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

This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act of 2002). In doing so, the Department of Transportation notifies all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Anti-discrimination and Whistleblower Protection Laws.

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, the San Jose Creek Bridge Replacement Project on U.S. Route 101 at postmile 21.6, within the City of Goleta, County of Santa Barbara, State of California. Those actions grant licenses, permits, and approvals for the project.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the City of Burlington, Vermont under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979. These findings are made in recognition of the description of federal and non-federal responsibilities in Senate Report No. 96-52 (1980). On October 14, 2020, the Airports Division Deputy Director approved the Burlington International Airport noise compatibility program. This supersedes the approval issued August 27, 2020. All of the proposed program elements were approved.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the requirements of the requalification periods for certain Department of Transportation (DOT) 4-series specification cylinders in non-corrosive gas service in response to a petition for rulemaking submitted by the National Propane Gas Association (NPGA).

The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed regional transportation improvement on U.S. Highway 231 from U.S. 98 to State Road 20 and also including improvement on East Avenue (Highway 389) from Baldwin Road to Sherman Avenue in Bay County, State of Florida. These actions grant licenses, permits, and approvals for the project.

This notice contains a summary of a petition seeking relief from specified requirements of the 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 adopting a new airworthiness directive (AD) for all General Electric Company (GE) CF6-80C2A5F, -80C2B1F, -80C2B2F, - 80C2B4F, -80C2B5F, -80C2B6F, -80C2B6FA, -80C2B7F, -80C2B8F, -80C2D1F, - 80C2K1F, -80C2L1F, -80E1A2, -80E1A3, -80E1A4, and -80E1A4/B model turbofan engines with a certain hydromechanical unit (HMU) installed. This AD was prompted by a report of fuel coking of the HMU fuel metering valve (FMV) electro-hydraulic servo valves (EHSV) resulting in tailpipe fire. This AD requires removal of the HMU and its replacement with a part eligible for installation. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for various restricted category helicopters, originally manufactured by Sikorsky Aircraft Corporation (Sikorsky), Model EH-60A, HH-60L, S-70, S-70A, S-70C, S-70C(M), S-70C(M1), and UH-60A. This AD requires initial and recurring inspections of the main rotor (M/R) blade spindle cuff for a crack. This AD was prompted by multiple reports of a cracked M/R blade spindle cuff. These actions are intended to prevent an unsafe condition on these products.

This action prohibits certain flight operations in the Tehran Flight Information Region (FIR) (OIIX) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier. The FAA finds this action to be necessary to address hazards to persons and aircraft engaged in such flight operations due to heightened military activities and increased political tensions in the Middle East, which present an inadvertent risk to U.S. civil aviation operations due to the potential for miscalculation or misidentification. This action incorporates the flight prohibition contained in Notice to Airmen (NOTAM) KICZ A0002/20 into the Code of Federal Regulations (CFR). This action also sets forth the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs.

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant the Samsara Networks, Inc. (Samsara) application for a limited 5-year exemption to allow its AI Dash Cam device to be mounted lower in the windshield on commercial motor vehicles (CMV) than is currently permitted. The Agency has determined that lower placement of the AI Dash Cam device would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption would likely achieve a level of safety equivalent to, or greater than, the level of safety provided by the regulation.

FMCSA announces its decision to renew exemptions for nine individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

The FHWA and the State of Arizona, acting by and through its Department of Transportation (State), propose a renewal of the State's participation in the State Assumption of Responsibility for Categorical Exclusions. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act. An amended MOU would renew the State's participation in the program. The MOU will be amended by incorporating the following changes: Including language to reference the State's responsibilities under 23 CFR 327; Clarifying that this assignment applies to highway projects; and Removing the stipulation regarding Section 4(f) and legal sufficiency training.

The FAA proposes to adopt a new airworthiness directive (AD) for all Piper Aircraft, Inc., (Piper) Models PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP (Malibu Meridian) airplanes. This proposed AD was prompted by a finding of several airplanes with wing assemblies that did not have the proper stall warning heater modification design. Without the proper stall warning heat control modification kit installed, during flights into icing conditions with the landing gear down, ice can form on the stall vane, which may result in failure of the stall warning system. This proposed AD would require identifying and correcting nonconforming stall warning heat control systems. The FAA is proposing this AD to address the unsafe condition on these products.

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.

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 July 30, 2020.

Daimler Trucks North America (DTNA) has determined that certain model year (MY) 2011-2019 DTNA 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 September 19, 2018. DTNA subsequently petitioned NHTSA on October 11, 2018, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces and explains the denial of DTNA's petition.

The FAA, Eastern Service Center, is issuing this notice to advise the public of the availability of the Final Environmental Assessment (Final EA)/Finding of No Significant Impact (FONSI) and the Record of Decision (ROD) for the South-Central Florida Metroplex Project.

The FAA proposes to adopt a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH Model MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-BK117 B-2, MBB-BK117 C-1, and MBB-BK117 C-2 helicopters. This proposed AD would require inspecting the tail gearbox (TGB) bellcrank attachment arm (arm) for a crack. This proposed AD was prompted by a report of a cracked TGB arm. The actions of this proposed AD are intended to address an unsafe condition on these products.

This action amends VHF Omnidirectional Range (VOR) Federal airway V-63 due to the planned decommissioning of the VOR portion of the Texoma, OK, VOR/Distance Measuring Equipment (VOR/DME) navigation aid (NAVAID). The Texoma VOR provides navigation guidance for a portion of V-63 and is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

Mercedes-Benz AG and Mercedes-Benz USA, LLC, (collectively, ``Mercedes-Benz'') have determined that certain model year (MY) 2020 Mercedes-Benz GLS 580 motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 118, Power-operated Window, Partition, and Roof Panel Systems. Mercedes-Benz filed a noncompliance report dated May 11, 2020, and subsequently petitioned NHTSA on June 3, 2020, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Mercedes-Benz's petition.

This notice invites eligible and qualified training entities to apply to the Maritime Administration (MARAD) for designation as a Center 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 March 6, 2020, the agency published a final notice in the Federal Register announcing its voluntary program to identify and recommend qualified training providers for CoE designation and the agency intent to obtain a current Office of Management and Budget (OMB) control number for the information collection requirements resulting from this action. OMB has since approved an information collection control number for collecting CoE applications. The purpose of this notice is to solicit applications from eligible and qualified training entities for CoE designation.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by a report that a welding quality issue has been identified in the gimbal joint of the air bleed duct located at each wing-to-pylon interface; the inner ring of a gimbal had deformed to an oval shape, which could lead to cracking caused by direct contact between metal parts. This proposed AD would require replacing affected bleed duct assemblies and bleed gimbals at the wing-to-pylon interface with a serviceable part, 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 establishes area navigation (RNAV) routes T-301 and T-305 in the northcentral United States. The new RNAV routes expand the availability of RNAV routing in support of transitioning the National Airspace System (NAS) from ground-based to satellite-based navigation. Additionally, a portion of the new RNAV routes provide enroute structure where VHF Omnidirectional Range (VOR) Federal airway segments were removed due to the Cape Girardeau, MO, VOR being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.