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

The Department of Transportation (DOT) invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew information collection 2105-0529, Procedures for Transportation Drug and Alcohol Testing Program (ICR 2105-0529). The information to be collected will be used to document tests conducted and actions taken to ensure safety in the workplace and/or are necessary under the Omnibus Transportation Employee Testing Act of 1991, which requires DOT to implement a drug and alcohol testing program in various transportation-related industries. DOT is required to publish this notice in the Federal Register in accordance with the Paperwork Reduction Act of 1995.

The Moving Ahead for Progress in the 21st Century Act established the Surface Transportation Project Delivery Program (referred to as National Environmental Policy Act (NEPA) Assignment Program), allows a State to assume FHWA's environmental responsibilities for environmental review, consultation, and compliance under NEPA. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This is the third audit of the Arizona Department of Transportation's (ADOT) performance of its responsibilities under the NEPA Assignment Program. This notice announces and solicits comments on the third audit report for ADOT.

The FAA proposes to adopt a new airworthiness directive (AD) for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000-AE3, Trent 1000-CE3, Trent 1000-D3, Trent 1000-G3, Trent 1000-H3, Trent 1000-J3, Trent 1000-K3, Trent 1000-L3, Trent 1000-M3, Trent 1000-N3, Trent 1000-P3, Trent 1000-Q3, and Trent 1000-R3 engines. This proposed AD was prompted by a determination that certain intervals for visual inspection of the intermediate-pressure stage 8 (IP8) and high-pressure stage 3 (HP3) air transfer tubes and front bearing housing IP8 air feed tubes need to be reduced. This proposed AD would require initial and repetitive visual inspections of the IP8 and HP3 air transfer tubes and front bearing housing IP8 air feed tubes for cracking, damage, or air leakage wear, and replacement, if necessary, 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.

This action proposes to modify the Class E airspace extending upward from 700 feet above the surface and remove the Class E airspace extending upward from 1200 feet above the surface at Klawock Airport, Klawock, AK. Additionally, this action proposes administrative amendments to update the airport's existing Class E airspace legal description. These actions would support the safety and management of instrument flight rules (IFR) operations at the airport.

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 reports from the supplier that some overheat detection sensing elements of the bleed air leak detection system were manufactured with insufficient salt fill, which can result in an inability to detect hot bleed air leaks. This proposed AD would require revising the existing airplane flight manual (AFM) to include procedures to prevent takeoff with an active bleed air leak annunciated while on the ground. This proposed AD would also require testing the overheat detection sensing elements, marking each serviceable sensing element with a witness mark, and replacing each nonserviceable part with a serviceable part. This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.

The FAA is superseding Airworthiness Directive (AD) 2023-04- 16, which applied to certain Dassault Aviation Model FALCON 900EX airplanes. AD 2023-04-16 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2023-04- 16, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2023-04-16, and also 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.

FMCSA announces receipt of applications from two individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against operation of a commercial motor vehicle (CMV) by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope (transient loss of consciousness), dyspnea (shortness of breath), collapse, or congestive heart failure. If granted, the exemptions would enable these individuals with ICDs to operate CMVs in interstate commerce.

The FHWA and the State of Arizona, acting by and through its Department of Transportation (State), propose a second renewal of the State's participation in the State Assumption of Responsibility for Categorical Exclusions program. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act. This MOU would renew and continue the State's participation in the program. The renewed MOU will amend the existing MOU by incorporating the following changes: Including language to reference the State's responsibility to report project impacts to environmental justice populations; clarifying that this assignment applies to any action to which a CE is applicable including non-highway projects; and adding a reference to the Final April 2020 Programmatic Agreement Pursuant to Section 106 of the National Historic Preservation Act Regarding Implementation of Federal-Aid Transportation Projects in the State of Arizona (September 2020).

This notice announces a meeting of the TLTF.

The FAA is correcting a Notice of Proposed Rulemaking (NPRM) that published in the Federal Register. The NPRM proposed to issue an airworthiness directive (AD) that would apply to all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model RB211-Trent 800 engines. As published, the docket number referenced throughout the NPRM is incorrect. This document corrects that error. In all other respects, the original document remains the same; however, for clarity, the FAA is republishing the entire proposed rule in the Federal Register.

The FAA is adopting a new airworthiness directive (AD) for all Leonardo S.p.a. Model A119 and AW119 MKII helicopters. This AD was prompted by a report of an electrical failure of a starter-generator caused by a ruptured drive shaft. This AD requires visually inspecting the drive shaft of an affected starter-generator and depending on the results, performing a dye penetrant inspection. Depending on the results of the dye penetrant inspection, this AD requires replacing the starter-generator, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference (IBR). The FAA is issuing this AD to address the unsafe condition on these products.

The FHWA, in cooperation with the New York State Department of Transportation (NYSDOT), is issuing this notice to advise the public that we are rescinding the 2001 Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for a previous proposal to improve NYS Route 17 in Delaware County, New York (the Project, NYSDOT Project Identification Number [PIN] 9066.91). FHWA is rescinding the NOI because a substantial amount of time has passed since its original publication, and previously identified funding and design resources were reprioritized and reallocated to other needs, preventing the progression of the Project.

The FAA proposes to supersede Airworthiness Directive (AD) 2022-07-15, which applies to all Airbus SAS Model A318, A319, A320, and A321 series airplanes. AD 2022-07-15 requires replacing affected braking and steering control units (BSCUs) and revising the operator's existing FAA-approved minimum equipment list (MEL). Since the FAA issued AD 2022-07-15, a type 1 relay combined with an affected BSCU would induce BSCU freezing. This proposed AD would remove certain airplanes from the applicability, retain the requirements of AD 2022- 07-15, require an inspection for the relay type installed and replacement of type 1 relays with type 2 relays, and prohibit the installation of affected relays at certain locations, limit the installation of affected BSCUs on certain airplanes, and prohibit the installation of affected BSCUs for certain other airplanes, 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.

FMCSA announces receipt of applications from nine individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.

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. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on February 3, 2023. The collection involves information demonstrating that a launch or reentry operation involving human participants will meet the risk criteria and requirement to ensure public safety.

This action amends Class D and Class E airspace extending upward from 700 feet above the surface for Flagler Executive Airport, Palm Coast, FL. This action will increase the radius, update the airport's geographic coordinates, and amend verbiage in the Class D description.

This action amends United States Area Navigation (RNAV) route Q-445 by removing segments of the route from the PAACK, NC, waypoint (WP) to the SHAUP, OA, WP (i.e., OA means Offshore Atlantic). This amendment is required because those route segments are unused due to multiple other routes in the same area.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for an information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

To limit the growth of orbital debris, the FAA proposes to require that upper stages of commercial launch vehicles and other components resulting from launch or reentry be removed from orbit within 25 years after launch, either through atmospheric disposal or maneuver to an acceptable disposal orbit. Any artificial object left in orbit around the Earth which no longer serves a useful purpose can become a debris hazard in space. Orbital debris is all such human- generated debris in Earth orbit that is greater than 5 millimeters (mm) in any dimension. Collisions between and with orbital debris are a growing concern because prior to the establishment of the Inter-Agency Space Debris Coordination Committee (IADC) practices allowed these objects to accumulate in Earth orbit. Additionally, an increasing number of launch operators are launching assets into space at greater rates. If left unchecked, this accumulation can clutter useful orbits and present a hazard to operations on-orbit. This proposed rule would reduce the amount of additional debris created, as well as limit potential collisions with functional spacecraft and other debris already on-orbit.

The FAA proposes to supersede Airworthiness Directive (AD) 2009-01-02, which applies to certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. AD 2009-01-02 requires an inspection of frames between body station (BS) 360 and BS 907 to determine if certain support brackets of the air conditioning (A/C) outlet extrusions are installed, inspections for cracking of the frames around the attachment holes of the subject brackets, and repair if necessary. AD 2009-01-02 also requires installing new, improved fittings for all support brackets of the A/C outlet extrusions between BS 360 and BS 907. Since the FAA issued AD 2009-01-02, the agency determined that certain repairs might develop fatigue cracks that could result in the inability of the frame to sustain limit load and therefore must be inspected. This proposed AD would continue to require the actions specified in AD 2009-01-02 and would also require repetitive inspections for cracking of certain repairs and repair if necessary. The FAA is proposing this AD to address the unsafe condition on these products.

This action removes Very High Frequency (VHF) Omnidirectional Range (VOR) Federal airway V-314 in Maine because the route segments in Canada were cancelled by NAV CANADA. As a result, the remaining segments in Maine are no longer required for air traffic control (ATC) purposes.

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.

This action amends the Very High Frequency Omnidirectional Range (VOR) Federal airway V-388 between the Paradise, CA (PDZ), VOR/ Tactical Air Navigation (VORTAC) and the Palm Springs, CA (PSP), VORTAC navigational aids.

The Federal Transit Administration (FTA) announces the availability of and requests comments on a Programmatic Assessment of Greenhouse Gas Emissions from Transit Projects.