Department of Transportation December 28, 2018 – Federal Register Recent Federal Regulation Documents
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California's Meal and Rest Break Rules for Commercial Motor Vehicle Drivers; Petition for Determination of Preemption
The FMCSA grants petitions submitted by the American Trucking Associations and the Specialized Carriers and Rigging Association requesting a determination that the State of California's Meal and Rest Break rules (MRB Rules) are preempted under 49 U.S.C. 31141 as applied to property-carrying commercial motor vehicle (CMV) drivers covered by the FMCSA's hours of service regulations. Federal law provides for preemption of State laws on CMV safety that are additional to or more stringent than Federal regulations if they have no safety benefit; are incompatible with Federal regulations; or would cause an unreasonable burden on interstate commerce. The FMCSA has determined that the MRB Rules are laws on CMV safety, that they are more stringent than the Agency's hours of service regulations, that they have no safety benefits that extend beyond those already provided by the Federal Motor Carrier Safety Regulations, that they are incompatible with the Federal hours of service regulations, and that they cause an unreasonable burden on interstate commerce. The California MRB Rules, therefore, are preempted under 49 U.S.C. 31141(c).
National Railroad Passenger Corporation's Request for Positive Train Control Safety Plan Approval and System Certification
This document provides the public with notice that on August 9, 2018, the National Railroad Passenger Corporation (Amtrak) submitted its Positive Train Control Safety Plan (PTCSP) Revision 0, dated July 17, 2018, to FRA via the Secure Information Repository. Amtrak asks FRA to approve its PTCSP and issue a Positive Train Control System Certification for Amtrak's Interoperable Electronic Train Management System (I-ETMS).
Drug and Alcohol Testing: Determination of Minimum Random Testing Rates for 2019
This notification of determination announces FRA's minimum annual random drug and minimum annual random alcohol testing rates for covered employees and for maintenance-of-way (MOW) employees for calendar year 2019.
Agency Information Collection Activities: Renewed Approval of Information Collection
The Department of Transportation (DOT) invites public comments on our intention to request Office of Management and Budget (OMB) approval to renew an information collection (OMB Control Number 2105- 0563) in accordance with the requirements of the Paperwork Reduction Act of 1995. The collection is necessary for administration of the BUILD Transportation Discretionary Grants Program. BUILD Transportation grants support surface transportation infrastructure projects that have a significant local or regional impact.
Fees for the Unified Carrier Registration Plan and Agreement
This rule establishes reductions in the annual registration fees collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the registration years 2019, 2020 and thereafter. For the 2019 registration year, the fees will be reduced below the 2017 registration fee level that was in effect by 18.62 percent to ensure that fee revenues collected do not exceed the statutory maximum, and to account for the excess funds held in the depository. The fees beginning with the 2020 registration year will be reduced below the 2017 level by approximately 9.9 percent. The reduction of the current 2019 registration year fees (finalized on January 5, 2018) range from approximately $11 to $10,282 per entity, depending on the number of vehicles owned or operated by the affected entities. The reduction in fees for 2020 and subsequent registration years range from approximately $5 to $3,899 per entity.
Proposed Removal of Jet Route J-147; Eastern United States
This action proposes to remove jet route J-147 which currently extends between Beckley, WV, and Casanova, VA. This action is necessary due to the planned decommissioning of the Greenbrier, WV, VOR/DME navigation aid which provides navigation guidance for segments of the route. The Greenbrier VOR/DME is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.
Amendment of VOR Federal Airways V-170 and V-219 in the Vicinity of Fairmont, MN
This action modifies VHF Omnidirectional Range (VOR) Federal airways V-170 and V-219 in the vicinity of Fairmont, MN. The FAA is taking this action due to the planned decommissioning of the Fairmont, MN, VOR navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Fairmont VOR is being decommissioned as part of the VOR Minimum Operational Network (MON) program.
Proposed Amendment of VOR Federal Airway V-18 in the Vicinity of Talladega, AL
This action proposes to modify VHF Omnidirectional Range (VOR) Federal airway V-18, in the Vicinity of Talladega, AL. This action is necessary due to the planned decommissioning of the Talladega, AL, VOR/ DME navigation aid which provides navigation guidance for segments of the route.
Proposed Amendment of Area Navigation (RNAV) Route T-299, and Establishment of T-318 and T-360; Eastern United States.
This action proposes to modify low altitude RNAV route T-299, and establish routes T-318 and T-360 in the eastern United States. The proposal would expand the availability of RNAV routing in support of transitioning the National Airspace System (NAS) from ground-based to satellite-based navigation.
Proposed Amendment of VOR Federal Airways V-115, V-184, V-188, and V-542 in the Vicinity of Tidioute, PA
This action proposes to modify VHF Omnidirectional Range (VOR) Federal airways V-115, V-184, V-188, and V-542 due to planned decommissioning of the Tidioute, PA, VORTAC navigation aid which provides navigation guidance for segments of the routes.
Establishment of Class E Airspace and Amendment of Class D and Class E Airspace; Olympia, WA
This action establishes Class E airspace extending upward from 700 feet above the surface and modifies Class E airspace designated as an extension at Olympia Regional Airport (formerly Olympia Airport). This action removes the Notice to Airmen (NOTAM) part-time status for Class E airspace designated as an extension, and updates the airport name and geographic coordinates in the associated Class D and E airspace areas to match the FAA's aeronautical database. These changes are necessary to accommodate airspace redesign for the safety and management of instrument flight rules (IFR) operations at the airport within the National Airspace System. Also, an editorial change is made to the Class D and Class E airspace legal descriptions replacing Airport/Facility Directory with the term Chart Supplement.
Establishment of Class E Airspace; Engelhard, NC
This action establishes Class E airspace extending upward from 700 feet above the surface at Hyde County Airport, Engelhard, NC, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving this airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.
Amendment of Class E Airspace; Atqasuk, AK
This action modifies Class E airspace extending upward from 1,200 feet above the surface at Atqasuk Edward Burnell Sr. Memorial Airport, Atqasuk, AK. This action adds exclusionary language to the legal description of the airport to ensure the safety and management of aircraft within the National Airspace System. Also, the geographic coordinates of the airport are updated.
Amendment of Class E Airspace for the following Alaska Towns; Nuiqsut, AK; Perryville, AK; Pilot Point, AK; and Point Lay, AK
This action modifies Class E airspace extending upward from 1,200 feet above the surface in Alaska at Nuiqsut Airport; Oooguruk Island Heliport, Nuiqsut; Pioneer Heliport, Nuiqsut; Perryville Airport; Pilot Point Airport; and Point Lay Airport. This action adds exclusionary language to the legal descriptions of these airports to exclude Class E airspace extending beyond 12 miles from the shoreline, and ensures the safety and management of aircraft within the National Airspace System. Also, this action removes the heliport name from the airspace designation of Oooguruk Island Heliport and Pioneer Heliport.
Airworthiness Directives; Airbus SAS Airplanes
We propose to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-223, A330-223F, A330-321, A330-322, and A330-323 airplanes. This proposed AD was prompted by a report of fatigue cracking in the latch beam gussets on a certain thrust reverser (T/R). This proposed AD would require a one-time special detailed inspection of certain latch beam gussets of certain T/Rs for cracks, and modifying the latch beam gussets of the T/Rs, if necessary. We are proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by reports of loose, worn, or missing attachment bolts for the main landing gear (MLG) center door assemblies. This AD requires repetitive detailed inspections of the forward and aft MLG center door assembly attachments for loose, missing, damaged, or bottomed-out attachment bolts, and any wear to the retention clip assemblies as applicable; and applicable on-condition actions. This AD also provides an optional terminating action for the repetitive inspections. We are issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777 airplanes. This AD was prompted by reports of latently failed engine fuel shutoff spar valves discovered during fuel filter replacement. This AD requires inspecting to determine the part numbers (P/Ns) of the motor-operated valve (MOV) actuators at the engine fuel shutoff spar valve positions, installing MOV actuators having a certain acceptable part number or software if necessary, and revising the maintenance or inspection program to add a new airworthiness limitation. We are issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Airbus SAS Airplanes
We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a report that due to an issue with the flight warning system (FWS) logic, it is possible that the ``AIR Auxiliary Power Unit (APU) BLEED LEAK'' electronic centralized aircraft monitoring (ECAM) alert can trigger several times. This AD requires revising the airplane flight manual (AFM) to incorporate procedures related to an APU bleed leak. We are issuing this AD to address the unsafe condition on these products.
Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas
This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT. The actions relate to various proposed highway in the State of Texas. These actions grant licenses, permits, and approvals for the projects.
Airworthiness Directives; Dassault Aviation Airplanes
We propose to remove Airworthiness Directive (AD) 2012-02-18, which applies to all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 2012-02-18 requires revising the maintenance program to include revised airworthiness limitations. AD 2012-02-18 is no longer necessary because we have since issued AD 2017-09-03 to address the unsafe condition. Accordingly, we propose to remove AD 2012-02-18.
Airworthiness Directives; Airbus SAS Airplanes
We propose to remove Airworthiness Directive (AD) 2007-22-05 and AD 2013-13-13 (referred to after this as ``the affected ADs''), which apply to Airbus SAS Model A300-600 and A310 series airplanes. The affected ADs require certain actions to address various unsafe conditions. The affected ADs are no longer necessary because we have since issued other ADs that address these unsafe conditions. Accordingly, we propose to remove the affected ADs.
Airworthiness Directives; Airbus SAS Airplanes
We are superseding Airworthiness Directive (AD) 2017-22-07, which applied to certain Airbus SAS Model A319 series airplanes; Model A320-211,-212, -214, -231, -232, and -233 airplanes; and Model A321- 111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2017- 22-07 required repetitive inspections of the frame forks, and corrective actions if necessary. AD 2017-22-07 also included optional modifications that constituted terminating action. This AD requires modifying certain forward and aft cargo compartment doors, and related investigative and corrective actions. This AD was prompted by an evaluation done by the design approval holder indicating that certain areas of certain cargo compartment doors are subject to widespread fatigue damage, and a determination was made that a modification of the frame forks must be done. We are issuing this AD to address the unsafe condition on these products.
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