Department of Transportation 2019 – Federal Register Recent Federal Regulation Documents

Pursuant to a recommendation by the Department of Transportation (DOT or the Department) Advisory Committee on Human Trafficking, the Secretary of Transportation is launching the annual Combating Human Trafficking in Transportation Impact Award (``the award'') to incentivize an increase in human trafficking awareness, training, and prevention among transportation stakeholders. The award will be a component of the Department's Transportation Leaders Against Human Trafficking initiative. Additional information regarding the Department's counter-trafficking activities can be found at www.transportation.gov/stophumantrafficking. The award serves as a platform for transportation stakeholders to unlock their creativity, and empower them to develop impactful and innovative counter-trafficking tools, initiatives, campaigns, and technologies that can help defeat this heinous crime. The award is open to individuals and entities, including non-governmental organizations, transportation industry associations, research institutions, and State and local government organizations. Entrants compete for a $50,000 cash award that will be awarded to the individual(s) or entity selected for creating the most impactful counter-trafficking initiative or technology. The Department of Transportation intends to incentivize individuals and entities to think creatively in developing innovative solutions to combat human trafficking in the transportation industry, and to share those innovations with the broader community.

The FHWA is proposing to amend its Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) regulations. The revisions are prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which increases statutory relocation benefits and reduces length of occupancy requirements. This proposal is intended to update existing regulations on the use of those amendments. The FHWA is also proposing to update the Uniform Act regulations to reflect the Agency's experience with the Federal-aid highway program since the last comprehensive rulemaking for the part, which occurred in 2005. The updates include streamlining processes to better meet current Uniform Act implementation needs and eliminating duplicative and outdated regulatory language.

The FAA proposes to adopt a new airworthiness directive (AD) for Robinson Helicopter Company Model R44 and R44 II helicopters with an agricultural spray system installed by Supplemental Type Certificate (STC) SR00286BO (spray system). This spray system is also known as a Simplex Manufacturing Company (Simplex) Model 244 spray system. This proposed AD was prompted by a report of an in-flight failure of the spray system elbow pump fitting (pump fitting). This proposed AD would require repetitive inspections of the spray system pump fitting, corrective action if necessary, replacement of the spray system pump fitting, and installation of hose supports and a pump outlet cover. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. This proposed AD was prompted by a report of erroneous indications of certain engine parameters and reports of ``pitch up'' and ``pitch down'' uncommanded attitudes with autopilot engaged in cruise flight. This proposed AD would require installing updated PRIMUS EPIC LOAD software, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, that are final. The actions relate to a proposed highway project, on State Route 12 between postmiles 20.57 and 26.41 near the town of Rio Vista in the County of Solano, State of California. Those actions grant licenses, permits, and approvals for the project.

In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on October 1, 2019 [Vol. 84, No. 190, Page 52173]. No comments were received.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on October 2, 2019 [Vol. 84, No. 190, Page 52172]. No comments were received.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens.

FMCSA requests public comments on the National Association of the Deaf's (NAD) petition for rulemaking to rescind the requirement for interstate drivers of commercial motor vehicles (CMVs) to be able to hear. NAD also requests that FMCSA amend the requirement that interstate drivers be able to speak, and the rule prohibiting the use of interpreters during the administration of the commercial driver's license (CDL) skills test. NAD believes the origins of the hearing requirement dates to a time of misguided stereotypes about the abilities and inabilities of deaf and hard of hearing individuals and the rules should now be changed.

This action proposes to remove Class E airspace area designated as an extension to a Class D surface area for Cecil Airport (previously Cecil Field), Jacksonville, FL, as the Cecil very high frequency omnidirectional range (VOR) has been decommissioned, and the VOR approach cancelled. This action would also amend Class D and E airspace by updating the following airport names: Jacksonville NAS (Towers Field) (previously Jacksonville NAS); Herlong Recreational Airport (formerly Herlong Airport); and, Jacksonville Executive Airport at Craig (previously Craig Municipal Airport). Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. Also, this action would update the geographic coordinates of Cecil Airport, Jacksonville NAS (Towers Field), Jacksonville International Airport, Mayport NAS, and Whitehouse NOLF. This action also would make an editorial change replacing Airport/Facility Directory with the term Chart Supplement in the legal descriptions of associated Class D airspace.

This action proposes to amend Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet above the surface at Boire Field, Nashua, NH, to accommodate airspace reconfiguration due to the decommissioning of CHERN non-directional beacon, and cancellation of the associated approaches. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport. This action also would update the geographic coordinates of this airport, as well as Manchester Very High Frequency Omnidirectional Range Tactical Air Navigation (VORTAC). In addition, this action would recognize the name change of Pepperell Airport, MA, (formerly Sports Center Airport). This action also would replace the outdated term Airport/Facility Directory with the term Chart Supplement in the legal descriptions of associated Class D and E airspace of Boire Field.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation (Gulfstream) Model GVI airplanes. This proposed AD was prompted by a report that the primary flight control actuation system (PFCAS) linear variable displacement transducer (LVDT) mechanical disconnect monitor may not trigger the disconnect of the affected control surfaces as required in the event of a control surface failure. This proposed AD would require updating the software of each PFCAS remote electronics unit (REU), which includes an improvement to the LVDT. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A319-115 airplanes; Model A320-214, -216, -232, -251N, and -271N airplanes; and Model A321-211, -231, -251N, - 251NX, -253N, -271N, -271NX, and -272N airplanes. This proposed AD was prompted by reports of incomplete installations of the over wing panel lug attachments in the production assembly line. This proposed AD would require a one-time detailed inspection of certain attaching points on the left-hand and right-hand wings for the correct installation of certain hardware, and, depending on findings, accomplishment of applicable corrective actions, as specified in a European Union 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.

The FAA proposes to supersede Airworthiness Directive (AD) 2017-05-12, which applies to certain Airbus SAS Model A318-112 airplanes, Model A319-111, -112, -115, -132, and -133 airplanes, Model A320-214, -232, and -233 airplanes, and Model A321-211, -212, -213, - 231, and -232 airplanes. AD 2017-05-12 requires a one-time eddy current conductivity measurement of certain cabin, cargo compartment, and frame structural parts to determine if aluminum alloy with inadequate heat treatment was used, and replacement if necessary. Since AD 2017-05-12 was issued, it was determined that aluminum alloy with inadequate heat treatment had been used for additional structural parts. This proposed AD would retain the requirements of AD 2017-05-12, and for certain airplanes, would require additional work, as specified in a European Union 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.

FMCSA extends the compliance date for the requirement established by the December 5, 2016, Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) final rule that States request information from the Clearinghouse (``query'') about individuals before completing certain commercial driver's license (CDL) transactions for those drivers. The States' compliance with this requirement, currently due to begin on January 6, 2020, is delayed until January 6, 2023. This rule will, however, allow States the option to voluntarily request Clearinghouse information beginning on January 6, 2020. The compliance date extension allows FMCSA the time needed to complete its work on a forthcoming rulemaking to address the States' use of driver-specific information from the Clearinghouse, and time to develop the information technology platform through which States will electronically request and receive Clearinghouse information. The compliance date of January 6, 2020, remains in place for all other requirements set forth in the Clearinghouse final rule.

PHMSA is publishing this notice to solicit public comments on two (2) requests received from the Kern River Gas Transmission Company to renew previously issued special permits. These special permit renewal requests are 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 grant or deny the special permit renewal requests.

FMCSA announces that Harris Companies, Inc. (Harris) has requested an exemption from the electronic logging devices (ELDs) rule for all its employees who are required to prepare records of duty status (RODS). This includes elevator technicians, electricians, other general laborers, and welders that operate commercial motor vehicles (CMVs) in interstate commerce. FMCSA requests public comment on Harris' application for exemption. A copy of Harris' application for exemption is available for review in the docket for this notice.

This action establishes Class E surface airspace for St. Simons Island Airport, St. Simons, GA, and for Brunswick Golden Isles Airport, Brunswick, GA, and amends Class E airspace extending upward from 700 feet above the surface in Brunswick, GA, to accommodate airspace reconfiguration due to the airport's names and cities requiring updates. Also, this action removes Class E surface airspace listed as Brunswick Glynco Jetport, GA, and Brunswick Malcolm-McKinnon Airport, GA in the FAA's 7400.11D. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at these airports. This action also updates the geographic coordinates of St. Simons Island Airport, (formally Brunswick Malcolm-McKinnon Airport). In addition, this action amends Class E airspace extending upward from 700 feet above the surface in the Brunswick area by updating the name and geographic coordinates of St. Simons Island Airport and Brunswick Golden Isles Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is adopting a new airworthiness directive (AD) for all Gulfstream Aerospace Corporation (Gulfstream) Model GVI airplanes. This AD requires revising the airplane flight manual (AFM) for your airplane by adding an airplane flight manual supplement (AFMS), which contains operating limitations and abnormal procedures for loss of rudder or yaw damper. This AD was prompted by a report of an inflight rudder surface shutdown that resulted in lateral-directional oscillations of the airplane. The FAA is issuing this AD to address the unsafe condition on these products.

This notice establishes a pilot Railroad Rehabilitation and Improvement Financing (``RRIF'') Express Program (``RRIF Express'') aimed at increasing access to the RRIF program by short line and regional railroads. The RRIF Express Program will be administered by the DOT's National Surface Transportation and Innovative Finance Bureau (the ``Build America Bureau'' or ``Bureau''). The overall RRIF program finances development of railroad infrastructure, and is authorized to have up to $35 billion in outstanding principal amounts from direct loans and loan guarantees at any one time. The 2018 Consolidated Appropriations Act \1\ appropriated $25 million in budget authority to the DOT to cover the cost to the Federal Government (``the Government'') of RRIF credit assistance (Credit Risk Premium (``CRP'') Assistance or ``CRP Assistance''). Additionally, the 2016 Consolidated Appropriations Act \2\ and the 2018 Consolidated Appropriations Act \3\ provided $1.96 million and $350,000, respectively (of which approximately $1 million remains available), to the DOT to fund certain expenses incurred by prospective RRIF borrowers in preparation of their applications for RRIF credit assistance (this approximately $1 million assistance, collectively, ``Cost Assistance''). Using existing authorities and these new budget authorities, the DOT has established the RRIF Express Program.

The FAA proposes to supersede Airworthiness Directive (AD) 2017-15-01, which applies to certain The Boeing Company Model 777 airplanes. AD 2017-15-01 requires replacing the existing mode control panel (MCP) with a new MCP having a different part number. Since we issued AD 2017-15-01, the FAA has determined that the affected parts may be installed on airplanes outside of the original applicability of AD 2017-15-01. This proposed AD would retain the requirements of AD 2017-15-01, expand the applicability to include those other airplanes, and add a new requirement for certain airplanes to identify and replace the affected parts. 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.