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

This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

FMCSA announces its decision to renew exemptions for 15 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

FMCSA announces its decision to grant the application submitted by Rex Railsback, Owner, Railsback HazMat Safety Professionals, LLC (Railsback HMSP), for an exemption from the theory instructor qualification requirements in the entry-level driver training (ELDT) regulations. The exemption will allow Mr. Railsback to conduct theory (i.e., classroom) training for driver trainees seeking to obtain a hazardous materials endorsement on their commercial driver's license (CDL). The exemption excuses Mr. Railsback from the requirement that a driver training instructor must possess a CDL with all applicable endorsements to perform ELDT theory instruction and meet applicable state qualification requirements for commercial motor vehicle (CMV) instructors. FMCSA concluded that granting the exemption is likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.

FMCSA announces its decision to renew exemptions for six individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2023, so grantees and subgrantees affected by a national or regional emergency or disaster may request temporary relief from FTA administrative and statutory requirements.

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension and modification of an existing and approved information collection, as described below. An emergency approval was granted for this collection (OMB Control Number 2140-0041), expiring on January 31, 2023. The Board is now seeking to extend and modify that collection with a submission through OMB's regular PRA clearance process.

The FAA proposes to supersede Airworthiness Directive 2021-23- 12, which applies to all transport and commuter category airplanes equipped with a radio (also known as radar) altimeter. AD 2021-23-12 requires revising the limitations section of the existing airplane/ aircraft flight manual to incorporate limitations prohibiting certain operations requiring radio altimeter data when in the presence of 5G C- Band interference as identified by Notices to Air Missions. Since the FAA issued AD 2021-23-12, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band base stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. This proposed AD would require revising the limitations section of the existing airplane/aircraft flight manual to incorporate limitations prohibiting certain operations requiring radio altimeter data, due to the presence of 5G C-Band interference. This proposed AD would also require modifying certain airplanes to allow safe operations in the United States 5G C-Band radio frequency environment. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA proposes to update and expand the requirements for safety management systems (SMS) and require certain certificate holders and commercial air tour operators to develop and implement an SMS. This proposed rule would extend the requirement for an SMS to all certificate holders operating under the rules for commuter and on- demand operations, commercial air tour operators, production certificate (PC) holders that are holders or licensees of a type certificate (TC) for the same product, and holders of a TC who license out that TC for production. The FAA also proposes this rule in part to address a Congressional mandate as well as recommendations from the National Transportation Safety Board (NTSB) and two Aviation Rulemaking Committees (ARCs). Additionally, the proposed rule would more closely align the United States with Annex 19 to the Convention on International Civil Aviation. This proposed rule is intended to improve aviation safety by requiring organizations to implement a proactive approach to managing safety.

The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed project along the Venetian Causeway which is approximately 2.5 miles long, and is primarily a two-lane undivided facility that provides a major link between the cities of Miami and Miami Beach in Miami-Dade County, Florida. The Causeway includes ten fixed span bridges and two bascule leaf span bridges over the Intracoastal Waterway (ICWW) extending from North Bayshore Drive (City of Miami) to Purdy Avenue (City of Miami Beach). The twelve bridges are numbered Bridge 1 to Bridge 12 from west to east. The proposed improvements replace the fixed spans of Bridges 2 through 12 with concrete arched beams and the bascule span at Bridge 10 with a double leaf bascule bridge to meet current design and safety requirements. The proposed typical section is 16-ft wider than the existing as a result of enhanced pedestrian and bicycle provisions, and consists of an 11-ft. lane, 7-ft. bicycle lane and 8-ft. sidewalk in each direction. The bascule span at Bridge 1 has already been replaced and is not included in the proposed improvements. These actions grant licenses, permits, or approvals for the project.

The FAA proposes to rule and invite public comment on a proposal from the Centennial Airport, Executive Director to change a portion of the airport from aeronautical use to non-aeronautical use at Centennial Airport, Englewood, Colorado. The proposal involves a parcel of airport property on the Northeast side of the airfield.

The Federal Transit Administration (FTA) announces the opportunity to apply for a total of $20,041,870 in available funding ($20,000,000 in funding for Fiscal Year (FY) 2022 and $41,870 for FY 2021) for the Areas of Persistent Poverty Program (AoPP Program) (Federal Assistance Listing: 20.505). Funds will be awarded competitively for planning, engineering, or the development of technical or financing plans for projects to assist Areas of Persistent Poverty or Historically Disadvantaged Communities. FTA may award additional funding that is made available to the program prior to the announcement or project selections.

This document provides the public with notice that, on December 21, 2022, the Massachusetts Bay Transportation Authority (MBTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system. FRA is publishing this notice and inviting public comment on MBTA's RFA to its PTC system.

The Surface Transportation Board (STB or Board) adopts a final rule modifying its regulations to establish a voluntary arbitration program for small rate disputes.