Department of Transportation 2021 – Federal Register Recent Federal Regulation Documents

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.

FMCSA announces its decision to renew exemptions for 28 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 proposes to supersede Airworthiness Directive (AD) 2019-05-06, which applies to Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. AD 2019-05-06 requires replacing the retaining ring, inspecting the hoist cable hook assembly, and, if necessary, replacing the elastomeric energy absorber. Since the FAA issued AD 2019-05-06 the design approval holder (DAH) has designed an updated hook assembly, which, when installed, terminates the repetitive inspections required by AD 2019-05-06. This proposed AD would continue to require the actions specified in AD 2019-05-06, and would also require a modification or replacement of the hoist cable hook assembly that would terminate the repetitive inspections and retaining ring replacements, 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 Airbus Canada Limited Partnership Model BD-500-1A10 and BD- 500-1A11 airplanes. This proposed AD was prompted by a report indicating that during production, the manual opening and closing of the over-wing emergency exit door (OWEED) prior to the installation of the OWEED interior panel could have resulted in damaged insulation blankets below the left and right OWEEDs. This proposed AD would require a one-time inspection for damage of the insulation blankets below the left and right OWEEDs, and replacement if necessary, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is proposed for incorporation by reference. 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 De Havilland Aircraft of Canada Limited Model DHC-8-400, - 401, and -402 airplanes. This proposed AD was prompted by a report of cracking found on a main landing gear (MLG) drag strut assembly. This proposed AD would require a records review to determine if an affected MLG drag strut assembly is installed, repetitive detailed inspections for cracking of affected strut assemblies, a one-time magnetic particle inspection for cracking, and on-condition actions if necessary. The FAA is proposing this AD to address the unsafe condition on these products.

This action amends the Class D airspace and Class E airspace at Carbondale, IL, and Marion, IL; revokes the Class E airspace area designated as an extension to Class D airspace at Veterans Airport of Southern Illinois, Marion, IL; and establishes Class E airspace extending upward from 700 feet above the surface at Southern Illinois Airport, Carbondale/Murphysboro, IL. This action is the result of an airspace review caused by the decommissioning of the Marion very high frequency (VHF) omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operational Network (MON) Program. The names and geographic coordinates of the airports are also being updated to coincide with the FAA's aeronautical database.

This action amends the Class E airspace extending upward from 700 feet above the surface at South Texas Regional Airport at Hondo, Hondo, TX. This action is the result of an airspace review due to the decommissioning of the Hondo non-directional beacon (NDB). The name and geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

This action amends Class D airspace by removing unnecessary verbiage from the description, and Class E surface airspace in Savannah, GA, by updating the dividing line between Savannah/Hilton Head International Airport and Hunter Army Airfield, and separating the descriptions of the two airports under the surface E airspace. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

This document provides the public notice that on July 19, 2021, Norfolk Southern Railway Company (NS) petitioned the Federal Railroad Administration (FRA) to extend an existing temporary suspension of some visual track inspections to allow for a 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).

The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Models EMB-500 and EMB-505 airplanes. This proposed AD was prompted by a report that the operational envelope does not contain airspeed limitations and procedures for operating the airplane at static air temperatures below -54 [deg]C. This proposed AD would require revising the airplane flight manual (AFM) to incorporate new and revised airspeed limitations and procedures. The FAA is proposing this AD to address the unsafe condition on these products.

The U.S. Department of Transportation (Department or DOT) published a final rule to, among other things, raise the liability limits for denied boarding compensation that U.S. and foreign air carriers may impose from the current figures of $675 and $1,350 to $775 and $1,550. That final rule became effective on April 13, 2021. This document corrects an editorial error in the rule text of that final rule. This document also makes several technical corrections to the regulation regarding oversales reporting.

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.