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

This final rule establishes regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers under certain statutory authorities, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. The standards and requirements apply to the installation, operation, or maintenance of EV charging infrastructure; the interoperability of EV charging infrastructure; traffic control device or on-premises signage acquired, installed, or operated in concert with EV charging infrastructure; data, including the format and schedule for the submission of such data; network connectivity of EV charging infrastructure; and information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications.

The FAA is adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a report of smoke in the flightdeck and loss of the right- hand (RH) primary display unit (PDU) and the secondary flight display (SFD). This AD requires inspecting the two electrical power feeders for damage (deterioration), measuring the clearance between the two electrical power feeders and the forward lavatory bulkhead, and applicable corrective actions, 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.

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 collection involves an aircraft operator's request for a privacy ICAO address through a web-based application process. The information to be collected is necessary to qualify for the authorized use of the privacy ICAO address services and for monitoring to support continued airworthiness and enforcement activities.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. This ICR is for a new collection of information for which NHTSA intends to seek OMB approval for a one-time voluntary survey of licensed drivers regarding speeding. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on October 25, 2022. NHTSA received comments from one organization and two individuals, which we address below.

This notice announces a meeting of the National Emergency Medical Services Advisory Council (NEMSAC).

The FAA is adopting a new airworthiness directive (AD) for certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a report that an interference was detected between the installed nut and the foot radius of a section of a certain frame (FR) on the right-hand side. This AD requires removing the affected fasteners and inspecting the affected area for damage, and applicable corrective actions if necessary, 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 is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was prompted by a report that certain fasteners attaching the fuselage skin to a certain stringer may be missing. This AD requires inspecting for missing fasteners and damage, including cracking, of the affected area, and repair or installation of fasteners if necessary. The FAA is issuing this AD to address the unsafe condition on these products.

Baby Trend, Inc., (BT), has determined that certain BT Hybrid 3-in-1 Combination Booster Seat child restraint systems (CRSs) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 213, Child Restraint Systems. BT filed an original noncompliance report dated July 6, 2022. BT subsequently petitioned NHTSA on August 1, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the denial of BT's petition.

The Maritime Administration (MARAD) announces a public meeting of the U.S. Maritime Transportation System National Advisory Committee (MTSNAC) to discuss advice and recommendations for the U.S. Department of Transportation on issues related to the marine transportation system.

These special conditions are issued for the Dassault Aviation (Dassault) Model Falcon 6X airplane. This airplane 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 an electronic flight-control system installation that establishes the criticality of the electrical power generation and distribution systems, such that the loss of all electrical power may be catastrophic to the airplane. 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 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 is revising a notice of proposed rulemaking (NPRM) that would have applied to certain Embraer S.A. Model ERJ 170 airplanes. This action revises the NPRM by adding airplanes to the applicability. 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.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD was prompted by a report that certain environmental control system (ECS) pre-cooler clamp assemblies may not conform to specifications. This proposed AD would require an inspection of the pre-cooler clamps and replacement of non-conforming pre-cooler clamps. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2004-04- 09, which applied to certain Pratt & Whitney Canada Corp. (P&WC) JT15D- 1, JT15D-1A, and JT15D-1B model turbofan engines. AD 2004-04-09 required a one-time borescope inspection (BSI) of the rear face of certain impellers for evidence of a machined groove or step, and repair or replacement of the impeller if a groove or step is found. Since the FAA issued AD 2004-04-09, the FAA was notified of an uncontained failure of an impeller installed on a P&WC JT15D-1A engine during takeoff and subsequent investigation by the manufacturer that discovered machining marks on the impeller. This AD was prompted by three prior reports of uncontained failure of the impeller, and one additional recent report of an in-service uncontained failure event. This AD requires borescope fluorescent penetrant inspection (FPI) of the rear face of certain impellers for evidence of machining witness lines and, depending on the results of the inspection, replacement of the impeller, as specified in a Transport Canada AD, which is incorporated by reference. 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 Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by the determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent determination that this interference can result in unavailable or misleading radio altimeter information, adversely affecting the performance of the automatic flight control system (AFCS) and resulting in increased flightcrew workload during takeoff, approach, and landing below 400 feet above ground level (AGL). This AD requires revising the existing airplane flight manual (AFM) with new limitations to mitigate identified hazards due to 5G C-Band interference as identified by Notices to Air Missions (NOTAMs). The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is adopting a new airworthiness directive (AD) for certain Continental Aerospace Technologies, Inc. (Continental) GTSIO- 520-C, -D, -H, -K, -L, -M, -N, and -S; IO-360-A, -AB, -AF, -C, -CB, -D, -DB, -E, -ES, -G, -GB, -H, -HB, -J, -JB, -K, and -KB; IO-470-D, -E, -G, -H, -J, -K, -L, -M, -N, -P, -R, -S, -T, -U, -V, and -VO; IO-520-A, -B, -BA, -BB, -C, -CB, -D, -E, -F, -J, -K, -L, -M, and -MB; IO-550-A, -B, - C, -D, -E, -F, -G, -L, -N, -P, and -R; LTSIO-360-E, -EB, -KB, and -RB; LTSIO-520-AE; O-470-A, -B, -E, -G, -H, -J, -K, -L, -M, -N, -R, -S, -T, and -U; TSIO-360-A, -AB, -B, -BB, -C, -CB, -D, -DB, -E, -EB, -G, -GB, - H, -HB, -JB, -KB, -LB, -MB, -RB, and -SB; TSIO-520-A, -AE, -AF, -B, - BB, -BE, -C, -CE, -D, -DB, -E, -EB, -G, -H, -J, -JB, -K, -KB, -L, -LB, -M, -NB, -P, -R, -T, -UB, -VB, and -WB; TSIO-550-A, -B, -C, -E, -G, -K, and -N; TSIOF-550-K; and TSIOL-550-A, -B, and -C model reciprocating engines. This AD was prompted by a report of a quality escape involving improper installation of counterweight retaining rings in the engine crankshaft counterweight groove during manufacture. This AD requires inspection of the crankshaft assembly for proper installation of the counterweight retaining rings in the counterweight groove, and corrective actions if improper installation is found. The FAA is issuing this AD to address the unsafe condition on these products.

As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection of Class I Railroad Annual Reports, as described below.

FMCSA announces that Matthew Killmer has requested an exemption from the hours-of-service (HOS) regulations to allow him to split his sleeper-berth time into two 5-hour periods. The applicant indicates that the exemption would allow him to be a more alert and well rested commercial motor vehicle (CMV) operator and allow him to find a safe place to park his CMV. FMCSA requests public comment on the applicant's request for exemption.

This action changes the effective date of a final rule published in the Federal Register on January 12, 2023 for Airspace Docket No. 22-ASO-15. In that rule, the effective date was inadvertently published as February 23, 2023. This action delays the effective date to April 20, 2023.

In accordance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICR) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens.

The Regulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department of Transportation. The Agenda provides the public information about the Department of Transportation's planned regulatory activity for the next 12 months. This information enables the public to participate in the Department's regulatory process. The public is encouraged to submit comments on any aspect of this Agenda.

On January 23, 2023, Avalon Motor Coaches, LLC (Avalon), an interstate passenger motor carrier, filed an application for Avalon to purchase and assume substantially all the shuttle services of another interstate passenger motor carrier, Wynne Transportation, LLC (Wynne). The Board is tentatively approving and authorizing this transaction. If no opposing comments are timely filed, this notice will be the final Board action.

FMCSA announces its decision to deny Flat Top Transport's request for an exemption from the hours-of-service (HOS) regulations. Flat Top Transport requested a four-month exemption for ``immediate and emergency delivery of dry and bulk food grade products to locations that supply stores and distribution centers nationally.'' FMCSA analyzed the application and public comments and determined that the exemption would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.