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

The FAA announces the availability of and requests comments on proposed airworthiness criteria for the 3DRobotics Government Services Model 3DR-GS H520-G unmanned aircraft system (UAS). This document proposes airworthiness criteria the FAA finds to be appropriate and applicable for the UAS design.

Consistent with the Paperwork Reduction Act of 1995 and its implementing regulations, this document provides notice that FRA is submitting the following Information Collection Request to the Office of Management and Budget (OMB) to collect information on ridership data and certified schedule metrics as required by the recently issued final rule on Metrics and Minimum Standards for Intercity Passenger Rail Service. FRA requests emergency processing and OMB authorization to collect the information after publication of this Notice for a period of six (6) months.

The FAA is adopting a new airworthiness directive (AD) for certain Pilatus Aircraft Ltd. Model PC-24 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as overheating of the electrical wiring splices close to the right-hand pitot-static connector on frame 10. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) AD 2019- 08-13 for Textron Aviation, Inc., (type certificate previously held by Cessna Aircraft Company) Models 525, 525A, and 525B airplanes with Tamarack Aerospace Group (Tamarack) active load alleviation system (ATLAS) winglets installed in accordance with Supplemental Type Certificate (STC) SA03842NY. AD 2019-08-13 was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as malfunction of the ATLAS. This AD results from the identification of corrective actions that, if implemented, allow operators to reactivate the ATLAS and restore operations to normal procedures. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA announces the availability of and requests comments on proposed airworthiness criteria for the Flytrex, Inc. Model FTX-M600P unmanned aircraft system (UAS). This document proposes airworthiness criteria the FAA finds to be appropriate and applicable for the UAS design.

The U.S. Department of Transportation (DOT) proposes to update and codify its internal order establishing the responsibilities and procedures for complying with the National Environmental Policy Act (NEPA), currently found in DOT Order 5610.1C, ``Procedures for Considering Environmental Impacts,'' which was issued in 1979 and last updated in 1985. This proposal would update the DOT NEPA procedures in response to the Council on Environmental Quality's (CEQ's) final rule updating its NEPA procedures and also incorporate provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); Moving Ahead for Progress in the 21st Century Act (MAP-21); and the Fixing America's Surface Transportation (FAST) Act related to the Department's environmental review process. This proposed rule would modernize the Department's procedures and promote collaboration and efficiency in the implementation of NEPA. Finally, this proposal would also update the list of the Department's categorical exclusions consistent with the CEQ's regulations implementing NEPA.

The FAA is superseding Airworthiness Directive (AD) 2018-23- 51, which applied to all The Boeing Company Model 737-8 and 737-9 (737 MAX) airplanes. AD 2018-23-51 required revising certificate limitations and operating procedures of the Airplane Flight Manual (AFM) to provide the flightcrew with runaway horizontal stabilizer trim procedures to follow under certain conditions. This AD requires installing new flight control computer (FCC) software, revising the existing AFM to incorporate new and revised flightcrew procedures, installing new MAX display system (MDS) software, changing the horizontal stabilizer trim wire routing installations, completing an angle of attack (AOA) sensor system test, and performing an operational readiness flight. This AD also applies to a narrower set of airplanes than the superseded AD, and only allows operation (dispatch) of an airplane with certain inoperative systems if specific, more restrictive, provisions are incorporated into the operator's existing FAA-approved minimum equipment list (MEL). This AD was prompted by the potential for a single erroneously high AOA sensor input received by the flight control system to result in repeated airplane nose-down trim of the horizontal stabilizer. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA announces the availability of and requests comments on proposed airworthiness criteria for the Wingcopter GmbH Model 198 US unmanned aircraft system (UAS). This document proposes airworthiness criteria the FAA finds to be appropriate and applicable for the UAS design.

The FAA announces the availability of and requests comments on proposed airworthiness criteria for the Zipline International Inc. Model Zip UAS Sparrow unmanned aircraft system (UAS). This document proposes airworthiness criteria the FAA finds to be appropriate and applicable for the UAS design.

The FAA announces the availability of and requests comments on proposed airworthiness criteria for the Amazon Logistics, Inc. Model MK27 unmanned aircraft system (UAS). This document proposes airworthiness criteria the FAA finds to be appropriate and applicable for the UAS design.

The FAA proposes to supersede Airworthiness Directive (AD) 2019-21-10, which applies to all Airbus SAS Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2019-21-10 requires a one-time eddy current conductivity measurement of certain structural parts of the outer flaps to determine if the incorrect alloy was used, and replacement if necessary. Since the FAA issued AD 2019-21-10, the design approval holder (DAH) has issued an updated list of suspected parts, including those that may have been improperly heat treated, and the FAA has determined that more airplanes are affected by the unsafe condition. This proposed AD would continue to require a one-time eddy current conductivity measurement of certain structural parts of the outer flaps to determine if the incorrect alloy was used, and replacement if necessary, and would also require a new one-time eddy current conductivity measurement of certain other structural parts of the outer flaps to determine if the parts were properly heat treated, and replacement if necessary, and would include additional affected airplanes, 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 proposes to amend the Class E airspace at Bradford Regional Airport, Bradford, PA. The FAA is proposing this action as the result of an airspace review caused by the decommissioning of the Bradford VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at Billy Free Municipal Airport, Dumas, AR. The FAA is proposing this action as the result of airspace reviews caused by the decommissioning of the Monticello VHF omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. This AD requires inspecting the main rotor (M/R) hub assembly (hub) phonic wheel lock washer (lock washer) for correct installation and depending on the outcome, repairing or replacing the M/R hub. This AD was prompted by reported occurrences of M/R revolutions per minute (``NR'') sensor fluctuations. The actions of this AD are intended to address an unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Helicopters Model EC130B4 helicopters. This AD was prompted by reports of inflight detachment of the left-hand (LH) side cabin sliding doors and cases of impact damage on the main rotor blades, which were caused by degradation of the sliding door locking mechanism. This AD requires repetitive checks (measurements) of the load that operates the sliding door opening mechanism, repetitive inspections of the markings of the attachment screws for proper alignment, modifying the attachment system of the sliding door, and corrective actions 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 Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) published a document in the Federal Register of August 7, 2020, concerning Deepwater Port License Application: Bluewater Texas Terminal, LLC; Project Scope Changes; Request for Comments. This document had errors in the ``Summary of the Revised Project Description'' and ``Inshore Components'' captions. This notice also seeks public comment regarding the proposed project scope changes. Please note, MARAD and USCG have determined that this notice is sufficient for satisfying National Environmental Policy Act (NEPA) requirements for public scoping and seeking public comment on an agency action.

This action proposes to amend Class D airspace, and Class E airspace extending upward from 700 feet above the surface at Smyrna Airport, Smyrna, TN. An evaluation of airspace in the area determined this airport to require an adjustment of Class D and E airspace. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A350-1041 airplanes. This AD was prompted by a report that, during testing, wear was found on the drive strut anti-rotation knuckles and lever bearing assembly (LBA) bushes on a certain flap station. This AD requires repetitive inspections for wear or corrosion damage of the drive strut anti-rotation knuckles and LBA bushes, and applicable corrective actions, 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.

FMCSA announces its decision to renew exemptions for 63 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 supersede Airworthiness Directive (AD) 2020-13-02, which applies to certain Leonardo S.p.A. Model A119 and AW119 MKII helicopters. AD 2020-13-02 requires inspecting for movement and the tightening torque of the tail rotor (T/R) plug, the installation of the outboard and inboard faces of the T/R duplex bearing, and the condition of the T/R duplex bearing, T/R plug threads, and nut threads. Depending on the inspection results, AD 2020-13-02 requires corrective actions and reporting information. Since the FAA issued AD 2020-13-02, Leonardo S.p.a. issued updated service information. This proposed AD would retain the requirements of AD 2020- 13-02 except the reporting requirement, update the service information, and require repeating the inspection. The FAA is proposing this AD to address the unsafe condition on these products.

FMCSA announces its decision to renew exemptions for 14 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.

In accordance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of the Bureau of Transportation Statistics (BTS) to request the Office of Management and Budget (OMB) to reinstate previously approved OMB Number 2139-0010 for the following information collection: Confidential Close Call Transit Data for the Washington Metropolitan Area Transit Authority (WMATA or the Authority), which includes but is not limited to the collection of data from Rail, Bus, Information Technology, and Command Center personnel. This data collection effort supports a multi-year program focused on improving the Authority, in its entirety by collecting and analyzing data and information on close calls and other unsafe occurrences within WMATA. The program is co- sponsored by WMATA and labor leadership including: The President/ Business Agent of the Amalgamated Transit Union (ATU) Local 689, the International Brotherhood of Teamsters (IBT) Local 922 and Office & Professional Employees International Union (OPEIU) Local 2. The Close Call program is designed to identify safety issues and propose preventive actions based on voluntary reports of a close call submitted confidentially to BTS, an Agency within the U.S. Department of Transportation. This information collection is necessary for systematically analyzing data to identify root causes of potentially unsafe events.

FMCSA grants the petition submitted by the Washington Trucking Associations (WTA) requesting a determination that the State of Washington's Meal and Rest Break rules (MRB rules) are preempted as applied to property-carrying commercial motor vehicle drivers subject to FMCSA's hours of service (HOS) 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. FMCSA has determined that Washington's MRB rules are laws on commercial motor vehicle (CMV) safety, that they are more stringent than the Agency's HOS regulations, that they have no safety benefits that extend beyond those that the Federal Motor Carrier Safety Regulations (FMCSRs) already provide, that they are incompatible with the Federal HOS regulations, and that they cause an unreasonable burden on interstate commerce. The Washington MRB rules, therefore, are preempted.

This final rule establishes metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations.