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

FMCSA announces its decision to renew exemptions for seven 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.

FMCSA announces its decision to renew exemptions for 32 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirements in one eye.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-200, A330-200 Freighter, A330-300, A340- 200, A340-300, A340-500, and A340-600 series airplanes. This proposed AD was prompted by a report that an airplane failed to extend its nose landing gear (NLG) using the free fall method, due to loss of the green hydraulic system. This proposed AD would require repetitive tests of affected free fall actuators (FFA), and replacement of any affected FFA with a serviceable FFA, 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 action amends Class D airspace by updating the geographic coordinates, and removes Class E airspace extending upward from 700 feet above the surface at Bogue Field Marine Corps Auxiliary Field, Bogue, NC, at the request of the US Marine Corps. Class E airspace is no longer required, as there are no instrument approaches into Bogue Field MCALF. This action also replaces the outdated term Airport/ Facility Directory with the term Chart Supplement in the legal description of associated Class D airspace. This action enhances the safety and management of controlled airspace within the national airspace system.

The Federal Aviation Administration (FAA) is making technical amendments to the Pilot Professional Development (PPD) final rule, which was published on February 25, 2020. That document inadvertently failed to update two cross-references. This document corrects the final regulations.

This final rule amends the regulatory relief originally provided in the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID-19) final rule. Other than relief for medical certificate duration, the relief in this final rule applies to a new population of airmen and does not extend the relief provided in the original Special Federal Aviation Regulation (SFAR). The amended relief applies to new persons who may have challenges complying with certain training, recent experience, testing, and checking requirements. This relief allows operators to continue to use pilots and other crewmembers in support of essential operations during this extended period. This SFAR also provides regulatory relief to additional persons unable to meet duration and renewal requirements due to the public health emergency.

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.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-13, V-55, and V-505, and Area Navigation (RNAV) route T-354 in the Northcentral United States. The modifications are necessary due to the planned decommissioning of the VOR portion of the Siren, WI, VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID) which provides navigation guidance for portions of the affected air traffic service (ATS) routes. The Siren VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program. The VOR Federal airway V-15, V-26, V-78, V-100, V-159, V-175, V- 219, and V-307, and Area Navigation (RNAV) route T-285 modifications proposed in the notice of proposed rulemaking (NPRM) require additional coordination and flight inspection activities. As such, those ATS route modifications are removed from this rule. Additionally, the V-55 and T- 354 modifications effected by the Park Rapids, MN, VOR/DME proposed in the NPRM also require additional coordination and flight inspection activities, and are removed from this rule, too.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-4 and V-119, and removes VOR Federal airways V-331 and V-478 in the vicinity of Newcombe, KY. The Air Traffic Service (ATS) route modifications are necessary due to the planned decommissioning of the VOR portion of the Newcombe, KY, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID) which provides navigation guidance for portions of the affected ATS routes. The Newcombe VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program. The VOR Federal airway V-53, V-115, V-140, and V-339, and Area Navigation (RNAV) route T-215 and T-323 modifications proposed in the notice of proposed rulemaking (NPRM) require additional coordination and flight inspection activities. As such, those ATS route modifications are removed from this rule.

The FAA proposes to adopt a new airworthiness directive (AD) for all Aerostar Aircraft Corporation Model PA-60-601P (Aerostar 601P), PA-60-602P (Aerostar 602P), and PA-60-700P (Aerostar 700P) airplanes. This proposed AD was prompted by reports of corrosion on the elevator and aileron balance tubes. This proposed AD would require repetitively inspecting the elevator and aileron balance tubes for corrosion and rust and replacing the tube. The FAA is issuing this proposed AD to address the unsafe condition on these products.

This action proposes to amend VHF Omnidirectional Range (VOR) Federal airways V-221 and V-305 in the vicinity of Bloomington, IN. The amendments are due to the planned decommissioning of the VOR portion of the Hoosier, IN, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID) which provides navigation guidance for portions of the affected airways. The Hoosier VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Torrington Municipal Airport, Torrington, WY, to accommodate new area navigation (RNAV) procedures at the airport. This action would ensure the safety and management of instrument flight rules (IFR) operations within the National Airspace System.

This action amends Jet Route J-6, VHF Omnidirectional Range (VOR) Federal airways V-5, V-49, and V-243, and area navigation (RNAV) routes Q-68 and T-325 in the vicinity of Bowling Green, KY. These amendments are necessary due to the planned decommissioning of the VOR portion of the Bowling Green, KY, VOR/Tactical Air Navigation (VORTAC) navigation aid (NAVAID). The Bowling Green VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

The FAA is adopting a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd. & Co KG (RRD) Trent 1000-D2, Trent 1000- J2, and Trent 1000-K2 model turbofan engines with fuel pump, part number G5030FPU01, installed. This AD requires removal and replacement of the fuel pump with a part eligible for installation. This AD was prompted by the manufacturer's investigation into an unexpected reduction in fuel pump performance in certain high life fuel pumps. The FAA is issuing this AD to address the unsafe condition on these products.

PHMSA is publishing this notice to solicit public comments on a request from Fairbanks Natural Gas, L.L.C. (FNG) 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.

FMCSA announces a meeting of the MCSAC, which will take place via videoconference.

The FAA is superseding Airworthiness Directive (AD) 2018-07-15 for certain XtremeAir GmbH Model XA42 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as cracking of the diagonal struts of the engine mount frame with potential detachment of the engine from the airplane. The FAA is issuing this AD to require actions to address the unsafe condition on these products.

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 requirements in FAA regulations that set safety and oversight rules for a broad variety of sightseeing and commercial air tour flights to improve the overall safety of commercial air tours by requiring all air tours to submit information.

The FAA is issuing this notice to advise the public of the renewal of the NAC for 2 years. The Secretary of Transportation established the NAC under agency authority in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, Public Law 92-463, 5 U.S.C. App. 2. The Secretary determined the NAC is necessary and is in the public interest. The nature and purpose of the NAC is to seek resolution of issues and challenges involving concepts, requirements, operational capabilities, the associated use of technology, and related considerations to aeronautical operations that affect the future of the Air Traffic Management System and the integration of new technologies.

This notice announces that FHWA has received and reviewed a renewal package from the Ohio Department of Transportation (ODOT) requesting participation in the Surface Transportation Project Delivery Program (Program). This Program allows for FHWA to assign, and States to assume, responsibilities under the National Environmental Policy Act (NEPA), and all or part of FHWA's responsibilities for environmental review, consultation, or other actions required under any Federal environmental law with respect to one or more Federal highway projects within the State. The FHWA has determined the renewal package to be complete, and developed a draft renewal MOU with ODOT outlining how the State will implement the Program with FHWA oversight. The public is invited to comment on ODOT's request, including its renewal package and the proposed renewed MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities.

The FAA announces its decision to adopt the Wyoming Army National Guard (WYARNG) Environmental Assessment (EA), entitled Training and Maneuver Activities at Camp Guernsey, Guernsey, Wyoming, for the establishment of three Controlled Firing Areas (CFA) at Camp Guernsey. Under the Proposed Action, the CFAs would be established for up to two years. This notice announces that, based on its independent review and evaluation of the EA and supporting documents, the FAA is adopting portions of the EA associated with the CFAs and issuing a FONSI/ROD for the establishment of the Camp Guernsey CFAs.

This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for procurement of a mobile harbor crane constructed with foreign iron and steel components for the International Marine Terminal (IMT) at the Port of Portland in the State of Maine.

FMCSA amends two of the Agency's financial assistance programs. As required by the Fixing America's Surface Transportation (FAST) Act, FMCSA adopts a new funding formula based on recommendations from the Motor Carrier Safety Assistance Program (MCSAP) Formula Working Group (working group), effective for fiscal year (FY) 2021 grant funds and beyond. This rule reorganizes the Agency's regulations to create a standalone subpart for the High Priority Program. It also includes other programmatic changes to reduce redundancies, require the use of 3-year MCSAP commercial vehicle safety plans (CVSPs), and align the financial assistance programs with FMCSA's current enforcement and compliance programs.

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 adopt a new airworthiness directive (AD) for Airbus Helicopters Model AS-365N2, AS 365 N3, EC 155B, EC155B1, and SA-365N1 helicopters. This proposed AD would require inspecting the tail rotor gearbox (TGB) housing recess, and depending on the inspection results, performing more in-depth inspections and removing certain parts from service. The proposed AD would also prohibit installing a TGB unless it has passed certain inspections and has a new TGB control rod bearing installed. This proposed AD was prompted by the discovery of a foreign object obstructing the oil duct of a TGB control bearing. The actions of this proposed AD are intended to address an unsafe condition on these products.