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

This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

The Board has approved the third quarter 2023 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The third quarter 2023 RCAF (Unadjusted) is 0.975. The third quarter 2023 RCAF (Adjusted) is 0.389. The third quarter 2023 RCAF-5 is 0.372.

The FMCSA announces its decision to grant Daimler Coaches North America, LLC's (Daimler Coaches) application for a limited five- year exemption to allow its driver assistance camera technology (DACT) device to extend beyond the current mounting location limits in the lower area of the windshield on Tourrider commercial motorcoaches. The Agency has determined that higher placement of Daimler Coaches' DACT device would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption would likely achieve a level of safety equivalent to, or greater than, the level of safety provided by the regulation.

FMCSA amends the regulations for the annual registration fees States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the 2024 registration year and subsequent registration years. The fees for the 2024 registration year are approximately 9 percent less than the fees for the 2023 registration year, with varying reductions between $4 and $3,453 per entity, depending on the applicable fee bracket.

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 superseding Airworthiness Directive (AD) 2022-09- 18, which applied to all The Boeing Company Model 707, 717, and 727 airplanes; Model DC-8, DC-9, and DC-10 airplanes; Model MD-10 and MD-11 airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC- 9-87 (MD-87), and MD-88 airplanes; and Model MD 90-30 airplanes. AD 2022-09-18 required revising the limitations and operating procedures sections of the existing airplane flight manual (AFM) to incorporate specific operating procedures for, depending on the airplane model, instrument landing system (ILS) approaches, non-precision approaches, ground spoiler deployment, and go-around and missed approaches, when in the presence of interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD 2022-09-18, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. This AD requires revising the limitations and operating procedures sections of the AFM to incorporate specific operating procedures for, depending on the airplane model, ILS approaches, non-precision approaches, ground spoiler deployment, and go-around and missed approaches, due to the presence of 5G C-Band interference. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2022-04- 05, which applied to all The Boeing Company Model 757 and 767 airplanes. AD 2022-04-05 required revising the limitations and operating procedures sections of the existing airplane flight manual (AFM) to incorporate specific operating procedures for landing distance calculations, instrument landing system (ILS) approaches, non-precision approaches, speedbrake deployment, and go-around and missed approaches, when in the presence of interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD 2022-04-05, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band base stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. This AD requires revising the limitations and operating procedures sections of the existing AFM to incorporate specific operating procedures for landing distance calculations, ILS approaches, non-precision approaches, speedbrake deployment, and go- around and missed approaches, due to the presence of 5G C-Band interference. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2022-05- 04, which applied to all The Boeing Company Model 737-100, -200, -200C, -300, -400, -500, -600, -700, -700C, -800, -900, and -900ER series airplanes, except for Model 737-200 and -200C series airplanes equipped with a certain flight control system. AD 2022-05-04 required revising the limitations and operating procedures sections of the existing airplane flight manual (AFM) to incorporate specific operating procedures for instrument landing system (ILS) approaches, speedbrake deployment, go-arounds, and missed approaches, when in the presence of interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD 2022-05-04, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band base stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7- 3.98 GHz. This AD requires revising the limitations and operating procedures sections of the existing AFM to incorporate specific operating procedures for ILS approaches, speedbrake deployment, go- arounds, and missed approaches, due to the presence of 5G C-Band interference. The FAA is issuing this AD to address the unsafe condition on these products.

This notice announces a meeting of the TLTF.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on information collections pertaining to hazardous materials transportation for which PHMSA intends to request renewal and extension from the Office of Management and Budget. PHMSA published a 60-day comment period soliciting comments on these information collections in the Federal Register on March 22, 2023, and did not receive any comments.

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On March 24, 2023, FRA published a notice providing a 60-day period for public comment on the ICR.

On March 3, 2020, the Department announced the availability of a regulatory guidance portal to provide public access to the Department's guidance documents. This notice clarifies the reissuance date of FMCSA guidance published in FMCSA's guidance portal (``Guidance Portal'' or ``Portal'') as of March 3, 2020. This notice also clarifies the reissuance dates for guidance posted between March 4 and June 27, 2020, during the ``grace period.''

The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus SAS Model A330-200 series; A330-200 Freighter series; A330-300 series; A330-800 series; A330-900 series; A340-200 series; and A340-300 series airplanes. This proposed AD was prompted by reports of cracks found in the scroll housing assembly of Honeywell GTCP331-350 auxiliary power units (APUs). This proposed AD would require replacing each affected APU or re-identifying certain APU scroll housing assemblies, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit 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 United States Area Navigation (RNAV) route T-401 in the vicinity of Paynesville, CA.

The FAA proposes to supersede Airworthiness Directive (AD) 2022-18-12, which applies to all Airbus SAS Model A330-841 and -941 airplanes. AD 2022-18-12 requires installing serviceable engine electronic control (EEC) software or EEC units having the serviceable software, limiting certain parts installation configurations, and prior or concurrent modification of EEC software. Since the FAA issued AD 2022-18-12, there was a determination that engine crystal icing protection could be (temporarily) lost if an erroneous total pressure value is provided by the airplane system, which is addressed through EEC software. This proposed AD would continue to require certain actions in AD 2022-18-12 and would require adding new limitations for intermixing of certain EEC software standards and a new operational limitation for engines with certain EEC software installed, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit the installation of certain engines under certain conditions. The FAA is proposing this AD to address the unsafe condition on these products.

FMCSA issues final guidance, in response to a mandate in the Infrastructure Investment and Jobs Act (IIJA) to inform the public and regulated entities about FMCSA's interpretation of the definitions of ``broker'' and ``bona fide agents'' as it relates to all brokers of transportation by motor vehicle. FMCSA previously published a notice seeking public comment on the IIJA provision on June 9, 2022, and issued interim guidance on November 16, 2022. Today's notice makes updates to November 2022 guidance in response to the public comments the Agency received.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was prompted by a report that a design deficiency was discovered which could allow a no-back pawl to be incorrectly installed in a horizontal stabilizer trim actuator (HSTA). This AD requires a check for part number and serial numbers of the HSTA, and if necessary, inspection of the no-back pawl installation, and corrective action. The FAA is issuing this AD to address the unsafe condition on these products.

The FAA hereby provides notice of intent to release 14.6 acres at the Palatka MunicipalLt. Kay Larkin Field, Palatka, FL from the conditions, reservations, and restrictions as contained in a Quitclaim Deed agreement between the FAA and the City of Palatka, dated February 24, 1947. The release of property will allow the City of Palatka to use the property for other than aeronautical purposes. The property is located off of Reid Street at the Palatka MunicipalLt. Kay Larkin Field in Putnam County. The parcel is currently designated as surplus property. The property will be released of its federal obligations for the purpose of selling the property at fair market value for construction of municipal development. The fair market value of this parcel has been determined to be $169,000. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Palatka MunicipalLt. Kay Larkin Field and the FAA Airports District Office.

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. This collection involves the certification and operation of aircraft with seating capacity of 20 or more passengers, or maximum payload of 6,000 pounds or more, and includes the operator application requirements, maintenance requirements, and various operational requirements.

This action modifies the Class E airspace designated as a surface area, modifies the Class E airspace extending upward from 700 feet above the surface, and removes the Class E airspace extending upward from 1,200 feet above the surface at Pullman/Moscow Regional Airport, Pullman/Moscow, WA. Additionally, this action makes administrative amendments to update the airport's existing Class E airspace legal descriptions. These actions would support the safety and management of instrument flight rules (IFR) operations at the airport.

This action amends the Class D and Class E surface airspace and Class E airspace extending upward from 700 feet above the surface in Huntsville, AL, as the result of a biennial airspace evaluation. This action extends the Class E airspace extending upward from 700 feet above the surface surrounding Redstone Army Airfield (AAF) and Huntsville Executive Tom Sharp Jr. Field. The FAA will also update terminology in the Class D and Class E surface airspace descriptions for Redstone AAF.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Grand Coulee Dam Airport, Electric City, WA, in support of the airport's transition from visual flight rules (VFR) to instrument flight rules (IFR) operations.