Department of Transportation September 16, 2008 – Federal Register Recent Federal Regulation Documents

Early Scoping Notice for an Alternatives Analysis of Proposed Transit Improvements in the Harbor Subdivision Transit Corridor of Los Angeles, CA
Document Number: E8-21615
Type: Notice
Date: 2008-09-16
Agency: Federal Transit Administration, Department of Transportation
The Federal Transit Administration (FTA) and the Los Angeles County Metropolitan Transportation Authority (LACMTA) issue this early scoping notice to advise other agencies and the public that they intend to explore, in the context of the Council on Environmental Quality's early scoping process, methods of improving transit capacity and service in the Harbor Subdivision Transit Corridor of Los Angeles, California. The early scoping process is part of a planning Alternatives Analysis (AA) required by Title 49 United States Code (U.S.C.) Sec. 5309, that will lead to the selection of the alternatives that will be subject to the appropriate environmental process. Early scoping meetings have been planned and are announced below. The Harbor Subdivision Transit Corridor is approximately 35 miles in length and includes; 26.36 miles of the Harbor Subdivision that is owned by LACMTA (BNSF Railway currently has some freight operations on the ROW), approximately 2.5 miles to the north of the LACMTA-owned portion right-of-way that would provide the connection to downtown Los Angeles, and approximately 3.5-6 miles south of the LACMTA-owned portion of the right-of-way that would provide a possible connection to the Metro Harbor Transitway, Metro Blue Line, Port of Los Angeles Waterfront Red Car Line or any other destinations or transit facilities that would attract potential ridership. The Metro-owned Harbor Subdivision Line extends 26.36 miles from Harbor Junction at the north, near downtown Los Angeles just east of the intersection of Washington Boulevard and Santa Fe Avenue and Watson Yard at the south, in Wilmington just east of Pacific Coast Highway (U.S. Highway 1) and Alameda Street. The Harbor Subdivision connects or runs adjacent to major destinations and transportation hubs including Los Angeles International Airport (LAX), Metro Blue Line, Harbor Transitway and the Port of Los Angeles. The Corridor traverses twelve jurisdictions including the cities of Los Angeles, Vernon, Huntington Park, Inglewood, El Segundo, Hawthorne, Lawndale, Manhattan Beach, Redondo Beach, Torrance, Carson and the County of Los Angeles. As it passes through these communities, it traverses residential neighborhoods, commercial and warehousing districts and industrial areas including oil fields and refineries. LAX lies to the west of the rail line along Aviation Boulevard near Century Boulevard. The conclusion of the planning Alternatives Analysis is expected to be the selection of a set of alternatives by the LACMTA and the Southern California Association of Governments (SCAG), which is the official metropolitan planning organization for Los Angeles. The set of alternatives will then be the ``proposed action'' that are subject to an appropriate environmental review under the National Environmental Policy Act (NEPA). If the selected set of alternatives would have significant impacts, an environmental impact statement (EIS), combined with a California environmental impact report (EIR) would be initiated with a Notice of Intent in the Federal Register and distribution of a Notice of Preparation (NOP) required under the California Environmental Quality Act (CEQA). Public and agency scoping of the EIS/EIR would be conducted at that time. In particular, the purpose and need for the project, the range of alternatives to be considered in the EIS/EIR, the environmental and community impacts to be evaluated, and the methodologies to be used, would be subject to public and interagency review and comment, in accordance with 23 U.S.C. 139 and CEQA.
Final Policy Statement on FTA's School Bus Operations Regulations
Document Number: E8-21601
Type: Rule
Date: 2008-09-16
Agency: Federal Transit Administration, Department of Transportation
Through this notice, the Federal Transit Administration (FTA) clarifies its policy with respect to its interpretation of ``tripper service'' and ``school bus operations'' under 49 CFR part 605.
Auction Procedures for Allocating Slots at LaGuardia, John F. Kennedy International, and Newark Liberty International Airports
Document Number: E8-21592
Type: Notice
Date: 2008-09-16
Agency: Federal Aviation Administration, Department of Transportation
In accordance with rulemaking activity that is not yet complete, the FAA may use an auction to allocate leases for a certain number of slots at New York's three main airports: John F. Kennedy (JFK), Newark (EWR), and LaGuardia (LGA). If the FAA decides to conduct auctions, the number of slots to be allocated via auction will be specified in the final rule and may be supplemented by additional capacity and/or slots returned to the FAA. As specified in the proposed Congestion Management Rule for LaGuardia Airport and the proposed Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport, FAA anticipates, if the rule is adopted, conducting an auction of slot leases at these airports once a year over a five year period.\1\ The FAA expects to conduct the first auction, if any, on January 12, 2009. This auction will be for slots at LGA, JFK, and EWR. Only certificated U.S. aircraft operators or foreign airlines may participate in these auctions.\2\
FMCSA Policy on Considering the Preventability of Crashes in Administrative Review Requests of Hazardous Materials Safety Permit Denials Based Upon Crash Rates in the Top 30 Percent of the National Average Under 49 CFR 385.407
Document Number: E8-21563
Type: Rule
Date: 2008-09-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA may not issue a hazardous materials safety permit (safety permit) to a motor carrier that has a crash rate, driver, vehicle or hazardous material out-of-service rate in the top 30 percent of the national average pursuant to 49 CFR 385.407. This document provides notice of FMCSA policy that it will consider preventability when a motor carrier contests the denial of a safety permit based upon a crash rate in the top thirty percent of the national average and presents compelling evidence that one or more of the crashes listed in the Motor Carrier Management Information System (MCMIS) was not preventable and thus not reflective of the motor carrier's suitability to transport the type and quantity of hazardous materials that require a safety permit. Preventability is determined by the following standard: If a driver who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred, and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap, the accident was preventable. FMCSA currently uses this standard in evaluating accident factors under its safety rating process.
Comprehensive Safety Analysis 2010 Initiative
Document Number: E8-21561
Type: Notice
Date: 2008-09-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) announces a public listening session to obtain feedback from interested parties on the Agency's Comprehensive Safety Analysis 2010 (CSA 2010) initiative, a comprehensive review, analysis, and restructuring of FMCSA's current safety fitness determination process and enforcement programs. FMCSA will use the listening session to brief participants on the direction and progress of CSA 2010 and obtain feedback from its partners and stakeholders. FMCSA also requests comments on the CSA 2010 operational model described in this notice.
Change of Using Agency for Restricted Area R-3807, Glencoe, LA
Document Number: E8-21522
Type: Rule
Date: 2008-09-16
Agency: Federal Aviation Administration, Department of Transportation
This action changes the using agency of R-3807, Glencoe, LA, from ``USAF, Southeast Air Defense Sector, Tyndall AFB, FL,'' to ``Western Air Defense Sector (WADS), McChord AFB, WA.'' The FAA is taking this action in response to a request from the United States Air Force (USAF) to reflect an administrative change of responsibility for the restricted area. There are no changes to the boundaries; designated altitudes; time of designation; or activities conducted within the affected restricted area.
Commercial Space Transportation Advisory Committee-Open Meeting
Document Number: E8-21521
Type: Notice
Date: 2008-09-16
Agency: Federal Aviation Administration, Department of Transportation
Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a meeting of the Commercial Space Transportation Advisory Committee (COMSTAC). The meeting will take place on Thursday, October 30, 2008, starting at 8 a.m. at the Federal Aviation Administration Headquarters Building, 800 Independence Avenue, SW., Washington, DC, in the Bessie Coleman Conference Center, located on the 2nd Floor. This will be the forty-eighth meeting of the COMSTAC. The proposed agenda for the meeting will include discussions of the latest international commercial launch developments and their impact on the U.S. industry and ways that the FAA can help the industry internationally; a report on program activities of the FAA Office of Commercial Space Transportation; and COMSTAC working group reports. An agenda will be posted on the FAA Web site at https://ast.faa.gov. Meetings of the COMSTAC Working Groups (Technology and Innovation, Reusable Launch Vehicle, Risk Management, and Space Transportation Operations) will be held on Wednesday, October 29, 2008. For specific information concerning the times and locations of the working group meetings, contact the Contact Person listed below. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should inform the Contact Person listed below in advance of the meeting.
Value Pricing Pilot Program Participation, Fiscal Year 2009
Document Number: E8-21517
Type: Notice
Date: 2008-09-16
Agency: Federal Highway Administration, Department of Transportation
This notice invites State and local governments and other public authorities to apply to participate in the Value Pricing Pilot (VPP) program and presents guidelines for program applications. This notice supersedes three previous notices about the VPP program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) published in the Federal Register on January 6, 2006 (71 FR 970), July 17, 2006 (71 FR 40578), and December 22, 2006 (71 FR 77084). A January 6, 2006, notice covering non-grant tolling programs, which was a companion to the original January 6, 2006, VPP program notice, remains in effect. That notice was entitled ``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); Opportunities for States and Other Qualifying Agencies to Gain Authority to Toll Facilities Constructed Using Federal Funds'' (71 FR 965). Today's new notice and the previous companion notice covering non-grant tolling programs are together intended to cover all of the opportunities for States and other qualifying transportation agencies to obtain approval to toll their respective facilities.
Notice of Final Federal Agency Actions on Highway 199 Expressway Upgrade Project: Josephine County, OR
Document Number: E8-21357
Type: Notice
Date: 2008-09-16
Agency: Federal Highway Administration, Department of Transportation
This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Highway 199 Expressway Upgrade, in Josephine County, Oregon. Those actions grant approval for the project.
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