Department of Transportation January 2023 – Federal Register Recent Federal Regulation Documents

PHMSA is publishing this notice to solicit public comments on a request for special permit received from the Colorado Interstate Gas Company, LLC (CIG). The special permit request is seeking relief from compliance with certain requirements in the federal pipeline safety regulations. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request.

In accordance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of the Bureau of Transportation Statistics (BTS) to request the Office of Management and Budget (OMB) to use the approved OMB Number 2138-0044, and continue to collect the following information: Confidential Close Call Transit Data for the Washington Metropolitan Area Transit Authority (WMATA or the Authority), which includes but is not limited to the collection of data from Rail, Bus, Information Technology, and Command Center personnel. This data collection effort supports a multi-year program focused on improving the Authority in its entirety, by collecting and analyzing data and information on close calls and other unsafe occurrences within WMATA. The program is co-sponsored by WMATA and labor leadership including: the President/Business Agent of the Amalgamated Transit Union (ATU) Local 689, the International Brotherhood of Teamsters (IBT) Local 922 and Office & Professional Employees International Union (OPEIU) Local 2. The Close Call program is designed to identify safety issues and propose preventive actions based on voluntary reports of a close call submitted confidentially to BTS, an Agency within the U.S. Department of Transportation. This information collection is necessary for systematically analyzing data to identify root causes of potentially unsafe events.

On December 9, 2022, the FAA published a final rule titled ``Miscellaneous Amendments''. That document made technical amendments to various parts of the FAA's regulations, and inadvertently identified the Amendment Nos. for certain parts of the CFR as 25-146, 33-1, 47-32, 73-1, and 101-9. The correct Amendment Nos. are 25-148, 33-35, 47-34, 73-9, and 101-11. This document makes those corrections.

The Federal Aviation Administration (FAA) announces its findings for the noise compatibility program submitted by LGA, see supplementary information for details. On June 15, 2017, the FAA determined that the noise exposure maps submitted by TEB were in compliance with applicable requirements. On July 15, 2022, the FAA determined that the noise compatibility program submitted by TEB would be initiating final review for approval or disapproval. On January 10, 2023, the FAA approved the TEB noise compatibility program. The noise compatibility program contained 33 recommended measures, including 16 noise abatement measures, four land use measures, and 13 program management measures. Of the measures proposed, 23 were approved, four were approved as voluntary, three were disapproved, and three were determined to have no FAA action as continuations of existing mandatory practices at TEB. Six of the 16 noise abatement procedures proposed at LGA are related to new or revised flight procedures.

This action amends the Class E airspace at Mount Sterling and Pittsfield, IL. This action is 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, are also being updated to coincide with the FAA's aeronautical database.

This action amends VHF Omnidirectional Range (VOR) Federal airways V-6, V-10, V-30, V-100, and V-233 in the vicinity of Litchfield, MI. The airway 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) which provides navigational guidance for portions of the affected VOR Federal airways listed above. The Litchfield VOR is being decommissioned as part of the FAA's VOR Minimum Operational Network (MON) program.

This action proposes to revoke Colored Federal airway Blue 2 (B-2) in the vicinity of Point Lay, AK due to the pending decommissioning of the Point Lay (PIZ) Non-directional Beacon (NDB), Hotham NDB (HHM), and Fort Davis NDB (FDV) in Alaska.

This Notice announces the establishment of FRA's emergency relief docket (ERD) for calendar year 2023. The designated ERD for calendar year 2023 is docket number FRA-2023-0003.

Nissan North America, Inc., (Nissan), has determined that certain model year (MY) 2022 Nissan Altima motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims and Motor Home/Recreation Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or less. Nissan filed an original noncompliance report dated June 14, 2022. Nissan petitioned NHTSA on July 7, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Nissan's petition.

Porsche Cars North America, Inc., (Porsche) has determined that certain model year (MY) 2020-2021 Porsche Panamera motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 126, Electronic Stability Control Systems for Light Vehicles, No. 135, Light Vehicle Brake Systems, FMVSS No. 138, Tire Pressure Monitoring Systems. Porsche filed a noncompliance report dated December 15, 2021. Porsche subsequently petitioned NHTSA on January 14, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Porsche's petition.

The FAA proposes to supersede Airworthiness Directive (AD) 2022-02-01, which applies to Sikorsky Aircraft Corporation Model S-92A helicopters with certain part-numbered main rotor stationary swashplate assemblies (swashplate assemblies) that have accumulated 1,600 or more total hours time-in-service (TIS) installed. AD 2022-02-01 requires visually inspecting the swashplate assembly at specified intervals and depending on the results, removing the swashplate assembly from service. Since the FAA issued AD 2022-02-01, the FAA determined it was necessary to expand the applicability and require more detailed inspections to address the unsafe condition. This proposed AD would retain the actions of AD 2022-02-01, expand the applicability, add a detailed recurring visual inspection, and require either eddy current inspections (ECI) or fluorescent penetrant inspections (FPI). The FAA is proposing this AD to address the unsafe condition on these products.

This action amends the Greater Buffalo International Airport, NY, Class C airspace description to update the Greater Buffalo International Airport and Lancaster Airport names and the associated airport reference point (ARP) geographic coordinates for each airport to match the FAA's National Airspace System Resource (NASR) database information. Additionally, this action makes a technical amendment to the airspace description header information by changing the title of the airspace area. This action does not change the boundaries, altitudes, or operating requirements of the Class C airspace area.

The FAA proposes to adopt a new airworthiness directive (AD) for certain ATRGIE Avions de Transport R[eacute]gional Model ATR42- 500 and 72-212A airplanes. This proposed AD was prompted by in-service experience that has shown that the lateral flight guidance of the flight director/auto pilot may not limit HI BANK turns in severe icing conditions. This proposed AD would require the replacement of the affected new avionics suite (NAS), as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit the installation of the affected NAS on any airplane. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Leonardo S.p.a. Model A109, A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP helicopters modified by Supplemental Type Certificate (STC) SR01812LA. This AD was prompted by a report of certain floats not deploying due to a faulty plunger assembly. This AD requires repairing or replacing certain float assemblies. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to all MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, Model CL-600-2C11 (Regional Jet Series 550) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This action revises the NPRM by proposing to require revising the existing maintenance or inspection program, as applicable, to incorporate two aircraft maintenance manual (AMM) tasks. The FAA is proposing this airworthiness directive (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 requesting comments on this SNPRM.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Helicopters Model EC130T2 helicopters. This AD was prompted by a crack in the tailboom. This AD requires repetitively inspecting the vibration level on the tail rotor drive shaft and, depending on the results, taking corrective action. This AD also requires reporting information and prohibits installing certain rotor drive shafts unless the inspection is done, 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.

Notice is being given that the FAA is considering a request from the Northeast Alabama Regional Airport Authority to waive the requirement that a 1.00 acre parcel of airport property, located at Northeast Alabama Regional Airport (GAD) in Gadsden, Alabama, be used for aeronautical purposes.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.

The FAA proposes to rule and invites public comment on the application for a release and disposal of approximately 0.31 acres of federally obligated airport property at Morgantown Municipal Airport, Morgantown, WV, from Grant Assurance obligations. This acreage is composed of two parcels of land that was acquired by the City of Morgantown on October 30, 1972 by conveyance from Joseph and Phyllis Marshall through FAA Project #8-54-0015-02. The release will allow the West Virginia Division of Highways to widen West Run Road (County Route 67/ 1). The land requested for release is not required for aviation use and development and will not interfere with the airport or its operation.

The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 707 and Model 727 airplanes. This AD was prompted by a report indicating cracking in fastener holes at the center wing box and at certain positions of the rear spar and lower skin on a Model 737-300 airplane. A cross model review determined that similar cracking of the fastener holes in the center wing box lower skin could occur on Model 707 and Model 727 airplanes. For Model 707 airplanes this AD requires repetitive detailed inspections of the center wing box lower skin for cracking and repetitive high frequency eddy current (HFEC) and ultrasonic (UT) inspections of the rear spar lower chord at a certain position for cracking, repetitive sealant application, and repair if necessary. For Model 727 airplanes this AD requires repetitive detailed inspections of the center wing box, lower skin, and rear spar lower chord at a certain location for cracking, repetitive sealant application, and repair if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD was prompted by multiple reports of erratic electrical system status on the push button annunciators (PBAs) and the engine instrument and crew alerting system (EICAS) while on- ground and during flight. This proposed AD would require a records check and replacement of affected left-hand (LH) direct current power center (DCPC) units. The FAA is proposing this AD to address the unsafe condition on these products.

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.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 and -1041 airplanes. This proposed AD was prompted by reports of broken lower attachment studs on the AFT galley complex. This proposed AD would require repetitive detailed inspections of the lower attachment studs and, depending on findings, replacement of the lower attachment studs, 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.