Department of Transportation April 13, 2023 – Federal Register Recent Federal Regulation Documents
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Hitachi Cable America Inc., Now Known as Proterial Cable America, Inc., and Harley-Davidson Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance
Hitachi Cable America Inc. (HCA), now known as Proterial Cable America, Inc. (PCA), and Harley-Davidson Motor Company (Harley- Davidson) (collectively, ``the Petitioners'') have determined that certain PVC, Nylon, and ``Revised Socket'' Nylon brake hose assemblies equipped in certain model year (MY) 2008-2022 Harley-Davidson motorcycles, and also sold to Harley-Davidson dealers as replacement parts, do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. HCA filed an original noncompliance report on July 27, 2022, and amended the report on August 25, 2022, October 18, 2022, October 26, 2022, November 16, 2022, and March 30, 2023. Harley-Davidson filed its initial noncompliance report dated August 9, 2022, and amended the report on December 6, 2022, February 7, 2023, February 8, 2023, and March 8, 2023. HCA petitioned NHTSA (the ``Agency'') on August 19, 2022, and amended its petition on November 10, 2022, for a decision that the subject noncompliances are inconsequential as they relate to motor vehicle safety. Harley-Davidson petitioned NHTSA on September 2, 2022, and amended its petition on December 29, 2022, for a decision that the subject noncompliances are inconsequential as they relate to motor vehicle safety. This document announces receipt of the Petitioners' petitions.
Agency Information Collection Activities; New Information Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5872
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment on the approval of a new ICR titled, Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA- 5872. This Information Collection (IC) is voluntary and may be utilized by medical examiners (MEs) responsible for issuing Medical Examiner's Certificates, Form MCSA-5876, to individuals diagnosed with non- insulin-treated diabetes mellitus who operate commercial motor vehicles (CMV) in interstate commerce. MEs choosing to use this IC will do so in an effort to communicate with treating healthcare providers who manage the diabetes care of individuals diagnosed with non-insulin-treated diabetes mellitus who operate CMVs. The information obtained by MEs will assist them in determining whether an individual diagnosed with non-insulin-treated diabetes mellitus meets FMCSA's physical qualification standards.
Notice of Intent To Designate as Abandoned Blue Aviation, LLC, Supplemental Type Certificate No. SA02238AT
This notice announces the FAA's intent to designate Blue Aviation, LLC, Supplemental Type Certificate (STC) No. SA02238AT as abandoned and make the related engineering data available upon request. The FAA has received a request to provide engineering data concerning this STC. The FAA has been unsuccessful in contacting Blue Aviation, LLC, concerning the STC. This action is intended to enhance-aviation safety.
Crash Preventability Determination Program
To address industry concerns about all crashes being used in the Agency's Safety Measurement System (SMS), since May 2020 FMCSA has been operating the Crash Preventability Determination Program (CPDP). This program reviews 16 specific crash types and modifies information in the SMS to distinguish not preventable crashes. The existing program was an expansion of the Agency's previous demonstration program that reviewed eight specific crash types. Through the incorporation of this information into SMS, FMCSA is better positioned to identify unsafe carrier and driver behaviors and prioritize carriers for interventions, by excluding not preventable crashes when calculating a motor carrier's Crash Indicator Behavior Analysis Safety Improvement Category measure and percentile Based on the Agency's experiences with the crash types and its reviews of crash eligibility, FMCSA proposes modifying existing crash types to broaden eligibility, removing the distinction between direct and indirect strikes, and differentiating some types for improved reporting and use of the data to identify ways to reduce crashes involving non-motorists, in alignment with the Department of Transportation's National Roadway Safety Strategies at www.transportation.gov/NRSS. In addition, FMCSA proposes that four new crash types be included in the program. FMCSA seeks comments on these proposed changes. FMCSA will respond to comments it receives on the proposal and announce the start of the updated CPDP through a subsequent Federal Register notice.
Amendment of Class D and Class E Airspace; Ormond Beach, FL
This action proposes to amend the Class D airspace, Class E airspace designated as an extension to a Class D surface area in Ormond Beach, FL, and Class E airspace extending upward from 700 feet above the surface in Daytona Beach, FL, as the result of a biennial airspace evaluation. This action would extend the Class E airspace extending upward from 700 feet above the surface surrounding Spruce Creek Airport. The FAA also proposes to update terminology in the Class D and Class E airspace designated as an extension to Class D for Ormond Beach, FL, in the legal descriptions, as well as the geographical coordinates for Daytona Beach International Airport in the legal description for the Class E airspace extending upward from 700 feet above the surface in Daytona Beach, FL.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
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.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures 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 for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Airworthiness Directives; Bombardier, Inc., Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. This AD was prompted by reports of some passenger oxygen mask dispensing units (MDUs) with lanyards that are too long to meet the proper length specifications of the airplane. This AD requires replacing the affected MDUs with units that meet the proper length specifications, replacing the placards, and re-identifying the assemblies. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; Airbus SAS Airplanes
The FAA is superseding Airworthiness Directive (AD) 2021-08- 08, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2021-08-08 required replacing affected bleed duct assemblies and bleed gimbals at the wing-to-pylon interface, and prohibited the installation of affected parts. This AD was prompted by a report of a welding quality issue in the gimbal joint of the air bleed duct at each wing-to-pylon interface and the consequent deformation of the gimbal inner ring, and by new findings that affected bleed gimbals were found on certain airplanes that did not have any maintenance record of affected part replacement. This AD continues to require the actions in AD 2021-08-08 and, for certain airplanes, requires inspection of the bleed gimbals to determine the part number, and replacement 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.
Airworthiness Directives; Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.) Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace LP Model Galaxy airplanes and Model Gulfstream 200 airplanes. This AD was prompted by reports that wing flap fairing debonding and corrosion were discovered at certain areas of the lower skin on both wings. This AD requires an inspection for corrosion in certain areas of the wing skin fairings, additional inspections if necessary, resealing the fairings with new fillet seal, and applicable corrective actions, as specified in a Civil Aviation Authority of Israel (CAAI) 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 all Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL- 600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. This AD was prompted by a determination that, due to a lack of flightcrew awareness, smoke hoods with a certain part number installed throughout the airplane could be mistaken for protective breathing equipment (PBE). This AD requires an inspection or records review to determine if any smoke hood with a certain part number is installed in any location on the airplane and, depending on the results, removing the smoke hood and associated placards and installing new placards. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and - 402 airplanes. This AD was prompted by an investigation of incorrectly manufactured sleeves that were potentially installed in the main landing gear (MLG) forward door linkage assembly. This AD requires review of technical records and inspections to determine if a discrepant sleeve is installed, replacement of any discrepant sleeve and re-identification of the MLG forward door linkage assembly. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
FMCSA announces its decision to renew exemptions for eight 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.
Modification of Class E Airspace; Alliance Municipal Airport, Alliance, NE
This action proposes to modify Class E airspace extending upward from 700 feet above the surface to adequately contain all instrument flight rule (IFR) procedures at Alliance Municipal Airport, NE. This action will support the safety and management of IFR operations at the airport.
Airworthiness Directives; General Electric Company Turbofan Engines
The FAA proposes to adopt a new airworthiness directive (AD) for certain General Electric Company (GE) GEnx-1B and GEnx-2B model turbofan engines. This proposed AD was prompted by a manufacturer investigation that revealed that certain stages 6-10 compressor rotor spools and forward seals were manufactured from powder metal material suspected to contain iron inclusion. This proposed AD would require the replacement of the affected stages 6-10 compressor rotor spools and forward seals. The FAA is proposing this AD to address the unsafe condition on these products.
Notice of Submission Deadline for Schedule Information for Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Winter 2023/2024 Scheduling Season
Under this notice, the FAA announces the submission deadline of May 11, 2023, for Winter 2023/2024 flight schedules at Chicago O'Hare International Airport (ORD), John F. Kennedy International Airport (JFK), Los Angeles International Airport (LAX), Newark Liberty International Airport (EWR), and San Francisco International Airport (SFO).
Airworthiness Directives; Airbus SAS Airplanes
The FAA is superseding Airworthiness Directive (AD) 2019-18- 07, which applied to certain Airbus SAS Model A319-111, -112, -113, - 114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, - 211, -212, -213, -231, and -232 airplanes. AD 2019-18-07 required repetitive rototest inspections of the open tack holes and rivet holes at the cargo floor support fittings of the fuselage, including doing all applicable related investigative actions and repair if necessary. AD 2019-18-07 also adds actions (modification) for certain airplanes. Since the FAA issued AD 2019-18-07, it was determined that certain airplanes need to do additional work. This AD continues to require the actions in AD 2019-18-07 and requires additional work for certain airplanes, 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; Dassault Aviation Airplanes
The FAA is superseding Airworthiness Directive (AD) 2017-09-03 and AD 2018-20-07, which applied to all Dassault Aviation Model MYSTERE-FALCON 50 airplanes. AD 2017-09-03 and AD 2018-20-07 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 2018-20-07 and requires revising the existing maintenance or inspection program, as applicable, to incorporate 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; Airbus SAS Airplanes
The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A330-202, -203, -223, and -243 airplanes; Model A330- 200 Freighter series airplanes; Model A330-300 series airplanes; Model A340-200 series airplanes; and Model A340-300 series airplanes. This AD was prompted by a report that damage was found to the firewall and fuselage skin in the auxiliary power unit (APU) compartment area on Model A330 airplanes. This AD requires replacing affected tee ducts with serviceable parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
The FAA is adopting a new airworthiness directive (AD) for certain ATRGIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. This 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 AD requires the replacement of the affected new avionics suite (NAS), as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits the installation of the affected NAS on any airplane. The FAA is issuing this AD to address the unsafe condition on these products.
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