Department of Transportation July 2, 2010 – Federal Register Recent Federal Regulation Documents

Guidance to States Regarding Driver History Record Information Security, Continuity of Operation Planning, and Disaster Recovery Planning
Document Number: 2010-16226
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) announces guidance to State driver licensing agencies (SDLAs) to support their efforts at maintaining the security of information contained in the driver history record of commercial driver's license (CDL) holders. Further, FMCSA provides States with recommendations related to continuity of operation and disaster recovery planning to ensure the permanence of information contained in the driver history record of a CDL holder. This action is in response to the Department of Transportation Office of the Inspector General's (OIG) 2009 report Audit of the Data Integrity of the Commercial Driver's License Information System (CDLIS).
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2010-16225
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt thirty-seven individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2010-16222
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt thirty-three individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.
State Responsibility for the Timely Reporting and Posting of Certain Convictions and Disqualifications Involving Commercial Driver's License Holders
Document Number: 2010-16218
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration announces guidance to State driver licensing agencies (SDLAs) to support their efforts at achieving compliance with the Federal Commercial Driver's license (CDL) rules concerning timely reporting and posting of convictions for traffic offenses. This action is in response to the Department of Transportation Office of the Inspector General's (OIG) 2009 report Audit of the Data Integrity of the Commercial Driver's License Information System (CDLIS).
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2010-16216
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from seventeen individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy (or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV)) from operating CMVs in interstate commerce. If granted, the exemptions would enable these individuals with seizure disorders to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Renewals; Vision
Document Number: 2010-16210
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 21 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2010-16180
Type: Notice
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Special Conditions: Boeing 757-200 With Enhanced Flight Vision System
Document Number: 2010-16166
Type: Rule
Date: 2010-07-02
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Boeing Model 757- 200 series airplanes. These airplanes, as modified by the Federal Express Corporation, will have an advanced, enhanced-flight-visibility system (EFVS). The EFVS is a novel or unusual design feature which consists of a head-up display (HUD) system modified to display forward- looking infrared (FLIR) imagery. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
Document Number: 2010-16159
Type: Rule
Date: 2010-07-02
Agency: Office of the Secretary, Department of Transportation
The Department of Transportation published a final rule authorizing the use of an updated Alcohol Testing Form with a mandatory start date of August 1, 2010. The Department subsequently learned the industry might not use all the forms by that mandatory use date. To avoid wasting the forms, the Department is extending the mandatory use date to January 1, 2011.
Solicitation of Applications and Notice of Funding Availability for Reducing the Effects of Traumatic Exposure to Grade Crossing and Trespasser Incidents on Train Crews
Document Number: 2010-16156
Type: Notice
Date: 2010-07-02
Agency: Federal Railroad Administration, Department of Transportation
Under this notice, FRA is soliciting applications from interested and responsible parties for a grant to assess the applicability of current knowledge about post traumatic interventions and to advance evidence-based recommendations for controlling the risks associated with traumatic exposure in the railroad setting.
Railroad Safety Appliance Standards, Miscellaneous Revisions
Document Number: 2010-16153
Type: Proposed Rule
Date: 2010-07-02
Agency: Federal Railroad Administration, Department of Transportation
FRA is proposing to amend the regulations related to safety appliance arrangements on rail equipment in a manner that is expected to promote the safe placement and securement of safety appliances on modern rail equipment by establishing a process for the review and approval of existing industry standards. This process will permit railroad industry representatives to submit requests for the approval of existing industry standards relating to the safety appliance arrangements on newly constructed railroad cars, locomotives, tenders, or similar vehicles in lieu of the specific provisions currently contained in part 231. It is anticipated that the proposed special approval process will further railroad safety. It will allow FRA to consider technological advancements and ergonomic design standards for new car construction and ensure that modern rail equipment complies with the applicable statutory and safety-critical regulatory requirements related to safety appliances while providing the
Temporary Closure of I-70 (I-70/I-465 West Leg Interchange to the I-70/I-65 South Split Interchange) on October 7, 2010, in Indianapolis, IN
Document Number: 2010-16094
Type: Notice
Date: 2010-07-02
Agency: Federal Highway Administration, Department of Transportation
The Indiana Department of Transportation (INDOT) has requested FHWA approval of INDOT's proposed plan to temporarily close a segment of I-70 (from the I-70/I-465 west leg interchange to the I-70/I-65 south split interchange) on October 7, 2010, for a 12-hour period from 6 a.m. to 6 p.m. The closure is requested to accommodate a concentrated I-70 beautification project sponsored by INDOT. The request is based on the provisions 23 CFR 658.11 which authorizes the deletion of segments of the federally designated routes that make up the National Network designated in Appendix A of 23 CFR Part 658 upon approval by the FHWA.
Buy America Waiver Notification
Document Number: 2010-16088
Type: Notice
Date: 2010-07-02
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the use of non domestic Gear-Motor Assembly with Horsepower 7.5, Output RPM 15, Torque 33011 in-lb, Voltage 220/460 and brakes torque 55.3 in-lb for rehabilitation of Federal-aid project FPID 415386-2-38-01; West Columbus Drive Bridge project in Tampa, Florida.
Buy America Waiver Notification
Document Number: 2010-16085
Type: Notice
Date: 2010-07-02
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic high strength steel bars ASTM A722M 150 ksi (1\7/8\ inches in diameter) for emergency repairs of broken eye bars on the San Francisco Oakland Bay Bridge in California. These emergency repairs did not require prior FHWA authorization. The California Department of Transportation (Caltrans) conducted a search and was not able to find a domestic source for the high strength steel bars ASTM A722M 150 ksi (1\7/8\ inches in diameter). As a result, Caltrans proceeded to utilize a foreign source for this product. Based on the emergency situation, and Caltrans' reasonable efforts to comply with Buy America, the FHWA concludes that a public interest waiver is appropriate for the use of non-domestic high strength steel bars for emergency repairs of broken eye bars on the San Francisco Oakland Bridge in California.
Buy America Waiver Notification
Document Number: 2010-16082
Type: Notice
Date: 2010-07-02
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the use of the non- domestic steel component of UNISTRUT fall arrest system, for replacement in kind on Stickel Bridge project no. BR-280-6(091) in New Jersey.
Amendment of Norton Sound Low and Control 1234L Offshore Airspace Areas; Alaska
Document Number: 2010-16076
Type: Rule
Date: 2010-07-02
Agency: Federal Aviation Administration, Department of Transportation
This action modifies the Norton Sound Low and Control 1234L Offshore Airspace Areas in Alaska. This action will lower the airspace floors to provide controlled airspace beyond 12 miles from the coast of the United States given that there is a requirement to provide Instrument Flight Rules (IFR) en route Air Traffic Control (ATC) services and within which the United States is applying domestic ATC procedures.
Airworthiness Directives; The Boeing Company Model 747-100B, 747-200B, 747-200F, 747-300, 747-400, 747-400F, and 747SP Series Airplanes Equipped with Rolls-Royce RB211-524 Series Engines
Document Number: 2010-16046
Type: Rule
Date: 2010-07-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Model 747-100B, 747-200B, 747-200F, 747-300, 747-400, 747-400F, and 747SP series airplanes. This AD requires repetitive detailed and high frequency eddy current inspections of the forward and aft sides of the strut front spar chord for cracks and fractures at each strut location, and corrective actions if necessary. This AD results from reports of cracks and fractures in the nacelle strut front spar chord assembly. We are issuing this AD to detect and correct cracks and fractures of the nacelle strut front spar chord assembly. Fracture of the front spar chord assembly could lead to loss of the strut upper link load path and consequent fracture of the diagonal brace, which could result in in- flight separation of the strut and engine from the airplane.
Minimum Levels of Financial Responsibility for Motor Carriers
Document Number: 2010-16009
Type: Rule
Date: 2010-07-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA amends its regulations concerning minimum levels of financial responsibility for motor carriers to allow Canada-domiciled motor carriers and freight forwarders to maintain, as acceptable evidence of financial responsibility, insurance policies issued by Canadian insurance companies legally authorized to issue such policies in the Canadian Province or Territory where the motor carrier or freight forwarder has its principal place of business. This final rule does not change the required minimum levels of financial liability coverage that all motor carriers and freight forwarders must maintain under the existing regulations. This final rule responds to a petition for rulemaking filed by the Government of Canada.
Surface Transportation Environment and Planning Cooperative Research Program (STEP)
Document Number: 2010-15949
Type: Notice
Date: 2010-07-02
Agency: Federal Highway Administration, Department of Transportation
Section 5207 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) established the Surface Transportation Environment and Planning Cooperative Research Program (STEP). The FHWA anticipates that the STEP or a similar program to provide resources for national research on issues related to planning, environment, and realty will be included in future surface transportation legislation. In Fiscal Year (FY) 2011, the FHWA expects to seek partnerships that can leverage limited research funding in the STEP with other stakeholders and partners in order to increase the total amount of resources available to meet the Nation's surface transportation research needs.
Airworthiness Directives; The Boeing Company Model 747-400, 747-400D, and 747-400F Series Airplanes
Document Number: 2010-15935
Type: Rule
Date: 2010-07-02
Agency: Federal Aviation Administration, Department of Transportation
We are adopting a new airworthiness directive (AD) for certain Model 747-400, 747-400D, and 747-400F series airplanes. For all airplanes, this AD requires installing new pump control and time delay relays, doing related investigative and corrective actions if necessary, and changing the wiring for the center and main fuel tank override/jettison fuel pumps; and, for certain airplanes, installing new relays and wiring for the horizontal stabilizer override/jettison fuel pumps. This AD also requires a revision to the maintenance program to incorporate Airworthiness Limitation No. 28-AWL-24 and No. 28-AWL- 26. For certain airplanes, this AD also requires installing an automatic shutoff system for the horizontal stabilizer tank fuel pumps and installing new integrated display system software. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent uncommanded operation of certain override/jettison pumps which could cause overheat, electrical arcs, or frictional sparks, and could lead to an ignition source inside a fuel tank. This condition, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; The Boeing Company Model 747-100, -200B, and -200F Series Airplanes
Document Number: 2010-15924
Type: Rule
Date: 2010-07-02
Agency: Federal Aviation Administration, Department of Transportation
The FAA is superseding an existing airworthiness directive (AD), which applies to certain Model 747-100, 747-200B, and -200F series airplanes. That AD currently requires inspections to detect cracking in the upper row of fasteners holes of the skin lap joints in the fuselage lower lobe, and repair if necessary. This new AD reduces the maximum interval of the post-modification inspections. This AD results from reports of fatigue cracking on modified airplanes. We are issuing this AD to detect and correct fatigue cracking in the longitudinal lap joints of the fuselage lower lobe, which could lead to the rapid decompression of the airplane and the inability of the structure to carry fail-safe loads.
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