Department of Transportation 2018 – Federal Register Recent Federal Regulation Documents
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Special Conditions: Airbus Model A330-200, A330-200F, A330-300 and A330-900 Series Airplanes; Electronic System Security Protection From Unauthorized External Access
These special conditions are issued for the Airbus Model A330- 200, A330-200F, A330-300, and A330-900 series airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is airplane electronic systems and networks that allow access from external sources (e.g., wireless devices, internet connectivity) to the airplane's internal electronic components. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Railroad Revenue Adequacy-2017 Determination
On December 21, 2018, the Board served a decision announcing the 2017 revenue adequacy determinations for the Nation's Class I railroads. Four carriers (BNSF Railway Company, Norfolk Southern Combined Railroad Subsidiaries, Soo Line Corporation, and Union Pacific Railroad Company) were found to be revenue adequate.
Federal Motor Vehicle Safety Standards; Motor Vehicle Brake Fluids
NHTSA withdraws its notice of proposed rulemaking (NPRM), published on February 3, 2010, proposing amendments to the Federal Motor Vehicle Safety Standard (FMVSS) No. 116, Motor Vehicle Brake Fluids. Since publication of the NPRM and after review of the comments, the agency has determined that updates and corrections outside the scope of the notice are necessary in order to publish a final rule. Based on this, the agency has decided to withdraw the proposal to amend FMVSS No. 116.
Temporary Exemption From Motor Vehicle Safety and Bumper Standards
This document amends NHTSA's regulation on temporary exemption from the Federal motor vehicle safety standards (FMVSS) and bumper standards to expedite the publishing of notices soliciting public comment on exemption petitions. It does so by eliminating the provision calling for the Agency to determine that a petition is complete before the Agency publishes a notice summarizing the petition and soliciting public comments on it. As amended, the regulation continues to provide that the Agency will, as it does now, determine whether a petition contains adequate justification in deciding whether to grant or deny the petition. The intended effect of these changes is to enable the Agency to solicit public comments more quickly.
Notice of Request for Comments: V2X Communications
Over the past several years, the Department of Transportation and its operating administrations have engaged in numerous activities related to connected vehicles, including vehicle-to-vehicle (V2V), vehicle-to-infrastructure (V2I), and vehicle-to-pedestrian (V2P) communications, collectively referred to as ``V2X'' communications. Recently, there have been developments in core aspects of the communication technologies that could be associated with V2X. This notice requests comment on how these developments impact both V2X in general and the Department's role in encouraging the integration of V2X.
Airworthiness Directives; Airbus Helicopters (Previously Eurocopter France) Helicopters
We are superseding Airworthiness Directive (AD) 2016-25-19 for Airbus Helicopters (previously Eurocopter France) Model AS350B3 and EC130B4 helicopters. AD 2016-25-19 required inspecting the pilot's and co-pilot's throttle twist for proper operation. This new AD retains the requirements of AD 2016-25-19 and adds certain model helicopters to the applicability. The actions of this AD are intended to address an unsafe condition on these products.
Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters
We are revising an earlier proposal for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This action revises the notice of proposed rulemaking (NPRM) by increasing the estimated costs of compliance and removing the daily inspection requirements. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional economic burden over that proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on this change.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Establishment of Class E Airspace; Glen Ullin, ND
This action corrects a final rule published in the Federal Register of September 26, 2018, that established Class E airspace extending upward from 700 feet above the surface at Glen Ullin Regional Airport, Glen Ullin, ND. The state identifier ``WI'' was inadvertently, included in the header of the legal description instead of ``ND''.
Commercial Learner's Permit Validity
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to allow States the option of issuing a commercial learner's permit (CLP) with an expiration date of up to one year from the date of initial issuance. The CLP must be valid for no more than one year from the initial date of issuance without requiring the CLP holder to retake the general and endorsement knowledge tests. CLPs issued for a period of less than one year may be renewed provided the CLP is not valid for more than one year from the date of initial issuance. This rule does not require a State to revise its current CLP issuance practices, unless it chooses to do so. This rule is a deregulatory action as defined by Executive Order (E.O.) 13771, ``Reducing Regulation and Controlling Regulatory Costs.''
Quarterly Rail Cost Adjustment Factor
The Board has approved the first quarter 2019 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2019 RCAF (Unadjusted) is 1.058. The first quarter 2019 RCAF (Adjusted) is 0.448. The first quarter 2019 RCAF-5 is 0.419.
Notice of Final Federal Agency Actions on State Route 303 Loop, State Route 30 to Interstate 10 (Papago Freeway) in Goodyear, AZ
This notice announces actions taken by FHWA and other Federal agencies that are final. The actions relate to the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the State Route (SR) 303 Loop (L), SR 30 to Interstate 10 (I-10) project in Goodyear, AZ. The actions grant licenses, permits, and approvals for the project.
Notice of Funding Opportunity for the Department of Transportation's Nationally Significant Freight and Highway Projects (INFRA Grants) for Fiscal Year 2019
The Nationally Significant Freight and Highway Projects (INFRA) program provides Federal financial assistance to highway and freight projects of national or regional significance. This notice solicits applications for awards under the program's fiscal year (FY) 2019 funding, subject to the availability of appropriated funds.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel WAXI 2 (25.6′ Small Passenger Ferry); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel WAXI 1 (25.6′ Small Passenger Ferry); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel STARDUST (103′ Motor Vessel); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DOVE IV (36′ Sailboat); Invitation for Public Comments
The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below.
Airworthiness Directives; Piper Aircraft, Inc. Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Piper Aircraft, Inc. (Piper) Model PA-28-140, PA-28-150, PA-28- 151, PA-28-160, PA-28-161, PA-28-180, PA-28-181, PA-28-235, PA-28R-180, PA-28R-200, PA-28R-201, PA-28R-201T, PA-28RT-201, PA-28RT-201T, PA-32- 260, and PA-32-300 airplanes. This proposed AD was prompted by a report of a fatigue crack found in a visually inaccessible area of the lower main wing spar cap. This proposed AD would require calculating the factored service hours for each main wing spar to determine when an inspection is required, inspecting the lower main wing spar bolt holes for cracks, and replacing any cracked main wing spar. We are proposing this AD to address the unsafe condition on these products.
Primary Category Airworthiness Design Standards; Vertical Aviation Technologies (VAT) Model S-52L Rotorcraft
These airworthiness design standards are issued to Vertical Aviation Technologies (VAT) for certification of the Model S-52L rotorcraft under the regulations for primary category aircraft.
Establishment of Class E Airspace; Maurice, IA
This action establishes Class E airspace extending upward from 700 feet above the surface at Sioux County Regional Airport, Maurice, IA. Controlled airspace is necessary to accommodate new standard instrument approach procedures developed at Sioux County Regional Airport, for the safety and management of instrument flight rules (IFR) operations at this airport.
Use of Automatic Dependent Surveillance-Broadcast (ADS-B) Out in Support of Reduced Vertical Separation Minimum (RVSM) Operations
This action revises the FAA's requirements for application to operate in RVSM airspace. The amendment eliminates the requirement for operators to apply for an RVSM authorization when their aircraft are equipped with qualified ADS-B Out systems and meet specific altitude keeping equipment requirements for operations in RVSM airspace. This action recognizes the enhancements in aircraft monitoring resulting from the use of ADS-B Out systems and responds to requests from operators to eliminate the burden and expense of the current RVSM application process for aircraft equipped with qualified ADS-B Out systems.
Notice of Submission of Proposed Information Collections to OMB; Agency Request for Renewal of Previously Approved Information Collections: Nondiscrimination on the Basis of Disability in Air Travel: Reporting Requirements for Disability-Related Complaints
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Department of Transportation's intention to renew an Office of Management and Budget (OMB) control number for information collection request (ICR) OMB No. 2105-0551, ``Reporting Requirements for Disability-Related Complaints.'' This collection is related to a requirement in the Code of Federal Regulations (CFR) for carriers to report annually to the Department the number of disability-related complaints they receive.
Solicitation of Nominations for Appointment to the Drone Advisory Committee (DAC)
The FAA is issuing this notice to solicit nominations for qualified candidates to serve on the DAC. This notice seeks to fill vacancies on the DAC and does not affect the status of current DAC members. The DAC is an advisory committee established under DOT's authority, in accordance with the provisions of the Federal Advisory Committee Act (FACA) as amended. The objective of the DAC is to provide independent advice and recommendations to the FAA and to respond to specific taskings received directly from the FAA. The advice, recommendations, and taskings relate to improving the efficiency and safety of integrating Unmanned Aircraft Systems (UAS) into the National Airspace System. In response to FAA requests, the DAC may provide the FAA with information that may be used for tactical and strategic planning purposes.
Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Air Carrier Contract Maintenance Requirements
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. This information collection requires air carriers to report monthly to the FAA, all maintenance providers with whom they have contracted with to perform maintenance on their aircraft. This is necessary to ensure that maintenance provider data is current, and in a format readily accessible to the FAA. This will enable the FAA to adequately target its inspection resources for surveillance, and make accurate risk assessments.
Removal of Training Requirements for an Airline Transport Pilot Certificate Issued Concurrently With a Single-Engine Airplane Type Rating
This notice of proposed rulemaking (NPRM) would remove an unnecessary multiengine training requirement for pilots seeking to obtain an initial airline transport pilot (ATP) certificate concurrently with a single-engine airplane type rating. This action also proposes to revise several pilot certification regulations by removing the July 31, 2014 date, which served as the compliance date for the multiengine ATP training requirements, because the date is no longer necessary.
Proposed Establishment of Class E Airspace; Coushatta, LA
This action proposes to establish Class E airspace extending upward from 700 feet above the surface at The Red River Airport, Coushatta, LA. Controlled airspace is necessary to accommodate new standard instrument approach procedures developed at The Red River Airport, for the safety and management of instrument flight rules (IFR) operations.
Establishment of Class E Airspace; Hardinsburg, KY
This action establishes Class E airspace extending upward from 700 feet above the surface at Breckinridge County Airport, Hardinsburg, KY, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.
Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed Replacement Terminal Project at Bob Hope “Hollywood Burbank” Airport, Burbank, Los Angeles County, California
The Federal Aviation Administration (FAA) is issuing this notice under the provisions of the National Environmental Policy Act (NEPA) of 1969, as amended to advise the public that an Environmental Impact Statement (EIS) will be prepared to assess the potential impacts of the proposed Replacement Terminal Project and its connected actions. To ensure that all significant issues related to the proposed action are identified, one (1) public scoping meeting and one (1) governmental agency-scoping meeting will be held. FAA is the lead agency on the preparation of the EIS.
Hours of Service of Drivers: American Bakers Association and International Dairy Foods Association; Application for Exemption
FMCSA announces that it has received a joint application from the American Bakers Association (ABA) and the International Dairy Foods Association (IDFA) requesting an exemption from the hours-of-service (HOS) regulations for drivers engaged in the delivery of baked goods and milk products during periods and in geographic areas reasonably anticipated to be impacted by an impending natural disaster or emergency situation. ABA/IDFA requests a 5-year exemption from 49 CFR part 395 for their drivers engaged in the delivery of essential food staples to extend their driving hours to help communities prepare for anticipated disaster conditions, such as extreme weather events, natural disasters, and other emergencies. The applicants state that the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the proposed exemption. FMCSA requests public comment on ABA/IDFA's application for exemption.
Hours of Service of Drivers: Association of American Railroads and American Short Line and Regional Railroad Association; Application for Exemption
FMCSA announces that it has received an application from the Association of American Railroads and American Short Line and Regional Railroad Association (AAR/ASLRRA) requesting a limited exemption from the maximum driving time requirements of the hours-of-service (HOS) regulations for drivers of property-carrying vehicles. The applicants request the exemption to enable affected railroad employees, subject to the HOS rule, to respond to an unplanned event that occurs outside of or extends beyond the employee's normal work hours. FMCSA requests public comment on AAR/ASLRRA's application for exemption.
Commercial Driver's License Standards: Application for Exemption; Navistar, Inc. (Navistar)
FMCSA announces that Navistar, Inc. (Navistar) has requested an exemption for one commercial motor vehicle (CMV) driver from the Federal requirement to hold a U.S. commercial driver's license (CDL). Navistar requests an exemption for Mr. Jerome Douay, a Product Engineer Senior Manager with MAN Truck & Bus AG (MAN) in Munich, Germany, who holds a valid German commercial license. MAN is partnering with Navistar to help develop technology advancements in fuel economy and emissions reductions. Mr. Douay wants to test drive Navistar vehicles on U.S. roads to better understand product requirements in ``real world'' environments, and verify results. Navistar believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. FMCSA requests public comments on Navistar's application for exemption.
Hours of Service of Drivers: North Shore Environmental Construction, Inc.; Application for Exemption
FMCSA announces that it has received an application from North Shore Environmental Construction, Inc. (North Shore) for exemption from the hours-of-service (HOS) regulations for drivers engaged in providing direct assistance in environmental emergencies or potential environmental emergencies. The applicants request a five-year exemption from the ``14-hour rule'' for their drivers engaged in responding to environmental emergencies. FMCSA requests public comment on this application for exemption.
Limitation on Claims Against Proposed Public Transportation Projects
This notice announces final environmental action taken by the Federal Transit Administration (FTA) for a project in Milwaukee County, Wisconsin. The purpose of this notice is to announce publicly the environmental decision by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action.
Pipeline Safety: Meetings of the Gas Pipeline Advisory Committee and Liquid Pipeline Advisory Committee
This notice announces a public meeting of the Technical Pipeline Safety Standards Committee, also known as the Gas Pipeline Advisory Committee (GPAC), and a joint meeting of the GPAC and the Technical Hazardous Liquid Pipeline Safety Standards Committee, also known as the Liquid Pipeline Advisory Committee (LPAC). The GPAC will meet to discuss the gathering line component of the proposed rule titled: ``Safety of Gas Transmission and Gathering Pipelines.'' The GPAC and LPAC will meet jointly to discuss a variety of policy issues and topics relevant to both gas and liquid pipeline safety.
Pipeline Safety: Information Collection Activities, Revision to OPID Assignment Request and National Registry Notification
In compliance with the Paperwork Reduction Act of 1995, this notice announces that the information collection request abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comment. PHMSA proposes revising certain parts of the forms and instructions for the Operator Assignment Request (PHMSA F 1000.1) and National Registry Notification (PHMSA F 1000.2) currently approved under OMB control number 2137-0627. A Federal Register notice with a 60-day comment period soliciting comments on the information collection was published on August 9, 2018.
Amendment of Class D Airspace; Appleton, WI
This action modifies Class D airspace at Appleton International Airport (formerly Outagamie County Airport), Appleton, WI. This action is required due to the decommissioning of the GAMIE locator outer marker (LOM) and collocated outer marker (OM) which provided navigation guidance to the airport. This action enhances the safety and management of instrument flight rules (IFR) operations at the airport. Also, the airport name and geographic coordinates are adjusted to coincide with the FAA's aeronautical database. Additionally, this action replaces the outdated term ``Airport/Facility Directory'' with the term ``Chart Supplement'' in the legal description, and removes the city associated with the airport name in the airspace designation.
Airworthiness Directives; Airbus Helicopters Deutschland GmbH Helicopters (Type Certificate Previously Held by Eurocopter Deutschland GmbH)
We are revising Airworthiness Directive (AD) 2014-05-06 for Eurocopter Deutschland GmbH Model EC135 and MBB-BK 117C-2 helicopters. AD 2014-05-06 required repetitive inspections of the flight-control bearings, replacing any loose bearings with airworthy flight-control bearings, and installing bushings and washers. This new AD retains the requirements of AD 2014-05-06 but removes the repetitive inspections. The actions of this AD are intended to correct an unsafe condition on these products.
Notice to Manufacturers of Lithium-ion Secondary Cell Battery Packs or Comparable Secondary Cell Battery Packs
Projects funded under the Airport Improvement Program (AIP) must meet the requirements of Title 49 Buy American Preferences. The FAA is considering issuing waivers to foreign manufacturers of Lithium- ion Secondary Cell Battery Packs, or any comparable secondary cell battery packs, that meet the requirements of eligible airport-dedicated vehicles identified in Title 49 Zero-Emission Airport Vehicles and Infrastructure Program. This section allows the FAA to award Airport Improvement Program (AIP) grant funds for the acquisition and operation of zero-emissions vehicles (ZEVs) at an airport, including the construction or modification of infrastructure to facilitate the delivery of fuel and services necessary for the use of such vehicles. The FAA is requesting any information from battery makers on the availability of lithium-ion secondary cell battery packs or comparable products manufactured in the U.S. and capable of meeting heavy-duty transit applications of the ZEV and ``FAA Buy American'' requirements of the AIP.
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