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

The FAA proposes to adopt a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. This proposed AD was prompted by reports of corrosion on the horizontal stabilizer lower center skin panel, including a finding of corrosion where the skin thickness had been substantially reduced, which affected design margins. This proposed AD would require inspecting the horizontal stabilizer lower center skin panel for corrosion, and reworking, repairing, or replacing the lower center skin panel if necessary. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to amend the Class E airspace at Mount Sterling and Pittsfield, IL. The FAA is proposing this action due to airspace reviews conducted as part of the decommissioning of the Quincy very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The geographic coordinates of Pittsfield Penstone Municipal Airport, Pittsfield, IL, would also be updated to coincide with the FAA's aeronautical database.

This action proposes to amend the Class E airspace at Marshalltown, IA. The FAA is proposing this action as the result of an airspace review as part of the decommissioning of the Elmwood very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program.

This action proposes to amend the Class E airspace at Plymouth and Winamac, IN. The FAA is proposing this action due to an airspace review conducted as part of the decommissioning of the Knox very high frequency (VHF) omnidirectional range (VOR) as part of the VOR Minimal Operational Network (MON) Program. The geographic coordinates of Plymouth Municipal Airport would also be updated to coincide with the FAA's aeronautical database.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and approval. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on July 20, 2022. No comments were received.

The Federal Railroad Administration published a document in the Federal Register of October 27, 2022, announcing a public hearing and extending the comment period for a notice of proposed rulemaking proposing minimum safety requirements for the size of train crews. The document contained a mis-formatted web address to a public website where further information regarding the announced public hearing could be obtained.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 747-400, -400D, and -400F series airplanes. This proposed AD was prompted by the FAA's analysis of the Model 747 airplane fuel system reviews conducted by the manufacturer, and by the determination 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. The FAA is proposing this AD to address the unsafe condition on these products.

This action corrects a final rule published by the FAA in the Federal Register on October 27, 2022, that amends VHF Omnidirectional Range (VOR) Federal airways V-198, V-212, V-556, and V-558; amends Area Navigation (RNAV) route T-256; and establishes RNAV route T-466. In the new RNAV route T-466, the final rule identified the CHILD, TX, route point as a waypoint (WP) and the SEEDS, TX, route point as a Fix, in error. This action makes editorial corrections to the reference of the CHILD, TX, WP to change it to be reflected as a Fix and to the SEEDS, TX, Fix to change it to be reflected as a WP. These corrections are necessary to match the FAA National Airspace System Resource (NASR) database information.

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 for its review and approval and invites public comment. The FMCSA requests to renew an ICR titled, ``Commercial Driver's License Drug and Alcohol Clearinghouse.'' The Agency's final rule, published December 5, 2016, titled ``Commercial Driver's License Drug and Alcohol Clearinghouse'' (81 FR 87686) (Clearinghouse) established the regulatory requirements for the Clearinghouse. The compliance date of the final rule was January 6, 2020. The FMCSA began collecting data as authorized users began registering in the Clearinghouse in September 2019. This ICR is needed to ensure that querying and reporting requirements are met to diminish the problem of commercial driver's license (CDL) and commercial learner's permit (CLP) holders who test positive for drugs or alcohol and then continue to perform safety sensitive functions, including driving a commercial motor vehicle (CMV), without participating in the required return-to-duty (RTD) process.

This action incorporates certain airspace designation amendments into FAA Order JO 7400.11G, dated August 19, 2022, and effective September 15, 2022, for incorporation by reference.

FMCSA announces its decision to provisionally renew an exemption from the electronic logging device (ELD) requirements for all commercial motor vehicle (CMV) drivers providing transportation to or from a theatrical or television motion picture production site. The exemption requested by the Motion Picture Association (MPA), formerly known as the Motion Picture Association of America, allows these drivers to complete paper records of duty status (RODS) instead of using an ELD. The exemption renewal is for five years.

FHWA, on behalf of TxDOT, is issuing this notice to advise the public that an EIS will be prepared for a proposed transportation project to study the effects of the project on Interstate Highway 10 (I-10), known as the Downtown 10 project. The limits of the proposed project are from Executive Center Boulevard (Blvd.) to State Loop (SL) 478 (Copia Street) in El Paso County, Texas. The proposed project is approximately 5.7 miles in length.

The Moving Ahead for Progress in the 21st Century Act established the Surface Transportation Project Delivery Program that allows a State to assume FHWA's environmental responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This is the second audit of the Arizona Department of Transportation's (ADOT) performance of its responsibilities under the Surface Transportation Project Delivery Program (NEPA Assignment Program). This notice announces and solicits comments on the second audit report for ADOT.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our 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 May 10, 2022. The collection involves FAA review of Airline Transport Pilot (ATP) Certification Training Program (CTP) submittals to determine that the program complies with the applicable requirements. It also involves FAA review of an institution of higher education's application for the authority to certify its graduates meet the minimum regulatory requirements.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our 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 April 5, 2022. The collection involves requirements necessary to ensure safety-of-flight by ensuring that complete and adequate training, testing, checking, and experience is obtained and maintained by those who operate under certain parts of FAA's regulations and use flight simulation in lieu of aircraft for these functions.

FMCSA corrects the October 27, 2022, notice of final disposition in which the Agency announced its decision to grant the exemption requested by the National School Transportation Association (NSTA). Although the exemption expiration date is correctly stated in the DATES section of the notice, Section VII of the notice incorrectly identifies the expiration date. Today's correction notice is being published to remedy that error.

The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited (Viking) (type certificate previously held by Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This AD was prompted by a recent investigation of a Viking Model DHC-3 airplane where the lock ring of the stabilizer actuator was found missing. This AD requires a visual inspection of the stabilizer actuator to confirm that the stabilizer actuator lock ring is present, correctly seated in the groove in the upper housing, and engaged in the clamp nut, applicable corrective actions, and application of a torque seal. This AD also requires sending the inspection results to the FAA. The FAA is issuing this AD to address the unsafe condition on these products.

This action corrects a final rule published by the FAA in the Federal Register on October 24, 2022, that amends United States Area Navigation (RNAV) route T-269 in the vicinity of Yakutat, AK, in support of a large and comprehensive T-route modernization project for the state of Alaska. The final rule identified the KATAT, AK, route point as a waypoint (WP), in error. This action makes an editorial correction to the reference of the KATAT, AK, WP to change it to be reflected as a Fix and match the FAA's aeronautical database information.

This action amends the Class E airspace at Duluth, MN. This action supports new public instrument procedures. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The FAA proposes to supersede Airworthiness Directive (AD) 2018-03-13, which applies to certain General Electric Company (GE) CT7- 5A2, CT7-5A3, CT7-7A, CT7-7A1, CT7-9B, CT7-9B1, CT7-9B2, CT7-9C, and CT7-9C3 model turboprop engines. AD 2018-03-13 requires initial and repetitive visual inspections and fluorescent penetrant inspections (FPIs) of the main propeller shaft. Since the FAA issued AD 2018-03-13, the manufacturer detected two additional cracks on a main propeller shaft during its ongoing investigation and subsequently published service information that introduced reduced inspection thresholds for initial and repetitive visual inspections, FPIs, and added initial and repetitive ultrasonic inspections (USIs) of the main propeller shaft. Additionally, the manufacturer revised the airworthiness limitations section (ALS) of the maintenance manual (MM) to incorporate initial and repetitive USIs to inspect for cracks on the main propeller shaft. This proposed AD would require initial and repetitive visual inspections, FPIs, and USIs of the main propeller shaft. Depending on the results of these inspections, this proposed AD would require replacement of the main propeller shaft. As an optional terminating action to these inspections, this proposed AD would require revising the ALS of the existing MM and the operator's existing approved maintenance program or inspection program, as applicable, to incorporate the tasks and reduced inspection thresholds for the main propeller shaft. The FAA is proposing this AD to address the unsafe condition on these products.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our 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 May 13, 2022. The collection involves the voluntary submission of responses to survey questions. The information is collected from holders of FAA production approvals and selected suppliers and provides them an opportunity to offer their input on how well the agency is performing the administration and conduct of the Aircraft Certification Systems Quality System Audit (QSA). The information to be collected will be used to promote continuous improvement initiatives and industry dialog in the FAA oversight process.

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our 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 May 18, 2022. The information collection is reported voluntarily by those who wish to report suspected unapproved parts (SUP) to the FAA for review. The information is used to determine if an unapproved part investigation is warranted.

FMCSA announces receipt of applications from 13 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.