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

FMCSA announces its decision to deny the FirstGroup plc. (FirstGroup) exemption request. FirstGroup sought an exemption on behalf of three of its subsidiaries, First Student, Inc., First Transit, Inc., and First Mile Square, which employ commercial driver's license (CDL) holders subject to drug and alcohol testing regulations. FirstGroup requested an exemption from the requirement that an employer must conduct a full query of FMCSA's Drug and Alcohol Clearinghouse (Clearinghouse) before employing a CDL holder to perform safety- sensitive functions. Under the requested exemption, in lieu of a full query, FirstGroup proposed conducting a limited pre-employment query of the Clearinghouse. If the limited query indicated that information about the driver exists in the Clearinghouse, FirstGroup proposed conducting a full query of the Clearinghouse, with the driver-applicant providing electronic consent in the Clearinghouse, as required. In addition, FirstGroup would conduct a second limited query within 30 to 35 days of the initial limited query and would conduct quarterly limited queries on all its CDL drivers during the first year of the exemption and semi-annual queries each year thereafter. FMCSA analyzed the exemption application and public comments, and determined that the application lacked evidence to show that the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. Therefore, FMCSA denies FirstGroup's request for an exemption.

This notice announces actions taken by FHWA and other Federal agencies that are final. This final agency action relates to a proposed highway project, the relocation of the Round Hill Pines Resort access road and U.S. Highway 50 intersection, construction of a new access road to the Round Hill Pines Resort, and improvements to a 0.35-mile segment of U.S. Highway 50 near Zephyr Cove, Nevada. The FHWA's Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for the proposed improvements.

The FAA is superseding Airworthiness Directive (AD) 2021-04- 15, which applied to all Airbus Helicopters Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters; and certain Model AS350B3 helicopters. AD 2021-04-15 required repetitive visual inspections of the right-hand side of the vertical fin spar for discrepancies (cracking), and corrective action if necessary. This AD retains the requirements of AD 2021-04-15, and requires repetitive cleaning and repetitive detailed inspections for cracking of the vertical fin spar and vertical fin upper attachments, and corrective action if necessary, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also expands the applicability to include additional Model AS350B3 helicopters. This AD was prompted by a report that, during an unscheduled post-flight inspection of the tail cone area, a crack was found in the spar of the upper part of the vertical fin and fractures were found in the two front attachment screws. 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 Leonardo S.p.a. Model AB139, AW139, AB412, and AB412 EP helicopters. This AD was prompted by failure of an Emergency Flotation System (EFS) float compartment to inflate during maintenance of the EFS. This AD requires inspecting certain EFSs and depending on the results, marking certain parts or removing certain parts from service, 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 FAA is adopting a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was prompted by a report of several occurrences of a cracked main gearbox (MGB) spherical bearing lock nut (lock nut). This AD requires removing from service a certain part-numbered MGB lock nut that is installed on certain part-numbered MGBs and replacing it with newly designed MGB lock nut. This AD also prohibits installing any MGB with the affected MGB lock nut and prohibits installing any affected MGB lock nut on any helicopter. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for Airbus Helicopters Model AS355E, AS355F, AS355F1, and AS355F2 helicopters. This AD was prompted by multiple fatigue cracks in power turbine (PT) 3rd stage wheels. This AD requires revising the existing Rotorcraft Flight Manual (RFM) for your helicopter and installing a placard. 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 Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This AD was prompted by an incident of a side facing utility seat detaching from wall attachment points. This AD requires modifying certain side facing utility seats and observer seats, and prohibits installing those seats unless the modification has been accomplished. 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 Pacific Aerospace Limited Model 750XL airplanes. This 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 identifies the unsafe condition as installation of the wing leading edge tank fuel pickup assembly in a pre-stressed condition, which could cause cracks in the wing spar web or the fuel pickup assembly pipe. This AD requires inspecting the angle of the support bracket on the wing leading edge tank fuel pickup assembly and taking any necessary corrective actions. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to establish restricted area R-2511 in the vicinity of Trona, CA in support of the Naval Air Warfare Center Weapons Division (NAWCWD) at China Lake, CA. The proposed restricted area is necessary to segregate the testing and evaluation of hazardous weapons systems, and other unproven aviation platforms in the early development cycle from non-participating aircraft.

This notice announces final environmental actions taken by the Federal Transit Administration (FTA). The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject projects and to activate the limitation on any claims that may challenge these final environmental actions.

The FAA, in cooperation with the National Park Service (NPS), has initiated development of a combined Air Tour Management Plan (ATMP) for the Golden Gate National Recreation Area, Muir Woods National Monument, San Francisco Maritime National Historical Park, and Point Reyes National Seashore (collectively referred to as the Parks) pursuant to the National Parks Air Tour Management Act of 2000 (the Act) and its implementing regulations. The Act requires that in developing an ATMP for a national park or tribal lands, the FAA and the NPS must hold at least one public meeting with interested parties. In addition, the Act requires that the ATMPs be published in the Federal Register for notice and comment and that copies be made available to the public. This notice announces the public availability of the proposed ATMP for comment and the public meeting for the Parks. The purpose of this meeting is to review the proposed ATMP and further ATMP development with the public. 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 ATMP to cause adverse effects to historic properties.

This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

FMCSA announces its decision to renew exemptions for four 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.

FMCSA announces its decision to renew exemptions for eight 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.

The FAA is adopting a new airworthiness directive (AD) for all Dassault Aviation Model FALCON 7X, FALCON 900EX, and FALCON 2000EX airplanes. This AD was prompted by a report of a manufacturing issue involving misalignment of a cabin seat pin and plate that can prevent the recline locking mechanism from properly engaging when the seat is in taxi, take-off, or landing position. This AD requires an inspection of certain cabin seats for discrepancies and corrective action, as specified in 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 FAA is adopting a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-102, -103, and -106 airplanes; Model DHC-8-201 and -202 airplanes; Model DHC-8- 301, -311, and -315 airplanes; and Model DHC-8-400, -401, and -402 airplanes. This AD was prompted by reports that mounting nuts attaching the rudder actuator bracket to the vertical stabilizer have been found cracked or missing due to hydrogen embrittlement. This AD requires a one-time inspection of the rudder actuator bracket mounting nuts, and corrective actions if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

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. FMCSA requests approval to renew an ICR titled, ``Electronic Logging Device (ELD) Vendor Registration.'' This ICR is necessary for ELD vendors to register their ELDs with the Agency.

The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-400, -400D, and -400F series airplanes. This proposed AD was prompted by reports of burned Boeing Material Specification (BMS) 8-39 urethane foam, and a report from the airplane manufacturer that airplanes were assembled with seals throughout various areas of the airplane (including flight deck and cargo compartments) made of BMS 8-39 urethane foam, a material with fire-retardant properties that deteriorate with age. This proposed AD would require replacing the system tube/wire seals made of BMS 8-39 urethane foam in certain areas of the airplane. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A318, A319, A320, A321, A330-200, A330-200 Freighter, A330-300, A330-800, A330-900, A340-200, A340-300, A340-500, A340-600, and A380-800 series airplanes. This AD was prompted by a report that repetitive disconnection and reconnection of certain batteries during airplane parking or storage could lead to a reduction in capacity of those batteries. This AD requires replacing certain nickel-cadmium (Ni- Cd) batteries with serviceable Ni-Cd batteries, or maintaining the electrical storage capacity of those Ni-Cd batteries during airplane storage or parking, 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 document provides the public with notice that on August 2, 2021, BNSF Railway (BNSF) submitted its Onboard Movement Authority with the Virtual Block System (OMA VBS) Afton Pilot Test Plan, Version 1.2a, dated August 3, 2021, to FRA via the Secure Information Repository. BNSF asks FRA to approve its Test Plan, which includes changes to operating rules and procedures and dispatch processes, to test its OMA VBS on track that has been equipped with positive train control (PTC).

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.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500- 1A11 airplanes. This AD was prompted by a report that following an in- service engine shutdown during taxi, water was found to be dripping into the forward avionics bay; the water caused a short circuit and tripped a circuit breaker. This AD requires replacing the forward galley slotted drain covers with solid blanking plates and modifying the associated drain tubing to block water. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to modify the Class D airspace at China Lake NAWS (Armitage Field) Airport, China Lake, CA. This action also proposes to modify the Class E airspace extending upward from 700 feet above the surface. Additionally, this action proposes to remove the China Lake (Navy) TACAN from the Class E5 text header and airspace description. Lastly, this action proposes numerous administrative updates to the Class D and Class E5 text headers and the Class D airspace description. This action would ensure the safety and management of instrument flight rules (IFR) operations at the airport.

The Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) announce the availability of the Draft General Conformity Determination to ensure that the air emissions associated with the Sea Port Oil Terminal (SPOT) Deepwater Port Project (Project or SPOT Project) conform with the Texas State Implementation Plan (SIP). A Notice of Application that summarized the SPOT Deepwater Port License Application was published in the Federal Register on March 4, 2019. A Notice of Intent to Prepare an Environmental Impact Statement (EIS) and Notice of Public Scoping Meetings was published in the Federal Register on March 7, 2019. A Notice of Availability of the Draft Environmental Impact Statement (EIS) and Notice of Public Meetings was published in the Federal Register on February 7, 2020. This notice incorporates the aforementioned Federal Register notices by reference. The SPOT Project proposes to provide United States (U.S.) crude oil loading services on very large crude carriers (VLCCs) and other crude oil carriers for export to the global market. Publication of this notice begins a 30-day comment period, requests public participation in the general conformity review process, and provides information on how to participate in this process.