Department of Transportation January 2020 – Federal Register Recent Federal Regulation Documents

The FMCSA grants the petition submitted by the American Bus Association (ABA) requesting a determination that the State of California's Meal and Rest Break rules (MRB rules) are preempted under 49 U.S.C. 31141 as applied to passenger-carrying commercial motor vehicle drivers subject to FMCSA's hours of service regulations. Federal law provides for preemption of State laws on commercial motor vehicle safety that are additional to or more stringent than Federal regulations if they (1) have no safety benefit; (2) are incompatible with Federal regulations; or (3) would cause an unreasonable burden on interstate commerce. The FMCSA has determined that California's MRB rules are laws on commercial motor vehicle (CMV) safety, that they are more stringent than the Agency's hours of service regulations, that they have no safety benefits that extend beyond those already provided by the Federal Motor Carrier Safety Regulations, that they are incompatible with the Federal hours of service regulations, and that they cause an unreasonable burden on interstate commerce. The California MRB rules, therefore, are preempted under 49 U.S.C. 31141(c).

The FAA is adopting a new airworthiness directive (AD) for The Boeing Company Model 737-300, -400, and -700 series airplanes, modified to a Bedek Division Special Freighter (BDSF) by Supplemental Type Certificate (STC) ST01566LA, ST01961SE, or ST02556SE, with a 9G rigid barrier. An emergency AD was sent to all known U.S. owners and operators of these airplanes. This AD requires complying with loading restrictions and methods. This AD was prompted by a review of the manufacturing process for the 9G rigid barrier installed on BDSF conversions that identified a manufacturing non-compliance. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to amend three VHF Omnidirectional Range (VOR) Federal airways, V-12, V-74, and V-516, in the vicinity of Anthony, KS. The modifications are necessary due to the planned decommissioning of the VOR portion of the Anthony, KS, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Anthony VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action corrects a final rule published in the Federal Register of November 20, 2019, that amended, removed and established United States Area Navigation (RNAV) ATS routes in the western United States. ATS route T-268 had a geographic coordinate misidentified for HEMER, WA waypoint. This action corrects the geographic coordinate that was incorrectly listed in the final rule.

This action proposes to amend six VHF Omnidirectional Range (VOR) Federal airways, V-17, V-18, V-62, V-94, V-163, and V-568, in the vicinity of Glen Rose, TX. The modifications are necessary due to the planned decommissioning of the VOR portion of the Glen Rose, TX, VOR/ Tactical Air Navigation (VORTAC) navigation aid (NAVAID), which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Glen Rose VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to amend five VHF Omnidirectional Range (VOR) Federal airways, V-4, V-53, V-115, V-119, and V-140; amend two low altitude Area Navigation (RNAV) routes, T-215 and T-323; and remove three VOR Federal airways, V-331, V-339, and V-478, in the vicinity of Newcombe, KY, and Hazard, KY. The Air Traffic Service (ATS) route modifications are necessary due to the planned decommissioning of the VOR portions of the Newcombe, KY, VOR/Tactical Air Navigation (VORTAC) and the Hazard, KY, VOR/Distance Measuring Equipment (VOR/DME) navigation aids (NAVAIDs). The NAVAIDs provide navigation guidance for portions of the affected air traffic service (ATS) routes. These VORs are being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The FAA proposes to supersede Airworthiness Directive (AD) 2005-23-09, which applies to all General Electric Company (GE) CF6- 80E1A1, -80E1A2, -80E1A3, -80E1A4, and -80E1A4/B model turbofan engines. AD 2005-23-09 requires initial and repetitive fluorescent- penetrant inspections (FPI) of certain areas of high-pressure compressor (HPC) cases, part number (P/N) 1509M97G07 and P/N 2083M69G03. Since the FAA issued AD 2005-23-09, GE performed an updated lifing analysis on the HPC case. As a result, GE found additional locations on the cases requiring FPI, revised the inspection interval for performing FPI of the existing location, and added an additional P/ N HPC case that requires inspection. This proposed AD would require an update of the Airworthiness Limitations Section (ALS) of GE Engine Manual GEK99376 and the operator's existing continuous airworthiness maintenance program (CAMP). 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.

The FAA is superseding Airworthiness Directive (AD) 2017-12- 07, which applied to certain The Boeing Company Model 737-800, -900, and -900ER series airplanes. AD 2017-12-07 required replacing the affected left temperature control valve and control cabin trim air modulating valve. This AD retains the requirements of AD 2017-12-07, expands the applicability to include additional airplanes, and adds a new requirement for certain airplanes to identify and replace the affected parts. This AD was prompted by reports of in-flight failure of the left temperature control valve and control cabin trim air modulating valve. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 727, 727C, 727-100, 727-100C, 727- 200, and 727-200F series airplanes. This proposed AD was prompted by reports of nuisance stick shaker activation while the airplane accelerated to cruise speed at the top of climb. This proposed AD was also prompted by an investigation of those reports that revealed that the angle of attack (AOA) (also known as angle of airflow) sensor vanes could not prevent the build-up of ice, causing the AOA sensor vanes to become immobilized, which resulted in nuisance stick shaker activation. This proposed AD would require a general visual inspection of the AOA sensors for certain AOA sensors, and replacement of affected AOA sensors. 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 ATRGIE Avions de Transport R[eacute]gional Model ATR42 airplanes and Model ATR72 airplanes. This proposed AD was prompted by reports of interference and chafing between a propeller brake hydraulic pipe and an electrical wire bundle bracket screw installed in the underwing box of the right-hand (RH) engine nacelle. This proposed AD would require a modification of the electrical wiring routing in the engine nacelles, a one-time detailed visual inspection (DVI) of the propeller brake hydraulic pipe and electrical wire bundle bracket screw head in the underwing box of the RH engine nacelle 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.

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.

The Surface Transportation Board (Board) is accepting for consideration the application filed on December 17, 2019, by Soo Line Corporation (Soo Line Corp.) and Central Maine & Quebec Railway US Inc. (CMQR US) (collectively, Applicants). The application seeks Board approval for Soo Line Corp., an indirect wholly owned holding company subsidiary of Canadian Pacific Railway Company (CP), to acquire control of CMQR US. This proposal is referred to as the Transaction. The Board finds that the application is complete. The Board also makes the preliminary determination, based on the evidence presented in the application, that the Transaction is a minor transaction because it ``clearly will not have any anticompetitive effects'' and that, if any such anticompetitive effects were found to exist, they would ``clearly be outweighed by the [T]ransaction's anticipated contribution to the public interest in meeting significant transportation needs.'' 49 CFR 1180.2. The Board emphasizes that this is not a final determination and may be rebutted by subsequent filings and evidence submitted into the record for this proceeding. The Board will carefully consider any claims that the Transaction would have anticompetitive effects.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 airplanes. This AD was prompted by a report of dislodged passenger door girt bars. This AD requires modification of the girt bar retention mechanism of the affected doors, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

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, 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 contact information along with the education and experience of a person seeking to be appointed as an FAA Designated Engineering Representative (DER). The information to be collected will be used to determine the eligibility and qualifications of the DER applicant.

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 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.

FMCSA seeks information on how best to design and conduct a study to identify factors contributing to all FMCSA reportable large truck crashes (towaway, injury and fatal). Methodologically, the Agency seeks information on how best to balance sample representativeness, comprehensive data sources, ranges of crash types, and cost efficiency. The methodology should also address the use of on-board electronic systems which can generate information about speeding, lane departure, and hard braking. The study should be designed to yield information that will help FMCSA and the truck safety community to identify activities and other measures likely to lead to significant reductions in the frequency, severity, and crash rate involving commercial motor vehicles. As practicable, the study shall rank such activities and measures by the reductions each would likely achieve, if implemented. This RFI supports a two-part process to gather information for the development of a Large Truck Crash Causal Factors Study (LTCCFS) and to promote transparency and innovation by enabling the public, academics, experts, and industry to comment on how best to conduct this study. This study will help improve FMCSA and its State partners' ability to: 1. Evaluate crashes involving large trucks and identify emerging trends; 2. Monitor crash trends and identify causes and contributing factors; and 3. Develop effective safety improvement policies and programs.

FMCSA announces receipt of applications from eight individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.

By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2020, so that grantees and subgrantees affected by a national or regional emergency or disaster may request temporary relief from FTA administrative and statutory requirements.

This action amends Class D at the Eagle County Regional Airport in Eagle, CO. It also amends the Class E airspace area designated as a surface area. Additionally, it amends Class E airspace by adding an area designated as an extension to the Class D and Class E2 surface areas. Further, it amends the Class E airspace extending from 700 feet above the surface of the earth. Lastly, it updates the geographic coordinates of the airport to match the FAA's database.

This action proposes to establish Class E airspace extending upward from 700 feet or more above the surface at Mountain Home Municipal Airport, Mountain Home, ID. The first area is proposed to extend upward from 700 feet above the surface. The second area is proposed to extend upward from 1,200 feet above the surface. The establishment of the Class E airspace will support a new area navigation (RNAV) approach procedure and provide properly sized airspace for the airport's current RNAV approach and IFR departures. This action would ensure the safety and management of instrument flight rules (IFR) operations at the airport.

This action proposes to amend the Class E airspace by establishing a designated surface area at the Bend Municipal Airport, Bend, OR. This airspace area is designed to enhance safety at the airport by providing controlled airspace to the surface. This action also proposes to establish an airspace area designated as an extension to a Class D or Class E surface area. This area is designed to contain aircraft on instrument approaches when they descend below 1,000 feet above the surface. Additionally, this action proposes to amend the airspace area extending upward from 700 feet or more above the surface. Amendments to this airspace area are designed to properly contain arriving and departing IFR aircraft. This action would ensure the safety and management of IFR operations at the airport.