Department of Transportation February 2019 – Federal Register Recent Federal Regulation Documents

The FAA proposes to revise the procedural rules governing Federal Aviation Administration investigations and enforcement actions. The proposed revisions include updates to statutory and regulatory references, updates to agency organizational structure, elimination of inconsistencies, clarification of ambiguity, increases in efficiency, and improved readability.

This notice announces that FHWA has received and reviewed an application from the Arizona Department of Transportation (ADOT) requesting participation in the Surface Transportation Project Delivery Program (Program). This Program allows for FHWA to assign, and States to assume, responsibilities under the National Environmental Policy Act of 1969 (NEPA), and all or part of FHWA's responsibilities for environmental review, consultation, or other actions required under any Federal environmental law with respect to one or more Federal highway projects within the State. The FHWA has determined the application to be complete and developed a draft MOU with ADOT outlining how the State would implement the program with FHWA oversight. The FHWA invites the public to comment on ADOT's request, including its application and the proposed MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities.

This action modifies Class E airspace extending upward from 700 feet above the surface at George L. Scott Municipal Airport, West Union, IA, by updating the geographic coordinates of the airport to coincide with the FAA's aeronautical database. This action is due to an airspace review caused by the decommissioning of the Waukon VHF omnidirectional range (VOR), which provided navigation information to the instrument procedures at this airport, as part of the VOR Minimum Operational Network (MON) Program.

This action modifies Class D airspace, Class E airspace designated as a surface area, and Class E airspace extending upward from 700 feet above the surface at Chippewa Valley Regional Airport, Eau Claire, WI. This action is a result of an airspace review caused by the decommissioning of the Eau Claire non-directional radio beacon (NDB)/outer compass locator (LOM). The name and geographic coordinates of Chippewa Valley Regional Airport and the name of May Clinic Health System-Eau Claire Heliport are also updated to coincide with the FAA's aeronautical database.

We propose to adopt a new airworthiness directive (AD) for certain Viking Air Limited Models DHC-2 Mk. I and DHC-2 Mk. III airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracks reported on the forward and aft float strut wire pull fittings. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

This notice announces actions taken by FHWA and other Federal agencies that are final. The actions relate to the Pyramid Highway/US 395 Connection Project located in Washoe County, Nevada. These actions grant licenses, permits, and approval of the project.

This final rule responds to comments received on the interim final rule published September 30, 2016, and makes minor clarifications to the Federal implementing regulations for the Section 154 (Open Container) and Section 164 (Repeat Intoxicated Driver) programs.

We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

We propose to supersede Airworthiness Directive (AD) 2017-11- 09, which applies to certain Learjet, Inc. (Learjet), Model 60 airplanes. AD 2017-11-09 requires a one-time inspection of the fuselage skin for corrosion and, as necessary, additional related inspections and corrective actions. Since we issued AD 2017-11-09, we identified an error in the fluorescent dye penetrant inspection of the fuselage skin and an ambiguity in the compliance time for the fluorescent dye penetrant inspection. We are proposing this AD to clarify the compliance time and correct an error for the fluorescent dye penetrant inspection of the fuselage skin.

This notice announces certain actions taken by UDOT that are final Federal agency actions within the meaning of 23 U.S.C. 139(l)(1). These actions relate to a proposed highway project on Interstate 15 (I- 15) Northbound, from Bangerter Highway to Interstate 215 (I-215), in the County of Salt Lake, State of Utah. Those actions grant licenses, permits and/or approvals for the project.

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.

This notice announces actions taken by the FHWA that are final pursuant to the statute. The actions relate to a proposed highway project, Toll Locations 3,4 & 6 through 13 in the Cities/Towns of Warwick, Providence, Pawtucket, Cranston, Johnston, Cumberland, East Providence, Lincoln and North Smithfield in the State of Rhode Island, FHWA Project Number T0LL002, Rhode Island Department of Transportation (RIDOT) Contract Number 2017-OT-002.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) to renew an information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on August 10, 2018. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

In accordance with the Privacy Act of 1974, the Department of Transportation proposes to update and reissue a current Department of Transportation system of records titled, ``Department of Transportation/Office of the SecretaryDOT/OST 102Aviation Consumer Complaint Application Online System of Records.'' This system of records allows the Department of Transportation/Office of the Secretary to collect and maintain records on service-related consumer complaints, inquiries, opinions, and compliments regarding air carriers or air travel companies. The records and information collected and maintained in this system are used to verify compliance with Department's aviation consumer protection requirements. The system receives and is used to process informal complaints regarding aviation consumer issues. The Aviation Consumer Complaint Application Online System of Records utilizes the Department's electronic case management and tracking system to generate reports. It also allows the Department to manage information provided during the course of its investigations and, in the process, to facilitate its management of investigations and investigative resources. Through this system, the Department can enter, update, review, analyze, and manage information regarding case projects and enforcement elements in addition to the ability to run a variety of reports to better manage tracking current and expiring cases. Furthermore, it allows DOT employees to track actions taken to resolve violations, provide a system for creating and reporting statistical information, and tracking government property and other resources used in investigative activities. This system of records notice has been updated within the system location, system manager, categories of records in the system, record source categories, routine uses, storage, retrievability, retention and disposal, safeguards, notification procedures, exemptions, and history. Additionally, the Department of Transportation is issuing a Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act, elsewhere in the Federal Register. Furthermore, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. It also updates the SORN to reflect changes in the heading names and order as required by the reissuance of Circular A-108 by the Office of Management and Budget. This updated system will be included in the Department of Transportation's inventory of record systems.

Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On September 17, 2018, FRA published a notice providing a 60-day period for public comment on the ICR.

We propose to adopt a new airworthiness directive (AD) for all Saab AB, Saab Aeronautics Model SAAB 2000 airplanes. This proposed AD was prompted by an event where the airplane did not respond to the flightcrew's flight control inputs because the pitch trim switches did not disconnect the autopilot. This proposed AD would require modifying the wiring installation for the autopilot disconnect logic. We are proposing this AD to address the unsafe condition on these products.

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.

In accordance with the Privacy Act of 1974, the Department of Transportation proposes to add a system of records relating to aviation consumer protection to the list of Department of Transportation Privacy Act Systems of Records that are exempt from one or more provisions of the Privacy Act. The Department is proposing to exempt this system of records, titled Aviation Consumer Complaint Application Online System, to protect records compiled for investigations and inquiries into alleged Federal civil rights and consumer protection misconduct by airlines and air travel companies. This exemption was initially proposed on February 28, 2005 and the Department did not receive any comments on the proposed rule. Nonetheless, given the time that has passed since the original Notice of Proposed Rulemaking, the Department is issuing this Notice of Proposed Rulemaking for comment. The current system of records notice indicates that an exemption applies to this system; however, the Department is updating the system of records notice to specify the basis of the exemption. This rulemaking conforms the Department of Transportation's regulations on Maintenance and Access to Records Pertaining to Individuals to the applicable System of Records Notices (SORNs) to current Department of Transportation practice.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1 Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. FMCSA requests approval to revise an ICR titled, ``Motor Carrier Identification Report,'' which is used to identify FMCSA regulated entities, help prioritize the agency's activities, aid in assessing the safety outcomes of those activities, and for statistical purposes. This ICR is being revised due to a final rule dated January 17, 2017, titled, ``Unified Registration System; Suspension of Effectiveness,'' effective January 14, 2017, which suspended its regulations requiring existing interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the Agency via a new electronic on-line Unified Registration System (URS). During this suspension, entities needing to file will follow the same procedures and forms used to submit information to FMCSA as they did prior to January 14, 2017, including use of Form MCS-150 or MCS-150B. The Form MCS-150 or MCS-150B will also be used by the small number of Mexico- domiciled motor carriers that seek authority to operate beyond the United States municipalities on the United States-Mexico border and their commercial zones. This ICR is necessary to ensure regulated entities are registered with the DOT.

FMCSA announces receipt of applications from three individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.