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

This notice announces a meeting of the Commercial Space Transportation Advisory Committee.

The purpose of this notice is to inform the public about FRA's regulations that currently govern certain outages of positive train control (PTC) systems during, for example, infrastructure upgrades and capital projects. This notice also contains information about the process a railroad must follow to obtain FRA's approval before temporarily disabling its PTC system for such purposes.

The Build America Bureau (the Bureau) is issuing this NOFO to solicit applications from eligible parties for $24 million in Regional Infrastructure Accelerator (RIA) grants. RIA grants assist entities in developing improved infrastructure priorities and financing strategies for the accelerated development of a project that is eligible for funding under the Transportation Infrastructure Finance and Innovation Act (TIFIA) Credit Program under Chapter 6 of Title 23, United States Code. These grants are intended to support RIAs that: (1) serve a defined geographic area; (2) act as a resource to qualified entities in the geographic area; and (3) demonstrate the effectiveness of the RIA to expedite the delivery of projects eligible for the TIFIA credit program. Projects are not required to apply for or receive TIFIA credit assistance to be eligible; however, applicants who are considering the appropriateness of innovative financing methods to accelerate the delivery of eligible projects are strongly encouraged to apply.

This notice announces a meeting of the MRB.

Hercules Tire & Rubber Company, (Hercules), has determined that certain Hercules Power ST2 radial trailer tires do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Hercules filed an original noncompliance report dated October 5, 2022. Hercules subsequently petitioned NHTSA on October 21, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Hercules' petition.

This document provides the public with notice that, on April 11, 2023, the Massachusetts Bay Transportation Authority (MBTA) submitted a request to field test its trains that have been equipped with MBTA's Advanced Civil Speed Enforcement System II (ACSES II) technology on its South Coast Rail commuter rail lines. MBTA states that the tests will be performed and operation verified for all ACSES II PTC functions. FRA is publishing this notice and inviting public comment on MBTA's request to test its PTC system.

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 Information Collection 2120-0768. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 6, 2023 (88 FR 91105). The FAA proposes renewal of the collection of information related to requests made under 14 CFR part 107 to operate small Unmanned Aircraft Systems (UAS) in controlled airspace. FAA will use the collected information to make determinations whether to authorize or deny the requested operation of UAS in controlled airspace. The proposed information collection is necessary to issue such authorizations or denials consistent with the FAA's mandate to ensure safe and efficient use of national airspace. The FAA received no comments to the 60-day notice. This is a corrected Federal Register Notice to update a Federal Register Notice posted on April 20, 2023 under Docket Number 2022-0176. This corrected Federal Register Notice updates the Docket Number to FAA-2023-1035.

This document serves to inform interested parties and the public that the Maritime Administration (MARAD) proposes to amend its regulations implementing the Federal Ship Financing Program's (Title XI Program) financial requirements. This action is necessary to implement statutory changes and update the existing financial requirements imposed on Title XI Program obligors to align with more up-to-date vessel financing and federal credit best practices. MARAD solicits written comments on this rulemaking.

The FAA proposes to adopt a new airworthiness directive (AD) for all Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD was prompted by an in-service event where the nose gear door amber caution message displayed on the crew alerting system during the initial climb after gear retraction. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products.

This action proposes to amend Class E airspace extending upward from 700 feet above the surface for Cross City Airport, Cross City, FL, as a new instrument approach procedure has been designed for this airport. This action would also update this airport's geographic coordinates to coincide with the FAA's database.

The Federal Railroad Administration is seeking information on potential uses and options for disposal or repurposing used creosote- treated railroad ties (CTRTs), which are the wooden rail crossties that support the rail track. Every year, approximately 23 million CTRTs are replaced along the nation's rail network. Because a number of FRA's grant programs fund rail infrastructure projects, which may include the replacement of worn CTRTs, understanding the options to dispose of CTRTs will assist FRA and its grantees from the implementation of FRA's grant programs and assessing the impacts of such disposition (e.g., life-cycle maintenance impacts). Depending on the responses, FRA may develop a best practices document for rail tie disposal.

The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was prompted by a report of a fatigue crack in a left-hand (LH) fin spar cap. This AD requires cleaning and repetitively inspecting certain part-numbered LH fin spar caps, and repetitively inspecting the exterior of the fin skin and, depending on the results, accomplishing corrective action. This AD also prohibits certain corrective actions as a terminating action for the repetitive inspections unless the corrective actions have been approved as a terminating action, 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 The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by reports of missing shims, a wrong type of shim, shanked fasteners, fastener head gaps, and incorrect hole sizes common to the left and right sides at a certain station (STA) frame inner chord and web. This AD requires inspecting for existing repairs, inspecting the area for cracking, and performing applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 airplanes. This AD was prompted by reports the overwing emergency exit door (OWEED) escape line may be incorrectly routed. This AD requires inspecting the OWEED escape line and correcting the routing if required, 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.

PHMSA is making necessary technical corrections to ensure consistency within, and the intended effect of, a recently issued final rule titled ``Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments.'' PHMSA also alerts the public to its November 18, 2022, and April 19, 2023, responses to petitions for reconsideration of this final rule.

The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A300 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.

This action revokes Class E airspace extending upward from 700 feet above the surface for Causey Airport, Liberty, NC, as all instrument approaches to the airport have been canceled.

In compliance with the Paperwork Reduction Act of 1995, the Bureau of Transportation Statistics invites the general public, industry and other governmental parties to comment on the continuing need for and usefulness of DOT requiring U.S. and foreign air carriers to file traffic and capacity data. These reports are used to measure air transportation activity to, from, and within the United States.

This document provides the public with notice that, on April 7, 2023, the Massachusetts Bay Transportation Authority (MBTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system in order to support the implementation of PTC on its commuter rail network. On MBTA's North Side, the PTC System in the area is being reconfigured and must be taken out of service during the recommissioning of Automatic Train Control (ATC) and the subsequent recommissioning of MBTA's Advanced Civil Speed Enforcement System II (ACSES II). FRA is publishing this notice and inviting public comment on the railroad's RFA to its PTC system.

The FHWA is extending the comment period for a request for comments on its existing general applicability waiver for manufactured products under FHWA's Buy America waiver authorities, which was published on March 17, 2023, in the Federal Register. The comment period is currently set to close on April 17, 2023. The extension is based on concern expressed by a number of stakeholders that the original comment period was inadequate to meaningfully review the request for comments, analyze the impact of any possible changes to the existing general applicability waiver for manufactured products, gather information, and provide comprehensive comments. The FHWA recognizes that others interested in commenting may have similar concerns and agrees that the comment period should be extended. Therefore, the comment period is reopened and the closing date for comments is May 22, 2023, which will provide stakeholders and others interested in commenting additional time to submit responses to the docket.

In compliance with the Paperwork Reduction Act of 1995, the Department of Transportation (DOT) invites the general public, industry and other governmental parties to comment on Public Charters. The pre- existing information collection request was previously approved by the Office of Management and Budget (OMB).

This notice announces a public meeting and forum on carbon dioxide (CO2) pipeline safety titled: ``CO2 Public Meeting 2023.''

FMCSA announces that it has received an application from Alaska's Ice Road Driving School requesting an exemption from the skills road test portion of the behind-the-wheel (BTW) entry-level driver training (ELDT) requirements for driver trainees. The applicant explains that because of the unique road system and challenging terrain in Alaska, it is difficult to adhere to the driver training regulations. The applicant futher explains that the road configurations lead to only a few major established safe road systems in Alaska. The applicant believes that the road skills test for a Commercial Driver's License (CDL) applicant can safely be administered by the state test examiner as set routes can be established and approved without the CDL applicant completing certain portions of the mandatory BTW training. FMCSA requests public comment on the applicant's request for exemption.