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

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. NHTSA invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a reinstatement with modification of a previously approved information collection request exploring older drivers' use of rearview video systems (backing cameras). A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published. NHTSA received comments from one organization, which we address below.

This notice announces that the FHWA and the Utah Department of Transportation (State) plan to renew and amend an existing MOU established pursuant to certain statutory authorities under which FHWA has assigned to the State FHWA's responsibility for determining whether a project is categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) and for carrying out certain other responsibilities for conducting environmental reviews, consultations, and related activities for assigned projects. The public is invited to comment on any aspect of the proposed MOU, including the scope of environmental review, consultation, and other activities which are assigned.

FRA is issuing Safety Advisory 2023-02 to emphasize significant concerns related to train makeup and to ensure that all railroads exercise due diligence and recognize the importance of taking proactive measures to address potential safety risks related to operating train builds with varying configurations, load and empty placement, distributed power arrangements, and other factors. FRA has noticed a rising trend in recent incidents where train build and makeup have been identified as a potential cause or contributing factor. In response, FRA incorporates train simulations into its investigative process when it is suspected that high in-train forces may have contributed to train accidents. To address these concerns, FRA is providing recommendations for freight railroads to improve the safety of their train build processes and practices.

The FAA proposes to adopt a new airworthiness directive (AD) for all The Boeing Company Model 787-8, 787-9, and 787-10 airplanes. This proposed AD was prompted by reports of undetected water leaks from the faucet control module (FCM) migrating below the passenger floor in multiple lavatory locations during flight, and into the electronic equipment bay(s). This proposed AD would require repetitive general visual inspections of the area under all lavatory washbasins for evidence of intermittent and active leaks at the FCM and applicable on- condition actions. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to amend Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet above the surface for Lakeland Linder International Airport, Lakeland, FL, as an airspace evaluation determined an update for this airport necessary. This action would also update this airport's name and geographic coordinates, as well as the names of Bartow Executive Airport, Plant City Airport, and Winter Haven Regional Airport. In addition, this action would remove the Lakeland VORTAC from the Class E airspace designated as an extension to a Class D surface area description.

This action proposes to amend Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airways V-469 and V-501, and revoke V-474. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the St. Thomas, PA (THS), VOR/ Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The St. Thomas VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) program.

This action amends high altitude area navigation (RNAV) route Q-101 in the eastern United States. This action supports the Northeast Corridor Atlantic Coast Route Project to improve the efficiency of the National Airspace System (NAS) and reduce the dependency on ground- based navigational systems.

This document provides the public with notice that, on March 15, 2023, three host railroads submitted a joint request for amendment (RFA) to their FRA-approved Positive Train Control Safety Plans (PTCSP). As this joint RFA involves requests for FRA's approval of updated onboard software that will materially modify their FRA- certified positive train control (PTC) systems, FRA is publishing this notice and inviting public comment on railroads' joint RFA to their PTCSPs.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Survitec Group Limited (RFD Beaufort Ltd.) Type 102 Mk 3, 102 Mk 4, and 105 Mk 1 life jackets. This proposed AD was prompted by a report that some life jackets were found packed in the wrong valise (container). This proposed AD would require an inspection for a discrepancy (mismatch of the valise/container description and life jacket type) of life jackets and, if necessary, replacement of the life jacket. This proposed AD would also limit the installation of affected parts under certain conditions. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to establish Class E airspace at Winnie/ Stowell, TX. The FAA is proposing this action to support new public instrument procedures.

This action corrects a final rule published by the FAA in the Federal Register on March 27, 2023, that amended Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airways V-268 and V-474, revoked Jet Route J-518 and VOR Federal airway V-119, and established Area Navigation (RNAV) route Q-178. In the final rule, one of the two categorical exclusion references listed in the Environmental Review section of the preamble was incorrect. The final rule Environmental Review section referenced categorical exclusions pursuant to FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraphs 5- 6.5a and 5-6.5k, in error. The correct categorical exclusion references are FAA Order 1050.1F, paragraphs 5-6.5a and 5-6.5i. This action corrects that error.

This action amends the Class E airspace at Altoona, PA. This action is the result of an airspace review caused by the decommissioning of the Revloc very high frequency omnidirectional range (VOR) navigation aid as part of the VOR Minimum Operating Network (MON) Program. The name of the airport is also being updated to coincide with the FAA's aeronautical database.

This action amends the Class E airspace at Watertown, SD. This action is due to an airspace review conducted as part of the decommissioning of the Watertown very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The name and geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

This action amends the Class E airspace at Antlers, OK. This action is due to an airspace review conducted as part of the decommissioning of the Paris very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program (NCP) Update submitted by Broward County for the Fort Lauderdale-Hollywood International Airport (FLL). See supplementary information for details. On October 3, 2019, the FAA determined that the Noise Exposure Maps (NEMs) submitted by Broward County under Part 150 were in compliance with applicable requirements. On October 12, 2022, the FAA determined that it would be initiating final review of the noise compatibility program submitted by Broward County for approval or disapproval. On March 30, 2023, the FAA approved the Fort Lauderdale-Hollywood International Airport NCP Update. The NCP contained four noise abatement measures, six land use measures, and nine program management measures. Three of the four noise abatement measures proposed at FLL are related to new or revised flight procedures. Of the 19 measures proposed, 15 were approved, one was approved as voluntary, and three were disapproved for purposes of part 150.

In accordance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, BTS 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 to 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 January 23, 2023, BTS published Federal Register notice, allowing for a 60-day comment period on the ICR. The comment period closed on March 24, 2023. The agency received no comments. The purpose of this notice is to allow 30 days for public comment to OMB on this collection from all interested individuals and organizations.

This action amends the Class E airspace at St. James, MI. This action is due to an airspace review conducted as part of the decommissioning of the Pellston very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The geographic coordinates of the airport are also being updated to coincide with the FAA's aeronautical database.

The FAA proposes to supersede Airworthiness Directive (AD) 2020-07-13, which applies to certain Bombardier, Inc., Model BD-100- 1A10 airplanes. AD 2020-07-13 requires revising the existing airplane flight manual (AFM) to provide the flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' Since the FAA issued AD 2020-07-13, the procedures were revised to ensure that all applicable altitude capture modes utilized and annunciated in the affected fleet are included and to more clearly denote these altitude capture modes. This proposed AD would require revising the existing AFM to provide the flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.'' The FAA is proposing this AD to address the unsafe condition on these products.

The FAA proposes to adopt a new airworthiness directive (AD) for all GE Aviation Czech s.r.o. (GEAC) M601E-11AS, M601E[hyphen]11S, H75-100, H80-100, and H85-100 model turboprop engines. This proposed AD was prompted by reports of multiple failures of the needle bearing installed in propeller governors having part numbers (P/Ns) P-W11-1 or P-W11-2, caused by self-generated debris from the needle bearing, which led to oil contamination. This proposed AD would require replacement of the affected propeller governors with a redesigned propeller governor, and would prohibit installation of the affected propeller governors, 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.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD 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.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by a report that in case of a flap, slat, or slat- flap failure in flight, resetting the slat flap control unit (SFCU) to clear the error using the airplane flight manual (AFM) could result in the stall protection computer (SPC) setting the low-speed cue to the most conservative stall advance mode. This AD requires revising the non-normal procedures section of the existing AFM to provide the flightcrew with procedures for addressing failure warnings in the slat and flap control systems. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2020-21- 07, which applied to all Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-21-07 required replacement of affected passenger oxygen masks (which includes re-identifying the parts). This AD was prompted by a determination that additional parts are subject to the unsafe condition. This AD continues to require the actions in AD 2020-21-07, and also requires replacing additional affected parts; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. This AD also prohibits installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2020-26- 07, which applied to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2020-26-07 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 a new airworthiness limitation is necessary. This AD continues to require the actions in AD 2020-26-07, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate a new airworthiness limitation; 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.

FRA is providing notice of its intent to review a quiet zone located in Deerfield Beach, Pompano Beach, Fort Lauderdale, Oakland Park, Wilton Manors, Dania Beach, Hollywood, and Hallandale Beach, Florida (Cities). Based on a high rate of reported accidents/incidents and related injuries and fatalities that occurred between January and December 2022, FRA has made a preliminary determination that the safety systems and measures implemented within the quiet zone do not fully compensate for the absence of routine sounding of locomotive horns due to a substantial increase in risk. In addition, FRA has made a preliminary determination of significant risk with respect to loss of life or serious personal injury within the quiet zone. Therefore, FRA intends to review existing conditions within the quiet zone to determine whether the quiet zone should be terminated or whether additional safety measures may be necessary to ensure motorist and pedestrian safety.