Department of Transportation December 23, 2022 – Federal Register Recent Federal Regulation Documents

FAA is finalizing its policy on the applicability of regulations concerning the safe, efficient use and preservation of the navigable airspace to all airborne wind energy systems (AWES).

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.

This action proposes to amend Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet above the surface at Key West International Airport and Key West Naval Air Station (NAS), FL as a result of biennial airspace evaluations. This action would extend the Class E airspace extending upward from 700 feet above the surface for both airports by 0.1 nautical miles to ensure the safe transition to/from the terminal environment, as well as update the geographic coordinates for the airports and the Key West VORTAC. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.

The FAA is superseding Airworthiness Directive (AD) 2013-05-13 for certain Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700-710 series turbofan engines. AD 2013-05-13 required replacing the affected fuel pump splined couplings. Since the FAA issued AD 2013-05-13, the manufacturer has revised the time limits manual (TLM), introducing new and more restrictive instructions, including the replacement of the fuel pump splined coupling. This AD is prompted by service experience that demonstrated premature wear of the splined coupling on the fuel pump and subsequent manufacturer revision of the TLM to incorporate revised life limits and updated mandatory inspection intervals, including replacement of the fuel pump splined coupling. This AD expands the applicability by adding a model turbofan engine and also requires revisions to the airworthiness limitations section (ALS) of the operator's existing approved aircraft maintenance program (AMP), 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.

PHMSA has determined that the minimum random drug testing rate for covered employees will be reduced to 25 percent during calendar year 2023. Operators are reminded that drug and alcohol (D&A) testing information must be submitted for contractors who are performing or are ready to perform covered functions. For calendar year 2022 reporting, the username and password for the Drug and Alcohol Management Information System (DAMIS) will be available in the PHMSA Portal.

The FAA proposes to adopt a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series airplanes. This proposed AD was prompted by reports of flap power unit (FPU) pressure switch failures resulting in flap inoperative events. This proposed AD would require replacing the FPU pressure switch or the FPU. 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.

FMCSA announces its decision to deny the application from The Alliance for Driver Safety & Security, also known as the Trucking Alliance (as referred to herein), for an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) ``to amend the definition of actual knowledge to include the employer's knowledge of a driver's positive hair test, which would require such results be reported to the FMCSA Drug and Alcohol Clearinghouse (``Clearinghouse'') and to inquiring carriers.'' The Trucking Alliance, is comprised of the following motor carriers: Cargo Transporters; Dupre[acute] Logistics LLC; Frozen Food Express; J.B. Hunt Transport, Inc.; KLLM Transport Services; Knight Transportation; Maverick Transportation LLC; Schneider; Swift Transportation; USXpress; and May Trucking Company. The applicant believes that hair testing enhances public safety by providing a longer detection window for controlled substance use and by minimizing the opportunity for fraud in the specimen collection process. The applicant asserts that because hair testing is more reliable and accurate than urine testing, it is the ``appropriate drug testing method for preemployment and random testing protocols.'' The applicant asserts that there will be no reduction in safety benefits if the exemption is granted. FMCSA analyzed the application and public comments and determined that the Agency lacks the statutory authority to grant the exemption request to amend the definition of actual knowledge to include the employer's knowledge of a driver's positive hair test.