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

FCA US, LLC, (f/k/a Chrysler Group, LLC) ``FCA US,'' has determined that certain Mopar headlamp assemblies sold as aftermarket equipment and installed as original equipment in certain model year (MY) 2017-2018 Dodge Journey motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. FCA US filed a noncompliance report for the replacement equipment dated March 14, 2019, and later amended it on April 9, 2019. FCA US also filed a noncompliance report for the associated vehicles dated March 14, 2019, later amended it on April 9, 2019, and April 25, 2019. FCA US subsequently petitioned NHTSA on April 5, 2019, and filed a supplemental petition on May 14, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of FCA US's petition.

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. This request, titled ``Crime Prevention for Truckers,'' will allow for a study to understand the prevalence, seriousness, and nature of the problem of harassment and assaults against minority and female truckers.

The Maritime Administration (MARAD) is performing its annual update of registered U.S.-flag launch barges. Any additions or changes to the current Register of U.S.-Flag Launch Barges published below in the SUPPLEMENTARY INFORMATION section should be submitted as comments to MARAD. MARAD's Launch Barge Program information page is located at https://www.maritime.dot.gov/ports/domestic-shipping/launch-b arge- program.

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.

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.

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.

The U.S. Department of Transportation (Department or DOT) is seeking comment in this Notice of Proposed Rulemaking (NPRM) on a proposal that would codify definitions for the terms ``unfair'' and ``deceptive'' in the Department's regulations implementing its aviation consumer protection statute. While codifying these definitions into the Department's regulations would be new, the proposed definitions of ``unfair'' and ``deceptive'' reflect the Department's longstanding interpretation of the terms. This proposal would also require the Department to articulate in future enforcement orders the basis for concluding that a practice is unfair or deceptive where no existing regulation governs the practice in question, state the basis for its conclusion that a practice is unfair or deceptive when it issues discretionary aviation consumer protection regulations, and apply formal hearing procedures for discretionary aviation consumer protection rulemakings. In addition, this proposal would codify the longstanding practice of the Department's Office of Aviation Enforcement and Proceedings to offer airlines and ticket agents the opportunity to be heard and present relevant evidence before any determination is made on how to resolve a matter involving a potential unfair or deceptive practice. The proposal is intended to provide regulated entities and other stakeholders with greater clarity and certainty about the Department's interpretation of unfair or deceptive practice in the context of aviation consumer protection rulemaking and enforcement actions.

These special conditions are issued for the Boeing Company (Boeing) Model 777-9 series airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is associated with the installation of an overhead flight attendant rest (OFAR) compartment. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

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.

As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collections required by statute for rail or water carrier equipment liens (recordations), water carrier tariffs, and rail agricultural contract summaries, described below. The Board previously published a notice about these collections in the Federal Register on December 12, 2019 (84 FR 67,991). That notice allowed for a 60-day public review and comment period. No comments were received.

As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of arbitration ``opt-in'' notices, described below. The Board previously published a notice about this collection in the Federal Register on December 12, 2019. That notice allowed for a 60-day public review and comment period. No comments were received.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by reports of loss of retention of the regulator inlet filter retainer on certain crew oxygen cylinder assemblies. This AD requires an inspection of the crew oxygen cylinder assembly for any discrepancy and replacement of an affected crew oxygen cylinder assembly with a serviceable part, 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.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A321-211, -212, -213, -231, and -232 airplanes. This AD was prompted by a report of erroneous positioning of affected parts on the skin of the fuselage during the pre-drill phase, which could result in unwanted drill-starts. This AD requires inspections for the presence of unwanted drill-starts on affected parts, and an inspection for cracks and corrective action if necessary, 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.

The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD was prompted by a report of fatigue cracking at certain frame tie rod locations of the wing. This AD requires repetitive inspections for cracking of the left- and right-side frame tie rod assemblies and stub beam upper chords, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.

Daimler Trucks North America (DTNA) has determined that certain model year (MY) 2017-2019 Freightliner Cascadia motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. DTNA filed a noncompliance report dated January 16, 2019. DTNA subsequently petitioned NHTSA on February 8, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of DTNA's petition.

FRA is issuing this notice to advise the public that FRA is rescinding the Notice of Intent (NOI) for each Environmental Impact Statement (EIS): the Dallas to Fort Worth Core Express Passenger Service between Dallas and Fort Worth, Texas and the New Orleans Rail Gateway in Jefferson and Orleans Parishes, Louisiana.

The FAA is superseding Airworthiness Directive (AD) 2017-19-08 and AD 2018-19-02, which applied to Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes. AD 2018-19-02 required repetitive inspections of the rudder pedal control system support box and shaft and applicable corrective actions; accomplishing those actions terminated the requirements of AD 2017-19- 08. This AD continues to require repetitive inspections and applicable corrective actions; and also requires a modification of the rudder pedal adjustment system; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a determination that a modification must be done in order to address the unsafe condition. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is revising an earlier proposal for Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model MBB-BK 117 C-2 and Model MBB-BK 117 D-2 helicopters. This action revises the notice of proposed rulemaking (NPRM) by changing one of the required actions. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions impose an additional burden over that proposed in the NPRM, the FAA is reopening the comment period to allow the public the chance to comment on these proposed changes.

The FAA proposes to supersede Airworthiness Directive (AD) 2012-21-08, which applies to certain The Boeing Company Model 737-600, -700, -700C, -800, and -900 series airplanes. AD 2012-21-08 requires inspecting for part numbers of the operational program software (OPS) of the flight control computers (FCCs) and installing and testing an updated version of the FCC OPS. Since the FAA issued AD 2012-21-08, the FAA has determined that there is a new unsafe condition which must be addressed by an updated version of the FCC OPS. This proposed AD would retain the requirement to inspect for part numbers of the OPS of the FCCs, and add a new requirement to update the version of the FCC OPS if necessary. This proposed AD would also expand the applicability to include The Boeing Company Model 737-900ER series airplanes. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is considering a proposal to change 788.93 acres of airport land from aeronautical use to non-aeronautical use and to authorize the sale of airport property located at the former Sloulin Field International Airport, ISN, Williston, ND. The aforementioned land is not needed for aeronautical use because the new Williston Basin International Airport, XWA, Williston, ND is open and available for public aeronautical use. The former Williston Airport, ISN, site is located primarily on the west side of Highway 2, north of 26th Street in the City of Williston with 7.25 acres located on the east side of Highway 2. The airport's prior aeronautical use was for commercial and general aviation flying. The proposed non-aeronautical use of the property will be for commercial and residential development.

The FAA proposes to adopt a new airworthiness directive (AD) for Bell Helicopter Textron, Inc. (Bell) Model 214ST helicopters. This proposed AD was prompted by the discovery of bolts with nonconforming external thread root radii. This proposed AD would require removing the affected bolts from service and would prohibit installing an affected bolt on any helicopter. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to all The Boeing Company Model 757 airplanes. As published, the reference for revising the existing maintenance or inspection program specified in the regulatory text is incorrect. This document corrects that error. In all other respects, the original document remains the same.

Notice is being given that the FAA is considering a request from the City of Bangor, MA to Dispose of 3.97 Acres at Bangor International Airport, Bangor, ME. The land is no longer needed for aviation purposes and can be disposed without affecting future aviation needs of the airport. The revenue generated by the disposal will be placed into the airport's operation and maintenance fund.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Roben-Hood Airport, Big Rapids, MI. The FAA is proposing this action as the result of an airspace review caused by the cancellation and revision of the instrument procedures at this airport. The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautic database. Airspace design is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.