Department of Transportation June 2021 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AW189 helicopters. This proposed AD was prompted by fatigue testing and analyses. This proposed AD would require establishing a life limit for a certain part-numbered tail gearbox fitting. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model EC 155B, EC155B1, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters, as identified in a European Aviation Safety Agency (now European Union Aviation Safety Agency) (EASA) AD. This AD was prompted by a report of an in-flight loss of engine and main gearbox (MGB) cowlings. This AD requires inspecting the MGB fixed cowling front fitting (MGB front fitting), and depending on findings, corrective action. This AD also requires a new modification, which is a terminating action for the inspection, as specified in an EASA AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

FMCSA announces receipt of applications from 13 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.

FMCSA announces its decision to renew exemptions for 11 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.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew an information collection. The information collection is for entities who voluntarily follow the guidance in FAA Advisory Circular (AC) 120-119, Voluntary Safety Management System for Other Regulated Entities Transporting Dangerous Goods by Air, on how to use the SMS principles included in part 5, as a basis to develop and implement a voluntary SMS program and how to submit such a voluntary program to the FAA's Office of Hazardous Materials Safety (AXH) for acceptance. Information received from the first collection will be used to determine compliance with FAA SMS regulations. With the exception of a one-time submission of an implementation plan, the data will not be submitted to the FAA. The records for Safety Policy, Safety Risk Management, and Safety Assurance processes, training, and communications are kept under Safety Promotion and will be kept by the organization and used in its SMS.

The FAA is adopting a new airworthiness directive (AD) for certain International Aero Engines AG (IAE) V2500 model turbofan engines. This AD was prompted by an analysis performed by the manufacturer after an event involving an uncontained failure of a high- pressure turbine (HPT) 1st-stage disk that resulted in high-energy debris penetrating the engine cowling. This AD requires the performance of an ultrasonic inspection (USI) of the HPT 1st-stage disk and HPT 2nd-stage disk and, depending on the results of the inspections, replacement of the HPT 1st-stage disk or HPT 2nd-stage disk. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface at County Memorial Airport, New Madrid, MO. The FAA is proposing this action as a result of an airspace review caused by the decommissioning of the Malden Very High Frequency Omnidirectional Range collocated with Tactical Air Navigation (VORTAC) navigation aid as part of the VOR Minimum Operational Network (MON) Program. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The Department of Transportation (DOT) issued a decision and order under the Procedures for Transportation Workplace Drug and Alcohol Testing Programs excluding a service agent, Elizabeth ``Betsy'' Pope d/b/a Eastgate Laboratory Testing in Tennessee and all other places doing business, and all other individuals who are employees or all other individuals associated with Ms. Pope and Eastgate Laboratory Testing, from providing drug and alcohol testing services in any capacity to any DOT-regulated employer for a period of 5 years. Ms. Pope and her company provided Medical Review Officer services to DOT- regulated employers directly and through other service agents when Ms. Pope was not qualified to act as a Medical Review Officer. The 5-year period has ended and Ms. Pope, et al., have been removed from the list of excluded service agents.

The FAA is withdrawing a notice of proposed rulemaking (NPRM) that proposed to adopt a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation (Gulfstream) Model GVII-G600 airplanes. The NPRM was prompted by a report that a failure mode in the data concentration network (DCN) software causes the pitch attitude value to freeze on the primary flight display (PFD) for up to 20 seconds. The NPRM proposed to require updating the DCN and flight deck master operating system (MOS) software. Since issuance of the NPRM, the FAA has determined that there is not an unsafe condition because all affected airplanes have updated software. Accordingly, the NPRM is withdrawn.

The Surface Transportation Board (Board) grants a petition filed by the Association of American Railroads (AAR) to initiate a rulemaking proceeding to establish a new class exemption for emergency temporary trackage rights. The Board also proposes certain other related changes to the class exemptions for trackage rights and temporary trackage rights.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.

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 for a new information collection. The Federal Aviation Administration (FAA) Unmanned Aircraft Systems (UAS) Support Center Case Management System (CMS) is being created to help streamline how stakeholders' questions are answered in a timely manner. Specifically, the Contact Customer Support form allows the public and other stakeholders to ask the FAA questions, as well as get the appropriate answer or information they need to operate their UAS or drone safely. The UAS Support Center has a publicly available form to submit inquiries. This form would be replacing the current web form to be used within the Salesforce solutions that allows UAS Integration Office additional technology to more efficient and streamline the UAS Support center business process. This form would allow the UAS Integration Office to collect the appropriate information about the stakeholder's name, preferred method of communications email address, phone number, zip code, type of flyer that would allow the Support Center Analysts to more efficiently answer the customer's specific question.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH Model MBB-BK 117 A-1, MBB-BK 117 A- 3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1 helicopters. This AD was prompted by an analysis of the main rotor (M/ R) blade loop area. This AD requires repetitive inspections of certain M/R blade thimble areas and corrective actions if necessary, as specified in a European Aviation Safety Agency (now European Union Aviation Safety Agency) (EASA) AD, which is incorporated by reference (IBR). 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 Airbus Helicopters Deutschland GmbH (AHD) Model MBB-BK 117 D-2 helicopters. This proposed AD was prompted by the discovery that certain parts that are approved for installation on multiple helicopter models are life limited parts when installed on Model MBB-BK 117 D-2 helicopters and some helicopter delivery documents excluded the life limit information. This proposed AD would require determining the total hours time-in-service (TIS) of a certain part-numbered rotor mast nut and re-identifying a certain part-numbered rotor mast nut. This proposed AD would also require establishing a life limit for a certain part-numbered rotor mast nut and helical gear support, and removing each part from service before reaching its life limit. Additionally, this proposed AD would require replacing a certain part-numbered main gearbox (MGB) with a not affected MGB as specified in a European Aviation Safety Agency (now European Union Aviation Safety Agency) (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

This action modifies the Class D airspace at Meadows Field Airport, Bakersfield, CA. This action also modifies the Class E airspace designated as a surface area and the Class E airspace extending upward from 700 feet above the surface. Further, this action removes the Class E airspace extending upward from 1,200 feet above the surface. Additionally, this action updates the term ``Airport/Facility Directory'' to ``Chart Supplement'' in the last sentence of the Class D and Class E2 airspace descriptions. Finally, this action implements several administrative corrections to the Class D, Class E2, and Class E5 text headers.

This action modifies the Class E airspace extending upward from 700 feet above the surface at Delano Municipal Airport, Delano, CA. The airspace is designed to support instrument flight rules (IFR) operations at the airport.

This proceeding was initiated in February 1998, when the National Tank Truck Carriers, Inc. (NTTC) applied to the Pipeline and Hazardous Materials Safety Administration \1\ (PHMSA) for a determination that the HMTA preempted certain marking and record keeping requirements of the New York State Department of Environmental Conservation (NYSDEC). PHMSA found that the HMTA preempted the NYSDEC requirements because the requirements were not substantively the same as requirements in the HMR on the marking, maintaining, repairing, or testing of a package or container that is represented, marked, certified, or sold as qualified for transporting hazardous material. NYSDEC's petition for reconsideration of that decision is dismissed on the grounds of mootness. NYSDEC has made significant revisions to its regulations, and the revised rules do not appear to impose the same requirements on regulated entities as the previous version of the rules that were challenged in this proceeding. It therefore does not appear that reconsidering PHMSA's preemption determination regarding the now- superseded NYSDEC rules would have any practical effect.

The Federal Transit Administration (FTA), as lead Federal agency, and the Port Authority of New York and New Jersey (PANYNJ) as local project sponsor and joint lead agency, intends to prepare an Environmental Impact Statement (EIS) to evaluate potential benefits and impacts of the PANYNJ proposal (the Proposed Project) to construct a new Bus Terminal and associated infrastructure (the Replacement Facility) in Midtown Manhattan in the City of New York, New York. The Proposed Project to be evaluated in the EIS includes both the Replacement Facility, and four private, high-rise buildings (three commercial and one mixed-use retail/residential) to be built on PANYNJ property consistent with present as-of-right zoning. The Replacement Facility is necessary because the existing Port Authority Bus Terminal (PABT) has significant capacity and operational constraints, is aging and obsolete, and cannot meet forecasted increases in bus service demand. FTA, in coordination with PANYNJ, will prepare the EIS in accordance with the National Environmental Policy Act (NEPA), the Fixing America's Surface Transportation Act (FAST Act), and, as appropriate, the New York State Environmental Quality Review Act (SEQRA) and City of New York's City Environmental Quality Review (CEQR). This Notice of Intent (NOI) initiates public scoping for the EIS, and provides information on the Proposed Project, the Project's purpose and need, and the alternatives being considered for evaluation in the EIS. This NOI invites public comments on environmental impacts that may be associated with the Proposed Project and alternatives. Interested members of the public, tribes, and agencies are invited to submit comments on the proposed scope of the EIS, PANYNJ's purpose and need, the identification of alternatives to be considered, the environmental benefits and impacts to be evaluated, and any other project-related issues or analyses. In consideration of the Federal Government's COVID-19 Emergency Declaration dated March 13, 2020, FTA has determined that virtual public meetings and hearings are a permissible and useful tool to provide for public involvement in the NEPA process.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A330-200 Freighter series airplanes. This AD was prompted by a report indicating occurrences of broken brackets of the support structure of the halon fire extinguishing bottle 4005WX; investigation showed that fatigue cracks initiated in the attachment brackets at the cross beams due to dynamic loading, and in some cases propagated in the struts. This AD requires replacing the support brackets of the 4005WX fire extinguisher bottle with reinforced support brackets, and replacing the strut assembly at the affected location, 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.

This action proposes to modify the Class D airspace at Kodiak Airport, Kodiak, AK. This action also proposes to remove the Class E airspace, designated as an extension to a Class D or Class E surface area, east of the airport. Further, this action proposes to modify the Class E airspace extending upward from 700 feet above the surface by increasing the size of the area. Finally, this action proposes to update the geographic coordinates in the third line of the Class D text header and update the term ``Airport/Facility Directory'' to ``Chart Supplement'' in the last sentence of the Class D airspace description. This action would ensure the safety and management of instrument flight rules (IFR) operations at the airport.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-25, V-27, V-494, V-108, V-301, and United States Area Navigation route (RNAV) T-257 in the vicinity of Santa Rosa, CA. The amendments are due to the planned decommissioning of the Santa Rosa, CA VOR/Distance Measuring Equipment (DME) navigation aid (NAVAID) which provides navigation guidance for portions of the affected airways. The Santa Rosa VOR/DME is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on Waste Management, Inc.'s (Waste Management) application for an exemption to allow all of its 106 operating companies to replace the high-mounted brake lights on their owned and operated fleets of heavy-duty refuse and support trucks with red or amber brake-activated pulsating lamps positioned in the upper center position, or in an upper dual outboard position, in addition to the steady burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs).