Department of Transportation July 30, 2021 – Federal Register Recent Federal Regulation Documents

The Surface Transportation Board (Board) is accepting for consideration the revised application filed on July 1, 2021, by CSX Corporation (CSXC), CSX Transportation Inc. (CSXT), 747 Merger Sub 2, Inc. (747 Merger Sub 2), Pan Am Systems, Inc. (Systems), Pan Am Railways, Inc. (PAR), Boston and Maine Corporation (Boston & Maine), Maine Central Railroad Company (Maine Central), Northern Railroad (Northern), Portland Terminal Company (Portland Terminal), Springfield Terminal Railway Company (Springfield Terminal), Stony Brook Railroad Company (Stony Brook), and Vermont & Massachusetts Railroad Company (V&M) (collectively, Applicants). The application will be referred to as the Revised Application. The Revised Application seeks Board approval under 49 U.S.C. 11321-26 for: CSXC, CSXT, and 747 Merger Sub 2 to control the seven railroads controlled by Systems and PAR, and CSXT to merge six of the seven railroads into CSXT. This proposal is referred to as the Merger Transaction. In addition to the Revised Application, there are several filings for transactions related to the Merger Transaction, including: Four notices of exemption for Norfolk Southern Railway Company (NSR) to acquire trackage rights over existing lines owned by four separate railroads; a petition for exemption to allow Pittsburg & Shawmut Railroad, LLC d/ b/a Berkshire & Eastern Railroad (B&E), to replace Springfield Terminal as the operator of Pan Am Southern LLC (PAS); and a notice of exemption to allow SMS Rail Lines of New York, LLC (SMS) to discontinue service and terminate its lease of a rail line known as the Voorheesville Running Track. These transactions will be referred to as the Related Transactions. This decision embraces the following dockets: Norfolk Southern RailwayTrackage Rights ExemptionCSX Transportation, Inc., Docket No. FD 36472 (Sub-No. 1); Norfolk Southern RailwayTrackage Rights ExemptionProvidence & Worcester Railroad, Docket No. FD 36472 (Sub-No. 2); Norfolk Southern RailwayTrackage Rights Exemption Boston & Maine Corp., Docket No. FD 36472 (Sub-No. 3); Norfolk Southern RailwayTrackage Rights ExemptionPan Am Southern LLC, Docket No. FD 36472 (Sub-No. 4); Pittsburg & Shawmut RailroadOperation Exemption Pan Am Southern LLC, Docket No. FD 36472 (Sub-No. 5); SMS Rail Lines of New York, LLCDiscontinuance Exemptionin Albany County, N.Y., Docket No. AB 1312X. The Board finds that the Revised Application meets the requirements of 49 CFR 1180.4, 1180.6, and 1180.7 and is therefore complete. 49 CFR 1180.4(c)(7) (``A complete application contains all information for all applicant carriers required by these procedures, except as modified by advance waiver.'') Accordingly, the Revised Application is accepted. The Board adopts a procedural schedule for consideration of the Revised Application and Related Transactions, under which the Board's final decision would be issued by April 1, 2022, and would become effective by May 1, 2022.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in two European Union Aviation Safety Agency (EASA) ADs, which are incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also requires, for certain airplanes, an update of the hydraulic monitoring system to include additional redundancy. The FAA is issuing this AD to address the unsafe condition on these products.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the State Route 29 (SR 29) Ritchie Creek Bridge Replacement Project for Fish Passage Improvement at post mile 33.13 in Napa County, State of California. Those actions grant licenses, permits, and approvals for the project.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Brantly Helicopters Industries U.S.A. Co., Ltd., Model 305 helicopters and Brantly International, Inc., Model B-2, B-2A, and B-2B helicopters. This proposed AD was prompted by a report of a crack in the tail rotor (T/R) hub. This proposed AD would require repetitive inspections of the T/R hub and depending on the results, removing the T/R hub from service. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model A109E, A109S, and AW109SP helicopters. This proposed AD was prompted by reports of main landing gear (MLG) wheel assembly failure. This proposed AD would require repetitive inspections of each affected MLG strut assembly and, depending on the findings, replacement of an affected MLG strut assembly with a serviceable assembly, or application of corrosion preventive compound, as specified in a 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 proposes to amend VHF Omnidirectional Range (VOR) Federal airways V-6, V-10, V-30, V-100, and V-233 in the vicinity of Litchfield, MI. The air traffic service (ATS) route modifications are necessary due to the planned decommissioning of the VOR portion of the Litchfield, MI, VOR/Distance Measuring Equipment (VOR/DME) navigational aid (NAVAID). The Litchfield VOR/DME NAVAID provides navigational guidance for portions of the affected VOR Federal airways listed above and is planned to be decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

The Chairman of the Surface Transportation Board is publishing the Regulatory Flexibility Agenda for spring 2021.