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

The Department of Transportation (DOT) extends the comment period for its November 27, 2019 request for information (RFI) on unmet transportation infrastructure needs in rural transportation, barriers that rural communities face in addressing these needs, stakeholders' experiences with applying to and using DOT discretionary grant and credit programs, and opportunities for DOT to improve its services and technical assistance to rural communities in relation to these grant and credit programs. The Department believes it is appropriate to extend the comment period to provide interested parties additional time to submit their responses to the RFI. Therefore, the Department extends the deadline for the submission of comments until January 27, 2020.

Pursuant to a recommendation by the Future of Aviation Advisory Committee, the Secretary of Transportation, through the Federal Aviation Administration (FAA), is announcing the sixth annual competition to recognize students with the ability to demonstrate unique and innovative thinking in aerospace science and engineering. This competition includes a high school division and both a graduate and undergraduate university division. The Department of Transportation (DOT) intends to use this competition to incentivize students at high schools and universities to think creatively in developing innovative solutions to aviation and aerospace challenges, and to share their innovations with the broader community.

The FAA proposes to supersede Airworthiness Directive (AD) 2008-24-04 for Eurocopter France (now Airbus Helicopters) Model AS355E, AS355F, AS355F1, AS355F2, and AS355N helicopters. AD 2008-24-04 requires repetitively inspecting the lubricating pump and checking the magnetic chip detector plug (chip detector) and the main gearbox (MGB) oil-sight glass. Since the FAA issued AD 2008-24-04, Airbus Helicopters has developed an alteration of the MGB oil flow distribution that corrects the unsafe condition. This proposed AD would retain the requirements of AD 2008-24-04 and would allow the option of altering the MGB oil flow distribution as a terminating action for the inspections. The actions of this proposed AD are intended to address an unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747- 200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. This proposed AD was prompted by reports of cracks of the upper splice fittings. This proposed AD would require repetitive detailed inspections and open hole high frequency eddy current (HFEC) inspections of the upper splice fittings for cracks and applicable on-condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 727 airplanes. This AD was prompted by the FAA's analysis of the Model 727 fuel system review conducted by the manufacturer. This AD requires modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the body-mounted auxiliary fuel tanks due to electrical fault conditions. As an alternative to the modification, this AD allows deactivating the body-mounted auxiliary fuel tanks. The FAA is issuing this AD to address the unsafe condition on these products.

This notice announces actions taken by the FHWA that are final pursuant to the statute. The actions relate to a proposed highway project, I-95 Northbound Providence Viaduct Replacement in the City of Providence in the State of Rhode Island, FHWA Project Number IM-0953- 105, Rhode Island Department of Transportation (RIDOT) Contract Number 2008-EB-001B.

FMCSA announces receipt of applications from 11 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

FMCSA announces its decision to renew exemptions for 11 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 continue to operate CMVs in interstate commerce.

FMCSA announces its decision to renew exemptions for 34 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.

This document announces the National Highway Traffic Safety Administration (NHTSA) receipt of a petition for a decision that model year (MY) 2017-2019 Mercedes Benz Maybach S600 Pullman passenger cars (PCs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), are eligible for importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2017-2019 Mercedes Benz Maybach S600 PCs) and are capable of being readily altered to conform to the standards.

This document announces the National Highway Traffic Safety Administration (NHTSA) receipt of a petition for a decision that model year (MY) 2018-2019 Swift Sprite Alpine 4 single axle camper trailers that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), are eligible for importation into the United States because they are capable of being readily altered to conform to the standards.

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA is informing the public that FRA proposes to make three minor revisions to the Quarterly Positive Train Control (PTC) Progress Report Form (Form FRA F 6180.165) and Annual PTC Progress Report Form (Form FRA F 6180.166), which the Office of Management and Budget (OMB) previously approved on September 24, 2018, under its regular processing procedures. In addition, FRA is now proposing to require host railroads operating FRA-certified PTC systems to submit a Statutory Notification of PTC System Failures (Form FRA F 6180.177) to fulfill the temporary reporting requirement under the Positive Train Control Enforcement and Implementation Act of 2015 (PTCEI Act), and FRA is proposing an alternative reporting frequency and reporting location, as the statutory mandate authorizes FRA to establish. Before submitting this revised information collection request (ICR) to OMB for regular clearance and approval, FRA is soliciting public comment on specific aspects of the proposed ICR described below.

The FAA is adopting an airworthiness directive (AD) for certain The Boeing Company Model 737-900ER series airplanes. This AD requires replacement of nonconforming head strike pads with conforming head strike pads. This AD was prompted by a report of nonconforming head strike pads on the left and right mid exit doors. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2017-16- 08, which applied to certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. AD 2017-16-08 required revising the existing maintenance or inspection program, as applicable, to incorporate more restrictive airworthiness limitations. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD also adds airplanes to the applicability. This AD was prompted by the FAA's determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by a report of a fuel leak resulting from a crack on the left in-spar upper wing skin. This AD requires repetitive surface high frequency eddy current (HFEC) inspections of the left and right upper wing skin for any crack, repetitive general visual inspections of the upper wing skin in the adjacent rib bay areas for any crack, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.

PHMSA has determined that the minimum random drug testing rate for covered employees will remain at 50 percent during calendar year 2020. Operators are reminded that drug and alcohol testing information must be submitted for contractors who are performing or are ready to perform covered functions. For calendar year 2019 reporting, the ``user name'' and ``password'' for the Drug and Alcohol Management Information System (DAMIS) will be available in the PHMSA Portal.

The FAA is adopting a new airworthiness directive (AD) for all Engine Alliance (EA) GP7270 and GP7277 model turbofan engines with a certain low-pressure compressor (LPC) 1st-stage fan blade installed. This AD requires an ultrasonic inspection of the affected LPC 1st-stage fan blades and replacement of any affected fan blades that fail the inspection. This AD was prompted by a report of an in-flight shutdown (IFSD) of an engine due to the fracture of multiple fan blades. The FAA is issuing this AD to address the unsafe condition on these products.

The FMCSA announces that it is increasing the minimum annual percentage rate for random controlled substances testing for drivers of commercial motor vehicles (CMVs) requiring a commercial driver's license (CDL) from the current rate of 25 percent of the average number of driver positions to 50 percent of the average number of driver positions, effective in calendar year 2020. The FMCSA Administrator must increase the minimum annual random testing percentage rate when the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent. Based on the results of the 2018 FMCSA Drug and Alcohol Testing Survey, the positive rate for controlled substances random testing increased to 1.0 percent. Therefore, the Agency will increase the controlled substances minimum annual percentage rate for random controlled substances testing to 50 percent of the average number of driver positions.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for projects in Denver, Colorado, Portland, Oregon, and Las Vegas, Nevada. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

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. The information collected will be used to help ensure that motor carriers of passengers and property maintain appropriate levels of financial responsibility.

In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that FHWA will submit the collection of information described below to the Office of Management and Budget (OMB) for review and comment. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 4, 2019. The PRA submission describes the nature of the information collection and its expected cost and burden.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by reports that during airplane wing fatigue testing, fatigue cracks were found on the lower right-hand-side wing plank at the end of the integrally machined stringers, which led to a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require, for certain airplanes, 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.

This final rule sets forth a comprehensive revision and update of the Department's regulations on rulemaking procedures and consolidates all of the Department's existing administrative procedures in one location. This final rule also incorporates and reflects the Department's current policies and procedures relating to the issuance of rulemaking documents. In addition, this update codifies the Department's internal procedural requirements governing the review and clearance of guidance documents and the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.

This notice announces a meeting of the Lithium Battery Safety Advisory Committee.