Department of Transportation July 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.

The FAA, in cooperation with the National Park Service (NPS), has initiated development of Air Tour Management Plans (ATMPs) for Mount Rainier National Park, Death Valley National Park, Everglades National Park, and Olympic National Park (collectively referred to as the Parks) pursuant to the National Parks Air Tour Management Act of 2000 and its implementing regulations. This notice announces the public availability of the proposed ATMPs for comment and public meetings for each of the Parks. The purpose of these meetings is to review the proposed ATMPs and further ATMP development with the public. The proposed ATMPs provide acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the natural and cultural resources, visitor experiences, and tribal lands. In accordance with Section 106 of the National Historic Preservation Act, the FAA and the NPS are also seeking public comment on the potential of the proposed ATMPs to cause adverse effects to historic properties.

This action proposes to revoke the Class E airspace extending upward from 700 feet above the surface at Creech Air Force Base (AFB) Airport, Indian Springs, NV. This action also proposes several administrative updates to the Class D legal description. This action would ensure the safety and management of operations at the airport.

This action corrects a final rule published by the FAA in the Federal Register on July 15, 2021. This action amends Federal airways, A-15, V-444, J-502, and J-511 in Alaska. It also establishes an extension of two Canadian Area Navigation Q routes, Q-811, and Q-902. The modifications are necessary due to the decommissioning of the Burwash Non-Directional Beacon (NDB) in Yukon Territory, Canada, which provides navigation guidance for portions of the affected routes. The Burwash NDB was decommissioned effective March 26, 2020 due to ongoing maintenance problems and logistic issues.

This action amends Class E surface area and Class E airspace extending upward from 700 feet above the surface at Hancock County-Bar Harbor Airport, Bar Harbor, ME. This action would also update the geographic coordinates of the airport to coincide with the FAA's database. In addition, this action also establishes Class E airspace extending upward from 700 feet above the surface for Bar Harbor Heliport, Bar Harbor, ME. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is publishing and requesting comments on this IRFA for the previously published notice of proposed rulemaking (NPRM), Project Identifier AD-2020-01314-P, applicable to Hamilton Sundstrand Corporation 54H model propellers with a 54H60 model propeller hub installed. That NPRM proposed to supersede Airworthiness Directive (AD) 2020-12-07, which applies to certain Hamilton Sundstrand Corporation (Hamilton Sundstrand) 54H model propellers.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Pacific Aerospace Limited Model 750XL airplanes. This proposed AD 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 chafing damage in the port wing skin caused by the fuel system finger filters. This proposed AD would require inspecting the wing internal skin for chafing and taking any necessary corrective actions. The FAA is proposing this AD to address the unsafe condition on these products.

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) Models G-IV and GIV-X airplanes. The NPRM was prompted by reports of disbonding and surface cracking of the composite aft pressure bulkhead. The NPRM proposed to require inspecting the forward and aft surfaces of the pressure bulkhead composite panels for damage and repairing any damage found. Since issuance of the NPRM, the FAA has determined that there is not an unsafe condition. Accordingly, the NPRM is withdrawn.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AW169 helicopters. This proposed AD was prompted by a report of a broken adjustable device that is part of the pilot and co-pilot yaw pedal assemblies. This proposed AD would require modification of the pilot and co-pilot yaw pedal assemblies, 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.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-200, -200 Freighter, -300 and -900 series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. This proposed AD was prompted by a report that during the frame of flight test clearance process, a detailed analysis of air data reference (ADR) failure scenarios led to the identification that compliance requirements for loads and handling qualities throughout the flight envelope could be impaired in case of dispatch with one ADR inoperative (master minimum equipment list (MMEL) item 34-10-01) during the maximum interval allowed by the current MMEL. This proposed AD would require revising the operator's existing FAA-approved minimum equipment list (MEL) for the air data/inertial reference system, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.

This document provides the public with notice that nineteen host railroads recently submitted requests for amendments (RFA) to their FRA-approved Positive Train Control Safety Plans (PTCSP). As these RFAs may involve requests for FRA's approval of proposed material modifications to FRA-certified positive train control (PTC) systems, FRA is publishing this notice and inviting public comment on railroads' RFAs to their PTCSPs.

This document provides the public notice that on July 7, 2021, Canadian Pacific Railway (CP) petitioned the Federal Railroad Administration (FRA) to extend an existing temporary suspension of some visual track inspections to allow for continuation of a previously- approved Test Program designed to test track inspection technologies (i.e., an autonomous track geometry measurement system) and new operational approaches to track inspections (i.e., combinations of autonomous inspection and traditional visual inspections).

This action amends Class E surface airspace at York Airport, York, PA. An airspace evaluation of the area determined the additional airspace is necessary to accommodate operations at the airport. This action also updates the name of York Airport (formerly York County Airport). This action also establishes Class E airspace extending upward from 700 feet above the surface at York Airport and Class E airspace extending upward from 700 feet above the surface for Wellspan York Hospital Heliport, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving the heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

This action establishes area navigation (RNAV) routes T-322, T-392, T-403, and T-405 in the central United States. The new RNAV routes expand the availability of RNAV coverage 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 decommissioning of Sioux City, IA; Park Rapids, MN; and Huron, SD, VORs, in support of the FAA's VOR Minimum Operational Network (MON) program.

FRA is revising its regulations governing changes to positive train control (PTC) systems and reporting on PTC system performance. First, recognizing that the railroad industry intends to enhance FRA- certified PTC systems to continue improving rail safety and PTC technology's reliability and operability, FRA is modifying the process by which a host railroad must submit a request for amendment (RFA) to FRA before making certain changes to its PTC Safety Plan (PTCSP) and FRA-certified PTC system. Second, to enable more effective FRA oversight, this final rule: Expands an existing reporting requirement by increasing the frequency from annual to biannual; broadens the reporting requirement to encompass positive performance-related information, including about the technology's positive impact on rail safety, not just failure-related information; and requires host railroads to utilize a new, standardized report form.

The FAA is correcting a final rule published on December 11, 2020. In that final rule, which became effective on the date of publication, the FAA removed the regulations codifying the Special Rule for Model Aircraft as a result of a change in applicable law. The FAA inadvertently listed an incorrect amendment number for the final rule. This document corrects that error.