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

The FAA is superseding Airworthiness Directives (ADs) 2012-22- 05 and 2018-19-03, which applied to certain Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. AD 2012-22-05 required inspecting for cracks of the pistons on the main landing gear (MLG), and replacing the affected pistons if necessary. AD 2012-22-05 also required modifying the MLG, and revising the airplane maintenance program. AD 2018-19-03 required an inspection of the MLG, and replacement if necessary. This AD retains the requirements of AD 2012-22-05, expands the applicability, and requires a new modification or replacement of the MLG; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD was prompted by a determination that the required heat treatment may not have been applied to certain MLG pistons. 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 all Airbus SAS Model A330-200 series airplanes, Model A330-200 Freighter series airplanes, and Model A330-300 series airplanes. This proposed AD was prompted by a determination that certain inspection procedures specified an incorrect inspection area. This proposed AD would require repetitive detailed inspections of a certain stringer location, and applicable corrective actions if necessary, 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.

PHMSA is publishing this notice to solicit public comment on a request from Empire Pipeline, Inc., to renew a previously issued special permit. The special permit renewal request is seeking continued 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 request.

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 FAA proposes to supersede Airworthiness Directive (AD) 2019-03-06, which applies to certain The Boeing Company Model 737-300, -400, and -500 series airplanes. AD 2019-03-06 requires installing lanyard assemblies to the passenger service units (PSUs) and, for certain airplanes, on the life vest panels. Since AD 2019-03-06 was issued, the FAA has determined that additional actions are necessary for five airplanes. This proposed AD would retain the requirements of AD 2019-03-06 and require installation of lanyard assemblies to the life vest panels on those five airplanes. The FAA is proposing this AD to address the unsafe condition on these products.

This action removes VHF Omnidirectional Range (VOR) Federal airway V-61 in its entirety and extends area navigation (RNAV) route T- 286 in its place. The FAA is taking this action due to the planned decommissioning of the Robinson, KS (RBA), VOR portion of the Robinson VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID). The Robinson VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

FRA is issuing this notice to explain its rationale for approving a CSX Transportation (CSX) Test Program designed to test track inspection technologies (i.e., an autonomous track geometry measurement system) and new operational approaches to track inspections, as well as its rationale for granting a limited, temporary suspension of a substantive FRA rule that is necessary to facilitate the conduct of the Test Program.

FMCSA announces that Motion Picture Compliance Solutions (MPCS) has applied for an exemption on behalf of its members that employ commercial driver's license (CDL) holders subject to drug and alcohol testing. Specifically, MPCS requests an exemption from the requirement that an employer must not employ a driver who is subject to drug and alcohol testing to perform safety-sensitive functions prior to conducting a full query of the Drug and Alcohol Clearinghouse (Clearinghouse). Under the requested exemption, MPCS would conduct a limited query of the Clearinghouse before one of its member employers hires a driver for a project. If the limited query indicates that information about the driver exists in the Clearinghouse, the driver would not be permitted to perform safety-sensitive functions unless and until a full query subsequently shows that the driver is not prohibited from operating a commercial motor vehicle (CMV). FMCSA requests public comment on MPCS's application for an exemption.

This notice serves to inform interested parties and the public of the Maritime Administration's (MARAD) new program designating eligible and qualified training entities as Centers of Excellence for Domestic Maritime Workforce Training and Education (CoE). The National Defense Authorization Act of 2018 (the Act), provided the Secretary of Transportation with the discretionary authority to designate eligible and qualified entities as CoEs. CoE designations will serve to assist the maritime industry in obtaining and maintaining the highest quality workforce. On July 19, 2019, the agency published a notice in the Federal Register seeking public comments on a draft policy under which designations would be carried out. Below, MARAD provides its responses to all comments received. The agency is now announcing its voluntary program to identify and recommend qualified training providers for CoE designation.

This action modifies high altitude area navigation (RNAV) routes Q-75, and Q-475 in the northeastern United States. This action supports the Northeast Corridor Atlantic Coast Route (NEC ACR) Project. The modified routes were developed to improve the efficiency of the National Airspace System (NAS), expand the availability of area navigation (RNAV) routing, and reduce dependency of the NAS on ground- based navigational systems.

This action modifies VHF Omnidirectional Range (VOR) Federal airway V-159 due to the planned decommissioning of the Hamilton, AL, VORTAC navigation aid which provides navigation guidance segments of the route. The Hamilton VORTAC is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum enroute authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

FMCSA announces its decision to renew exemptions for 11 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 Notice announces the availability of funding for grants and establishes selection criteria and application requirements for the Short Sea Transportation Program, commonly referred to as the America's Marine Highway Program (AMHP). The purpose of this program is to make grants available to previously designated Marine Highway Projects that support the development and expansion of documented vessels, or port and landside infrastructure. The U.S. Department of Transportation (Department) will award Marine Highway Grants to implement projects or components of projects previously designated by the Secretary of Transportation (Secretary) under AMHP. Only Marine Highway Projects the Secretary designated before the Notice of Funding Opportunity closing date are eligible for funding as described in this Notice.

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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 safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Surface Transportation Board (STB or Board) is adopting a final rule amending its regulations governing the class exemptions for the rail transportation of certain miscellaneous commodities and rail transportation by boxcar to state more clearly that the exemptions do not apply to the regulation of demurrage. The final rule also revokes, in part, the class exemption that currently covers the rail transportation of certain agricultural commodities so that the exemption will not apply to the regulation of demurrage, thereby making the agricultural commodities exemption consistent with similar class exemptions covering non-intermodal rail transportation.

FMCSA announces a public meeting, ``The FMCSA 2020 Trucking Safety Summit'' on March 19, 2020, to solicit information on improving safe operation of property-carrying commercial motor vehicles on our Nation's roadways. The formal conference will provide invited- stakeholdersincluding motor carriers, drivers, safety technology developers and users, Federal and State partners, and safety advocacy groupsas well as members of the public an opportunity to share their ideas on improving trucking safety. The event will be held at the U.S. Department of Transportation headquarters building in Washington, DC. A full agenda of the meeting is available on line at https:// www.fmcsa.dot.gov.

The FAA proposes to rule and invites public comment on Queen Anne's County's request for a land release and sale of 8.111 acres of federally obligated airport property at Bay Bridge Airport, Stevensville, MD, to accommodate a commercial development. This acreage was originally purchased with federal financial assistance through the Airport Improvement Program. The proposed use of land after the sale will be compatible with the airport and will not interfere with the airport or its operation.

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 receiving and maintaining correspondence required to be sent to the FAA from pilots who have been involved in a drug or alcohol related motor vehicle action. The information to be collected will be used to and/or is necessary because the FAA is concerned about those airmen abusing or dependent on drugs or alcohol in regard to the safety of the National Airspace System. Correction is being submitted to correct the docket number, Respondents, and Frequency information.

The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2019. The decision solicits comments on the following issues: The railroads' 2019 current cost of debt capital; the railroads' 2019 current cost of preferred equity capital (if any); the railroads' 2019 cost of common equity capital; and the 2019 capital structure mix of the railroad industry on a market value basis.

The National Defense Authorization Act for Fiscal Year 2020 (NDAA) and the Further Consolidated Appropriations Act, 2020 (``FY 2020 Appropriations Act'' or the Act), authorized and appropriated $225 million for the Port Infrastructure Development Program (PIDP) to make grants to improve facilities within, or outside of and directly related to operations of coastal seaports, inland river ports, and Great Lakes ports. This notice announces the availability of funding for grants under this program and establishes selection criteria and application requirements. The Act directed that at least $200 million of the appropriated funds shall be for grants to coastal seaports or Great Lakes ports. Funds for the PIDP are to be awarded as discretionary grants on a competitive basis for projects that will improve the safety, efficiency, or reliability of the movement of goods into, out of, around, or within a port. All PIDP grant recipients must meet all applicable Federal requirements, including the Buy American Act. The purpose of this notice is to solicit grant applications for the PIDP.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Department of Transportation's (Department) intention to renew and revise an Office of Management and Budget (OMB) control number as related to the Department's Bureau of Transportation Statistics (BTS) Form 251, Report of Passengers Denied Confirm Space. The Department has collected and published information regarding the industry's practice of overselling flights for over 40 years. In the past few years, there has been changes in the airline industry regarding how airlines handle oversale situations and denied boardings. For example, airlines have begun taking proactive steps to reduce the number of involuntary denied boardings including increasing the amount of compensation offered to passengers in exchange for voluntary changes to a passenger's itinerary. These changes have resulted in an overall reduction in the rate of denied boardings, but the practice still occurs and is an integral part of the airline industry. The Department is seeking to renew the current OMB control number and to revise and rename Form 251 to Form 250 to reduce the burden on airlines, better clarify the instructions for completing the form, and provide more relevant information to consumers.

This action amends Class E airspace at Rifle Garfield County Airport, Rifle, CO. The action increases the circular radius of the Class E airspace, designated as a surface area, to the west and northwest of the airport. Also, this action amends the Class E airspace by adding an airspace area, designated as an extension to a Class D or Class E surface area, to the east of the airport. Additionally, this action amends the Class E airspace extending upward from 700 feet above the surface by increasing the radius of the airspace around most of the airport and reducing the radius to the north and northeast of the airport. This action also removes the extensions from this airspace area. Lastly, this action makes several administrative corrections to the airspace legal descriptions for the airport.