Department of Transportation September 2022 – Federal Register Recent Federal Regulation Documents

The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to issue coastwise endorsement eligibility determinations for foreign-built vessels which will carry no more than twelve passengers for hire. A request for such a determination has been received by MARAD. By this notice, MARAD seeks comments from interested parties as to any effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. Information about the requestor's vessel, including a brief description of the proposed service, is listed below.

The FAA proposes to revise a notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2018-18-05, which applies to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes; and AD 2020-09-16, which applies to all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, - 300, and -320 airplanes. This action revises the NPRM by including additional new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products. Since this action 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.

This action announces termination of the Mode-S Traffic Information Service (TIS) at 104 terminal Mode-S radar sites. The FAA is replacing these legacy terminal Mode-S radars via the Mode-S Beacon Replacement System (MSBRS) program, or may remove legacy terminal Mode- S radars as part of other ongoing activities. As each legacy terminal Mode-S Radar is replaced or removed, the FAA will no longer provide Mode-S TIS to capable transponders from that location. This change does not affect existing Traffic Information ServiceBroadcast (TIS-B), Automatic Dependent SurveillanceRebroadcast (ADS-R), or Automatic Dependent SurveillanceSame Link Rebroadcast (ADS-SLR) services currently provided to properly ADS-B equipped aircraft.

The Maritime Administration (MARAD) invites public comments on our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The information to be collected are Affidavits of U.S. Citizenship filed with MARAD to determine if the applicants are eligible to participate in various benefit programs offered by the agency. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

NHTSA is soliciting applications for appointment/reappointment to the DOT's NEMSAC. The purpose of NEMSAC is to serve as a nationally recognized council of Emergency Medical Services (EMS) representatives and consumers to provide advice and recommendations regarding EMS to DOT. Through NHTSA, NEMSAC's advice is provided to the Federal Interagency Committee on EMS (FICEMS).

This action modifies restricted areas R-6501A and R-6501B, Underhill, VT, by amending the upper altitude limit of R-6501A and the lower altitude limit of R-6501B. Certain military activities near Underhill, VT, require restricted airspace that exceeds the current 4,000-foot mean sea level (MSL) upper altitude limit of R-6501A. As a result, R-6501B must be activated, along with R-6501A, to ensure containment of the hazardous activity. Raising the upper altitude limit of R-6501A from 4,000 feet MSL to but not including 4,900 feet MSL and the lower altitude limit of R-6501B from 4,000 feet MSL to 4,900 feet MSL, will result in more efficient use of airspace by reducing the need to activate R-6501B. This modification is fully contained within the existing lateral and vertical limits of R-6501A and B. The activities conducted in these restricted airspace areas are unchanged.

The FAA is superseding Airworthiness Directive (AD) 2016-26- 08, which applied to all Pilatus Aircraft Ltd. Model PC-12, PC-12/45, PC-12/47, and PC-12/47E airplanes. AD 2016-26-08 required incorporating revisions into the airworthiness limitations section (ALS) of the maintenance program and inspecting the main landing gear (MLG) attachment bolts for cracks and corrosion. Since the FAA issued AD 2016-26-08, the European Union Aviation Safety Agency (EASA) superseded its mandatory continuing airworthiness information (MCAI) to add a new life limit for certain MLG actuator bottom attachment bolts and then superseded it again to add new life limits for the rudder bellcrank. This AD requires incorporating new revisions to the ALS of the existing airplane maintenance manual (AMM) or Instructions for Continued Airworthiness (ICA) to establish a 5-year life limit for certain MLG actuator bottom attachment bolts and new life limits for the rudder bellcrank. The FAA is issuing this AD to address the unsafe condition on these products.

This document provides the public with notice that, on July 27, 2022, and supplemented on August 4, 2022, the Southeastern Pennsylvania Transportation Authority (SEPTA) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Implementation Plan (PTCIP). The RFA includes a petition seeking approval to discontinue or modify a signal system. On August 17, 2022, FRA approved, in part, SEPTA's RFA to its PTCIP; however, FRA did not provide a decision on SEPTA's request to discontinue or modify a portion of its signal system at that time, as FRA must seek public comment on that aspect before issuing a decision.

FRA is extending the application submittal period for its NOFO for the Railroad Crossing Elimination Grant Program (RCE Program) published on July 6, 2022 from October 4, 2022 to October 11, 2022.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was prompted by reports that significant water accumulation was discovered in the oxygen service compartment access panels of multiple airplanes. This AD requires modifying the oxygen service compartment door to introduce a means of water drainage. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. This AD was prompted by reports of in-service findings of corrosion on the flange of the main landing gear (MLG) lower spindle pin. This AD requires repetitive inspections of the left and right MLG lower spindle pins to detect corrosion, and applicable repair or replacement if necessary, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

This rule makes technical corrections to the regulations that govern the National Bridge Inspection Standards Program. The amendments contained herein make no substantive changes to FHWA regulations, policies, or procedures.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This proposed AD was prompted by reports of ram air turbine (RAT) pump barrel assembly failures, which caused the RAT to fail to provide hydraulic power. The failures were determined to be caused by variations in the bronze metal used during manufacturing, which can result in varying fatigue properties. This proposed AD would require an inspection or records review to determine the part number of the RAT pump and control module (PCM) and of the RAT assembly, and replacement of any RAT PCM or any RAT assembly having certain part numbers. This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.

This final rule provides additional crediting options for certain pilot in command (PIC) time to count towards the 1,000 hours of air carrier experience required to serve as a PIC in air carrier operations. In addition, this final rule allows credit for select military time in a powered-lift flown in horizontal flight towards the 250 hours of airplane time as PIC, or second in command (SIC) performing the duties of PIC, required for an airline transport pilot (ATP) certificate. This action is necessary to expand opportunities for pilots that meet the amended criteria to use relevant flight experience toward the requirements for an ATP certificate and to meet PIC qualification requirements for air carrier operations.

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. This ICR is related to the collection of information to determine the effectiveness of (a) third party testing programs as they relate to commercial driver's license (CDL) skills and knowledge tests and (b) minimum testing standards for CDL skills and knowledge tests.

The Federal Aviation Administration (FAA) announces that it is reviewing a proposed noise compatibility program that was submitted for John F. Kennedy International Airport by The Port Authority of New York and New Jersey. This program was submitted subsequent to a determination by FAA that associated noise exposure maps submitted for John F. Kennedy International Airport were in compliance with applicable requirements, effective May 19, 2017. The proposed noise compatibility program will be approved or disapproved on or before March 15, 2023. This notice also announces the availability of this noise compatibility program for public review and comment.

These special conditions are issued for the Bombardier Model CL-600-2B16 (604 variant) airplane. This airplane, as modified by L2 Consulting Services, Inc., 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 associated with the installation of a digital system that contains a wireless and hardwired network with hosted application functionality that allows access, from sources internal to the airplane, to the airplane's internal electronic components. 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.

This action corrects a final rule published by the FAA in the Federal Register on September 8, 2022, that amended jet routes J-14, J- 24, J-52, and J-68; and removed jet routes J-165, J-207, J-506, J-561, J-563, J-573, J-582, and J-585. The final rule inadvertently re- inserted a segment in J-52 that had been removed by a previous rulemaking action. This action makes an editorial correction to the description of J-52 to remove the incorrect route segment.

The FAA proposes to supersede Airworthiness Directive (AD) 2016-16-06, which applies to certain Airbus SAS Model A300 B4-603, B4- 605R, and B4-622R airplanes; and Model A310-304, -324, and -325 airplanes. AD 2016-16-06 requires inspections around the rivet heads of the seal retainer run-out holes at certain frames and corrective actions if necessary. Since the FAA issued AD 2016-16-06, a determination was made that additional frames may also be susceptible to cracking, and that additional airplanes may be affected by the unsafe condition. This proposed AD would continue to require the actions in AD 2016-16-06 and add airplanes, 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 extends, for an additional two years, the prohibition against certain flight operations in the Baghdad FIR (ORBB) at altitudes below Flight Level 320 (FL320) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier. The FAA finds this action necessary to address continuing hazards to persons and aircraft engaged in such flight operations due to the complex security environment that currently exists in the Baghdad FIR (ORBB) and the associated safety- of-flight hazards, as described in the preamble to this final rule. The FAA also republishes, with minor administrative revisions, the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs.

In accordance with the National Environmental Policy Act (NEPA), NHTSA intends to prepare an environmental impact statement (EIS) to analyze the potential environmental impacts of new fuel efficiency (FE) standards for model years (MYs) 2030 and beyond medium- and heavy-duty on-highway vehicles and some work trucks (``HD vehicles'' that NHTSA will be proposing pursuant to the Energy Independence and Security Act of 2007 (EISA). This notice initiates the process for determining the scope of considerations to be addressed in the EIS and for identifying any significant environmental issues related to the proposed action. NHTSA invites comments from Federal, State, and local agencies, Indian tribes, stakeholders, and the public in this scoping process to help identify and focus any matters of environmental significance and reasonable alternatives to be examined in the EIS.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-12-11, which applies to all Airbus SAS Model A319-111, -112, -113, -114, -115, -151N, and -153N airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. AD 2020-12-11 requires revising the airplane flight manual (AFM) and applicable corresponding operational procedures to limit the use of speed brakes in certain airplane configurations, as specified in a European Union Aviation Safety Agency (EASA) AD. This AD was prompted by a determination that, for certain airplanes, updated flight guidance (FG) 3G standard software for the flight management and guidance computer (FMGC) has been developed to address the unsafe condition. This proposed AD would continue to require the actions in AD 2020-12-11 and would require, for certain airplanes, installing updated FG 3G standard software, and would prohibit the installation of affected FG standards, 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.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A310 series airplanes. This AD was prompted by a determination that new or more restrictive airworthiness tasks are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness tasks, 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 proposes to supersede Airworthiness Directive (AD) 2017-18-05, which applies to all The Boeing Company Model 747-100, 747- 100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. AD 2017-18-05 requires repetitive replacement or inspection of certain fuse pins, and applicable on-condition actions. Since the FAA issued AD 2017-18-05, it has been determined that adding repetitive ultrasonic testing (UT) inspections of the fuse pin of the wing landing gear beam end fitting for any cracking and the option for repetitive replacement of certain corrosion-resistant (stainless) steel (CRES) fuse pins and steel alloy fuse pins is necessary to address the unsafe condition. This proposed AD would continue to require the actions in AD 2017-18-05 and would also require repetitive replacement of certain fuse pins at the wing landing gear beam end fitting, and repetitive inspections of the fuse pin for any cracking and applicable on-condition actions. This proposed AD would also revise the applicability by adding airplanes. The FAA is proposing this AD to address the unsafe condition on these products.

Improving the safety of pedestrians, bicyclists, and other vulnerable road users (VRUs) is of critical importance to achieving the objectives of DOT's National Roadway Safety Strategy (NRSS), and DOT's vision of zero fatalities and serious injuries across our transportation system. According to data from the National Highway Traffic Safety Administration (NHTSA), in 2020 there were 10,626 traffic fatalities in the United States at roadway intersections, including 1,674 pedestrian and 355 bicyclist fatalities. These fatalities at intersections represent 27% of the total of 38,824 road traffic deaths recorded in 2020. Separately, considerable development efforts have been made into automation technologies over the past two decades, including in the areas of vehicle automation, machine vision, perception and sensing, vehicle-to-everything (V2X) communications, sensor fusion, image and data analysis, artificial intelligence (AI), path planning, and real-time decision-making. DOT is interested in receiving comments on the possibility of adapting existing and emerging automation technologies to accelerate the development of real-time roadway intersection safety and warning systems for both drivers and VRUs in a cost-effective manner that will facilitate deployment at scale.