Department of Transportation August 2022 – Federal Register Recent Federal Regulation Documents
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Airworthiness Directives; Bombardier, Inc., Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD was prompted by a report that the flightcrew and passenger oxygen system's refill and capillary lines may have been contaminated by sealant and cotton fibers. This proposed AD would require an inspection to determine the serial numbers of the oxygen cylinders installed and replacement of each affected oxygen cylinder and regulator assembly (OCRA). The FAA is proposing this AD to address the unsafe condition on these products.
Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
The FAA is revising a notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2020-04-20, which applies to certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series airplanes. This action revises the NPRM by including an additional retained requirement and revising the terminating action to apply to additional airplanes. 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 FAA is reopening the comment period to allow the public the chance to comment on these changes.
Airworthiness Directives; The Boeing Company Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-88 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that certain center wing lower stringers are subject to widespread fatigue damage (WFD). WFD analysis found that fatigue cracks could grow to a critical length after the structural modification point (SMP) for these center wing lower stringers. This proposed AD would require replacing certain left and right side center wing lower stringers. The FAA is proposing this AD to address the unsafe condition on these products.
Agency Information Collection Activities; Notice and Request for Comment; Strategies To Improve DRE Officers' Performance and Law Enforcement Agencies' DRE Programs
The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a new information collection to study ways to help improve Officers' performance and Law Enforcement programs for Drug Recognition Experts (DRE). Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval on Strategies to Improve DRE Officers' Performance and Law Enforcement Agencies' DRE Programs.
Notice of Release From Federal Surplus Property and Grant Assurance Obligations at Francis S. Gabreski Airport (FOK), Southampton, New York
The FAA proposes to rule and invites public comment on the application for a release of approximately 0.12 acres of federally obligated airport property at Francis S. Gabreski Airport, Southampton, New York, from both the Federal Surplus Property obligations contained in the July 12, 1972 Quitclaim Deed, and the Grant Assurance obligations. This acreage is composed of one parcel of land that was transferred from the United States of America to the County of Suffolk under the provisions of the Federal Property and Administrative Services Act of 1949 and the Surplus Property Act of 1944. The release will allow the airport to enter into a long-term non-aeronautical lease with the Suffolk County Water Authority (SCWA) for a water booster pump station. The proposed use of land after the release will be compatible with the airport and will not interfere with the airport or its operation.
Notice of Proposed Waiver of Buy America Requirements for Electric Vehicle Chargers
The Federal Highway Administration (FHWA) is seeking comments on a proposal under its Buy America waiver authorities to: modify its existing general applicability waiver for manufactured products to remove electric vehicle (EV) chargers; and waive certain Buy America requirements under FHWA regulations and the Build America, Buy America Act for the steel, iron, manufactured products, and construction materials in EV chargers in a manner that, over a deliberate transitional period, reduces the scope of that waiver. The proposed new waiver would initially waive all Buy America requirements for EV chargers and all components of EV chargers that are installed in a project and then phase-out the waiver with two changes during calendar year 2023 and one change in January 2024.
Agency Information Collection Activities: Request for Comments, Clearance of Renewed Approval of Information Collection: General Operating and Flight Rules FAR 91 and FAR 107
In accordance with the Paperwork Reduction Act of 1995, the FAA invites public comments about its intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on February 14, 2022. The collection involves the submission of materials to obtain a letter of deviation authority (LODA) to permit flight instruction for compensation or hire aboard aircraft holding experimental certificates. The information to be collected will be used to determine whether such flight instruction can be conducted safely.
Limitation on Claims Against a Proposed Public Transportation Project-Chicago Red Line Extension (RLE) Project
This notice announces final environmental actions taken by the Federal Transit Administration (FTA) regarding the Chicago Red Line Extension (RLE) Project in Cook County, Chicago, Illinois. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge these final environmental actions.
Notice of Final Federal Agency Actions on the I-495 & I-270 Managed Lanes Study, Montgomery and Prince George's Counties, Maryland and Fairfax County, Virginia
This notice announces actions taken by FHWA and other Federal agencies that are final. The actions relate to the I-495 and I-270 Managed Lanes Study, in Montgomery and Prince George's Counties, Maryland and Fairfax County, Virginia.
Special Conditions: The Boeing Company, Leonardo S.p.a. Model AW139 Helicopter; Use of New Hovering Out of Ground Effect Utility Power on the Model AW139 Helicopter
These special conditions are issued for the Leonardo S.p.a. (Leonardo) Model AW139 helicopter. This helicopter as modified by The Boeing Company (Boeing) will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for helicopters. This design feature incorporates a 2.5-minute all engines operating (AEO) power restricted for use at helicopter operating speeds below 60 knots indicated airspeed (KIAS), and hovering out of ground effect (HOGE). This power is referred to as 2.5-minute HOGE utility power (HUP), or 2.5-minute HUP. The 2.5-minute HUP is greater than the transmission power limitations associated with takeoff and AEO. 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.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; Field Study of Heavy Vehicle Crash Avoidance Systems
In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. The ICR is titled ``Heavy Vehicle Crash Avoidance Systems'' and is identified by OMB Control Number 2127-0741. It is currently approved through August 31, 2022. This project was delayed due to COVID-19 shutdowns and precautions. The extension is necessary to continue the current data collection to completion. This extension request updates the burden hours to reflect the numbers of respondents that are needed to complete the study, updates to time estimates for responses, and mean hourly rates. Additionally, this notice provides clarification on the burden hours and the costs to the public. A Federal Register Notice with a 60- day comment period soliciting comments on the following information collection was published on May 10, 2022. Two comments were received, both in support of the data collection.
Daimler Trucks North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance
Daimler Trucks North America, LLC, (DTNA), has determined that certain model year (MY) 2019-2022 Thomas Built school buses do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release. DTNA filed an original noncompliance report dated February 9, 2022, and amended the report on April 13, 2022. DTNA petitioned NHTSA on March 1, 2022, and later amended the petition on April 13, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of DTNA's petition.
Proposed Amendment of Class E Airspace; Oneonta, NY
This action proposes to amend Class E airspace extending upward from 700 feet above the surface at Albert S. Nader Regional Airport, Oneonta, NY, by updating the airport's name and removing the Rockdale VORTAC from the Class E airspace description, as well as amending the radius, and removing an extension. Also, this action would update the airport's geographic coordinates. This action would enhance the safety and management of controlled airspace within the national airspace system.
Insurance Cost Information Regulation
This notice announces publication by NHTSA of calendar year 2022 text and data for the Insurance Cost Information Booklet. This information is intended to assist prospective purchasers in comparing differences in passenger vehicle collision loss experience that could affect auto insurance costs.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Evaluation of the Model Minimum Uniform Crash Criteria Program
In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes a new information collection to survey a national sample of law enforcement and its expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 29, 2022. NHTSA received two comments. As explained in this document, neither of the comments necessitates revisions to the information collection or burden estimates.
Guidance Regarding Interpretation of Unfair and Deceptive Practices
The U.S. Department of Transportation (DOT or the Department) is issuing a guidance document to inform the public and regulated entities about DOT's interpretation of the terms unfair, deceptive, and practices as it relates to its statutory authority to prohibit unfair or deceptive practices. The Department is taking this action to better define the terms unfair and deceptive in response to an Executive order issued by President Biden on July 9, 2021, on promoting competition in the American economy.
Pipeline Safety: Periodic Standards Update II
PHMSA incorporates more than 80 voluntary, consensus, industry technical standards by reference within the Federal pipeline safety regulations (PSRs). This notice of proposed rulemaking (NPRM) proposes amendments that would incorporate by reference all or parts of updated editions of some of those standards. This NPRM also proposes non- substantive edits and clarifications to certain other provisions of the PSRs.
Establishment of United States Area Navigation (RNAV) Route T-382; Hooper Bay, AK
This action establishes United States Area Navigation (RNAV) route T-382 in the vicinity of Hooper Bay, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Establishment of United States Area Navigation (RNAV) Route T-385; Kodiak, AK
This action establishes United States Area Navigation (RNAV) route T-385 in the vicinity of Kodiak, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Proposed Amendment and Revocation of Air Traffic Service (ATS) Routes; Eastern United States
This action proposes to modify VHF Omnidirectional Range (VOR) Federal airways V-5, V-20, V-155, V-241, and V-321; and to remove jet routes J-37, J-55, J-79, J-121, J-174, J-191, and J-209. These changes support the VOR Minimum Operation Network (MON) project in the eastern United States.
Proposed Amendment and Revocation of VOR Federal Airways; Eastern United States
This action proposes to amend five VHF Omnidirectional Range (VOR) Federal airways, and remove five VOR Federal airways. This action supports the FAA's VOR Minimum Operational Network (MON) program.
Hazardous Materials: Request for Information on Electronic Hazard Communication Alternatives; Extension of Comment Period
On July 11, 2022, PHMSA announced a request for information seeking input on the potential use of electronic communication as an alternative to current, physical documentation requirements for hazard communication. In this notice, PHMSA is extending the comment period from September 9, 2022, until October 24, 2022.
Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; General Motors, LLC
This document grants in full the General Motors, LLC's (GM) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its Buick Envision line beginning in model year (MY) 2023. The petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the theft prevention standard.
Port Authority Trans-Hudson's Request To Amend Its Positive Train Control Safety Plan and Positive Train Control System
This document provides the public with notice that, on August 16, 2022, the Port Authority Trans-Hudson (PATH) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP). As this RFA may involve a request for FRA's approval of proposed material modifications to an FRA-certified positive train control (PTC) system, FRA is publishing this notice and inviting public comment on the railroad's RFA to its PTCSP.
Special Conditions: TC Inter-Informatics A.S., Airbus Model A330-243 Airplane; Single-Occupant, Oblique (Side-Facing) Seats With Inflatable Lap Belts
These amended special conditions are issued for the Airbus Model A330-243 series airplane, as modified by TC Inter-Informatics A.S. (TC Inter-Informatics). This airplane 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 single-occupant, oblique, B/E Aerospace Super Diamond seats, equipped with inflatable lap belts. 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.
Airworthiness Directives; Airbus SAS Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-1041 airplanes. This proposed AD was prompted by a report of rejected take-offs after transient engine N1 shaft speed exceedance. This proposed AD would require replacing certain hydro-mechanical units (HMUs) with serviceable HMUs before reaching a reduced life limit, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. This proposed AD would also limit the installation of affected parts under certain conditions. The FAA is proposing this AD to address the unsafe condition on these products.
Establishment of Class E Airspace; Dayton, OH
This action establishes Class E airspace at Dayton, OH. The FAA is taking this action due to new public instrument procedures being established at Moraine Air Park, Dayton, OH.
Establishment of United States Area Navigation (RNAV) Route T-381; Big Lake, AK
This action corrects a final rule published by the FAA in the Federal Register on July 14, 2022, that establishes United States Area Navigation (RNAV) route T-381 in the vicinity of Big Lake, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska. The final rule identified the GLOWS, AK, route point as a waypoint (WP), in error. This action makes an editorial correction to the reference of the GLOWS, AK, WP to change it to be reflected as a Fix and match the FAA's aeronautical database information.
Establishment of United States Area Navigation (RNAV) Route T-370; Kenai, AK
This action establishes United States Area Navigation (RNAV) route T-370 in the vicinity of Kenai, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Establishment of United States Area Navigation (RNAV) Route T-369; Bethel, AK
This action establishes United States Area Navigation (RNAV) route T-369 in the vicinity of Bethel, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Establishment of United States Area Navigation (RNAV) Route T-364; Kotzebue, AK
This action establishes United States Area Navigation (RNAV) route T-364 in the vicinity of Kotzebue, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Amendment of United States Area Navigation (RNAV) Route T-235; Atqasuk, AK
This action amends United States Area Navigation (RNAV) route T-235 in the vicinity of Atqasuk, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Amendment of United States Area Navigation (RNAV) Route T-232; Fairbanks, AK
This action amends United States Area Navigation (RNAV) route T-232 in the vicinity of Fairbanks, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska.
Airworthiness Directives; Gulfstream Aerospace Corporation Airplanes
The FAA is correcting an airworthiness directive (AD) that published in the Federal Register. That AD applies to all Gulfstream Aerospace Corporation (Gulfstream) Model GV and GV-SP airplanes. As published, a revision level and a table number in certain document citations in the Credit for Previous Actions section of the regulatory text are incorrect. This document corrects those errors. In all other respects, the original document remains the same.
Revocation of Class E Airspace; Coalgate, OK
This action removes the Class E airspace at Coalgate, OK. The FAA is taking this action due to the cancellation of the instrument procedures at the associated airport, and the airspace no longer being required.
Amendment of Class E Airspace; Coldwater and Sturgis, MI
This action amends the Class E airspace at Coldwater and Sturgis, MI. This action is due to an airspace review conducted as part of the decommissioning of the Litchfield very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The geographic coordinates of the airports are also being updated to coincide with the FAA's aeronautical database.
Amendment of Class D and Class E Airspace; Mansfield, OH
This action amends the Class D and Class E airspace at Mansfield, OH. The FAA is taking this action due to a biennial airspace review. The geographic coordinates of the Mansfield VORTAC are also being updated to coincide with the FAA's aeronautical database.
Notice of Intent To Release Certain Properties From All Terms, Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement Between the City of Gainesville and the Federal Aviation Administration for the Gainesville Regional Airport, Gainesville, FL
The FAA hereby provides notice of intent to release 6.71 acres at the Gainesville Regional Airport, Gainesville, FL from the conditions, reservations, and restrictions as contained in a Quitclaim Deed agreement between the FAA and the City of Gainesville , dated October 15, 1948. The release of property will allow the City of Gainesville to dispose of the property for other than aeronautical purposes. The property is located on the in the North one-half of Section 23 and 24, Township 9 South, Range 20 East, Gainesville, Alachua County, Florida. The parcel is currently designated as surplus property. The property will be released of its federal obligations for the purpose of selling the property at fair market value for light industrial future commercial development. The fair market value lease of this parcel has been determined to be $216,000. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Gainesville Regional Airport and the FAA Airports District Office.
Airworthiness Directives; Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland Inc.) Airplanes
The FAA is superseding Airworthiness Directive (AD) 2002-14- 28, which applied to all de Havilland Inc. (type certificate currently held by Viking Air Limited) Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. AD 2002-14-28 established a life limit for the front fuselage struts and required repetitively replacing the front fuselage struts every 15 years or repetitively inspecting the struts for corrosion or fatigue damage and replacing when the damage exceeded a certain level. Since the FAA issued AD 2002-14-28, Transport Canada superseded its mandatory continuing airworthiness information (MCAI) to correct this unsafe condition on these products. This AD requires either doing recurring visual inspections, borescope inspections, and non-destructive inspections (NDIs) of the struts and airframe lugs with corrective action as necessary or replacing the struts every 15 years and doing recurring NDIs of the airframe lugs with corrective action as necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Notice of Intent of Waiver With Respect to Land; French Lick Municipal Airport, French Lick, IN
The FAA is considering a proposal to change 18.23 Acres of airport land from aeronautical use to non-aeronautical use and to authorize the sale of airport property located at French Lick Municipal Airport, French Lick, IN. The aforementioned land is not needed for aeronautical use. The current county road adjacent to the subject property was constructed on previous airport property sold by the Airport to Orange County; however, due to unforeseen geological conditions, the road has failed multiple times. As a corrective action, Orange County, in partnership with the Indiana Department of Transportation seek to realign a portion of the road to a location to avoid the region with the geologic issues. In order to facilitate this realignment, the Airport was approached with a second request to transfer additional land to Orange County. This land is located on the opposite side of the new road that was recently constructed and is not contiguous with the airport land that supports aeronautical use. Therefore, the French Lick Municipal Airport Board of Aviation Commissioners (BOAC) would like to release 18.23 acres of land to the Orange County Commissioners, for the purpose of allowing Orange County to construct a realigned County Road 300 South.
Columbus Trading-Partners USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
Columbus Trading-Partners USA, Inc., (CTP), has determined that certain Cybex child restraint systems distributed by CTP do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. CTP filed an original noncompliance report dated June 30, 2022. CTP petitioned NHTSA on July 5, 2022, and amended the petition on August 4, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of CTP's petition.
Amendment of Class E Airspace; Multiple Texas Towns
This action amends the Class E airspace at Borger, TX; Pampa, TX; and Spearman, TX. These actions are due to airspace reviews conducted as part of the decommissioning of the Borger very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The names and geographic coordinates of some airports are also being updated to coincide with the FAA's aeronautical database.
Amendment of Class E Airspace; Erwin, NC
This action amends Class E airspace extending upward from 700 feet above the surface at Harnett Regional Jetport, Erwin, NC, by updating the airport's name and geographic coordinates. This action also eliminates the Harnett non-directional beacon from the airspace description, as an airspace evaluation found it unnecessary. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.
Amendment of Class D Airspace, and Revocation of Class E Airspace; Fort Pierce, FL
This action amends Class D airspace and removes Class E airspace area designated as an extension to Class D airspace in Fort Pierce, FL, as the Fort Pierce non-directional beacon (NDB) has been decommissioned and associated approaches into Treasure Coast International Airport canceled. This action also updates the airport's name and geographic coordinates. This action enhances the safety and management of controlled airspace within the national airspace system.
Amendment of Class E Airspace; Alma, GA
This action amends Class E surface airspace and Class E airspace extending upward from 700 feet above the surface at Bacon County Airport, Alma, GA, due to the decommissioning of the Alma Very High Frequency Omnidirectional Range Tactical Air Navigation (VORTAC) and cancellation of associated approaches, as well as updating the airport's geographic coordinates. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.
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