design approvals to make available to operators damage tolerance data for repairs and alterations to fatigue critical airplane structure. This rule will support operator compliance with the Aging Airplane Safety final rule with respect to the requirement to incorporate into the maintenance program, a means for addressing the adverse effects repairs and alterations may have on fatigue critical structure. The intent of this final rule is to ensure the continued airworthiness of fatigue critical airplane structure by requiring design approval holders to support operator compliance with specified damage tolerance requirements.
Transportation Department -- Change in Address for the Department of Transportation (DOT) and DOT Migration to the Federal Docket Management System (FDMS)2007-Dec-057-23422This action updates the Department of Transportation (DOT) addresses, changes references from the Docket Management System to the Federal Docket Management System (FDMS), and removes obsolete information listed in FAA regulations as a result of DOT's relocation, migration to the Federal electronic docket system, and closure of the DOT Branch Library. The intended effect of this action is to ensure that the regulated public is informed of address changes, electronic docket changes, and other administrative matters.
Transportation Department -- Revision of Airline Service Quality Performance Reports and Disclosure Requirements2007-Nov-2007-5759The U.S. Department of Transportation (DOT) is proposing to collect additional data elements when flights are cancelled, diverted, or experience gate returns. The additional proposed data elements would fill in data gaps giving the Department, the industry, and the public a more accurate portrayal of on-ground delays after flights depart the gate but prior to the time they take off and after flights land but before they reach the gate.
Transportation Department -- Oversales and Denied Boarding Compensation2007-Nov-2007-5761The Department of Transportation (DOT or Department) is proposing to amend its rules relating to oversales and denied boarding compensation to increase the limits on the compensation paid to ``bumped'' passengers, to cover flights by certain U.S. and foreign air carriers operated with aircraft seating 30 to 60 passengers, which are currently exempt from the rule, and to make other changes. Such changes in the rule, if adopted, would be intended to maintain consumer protection commensurate with developments in the aviation industry.
Transportation Department -- Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety (EAPAS/FTS)2007-Nov-087-21434This final rule amends FAA regulations for certification and operations of transport category airplanes. These changes are necessary to help ensure continued safety of commercial airplanes. They improve the design, installation, and maintenance of airplane electrical wiring systems and align those requirements as closely as possible with the requirements for fuel tank system safety. This final rule organizes and clarifies design requirements for wire systems by moving existing regulatory references to wiring into a single section of the regulations specifically for wiring and by adding new certification rules. It requires holders of type certificates for certain transport category airplanes to conduct analyses of their airplanes and make necessary changes to existing Instructions for Continued Airworthiness (ICA) to improve maintenance procedures for wire systems. It requires operators to incorporate ICA for wiring into their maintenance or inspection programs. And finally, this final rule clarifies requirements of certain existing rules for operators to incorporate ICA for fuel tank systems into their maintenance or inspection programs.
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