Department of Transportation February 10, 2023 – Federal Register Recent Federal Regulation Documents
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Railroad Cost Recovery Procedures-Productivity Adjustment
In a decision served on February 10, 2023, the Board proposed to adopt 1.028 (2.8% per year) as the measure of average (geometric mean) change in railroad productivity for the 2017-2021 (five-year) period. The Board's February 10, 2023 decision stated that comments may be filed addressing any perceived data and computational errors in the Board's calculation. The decision also stated that, unless a further order is issued postponing the effective date, the decision will take effect on March 1, 2023.
Notice of Meeting of the National Parks Overflights Advisory Group
The Federal Aviation Administration (FAA) and the National Park Service (NPS), in accordance with the National Parks Air Tour Management Act of 2000, announce the next meeting of the National Parks Overflights Advisory Group (NPOAG). This notification provides the date, location, and agenda for the meeting.
Railroad Cost of Capital-2022
The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2022. The decision solicits comments on the following issues: the railroads' 2022 current cost of debt capital, the railroads' 2022 current cost of preferred equity capital (if any), the railroads' 2022 cost of common equity capital, and the 2022 capital structure mix of the railroad industry on a market value basis.
Van Pool Transportation LLC-Acquisition of Control-Local Motion, Inc.
On January 13, 2023, Van Pool Transportation LLC (Van Pool or Applicant), a noncarrier, filed an application for Van Pool to acquire control of an interstate passenger motor carrier, Local Motion, Inc. (Local Motion), by acquiring all of the outstanding equity shares of the shareholders of Local Motion: Bruce E. Barrows, William J. Carragher, and John R. Eaton (collectively, Sellers). The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.
Airworthiness Directives; BAE Systems (Operations) Limited Airplanes
The FAA is superseding Airworthiness Directive (AD) 99-25-11 for certain BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ series airplanes. AD 99-25-11 required repetitive inspections for cracks along the face of the retraction attachment boss in the nose landing gear (NLG) sidewall; and corrective action, if necessary. This AD was prompted by a report of a crack found on the left-hand sidewall well on the NLG, and by the determination that additional airplanes are subject to the identified unsafe condition. This AD continues to require the actions in AD 99-25-11, and expands the applicability. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Dassault Aviation Airplanes
The FAA is superseding Airworthiness Directive (AD) 2020-21- 19, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2020-21-19 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2020-21-19, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations; 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.
Airworthiness Directives; Bombardier, Inc., Airplanes
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 of a lateral offset observed on the head-up display (HUD) of several airplanes between the synthetic vision system (SVS) and actual runway due to mechanical misalignment of the HUD during manufacturing and assembly. This AD requires revising the existing airplane flight manual (AFM) to prohibit steep approach landing (SAL) and enhanced flight vision system (EFVS) operations. This AD also requires calibrating the HUD. The FAA is issuing this AD to address the unsafe condition on these products.
Amendment of Restricted Areas R-2204 Oliktok Point High and R-2204 Oliktok Point Low; AK
This action amends the using agency listed for restricted areas R-2204 Oliktok Point High, AK, and R-2204 Oliktok Point Low, AK, from ``Department of Energy, Office of Science, Washington DC'' to ``Department of Energy, Arctic Energy Office, Washington, DC.'' This action does not change any boundaries, altitudes, times of designation, or activities conducted within the restricted areas.
Continental Tire the Americas, LLC, Denial of Petition for Decision of Inconsequential Noncompliance
Continental Tire the Americas, LLC (CTA), has determined that certain Altimax RT 43 replacement passenger car tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. CTA filed a noncompliance report dated April 20, 2021, and subsequently petitioned National Highway Traffic Safety Administration (NHTSA or the ``Agency'') on May 13, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces the denial of CTA's petition.
Normal and Transport Category Rotorcraft Certification
The FAA is amending the certification standards of normal and transport category rotorcraft. These changes are necessary to address modern designs currently used in the rotorcraft industry and will reduce the burden on applicants for certification of new rotorcraft designs. The changes will reduce or eliminate the need for certain special conditions currently required to obtain certification of modern rotorcraft. These changes also incorporate the provisions of equivalent level of safety findings and means of compliance issue papers that the FAA has made when approving certain design features.
Establishment of Class E Airspace; Union Springs, AL
This action establishes Class E airspace extending upward from 700 feet above the surface at Franklin Field Airport, Union Springs, AL, to accommodate area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures (SIAPs) serving this airport.
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