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

FMCSA announces its decision to renew exemptions for 26 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.

FMCSA announces that the State of Minnesota seeks reconsideration of its application for exemption from regulations governing commercial driver's license (CDL) skills testing procedures and practices that was denied on May 9, 2017. Minnesota believes it can deliver its CDL skills testing more efficiently in an alternative manner. It asserts that its method of delivering skills testing will maintain the testing standards enumerated by the regulations. FMCSA requests public comment on Minnesota's application for reconsideration.

The FHWA is proposing to remove its outdated and duplicative regulations requiring State highway agencies to submit to FHWA, on an annual basis, Equal Employment Opportunity (EEO) Program plans for FHWA approval. Currently, FHWA is responsible for oversight of State highway agencies' EEO programs, which include collection and analysis of internal employment data, development of an internal affirmative action hiring plan, and contractor compliance reporting. These regulations overlap with, and are duplicative of, other Federal requirements enforced by other Federal agencies. Elimination of these regulations would reduce administrative and monetary burdens on Federal-aid recipients.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Helicopters Deutschland GmbH Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. This proposed AD would require removing certain Titanium (Ti) bolts from service and prohibit installing these Ti-bolts in a critical area. This proposed AD was prompted by a report of a broken Ti-bolt. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to amend the Class E airspace extending upward from 700 feet above the surface at multiple Minnesota Towns and to revoke the Class E airspace extending upward from 700 feet above the surface at Silver Bay Municipal Airport, Silver Bay, MN. The FAA is proposing this action as the result of airspace reviews caused by the decommissioning of multiple non-federal non-directional beacons (NDBs) within Minnesota. The names and geographic coordinates of various airports would also be updated to coincide with the FAA's aeronautical database.

FMCSA announces its decision to renew exemptions for 44 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 requirement in one eye.

FMCSA announces receipt of applications from three individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

TK Holdings Inc. (``Takata'') has filed defect information reports (DIRs), in which it determined that a defect exists in certain passenger-side frontal air bag inflators that it manufactured, including passenger-side inflators that it supplied to General Motors, LLC (GM) for use in certain GMT900 vehicles. GM petitioned NHTSA for a decision that, because of differences in inflator design and vehicle integration, the equipment defect determined to exist by Takata is inconsequential as it relates to motor vehicle safety in GM's GMT900 vehicles, and that GM should therefore be relieved of its notification and remedy obligations under the National Traffic and Motor Vehicle Safety Act of 1966 and its applicable regulations. After reviewing GM's consolidated petition, supporting materials, and public comments, NHTSA has concluded that GM has not met its burden of establishing that the defect is inconsequential to motor vehicle safety, and denies the petition.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model EMB-135, EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and - 145EP airplanes. This proposed AD was prompted by reports that calculations provided by the automatic takeoff thrust control system (ATTCS) are incorrect under certain conditions. This proposed AD would require updating the software of the installed full authority digital engine control (FADEC) systems, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which will be incorporated by reference. The FAA is proposing this AD to address the unsafe condition on these products.

This action extends the prohibition against certain flight operations in the Damascus Flight Information Region (FIR) (OSTT) 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 necessary to address significant, continuing hazards to U.S. civil aviation associated with the ongoing and complex conflict in Syria. The FAA also republishes the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs, and makes minor administrative revisions.

The Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) announce the availability of the Draft Environmental Impact Statement (DEIS) for the Texas GulfLink LLC (GulfLink) deepwater port license application for the export of crude oil from the United States to nations abroad. Publication of this notice announces a 45-day comment period, requests public participation in the environmental impact review process, provides information on how to participate in the environmental impact review process, and announces the two virtual public meetings and an informational open house website for the DEIS.

The FAA is superseding Airworthiness Directive (AD) 2017-09-05 for Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters. AD 2017-09-05 required repetitively checking screws in the emergency flotation gear. This new AD retains the requirements of AD 2017-09-05 but also requires installing a modification (MOD), which is a terminating action for the repetitive checks. This AD was prompted by the development of the MOD by Airbus Helicopters that addresses the unsafe condition. The actions of this AD are intended to address an unsafe condition on these products.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under Supplementary Information. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

The purpose of this notice is to inform the public that DOT, through the Office of the Assistant Secretary for Research and Technology (OST-R) and the Maritime Administration (MARAD), will host a workshop on Global Positioning System (GPS) jamming and spoofing in the maritime environment on December 3, 2020. The workshop will focus on: How positioning, navigation, and timing (PNT) supports maritime applications; What happens when PNT is denied, disrupted, or manipulated in a maritime environment; and Options to reduce operational impact and increase PNT resiliency. This DOT Workshop will be held virtually and is open to the general public by registration only. For those who would like to attend the workshop, we request that you register no later than November 30, 2020. Please use the following link to register: https://volpe- events.webex.com/volpe-events/onstage/ g.php?MTID=e8d794472bbf3089c77da9ac1c31efdc2. You must include: Name Organization Telephone number Mailing and email addresses Country of citizenship Several days before the workshop, an email containing the agenda, dial-in number, and WebEx information will be provided. DOT is committed to providing equal access to this workshop for all participants. If you need alternative formats or services because of a disability, please contact Elliott Baskerville (contact information listed below) with your request by the close of business on November 27, 2020. Date and Time: December 3, 2020, from 1:00-5:00 p.m. (EST). Location: This workshop will be held virtually.

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 its review and approval and invites public comment. The purpose of this ICR titled, ``Motor Carrier Records Change Form,'' is to collect information required by the Office of Registration (MC-RS) to process name changes, address changes, and reinstatements of operating authority for motor carriers, freight forwarders, and brokers.

FMCSA requests public comments on the Transportation Intermediaries Association (TIA) petition for rulemaking concerning the rights of parties to a brokered transaction to review the records of the transaction and its request that the Agency issue regulatory guidance concerning dispatch services. TIA believes transparency in broker transactions is provided through other means in today's market place and that the regulatory guidance would ensure that interested parties can distinguish between a dispatch service and an authorized broker.

FMCSA clarifies the definition of the terms ``any agricultural commodity,'' ``livestock,'' and ``non-processed food,'' as the terms are used in the definition of ``agricultural commodity'' for the purposes of the Agency's ``Hours of Service (HOS) of Drivers'' regulations. Under current regulations, drivers transporting agricultural commodities, including livestock, from the source of the commodities to a location within 150 air miles of the source, during harvest and planting seasons as defined by each State, are exempt from the HOS requirements. Furthermore, the HOS requirement for a 30-minute rest break does not apply to drivers transporting livestock in interstate commerce while the livestock are on the commercial motor vehicle. This interim final rule (IFR) clarifies the meaning of these existing definitional terms to ensure that the HOS exemptions are utilized as Congress intended.

Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On August 26, 2020, FRA published a notice providing a 60-day period for public comment on the ICR.

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant the application of J. J. Keller & Associates, Inc. (J. J. Keller) for a limited five-year exemption to allow its Advanced Driver Assistance Systems (ADAS) camera 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 ADAS camera 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.

This action amends Class E airspace extending upward from 700 feet above the surface in Toccoa, GA, due to the decommissioning of the Foothills Very High Frequency Omnidirectional Range/Distance Measuring Equipment (VOR/DME) and cancellation of the associated approaches at Toccoa RG Letourneau Field Airport. This action also updates the geographic coordinates of the airport, as well as Habersham County Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

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.

This action modifies Class E airspace at Fallon NAS (Van Voorhis Field) Airport by revoking the Class E airspace designated as an extension to a Class D or Class E surface area. This action also modified the Class E airspace extending upward from 700 feet above the surface. Further, this action modifies the Class E airspace extending upward from 1,200 feet above the surface. Lastly, the action implements numerous administrative amendments to the airspaces' legal descriptions.