Department of Transportation May 2024 – Federal Register Recent Federal Regulation Documents

This notice provides program updates in Fiscal Year (FY) 2024, announces the Consolidated Appropriations Act, 2024, and full-year apportionments and allocations for grant programs, provides contract authority, and describes plans for several competitive programs.

FMCSA announces its decision to exempt 14 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have "no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV." The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

FMCSA announces its decision to exempt 11 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.

This document provides the public with notice that, on May 17, 2024, Metro-North Railroad (MNR) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP) in order to update its positive train control (PTC) Onboard Computer (OBC) to System Release 5.04.002. As this RFA may involve a request for FRA's approval of proposed material modifications to an FRA-certified PTC system, FRA is publishing this notice and inviting public comment on MNR's RFA to its PTCSP.

The Federal Aviation Administration published a notice in the Federal Register concerning a public meeting of the Advanced Aviation Advisory Committee (AAAC). The public meetings scheduled for June 11, 2024, and October 9, 2024, have been cancelled and will not be rescheduled. The notice is in the Federal Register on Friday May 24, 2024, in FR Document Number 2024-11440 on pages 45933-45934 (2 pages).

FMCSA corrects the notice published in the Federal Register on May 23, 2024, requesting comments on the application for exemption submitted by Covenant Transport Inc. and Landair Transport Inc., jointly doing business as Covenant Logistics. The notice contained two errors regarding the approximate number of drivers hired and number of drivers covered by the proposed exemption, which the Agency now corrects.

The FAA announces multiple meetings of the Aviation Rulemaking Advisory Committee (ARAC). This notice announces the date, time, and location of these meetings. The meetings will be "open to the public" meeting notice requirements. The purpose of ARAC is to provide information, advice, and recommendations to the Secretary of Transportation, through the FAA Administrator, concerning rulemaking activities, such as aircraft operations, airman and air agency certification, airworthiness standards and certification, airports, maintenance, noise, and training.

This notice announces two meetings of the TLTF.

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 new information collection. The collection involves creation of accounts, storage of training and awards history, and management of FAA Safety Team (FAASTeam) volunteers. The information to be collected will be used to and/or is necessary because it allows for individual users to complete and track their individual training and awards accomplishments and allows for contact information to be available to users for FAASTeam volunteers.

This document announces the availability of ASTM International (ASTM) consensus standards for use as an FAA-accepted means of compliance (MOC) to the applicable airworthiness standards for normal category airplanes. The FAA accepts ASTM F3264-23, "Standard Specification for Normal Category Aeroplanes Certification," with changes identified in this document.

The FAA proposes to adopt a new airworthiness directive (AD) for certain MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed AD was prompted by a report that the electrical harnesses in the overhead bin above the class divider may have insufficient or no separation with the class divider mounting plate. This proposed AD would require inspecting the overhead bin electrical harnesses at the class dividers, and modifying the class divider mounting plate assembly or accomplishing a temporary repair if necessary; and, eventually modifying the class divider mounting plate assembly if a modification was not done after accomplishing the inspection, as specified in a Transport Canada 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, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves applying for a repair station certificate, requesting amendments to the certificate, developing required programs and manuals, and maintaining employee qualification and training records. Additionally, repair stations located outside of the United States must apply to renew their FAA air agency certificate every two years. The information to be collected will be used to ensure applicants and certificate holders of FAA-issued repair station certificates use appropriate facilities and equipment, have sufficient processes and procedures, and use qualified personnel with appropriate training to perform maintenance, preventive maintenance, or alterations of aircraft, airframes, aircraft engines, propellers, appliances, or component parts.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) for a renewal of a currently approved information collection. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) summarized below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.

This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Akiachak Airport, Akiachak, AK. This action will support the airport's transition from visual flight rules (VFR) to instrument flight rules (IFR).

The Federal Railroad Administration (FRA) is issuing a waiver of its Buy America requirements to the Nevada Department of Transportation (NDOT) for high-speed rail components that are not produced in the United States for use in the Brightline West High-Speed Intercity Passenger Rail System between Las Vegas, NV and Rancho Cucamonga, CA (Project). FRA selected the Project for funding under the Federal-State Partnership for Intercity Passenger Rail Program (FSP Program), and therefore FRA's Buy America requirements apply to the Project. FRA's Buy America requirements include: FRA's statutory requirements, which require 100 percent of the manufactured products, steel, and iron used in an FRA-funded project to be produced in the United States; and the Build America, Buy America Act (BABA), which requires all construction materials used in the FRA-funded project to be produced in the United States. FRA is not waiving the applicable BABA requirements for construction materials, and therefore this waiver does not apply to the construction materials used in the Project. Brightline West, the project sponsor, has selected Siemens as its preferred rolling stock vendor, and requested that FRA proceed with finalizing the Buy America waiver request for the Siemens trains and other components as included in the previously submitted documentation. Therefore, FRA is waiving its requirements for the first two Siemens trainsets, car shells, signal systems, high-speed rail turnout, and fire alarm systems based on the domestic nonavailability of these components, as described in the proposed waiver. NDOT and Brightline West estimate that more than 95 percent of the total direct dollar expenditures for the Project will be spent on domestically sourced products and labor, including 100 percent of the civil infrastructure costs.

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.

This action modifies the Class D and Class E airspace designated as a surface area at McClellan-Palomar Airport, Carlsbad, CA. Additionally, this action makes administrative modifications to update the airport's existing Class D and Class E airspace legal descriptions. These actions will support the safety and management of instrument flight rules (IFR) and visual flight rules (VFR) operations at the airport.

The FAA announces the special class airworthiness criteria for the Archer Aviation, Inc. (Archer) Model M001 powered-lift. This document sets forth the airworthiness criteria the FAA finds to be appropriate and applicable for the powered-lift design.

In order to account for increased transport of hazardous materials as well as the burdens such transport places on first responders, PHMSA proposes overdue updates to the registration fees under the statutorily mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. PHMSA's proposal would increase the annual fee to be paid by those registrants qualifying as a small business or not-for-profit organization by $125 to $375 and by those registrants not qualifying as a small business or not-for-profit organization by $425 to $3,000. Actions such as fee adjustments are necessary to fund PHMSA's Hazardous Materials Emergency Preparedness grants program at newly authorized levels in accordance with the Infrastructure Investment and Jobs Act (Pub. L. 117-58). PHMSA also proposes to implement an electronic-only registration fee payment process. Finally, PHMSA proposes to revise requirements to clarify that a certificate of registration may be carried in either electronic or paper form for both motor carriers and those who transport hazardous materials by vessel.

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 the determination that reliance on design assurance level (DAL) D software for flight-critical fly-by-wire (FBW) rigging functions may result in undetected inaccurate positioning of the primary flight control surfaces. This AD requires the use of specific issues of the aircraft maintenance publication (AMP) for electrical rigging procedures, and an electrical rigging confirmation check of primary flight control surfaces for certain airplanes, 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.

This action amends the Class E airspace at Greenville, IL, and Vandalia, IL. This action is the result of an airspace review conducted due to the decommissioning of the Vandalia very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The geographic coordinates of the airports are also being updated to coincide with the FAA's aeronautical database. This action brings the airspace into compliance with FAA orders to support instrument flight rule (IFR) operations.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD- 500-1A11 airplanes. This proposed AD was prompted by reports that the pylon-to-wing area motive flow flexible fuel line assemblies may have been installed incorrectly. This proposed AD would require inspecting the motive flow flexible fuel line assemblies and corrective actions, as specified in a Transport Canada AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.

This notice announces the FAA's intent to designate Dennis Air Service Supplemental Type Certificate (STC) No. SA4-1306 as abandoned and make the related engineering data available upon request. The FAA has received a request to provide engineering data concerning this STC. The FAA has been unsuccessful in contacting Dennis Air Service concerning the STC. This action is intended to enhance aviation safety.