Department of Transportation 2023 – Federal Register Recent Federal Regulation Documents

Ricon Corporation (Ricon) has determined that certain Ricon S- Series and K-Series platform lifts do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 403, Platform Lift Systems for Motor Vehicles. Based on Ricon's determination, Navistar, Inc., on behalf of IC Bus, LLC (Navistar), who installed the S-Series and K- Series platform lifts in their school and commercial buses, determined that model year (MY) 2013-2022 IC buses do not comply with FMVSS No. 404, Platform Lift Installation in Motor Vehicles. Ricon and Navistar, collectively referred to as the ``the petitioners,'' filed the appropriate noncompliance reports and subsequently petitioned NHTSA for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the receipt of the petitioner's petitions.

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 for a renewed information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 25, 2023. FAA received two comments to this notice. The collection involves a request that airplane operators subject to the applicability of Annex 16, Volume IV of the Convention on Civil Aviation (hereinafter the ``Chicago Convention'') submit electronically an Emissions Monitoring Plan (EMP), an annual Emissions Report (ER), and an optional annual ER CORSIA Eligible Fuels Annex (CEFA) to the FAA. The information to be collected is necessary because FAA will use the information to fulfill the United States' responsibilities under the Chicago Convention.

FMCSA announces that it has received an application from the state of Hawaii to exempt specified portions of the CDL skills test for drivers on the islands of Lanai and Molokai due to the lack of highway infrastructure to allow completion of the full skills test. Regulations require a CDL applicant to possess and demonstrate specific on-road safe driving skills, including the ability to choose a safe gap for changing lanes, passing other vehicles, and crossing or entering traffic and the ability to signal appropriately when changing direction in traffic. The state of Hawaii proposes to issue a restricted CDL to drivers who pass a limited CDL skills test in which the driver would not be required to demonstrate the ability to perform those on-road skills. FMCSA requests public comment on the applicant's request for exemption.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This proposed AD was prompted by analysis of certain monuments (the right- hand refreshment center and left-hand forward cabinet) that identified the need for installing structural reinforcements and replacing certain floor support rivets. This proposed AD would require installing structural reinforcements on certain monuments and replacing certain floor support rivets, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

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. This information collection (IC) is voluntary and may be utilized by medical examiners (ME) 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. One comment from the public was received in response to the 60-day Federal Register notice.

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 its review and approval and invites public comment. FMCSA requests approval to renew an ICR titled, ``Truck and Bus Maintenance Requirements and Their Impact on Safety'' will allow for a study that focuses on vehicle maintenance and aims to determine the impact of vehicle maintenance requirements on overall motor carrier safety. This information collection supports the DOT Strategic Goal of Safety.

This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by TxDOT pursuant to an assignment agreement executed by FHWA and TxDOT. These actions grant licenses, permits, and approvals for the US 380 Farmersville project, from County Road 560 to County Road 699 in Collin and Hunt Counties, Texas.

The FAA is considering a proposal to change 54.42 acres of airport land from aeronautical use to non-aeronautical use and to authorize the sale of airport property located at Dayton-Wright Brothers Airport, Dayton, OH. The aforementioned land is not needed for aeronautical use. The land is located in the northeast part of the airport, east of Runway 2/20 and south of Austin Boulevard. The property is currently vacant with no current or proposed aeronautical use. The City proposes to sell the land to be developed for light manufacturing or commercial office use.

Mack Trucks, Inc., (Mack Trucks), has determined that certain model year (MY) 2015-2023 Mack GU/GR Class 8 trucks and truck-tractors do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. Mack Trucks filed an original noncompliance report dated November 1, 2022, and amended the report on November 3, 2022. Mack Trucks petitioned NHTSA on November 23, 2022, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This document announces the denial of Mack Trucks' petition.

Volkswagen Group of America, Inc. (Volkswagen or the ``Petitioner'') has determined that certain model year (MY) 2019 and 2021 Audi motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 135, Light Vehicle Brake Systems. Volkswagen filed noncompliance reports dated March 27, 2019, and July 26, 2021. Volkswagen petitioned NHTSA (the ``Agency'') on April 17, 2019, and August 25, 2021, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces the denial of Volkswagen's petitions.

On July 25, 2023, North County Transit District (NCTD) submitted a request to field test its new Crash Energy Management (CEM) Bi-Level cab cars that have been equipped with NCTD's Interoperable Electronic Train Management System (I-ETMS) technology as part of its positive train control (PTC) system. FRA published a notice inviting public comment on NCTD's request to test its PTC system, with the initial comment period closing on August 30, 2023. This document provides the public with notice that FRA is extending the comment period on NCTD's test request from August 30, 2023, to October 10, 2023.

On May 31, 2023, FRA published an NPRM proposing to require railroads to develop written programs for certifying dispatchers and to submit those written certification programs to FRA for approval prior to implementation. On July 5, 2023, FRA published a notice extending the comment period by 30 days. By this notice, FRA is extending the NPRM's comment period by an additional 15 days.

The Federal Aviation Administration (FAA) announces additional findings for the noise compatibility program submitted by the Port Authority of New York and New Jersey for EWR, see SUPPLEMENTARY INFORMATION for details. On January 15, 2019, the FAA determined that the noise exposure maps submitted for EWR were in compliance with applicable requirements. On August 19, 2022, the FAA determined that the noise compatibility program submitted for EWR would be initiating final review for approval or disapproval. On February 15, 2023, the FAA approved the EWR noise compatibility program with the issuance of a Record of Approval. The noise compatibility program contained 28 recommended measures, including 13 noise abatement measures, three land use measures, and 12 program management measures. Of the measures proposed, 15 were approved, two were approved as voluntary, two were partially approved as voluntary and partially disapproved, five were disapproved, and one was determined to have no FAA action as continuations of existing mandatory practices at EWR. Three measures contained in the noise compatibility program were noise abatement procedures that required additional consultation with the FAA Air Traffic Organization. Additionally, following issuance of the Record of Approval on February 15, 2023, the Port Authority requested that the FAA revisit the decision for Noise Abatement Measure 6, indicating that the rationale for disapproval originally provided contained an error. On August 14, 2023, the FAA issued a Supplemental Record of Approval for the EWR noise compatibility program regarding these four noise abatement measures. The Supplemental Record of Approval disapproves the three measures upon which No Action was taken with the February 15, 2023 Record of Approval and revises the decision on Noise Abatement Measure 6 from disapproved to approved.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens.

FMCSA announces its decision to renew exemptions for 11 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.

FMCSA announces its decision to exempt 12 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce.

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 reports of the main landing gear (MLG) aft door not opening when using the alternate extension system. This AD requires a one-time inspection of the spring box assembly, repetitive inspections of the cam assembly and alternate release cable assembly, corrective actions if necessary, and a replacement of certain alternate release cable assemblies. In addition, this AD requires certain aircraft maintenance manuals tasks when installing the cam assembly or alternate release cable assembly. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.

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.

The Federal Transit Administration (FTA), as lead Federal agency, and Metropolitan Council (Council), as local project sponsor and joint lead agency, issue this notice to advise the public that they intend to prepare a Supplemental Environmental Impact Statement (SEIS) for the METRO Blue Line Extension light rail transit (LRT) project (Project) pursuant to the National Environmental Policy Act (NEPA). The Project would extend the Blue Line LRT approximately 13.5 miles from Target Field in downtown Minneapolis to the northwest, serving north Minneapolis and the suburbs of Robbinsdale, Crystal, and culminating in Brooklyn Park.

On March 22, 2022, PHMSA announced an initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ). On December 9, 2022, PHMSA finalized the first set of FAQ and announced the topic for the next FAQ. This notice contains the second set of FAQ.

The FAA is adopting a new airworthiness directive (AD) for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. This AD was prompted by reports of mechanical wear damage found on the engine fuel feed system tubes and fuel tube connections. This AD requires repetitive inspections of the fuel feed system for damage, and replacement if necessary, 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.

On July 21, 2023, Terry W. Fischer (Fischer) and TKRG Holdings Inc. (TKRG) (collectively, Applicants) filed an application to acquire from Daniel K. Smith and Sandra S. Allen (Individual Sellers) and New Holdco, a to-be-formed California corporation, control of all the outstanding equity interests of Royal Coach Tours (Royal), a passenger motor carrier. The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.

The Maritime Administration (MARAD) invites public comments on our intention to request the Office of Management and Budget (OMB) approval to renew an information collection in accordance with the Paperwork Reduction Act of 1995. The proposed collection OMB 2133-0546 (Generic Clearance of Customer Satisfaction Surveys) is used to obtain feedback about customer service delivery. We are required to publish this notice in the Federal Register to obtain comments from the public and affected agencies. A 60-day Federal Register Notice soliciting comments on this information collection was published on June 6, 2023.