Department of Transportation July 2019 – Federal Register Recent Federal Regulation Documents
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Safe Integration of Automated Driving Systems-Equipped Commercial Motor Vehicles
The Federal Motor Carrier Safety Administration (FMCSA) extends the comment period for its May 28, 2019, advance notice of proposed rulemaking (ANPRM) and its May 31, 2019 correction notice concerning Federal Motor Carrier Safety Regulations that may need to be amended, revised, or eliminated to facilitate the safe introduction of automated driving systems equipped commercial motor vehicles onto our Nation's roadways. FMCSA received a request for an extension to the comment period from the American Trucking Associations and the U.S. Chamber of Commerce's Technology Engagement Center. The Agency believes it is appropriate to extend the comment period to provide interested parties additional time to submit their responses to the ANPRM. Therefore, the Agency extends the deadline for the submission of comments for 30 days.
Notice To Rescind Notice of Intent To Prepare Environmental Impact Statement for the I-270/U.S. 15 Multi-Modal Corridor Study in Montgomery County and Frederick County, Maryland
The FHWA is issuing this notice to advise the public that it is rescinding its Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the I-270/U.S. 15 Multi-Modal Corridor Study in Montgomery County and Frederick County, Maryland. The NOI was published in the Federal Register on December 10, 1997. This rescission is based on no plans to advance this study.
Agency Information Collection Activity Under OMB Review
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to approve the extension of a currently approved information collection: National Transit Asset Management (TAM) System.
Solicitation of Proposals for the National Rural Transit Assistance Program
The Federal Transit Administration (FTA) is soliciting proposals under the agency's Formula Grants for Rural Areas Program to select an entity to administer a National Rural Transit Assistance Program (RTAP). The National RTAP will carry out activities to design and implement training and technical assistance projects and other support services tailored to meet the specific needs of transit operators in rural areas, including Indian Country. Primary activities will include the development of information and materials for use by local operators and State administering agencies, and supporting research and technical assistance projects of national interest.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel RENAISSANCE (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 SAMBA (Power 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 LADIS FIRST (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.
Airworthiness Directives; Airbus SAS Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-243, -243F, -341, -342, and -343 airplanes. This proposed AD was prompted by a determination that cracks can develop on the ripple damper weld of the hydraulic pressure tube assembly and reports of failure of the ripple damper of the hydraulic pressure tube assembly. This proposed AD would require replacement of the affected hydraulic pressure tube assembly or modification of both engines, as specified in a European Aviation Safety Agency (EASA) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for all Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, 382G, C-130A, C-130B, C-130BL, C130E, C- 130H, C 130H 30, C130J, C130J-30, EC130Q, HC130H, KC 130H, NC-130B, NC130, and WC-130H airplanes. This proposed AD was prompted by a report indicating that two elevator booster assemblies experienced significant hydraulic fluid leaks, caused by fatigue cracks in the actuator cylinder. This proposed AD would require an inspection to determine the part number of the elevator booster actuator, repetitive ultrasonic inspections of the actuator to detect cracking, and replacement of cracked elevator booster assemblies. The FAA is proposing this AD to address the unsafe condition on these products.
Revisions to Civil Penalty Amounts
In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.
Lifetime Disqualification for Human Trafficking; Correction
The Federal Motor Carrier Safety Administration (FMCSA) is correcting a final rule that appeared in the Federal Register on July 23, 2019. The document included an incorrect compliance date for States to come into substantial compliance with the provisions in the final rule and an incorrect paragraph designation for this provision.
Pipeline Safety: Information Collection Activities
In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection that is due to expire on March 31, 2020. PHMSA will request a renewal with no change for the information collection identified by the Office of Management and Budget (OMB) control number 2137-0631.
Airworthiness Directives; AmSafe Inc. Seatbelts
The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) that would have applied to all AmSafe Inc. seatbelts, as installed in, but not limited to, various airplanes and rotorcraft. The NPRM was prompted by reports of multiple failed keepers on seatbelt hook assemblies. The NPRM would have required an inspection for affected parts, repetitive general visual inspections of the seatbelt hook assembly for damage, repetitive functional checks, and replacement of all affected parts. Since issuance of the NPRM, the FAA has determined that a significant portion of the affected seatbelt hook assemblies have been replaced. The FAA has also determined that the majority of the affected parts have exceeded their typical replacement cycle and are likely no longer in service. The FAA performed a new risk assessment based on this data and determined there is now an acceptable level of risk. Accordingly, the NPRM is withdrawn.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Requests (ICRs) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the information collections and their expected burden. On May 30, 2019, FRA published a notice providing a 60-day period for public comment on the ICRs.
Notice of Final Federal Agency Actions on Transportation Project in North Dakota
This notice announces actions taken by FHWA and other Federal agencies that are final. These actions relate to a proposed transportation project, construction of a new crossing over the Little Missouri River, in the counties of Billings and Golden Valley, State of North Dakota. Those actions grant approvals for the project.
Rescinding the Notice of Intent for an Environmental Impact Statement (EIS): Centre County, Pennsylvania
This notice rescinds the Notice of Intent for preparing an Environmental Impact Statement (EIS) for a proposed highway in Centre County, Pennsylvania. The project study area includes U.S. Route 322 (U.S. 322), Pennsylvania State Route 144 (PA 144), Pennsylvania State Route 45 (PA 45) in College Township, Harris Township, Spring Township, Benner Township, Potter Township, and Centre Hall Borough, Centre County, Pennsylvania.
Removing Regulatory Barriers for Vehicles With Automated Driving Systems; Extension of Comment Period
In response to a request from the public, NHTSA is announcing a 30-day extension of the comment period on the ANPRM on Removing Regulatory Barriers for Vehicles with Automated Driving Systems. The comment period for the ANPRM was originally scheduled to end on July 29, 2019. It will now end on August 28, 2019.
Pipeline Safety: Request for Special Permit; Gulfstream Natural Gas System
PHMSA is publishing this notice to seek public comments on a request for a special permit seeking relief from compliance with certain requirements in the federal pipeline safety regulations. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to either grant or deny the special permit request.
Airworthiness Directives; B/E Aerospace Fischer GmbH Common Seats
The FAA is adopting a new airworthiness directive (AD) for certain B/E Aerospace Fischer GmbH (B/E Aerospace Fischer) Common Seats 170/260 H160. This AD was prompted by the discovery during testing that the energy absorber (EA) may not function as intended during emergency landing. This AD requires removing and replacing the EA assemblies on the affected seats. The FAA is issuing this AD to address the unsafe condition on these products.
Commercial Driver's License Out-of-State Knowledge Test
The FMCSA proposes to allow driver applicants to take the commercial driver's license (CDL) general and specialized knowledge tests in a State (the testing State) other than the applicant's State of domicile. Under this proposed rule, a State would not be required to offer the knowledge tests to out-of-State applicants. However, if the testing State elects to offer the knowledge tests to these applicants, it would transmit the results to the State of domicile, which would be required to accept the results. Because this proposal would not change the existing standards for administration of the knowledge tests, the Agency concludes it would have no detrimental impact on safety.
Hours of Service of Drivers; Definition of Agricultural Commodity
The FMCSA seeks public comment to assist in determining whether, and if so to what extent, the Agency should revise or otherwise clarify the definitions of ``agricultural commodity'' or ``livestock'' in the ``Hours of Service (HOS) of Drivers'' regulations. Currently, during harvesting and planting seasons as determined by each State, drivers transporting agricultural commodities, including livestock, are exempt from the HOS requirements from the source of the commodities to a location within a 150-air-mile radius from the source. This ANPRM is prompted by indications that the current definition of these terms may not be understood or enforced consistently when determining whether the HOS exemption applies.
Hours of Service of Drivers: Application for Renewal of Exemption
FMCSA announces its decision to grant WestRock's request for renewal of its exemption from the hours-of-service (HOS) regulations that prohibit drivers from operating property-carrying commercial motor vehicles (CMVs) after the 14th hour after coming on duty and require 10 hours off-duty before driving. FMCSA renews this limited exemption for WestRock's shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products short distances between its shipping and receiving locations on a public road. The exemption is restricted to a specific route in Chattanooga, Tennessee. This exemption will allow these individuals to occasionally work up to 16 consecutive hours and be allowed to return to work with less than the mandatory 10 consecutive hours off duty. The Agency previously determined that the CMV operations of WestRock's drivers under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.
Agency Information Collection Activities; Approval of a Renewal Information Collection Request: Transportation of Household Goods, Consumer Protection
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 review and approval of the ``Transportation of Household Goods; Consumer Protection.'' The information collected will be used to help regulate motor carriers transporting household goods (HHG) for individual shippers. FMCSA invites public comment on the ICR.
Agency Information Collection Activities; Renewal of an Approved Information Collection: Designation of Agents, Motor Carriers, Brokers and Freight Forwarders
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 renew an ICR entitled ``Designation of Agents, Motor Carriers, Brokers and Freight Forwarders,'' which is used to provide registered motor carriers, property brokers, and freight forwarders a means of meeting process agent requirements.
Amendment of VOR Federal Airways V-115, V-184, V-188, and V-542 in the Vicinity of Tidioute, PA
This action modifies 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. The Tidioute VORTAC is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.
Revocation of Class E Airspace; Tecumseh, MI
This action removes Class E airspace extending upward from 700 feet above the surface at Meyers-Divers' Airport, and Tecumseh Products Airport, Tecumseh, MI. This action is due to the cancellation of the instrument procedures; and the airspace is no longer required.
Proposed Amendment of Class D Airspace; Los Angeles, CA
This action proposes to correct a clerical error in the Los Angeles International Airport, Los Angeles, CA legal description to remove the language establishing the airspace as part time. This action is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.
Proposed Amendment of Class E Airspace; Walden, CO
This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Walden-Jackson County Airport, Walden, CO, to accommodate a new area navigation (RNAV) procedure at the airport. Additionally, this action proposes to remove Class E airspace extending upward from 700 feet above the surface within 4 miles each side of the 342[deg] bearing extending from the 5 mile radius to V-524 northwest of the airport. This action would ensure the safety and management of instrument flight rules (IFR) operations within the National Airspace System. Additionally, this action proposes to update the geographic coordinates of the airport to match the FAA's data base.
Notice of Request To Release Airport Property for Land Disposal
The FAA proposes to rule and invites public comment on the release of land at the Ottumwa Regional Airport, Ottumwa, Iowa.
Expansion of R-3803 Restricted Area Complex; Fort Polk, LA
This action corrects a final rule published in the Federal Register of July 16, 2019, that expands the R-3803 restricted area complex in central Louisiana by establishing four new restricted areas, R-3803C, R-3803D, R-3803E, and R-3803F, and makes minor technical amendments to the existing R-3803A and R-3803B legal descriptions for improved operational efficiency and administrative standardization. This action corrects a typographical error listed in the effective date of that rule.
30-Day Notice of Request for Renewal of a Previously Approved Collection
The OSDBU invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew an information collection. The collection involves ``SBTRC Regional Field Offices Intake Form (DOT F 4500)'' with OMB Control Number 2105- 0554. A 60-day notice was published on May 23, 2019 (84 FR 23827). No comments were received.
Notice of Final Federal Agency Actions on Proposed Transportation Projects in Florida; Statue of Limitations on Claims
The FHWA, on behalf of the Florida Department of Transportation (FDOT), is advising the public of final Federal actions taken by FHWA and other Federal Agencies that are final within the meaning of Federal law. These actions relate to proposed highway improvement project on the United States (U.S.) 90/State Road (S.R.) 10 corridor from Glover Lane in the City of Milton to S.R. 87N/Stewart Street, from S.R. 87N to Ward Basin Road, from Ward Basin Road to S.R. 87S, Federal Project Number: T129-348-R, in Santa Rosa County, State of Florida. These actions grant licenses, permits, and approvals for the project.
Notice of Final Federal Agency Actions on Proposed Transportation Projects in Florida
The FHWA, on behalf of the Florida Department of Transportation (FDOT), is issuing this notice to announce actions taken by FHWA and other Federal Agencies that are final within the meaning of Federal law. These actions relate to the proposed Brooks Bridge replacement project which carries State Road (S.R.) 30/(U.S. 98) from S.R. 145 (Perry Avenue) in the City of Fort Walton Beach over the Santa Rosa Sound and the Gulf Intracoastal Waterway/Gulf Islands National Seashore, and include intersection improvements at S.R. 145 (Perry Avenue) on the west end of the bridge in the City of Fort Walton Beach and in the vicinity of Santa Rosa Boulevard, extending to Pier Road on the east end of Okaloosa Island in Okaloosa County, State of Florida. These actions grant licenses, permits, and approvals for the projects.
Civil Penalties
This final rule confirms the determination NHTSA announced in the notice of proposed rulemaking (NPRM) that the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act or 2015 Act) does not apply to the civil penalty rate applicable to automobile manufacturers that fail to meet applicable corporate average fuel economy (CAFE) standards and are unable to offset such a deficit with compliance credits. In addition, this final rule is finalizing the agency's determination that even if the Inflation Adjustment Act applies, increasing the CAFE civil penalty rate would have a negative economic impact, and therefore, in accordance with the Energy Policy and Conservation Act of 1975 (EPCA) and the Energy Independence and Security Act of 2007 (EISA), the current CAFE civil penalty rate of $5.50 should be retained, instead of increasing to $14 in model year 2019.
IFR Operations at Locations Without Weather Reporting
The FAA is amending a regulation to allow helicopter air ambulance (HAA) operators to conduct instrument flight rules departure and approach procedures at airports and heliports that do not have an approved weather reporting source. This rule applies to HAA aircraft without functioning severe weather detection equipment (airborne radar or lightning strike detection equipment), to permit instrument flight rules departure and approach procedures when the pilot in command reasonably determines that the operation will not encounter severe weather at the destination, the alternate destination, or along the route of flight. This amended rule also updates requirements to address the discontinuance of area forecasts and certain requirements concerning HAA departure procedures.
Airworthiness Directives; Airbus SAS Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A318, A319, A320, and A321 series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive fuel airworthiness limitations. The FAA is issuing this AD to address the unsafe condition on these products.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel PELAGIC 1 (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 KATHRYN JEAN (Sailing Catamaran); 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 FOOTLOOSE (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 DELPHINE (Sailing Catamaran); 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 BETTINA VITA (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.
Palmetto Railways-Construction and Operation Exemption-in Berkeley County, SC
The Board is granting an exemption from the prior approval requirements for Palmetto Railways to construct and operate a new rail line in Berkeley County, SC (the Line). The Line will be used to provide rail service to Volvo Cars of North America and other potential shippers in the Camp Hall Commerce Park. This exemption is subject to environmental mitigation conditions.
Agency Information Collection Activities; Notice and Request for Comments; State Notification to Consumers of Motor Vehicle Recall Status
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on May 7, 2019. No comments were received.
Establishment of Class E Airspace; Beeville-Chase Field, TX
This action establishes Class E airspace extending upward from 700 feet above the surface at Chase Field Industrial Airport, Beeville- Chase Field, TX. Controlled airspace is necessary to accommodate new standard instrument approach procedures developed at Chase Field Industrial Airport, for the safety and management of instrument flight rules (IFR) operations.
Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters
The FAA is adopting a new airworthiness directive (AD) for certain Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This AD was prompted by fatigue analysis indicating stress concentrations, as well as the discovery of a helicopter with a crack in the station (STA) 362 frame and skin. This AD requires inspecting the main transmission forward and aft frame assemblies and adjacent skins for a crack and loose fasteners, and establishing life limits for certain frame assemblies. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; The Boeing Company Airplanes
The FAA proposes to supersede Airworthiness Directive (AD) 2006-11-11, which applies to all The Boeing Company Model 757 airplanes. AD 2006-11-11 requires incorporating a new revision to the Airworthiness Limitations section of the Instructions of Continued Airworthiness to mandate certain repetitive inspections for fatigue cracking of principal structural elements (PSEs). Since AD 2006-11-11 was issued, the FAA has determined 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. The FAA is proposing this AD to address the unsafe condition on these products.
Agency Information Collection Activities: Notice of Request for Approval of a New Information Collection
The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for approval of a new information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on May 3, 2019. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
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