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

FMCSA announces receipt of applications from six 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.

FMCSA announces its decision to renew exemptions for 2 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.

FMCSA announces its decision to exempt ten individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

This action establishes Class E airspace extending upward from 700 feet above the surface at Hunt Field, Lander, WY, to accommodate new area navigation (RNAV) procedures at the airport. This action is necessary for the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

The FAA proposes to adopt a new airworthiness directive (AD) for all General Electric Company (GE) CF6-80C2A5F, -80C2B1F, -80C2B2F, -80C2B4F, -80C2B5F, -80C2B6F, -80C2B6FA, -80C2B7F, -80C2B8F, -80C2D1F, -80C2K1F, -80C2L1F, -80E1A2, -80E1A3, -80E1A4, and -80E1A4/B model turbofan engines with a certain hydromechanical unit (HMU) installed. This proposed AD was prompted by a report of fuel coking of the HMU fuel metering valve (FMV) electro-hydraulic servo valves (EHSV) resulting in tailpipe fire. This proposed AD would require removal of the HMU and replacement with a part eligible for installation. The FAA is proposing this AD 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 proposed highway project for transportation improvements in the Interstate 80 (I-80), Interstate 580 (I-580), United States Highway 395 (US 395) Interchange, and connecting roads in the City of Reno and City of Sparks, Washoe County, Nevada. The I-80/I-580/US 395 Interchange is known locally as the ``Spaghetti Bowl.'' These actions grant licenses, permits, and approvals for the project.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-214 and -271N airplanes and Model A321- 211 and -231 airplanes. This AD was prompted by a test of a new wall partition for a certain cabin attendant seat model that revealed the backrest was permanently deformed and did not allow the seat pan to return to a full-up position; investigation results identified that a heat treatment had not been applied on certain backframes. This AD requires modifying the affected cabin attendant seats, as specified in a European Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to supersede Airworthiness Directive (AD) 2014-24-07, which applies to certain Airbus SAS Model A318 series airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2014-24-07 requires repetitive rototest inspections for cracking; corrective actions if necessary; and modification of the torsion box, which terminates the repetitive inspections. Since the FAA issued AD 2014-24-07, the FAA has determined that the compliance times for the repetitive inspections must be revised for certain airplanes. This proposed AD would retain the actions of AD 2014-24-07, with certain revised compliance times, as specified in a European Aviation Safety Agency (EASA) AD, which will be incorporated by reference. This proposed AD would also revise the applicability to include additional airplanes. The FAA is proposing this AD to address the unsafe condition on these products.

This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

In accordance with the Privacy Act of 1974, the Department of Transportation proposes to issue a new Department of Transportation system of records titled, ``Department of Transportation Federal Motor Carrier Safety Administration-011Military Under 21 Pilot Program System of Records.'' FMCSA is required by Section 5404 of the Fixing America's Surface Transportation Act, 2015 (FAST Act), to conduct a pilot program to allow 18- to 20-year-old persons with military driving experience to operate CMVs in interstate commerce. The pilot program seeks to determine the safety benefits or risks posed by military service members aged 18, 19, and 20 with specialized training in heavy vehicle operations operating a freight-carrying CMV in interstate commerce as compared to current entry-level commercial motor vehicle drivers aged 21-24 when operating a freight-carrying CMV in interstate commerce. The goal of this pilot program is to determine whether the group of under-21 military CDL holders operating in interstate commerce have similar or better safety performance outcomes than the 21-24 year old entry level drivers operating in interstate commerce. The information collected as part of the pilot program is necessary to: (1) Determine the eligibility of drivers to participate in the pilot program; (2) effectively implement and monitor the pilot program, given that participating under-21 military drivers will be participating with an exemption; (3) contact drivers if necessary throughout the pilot program (e.g., for follow-on questions or clarification on data), and (4) to conduct analysis on the safety performance of the participating drivers and make safety decisions accordingly. Specific details concerning eligibility for pilot program participation were previously published at 81 FR 56745 (September 21, 2016); 83 FR 31631 (July 6, 2018); and 83 FR 60950 (November 27, 2018). Pursuant to 49 U.S.C. 31315(c)(3) and 49 CFR 381.515, the FMCSA Administrator has the authority to immediately revoke the participation of a motor carrier, CMV, or driver in the Under 21 Military Pilot Program for failure to comply with the program's terms and conditions. Participation in the Under 21 Military Pilot Program does not provide for any right, entitlement, or benefit.

The Federal Aviation Administration (FAA) announces its decision to adopt the portions specific to the BAX R-2201 and DMPTR R- 2205 of the United States Departments of the Army (Army) and Air Force's (USAF) Final Environmental Impact Statement (EIS) for the Modernization and Enhancement of Ranges, Airspace, and Training Areas in the Joint Pacific Alaska Range Complex (JPARC) in Alaska, EIS No. 20130181. In accordance with Section 102 of the National Environmental Policy Act of 1969 (``NEPA''), the Council on Environmental Quality's (``CEQ'') regulations implementing NEPA, and other applicable authorities, including The Federal Aviation Administration (FAA) Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 8-2, and FAA Order JO 7400.2M, ``Procedures for Handling Airspace Matters,'' paragraph 32-2-3, the FAA has conducted an independent review and evaluation of the Army and the USAF's Final EIS for Modernization and Enhancement of Ranges, Airspace, and Training Areas in the JPARC in Alaska, dated June 2013. As a cooperating agency with responsibility for approving special use airspace (SUA), the FAA provided subject matter expertise and coordinated with the USAF and Army during the environmental review process, including preparation of the Draft EIS and the Final EIS. Based on its independent review and evaluation, the FAA has determined the Final EIS, including its supporting documentation, as incorporated by reference, and other supporting documentation incorporated by reference for FAA's Written Re-Evaluation and Adoption of the Final EIS adequately assesses and discloses the environmental impacts of the for Modernization and Enhancement of Ranges, Airspace, and Training Areas in the JPARC in Alaska. FAA is authorized to adopt the Final EIS, Adoption. Accordingly, the FAA adopts the Final EIS, and takes full responsibility for the scope and content that addresses the proposed changes to SUA for JPARC.

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. The collection involves the voluntary submission of information gained through the Flight Operations Quality Assurance (FOQA) Program. FOQA is a voluntary safety program designed to improve aviation safety through the proactive use of flight-recorded data. The information collected will allow operators to use this data to identify and correct deficiencies in all areas of flight operations.

The FAA is superseding Airworthiness Directive (AD) 2005-20- 01, which applied to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD 2005-20-01 required repetitive inspections of the vertical stiffeners at left buttock line (LBL) and right buttock line (RBL) 6.15 for cracks; and replacement of both stiffeners with new, improved stiffeners if any stiffener is found cracked. This new AD requires, depending on airplane configuration, replacing the vertical stiffeners at LBL and RBL 6.15 on the rear spar of the wing center section, installing angle and bonding jumpers, installing brackets, applying sealant, and applying paint. This AD was prompted by reports of cracks found in the left and right side keel beam upper chords when replacing vertical stiffeners. This AD was also prompted by possible degradation of the fault current bonding path that could introduce an ignition source in the fuel tank in the event of a fault current being imparted onto the fuel tank structure. The FAA is issuing this AD to address the unsafe condition on these products.

This action corrects a final rule published in the Federal Register on July 23, 2019, establishing Class E airspace for Tri-Cities Airport, Endicott, NY, by correcting the airport's name in the legal description. The `dash' was inadvertently omitted from the airport name in the body of the legal description.

The FAA is publishing a new airworthiness directive (AD) for all Airbus Helicopters Deutschland GmbH Helicopters (Airbus) Model MBB- BK 117 C-2 helicopters. Emergency AD 2019-10-51 was sent previously to all known U.S. owners and operators of these helicopters. This AD requires, for certain helicopters, inspecting the fuselage frame and providing certain information to the FAA. This AD also prohibits installing certain components as part of Supplemental Type Certificate (STC) SR00592DE on any helicopter. This AD was prompted by reports of fatigue cracks in the fuselage frame. The FAA is issuing this AD to address the unsafe condition on these products.

The Federal Highway Administration (FHWA) is issuing this notice to announce actions taken by FHWA that are final. This notice announces to the public that FHWA, as the National Environmental Policy Act (NEPA) lead agency, circulated a Final Environmental Impact Statement (EIS) and Section 4(f) De Minimis Determination (October 19, 2018) for the US 50/South Shore Community Revitalization Project (project) and issued a Record of Decision (ROD) (August 2, 2019). The actions relate to a proposed highway realignment project on US Highway 50 (US 50) in the City of South Lake Tahoe, California and Stateline, Nevada. The action taken by FHWA includes approval of the project. This notice supersedes a notice published on August 23, 2019, which inadvertently failed to include a date certain in the following paragraph. The date below applies to the actions taken by FHWA with regard to the project.

In January 2012, Allerton Charter Coach, Inc. (Allerton) submitted a petition requesting that FMCSA determine that the Chicago Ground Transportation Tax registration emblem display requirement is preempted by Federal law. In March 2012, FMCSA published a notice of Allerton's petition for determination and requested comments. The Agency received five comments in response to the March 2012 notice. Due to the passage of time, and to ensure that all interested parties have an opportunity to provide comments or new information, the Agency re- opens the comment period for 30 days.

This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

FMCSA announces its decision to exempt six individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

On September 12, 2013, FMCSA published a request for comments on petitions submitted by Motor Coach Canada (MCC) and the American Bus Association (ABA) seeking a determination that Article 19-A of the State of New York's Vehicle and Traffic Law governing drivers of passenger-carrying interstate motor vehicles is preempted by Federal Law. The comment period closed on November 12, 2013. The Agency received 6 comments. In view of the passage of time since the initial request for comments, and because ABA recently requested that the docket be re-opened for additional comments, FMCSA is reopening the comment period for 30 days to ensure that all interested parties have an opportunity to comment or provide new information.

NHTSA announces a meeting of the National Emergency Medical Services Advisory Council (NEMSAC) to be held at DOT Headquarters in Washington, DC. This notice announces the date, time, and location of the meeting, which will be open to the public, as well as provide opportunities for public input to the NEMSAC. The purpose of NEMSAC, a nationally recognized council of emergency medical services representatives and consumers, is to advise and consult with DOT and the Federal Interagency Committee on Emergency Medical Services (FICEMS) on matters relating to emergency medical services (EMS).