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

FMCSA announces its decision to exempt six individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

In a final rule published in the Federal Register on October 7, 2021, FMCSA amended its regulations to establish requirements for State Driver's Licensing Agencies to access and use information obtained through the Drug and Alcohol Clearinghouse, an FMCSA- administered database containing driver-specific controlled substance and alcohol records. The final rule included amendatory instructions that need to be corrected because of a subsequent, unrelated rulemaking action affecting the same section of the Federal Motor Carrier Safety Regulations. This notice makes that correction.

These special conditions are issued for the Bombardier Model BD-100-1A10 airplane. This airplane, as modified by Honeywell, will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is the installation of a system that provides wireless data download capability from the engine electronic control unit to Honeywell cloud-based storage. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

The FAA is proposing to designate certain reports, data, and information created as part of the development and implementation of safety management systems (SMS) as protected information when the information is voluntarily provided to the agency. Protected information generally is not subject to public disclosure. The designation is intended to encourage certificate holders to voluntarily share SMS-related data with the FAA and to protect the voluntarily provided information if the FAA has a need to share it with other Federal agencies with safety or security responsibilities.

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350D, EC130B4, and EC130T2 helicopters; Model AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP helicopters; and Model SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters. This proposed AD was prompted by a report of increased vibration during flight. This proposed AD would require the application of alignment markings on, and repetitive inspections of, the main rotor (MR) pitch rod upper links and, depending on findings, the accomplishment of applicable corrective actions, 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 certain Leonardo S.p.a. Model (type certificate previously held by Agusta S.p.A.) A109A and A109A II helicopters. This proposed AD was prompted by a report of internal corrosion on a main rotor (M/R) blade. This proposed AD would require repetitively inspecting affected M/R blades and accomplishing film analysis and repair in accordance with certain approved methods. The FAA is proposing this AD to address the unsafe condition on these products.

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 proposes to supersede Airworthiness Directive (AD) 2021-11-23, which applies to certain Airbus SAS Model A350-941 and - 1041 airplanes. AD 2021-11-23 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, and, for certain airplanes, and updating the hydraulic monitoring system to include additional redundancy. Since the FAA issued AD 2021-11-23, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require 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). This proposed AD would also revise the applicability to include different airplanes. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is revising a notice of proposed rulemaking (NPRM) that applied to certain Leonardo S.p.a. Model AW169 helicopters. This action revises the NPRM by requiring modification of certain pilot and co-pilot yaw pedal assemblies with an improved design and re- identification of the affected parts, as specified in a European Union Aviation Safety Agency (EASA) airworthiness directive (AD), which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the agency is requesting comments on this SNPRM.

The Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) announce the availability of the Supplemental Draft Environmental Impact Statement (SDEIS) for the SPOT Terminal Services LLC (SPOT) Deepwater port license application for the export of oil from the United States to nations abroad. A SDEIS was prepared to ensure meaningful engagement of identified Limited English Proficient (LEP) persons in the environmental impact review process. To provide the most current information developed through the environmental review process, the SDEIS responds to comments received on the Draft Environmental Impact Statement (DEIS). Additionally, MARAD and USCG announce a virtual public meeting for the SDEIS.

The FAA proposes to adopt a new airworthiness directive (AD) for certain General Electric Company (GE) GEnx-1B and GEnx-2B model turbofan engines. This proposed AD was prompted by the manufacturer's report of two findings of sheared compressor discharge pressure (CDP) bolts during engine shop visits. This proposed AD would require initial and repetitive inspections of the CDP bolted joint and, depending on the findings, a piece part inspection of the stages 6-10 compressor rotor spool, CDP seal, and high-pressure turbine (HPT) rotor stage 1 disk. As a terminating action, this proposed AD would require operators to reassemble the CDP bolted joint using a specific torque wrench. 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 Helicopters Model EC120B helicopters. This proposed AD was prompted by a report of corrosion found on the external tail boom skin, under the Very High Frequency (VHF) antenna. This proposed AD would require inspecting the tail boom at the VHF antenna attachments and depending on the results, repairing or modifying the tail boom skin, 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 modify the Class D and Class E surface airspace at Southwest Oregon Regional Airport, North Bend, OR. It also proposes to modify the Class E airspace by establishing an area that is designated as an extension to a Class D or Class E surface area, and to modify the Class E airspace extending upward from 700 feet above the surface. Lastly, this action proposes to remove navigational aids (NAVAID) from the legal description of the Class E2 and Class E5 text headers, and to update the Class D, Class E2, and Class E5 airspace legal descriptions and establish Class E4 airspace. This action would ensure the safety and management of instrument flight rules (IFR) operations at the airport.

The FAA proposes to supersede Airworthiness Directive (AD) 2021-11-15, which applies to certain International Aero Engines AG (IAE) V2500 model turbofan engines. AD 2021-11-15 requires performance of an ultrasonic inspection (USI) of the high-pressure turbine (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. Since the FAA issued AD 2021-11-15, the FAA determined the need to clarify the compliance time for inspection of any HPT 1st-stage disk or HPT 2nd-stage disk that is installed on a low-thrust model engine but had been previously operated on a high-thrust model engine. This proposed AD would require performance of a 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 proposing 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 the previously approved ICR now titled, ``Annual Report of Class I and Class II For-Hire Motor Carriers,'' OMB Control No. 2126- 0032. This ICR is necessary to comply with FMCSA's financial and operating statistics requirements at chapter III of title 49 CFR part 369 titled, ``Reports of Motor Carriers.''

This action proposes to establish United States Area Navigation (RNAV) route T-435 in the vicinity of Sand Point, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.

This action amends the Class D and Class E airspace at Waynesville-St. Robert Regional Airport Forney Field, Fort Leonard Wood, MO. This action is the result of an airspace review caused by the decommissioning of the Maples very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-12-06, which applies to all Gulfstream Aerospace Corporation (Gulfstream) Model G-IV airplanes. AD 2020-12-06 requires replacing the nose wheel steering servo valve manifold, incorporating revised operating procedures into the airplane flight manual (AFM), doing a records inspection for any incidents of un-commanded nose wheel steering turns, and reporting the results to the FAA. Since the FAA issued AD 2020-12-06, the FAA determined that a typographical error was made in a citing one of the AFM documents. This proposed AD would retain the actions of AD 2020-12-06 and would correct the citation to the AFM. The FAA is proposing this AD to address the unsafe condition on these products.

This action amends the Class D and Class E airspace at Ardmore, OK. This action is the result of an airspace review due to the decommissioning of the Arbuckle non-directional beacon (NDB). The geographic coordinates of the airport would also be updated to coincide with the FAA's aeronautical database.

FMCSA announces its decision to renew exemptions for 102 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.

The FAA is hosting a virtual Inclusive Language Summit to present and discuss recommendations the Agency has received that promote the institution of inclusive language throughout the FAA. The Summit will provide a platform for the public to comment and provide additional recommendations to the FAA as it develops an enterprise-wide initiative to adopt language that is both gender-neutral and inclusive. In the spirit of bringing all voices to the conversation, the FAA seeks participation from all members of the public; stakeholders in public agencies; academia; not-for profit institutions; individuals working in the area of diversity, equity, inclusion, and accessibility (DEIA); and the aerospace community. Input from a diverse audience will assist the FAA in developing policies, procedures and plans for implementation of terminology that is inclusive in nature in all aspects of FAA governance and oversight as well as in the international context under FAA's global leadership.

The Federal Aviation Administration is considering a proposal to change a portion of the airport from aeronautical to nonaeronautical use and to authorize the conversion of the airport property. The proposal consists of one parcel of land containing a total of approximately 16.6 acres.The land comprising this parcel is outside the forecasted need for aviation development and, thus, is no longer needed for indirect or direct aeronautical use. The income from the conversion of this parcel will benefit the aviation community by reinvestment into the airport. Approval does not constitute a commitment by the FAA to financially assist in the conversion of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the conversion of the airport property will be in accordance with FAA's policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with Section 47107(h) of Title 49, United States Code, this notice is required in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

The FHWA is extending the comment period for the Re- Designation of the PHFS notice. The original comment period is set to close on October 25, 2021. The extension is based on input received from DOT stakeholders that the October 25 closing date does not provide sufficient time for submission of comments to the docket. The FHWA agrees that the comment period should be extended. Therefore, the closing date for submission of comments is extended to December 15, 2021, which will provide others interested in commenting additional time to submit comments to the docket.

This action proposes to establish United States Area Navigation (RNAV) route T-384 in the vicinity of Eagle, AK in support of a large and comprehensive T-route modernization project for the state of Alaska.