Department of Transportation January 30, 2009 – Federal Register Recent Federal Regulation Documents
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Simplified Standards for Rail Rate Cases-Taxes in Revenue Shortfall Allocation Method
By a decision served on January 30, 2009, the Board directed the Association of American Railroads (AAR), and permitted other parties, to file supplemental evidence so that the Board has a full record on which to base its methodology to calculate a railroad- specific average state tax rate for use in the Revenue Shortfall Allocation Method (RSAM).
Common Law Tort Claims Concerning Design and Marking of DOT Specification 39 Compressed Gas Cylinders
Interested parties are invited to comment on an application by AMTROL, Inc., for an administrative determination as to whether Federal hazardous material transportation law preempts State common law tort claims alleging that the manufacturer of DOT specification 39 compressed gas cylinders should have designed the cylinders to resist rusting over time and/or provided additional warnings of the potential rusting over time, beyond requirements in the Hazardous Materials Regulations (HMR) for the manufacture, marking, and labeling of these cylinders.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD 2009 0004 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD 2009 0005 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009 0002 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009 0002 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.
NextGen Mid-Term Implementation Task Force
The FAA is issuing this notice to advise the public of a meeting of the NextGen Mid-Term Implementation Task Force.
Finding of No Significant Impact
The FAA participated as a cooperating agency with the U.S. Air Force (USAF) in preparation of the Environmental Assessment (EA) for the Falcon 1 and Falcon 9 Launch Vehicle Program (Falcon Launch Vehicle Program) at Cape Canaveral Air Force Station (CCAFS), Florida, November 2007. The Falcon Launch Vehicle Program is a commercial venture by Space Exploration Technologies, Inc. (SpaceX) to put spacecraft into orbit and supply the International Space Station (ISS) once the Space Shuttle is retired. The Proposed Action analyzed in the EA includes launching two space launch vehicles, the Falcon 1 and the Falcon 9 from Space Launch Complex (SLC) 40, while utilizing the Solid Motor Assembly and Readiness Facility (SMARF) building as a vehicle support facility, and the reentry and recovery of the Dragon reentry capsule in the ocean. The EA analyzed the environmental consequences of conducting up to twelve Falcon 1 launches per year and up to twelve Falcon 9 launches per year starting in 2008 for the next five years from SLC 40 at CCAFS. Two alternative locations, SLC 37 and 47, were considered for the launch of the Falcon vehicles. The EA also analyzed the environmental consequences of reentry/recovery of the Dragon reentry capsule. Additionally, the EA analyzed infrastructure improvements proposed at CCAFS to support the proposed launch activities. The USAF signed a Finding of No Significant Impact (FONSI) on December 21, 2007, which stated that the Proposed Action should not have a significant environmental impact on the human environment. SpaceX is required to obtain a launch license from the FAA to conduct launches of the Falcon 1 and Falcon 9 launch vehicles with commercial payloads. SpaceX also is required to obtain a reentry license from the FAA for the reentry of the Dragon capsule. The FAA is using the EA to support its environmental determination for a launch license for SpaceX to launch Falcon 1 and Falcon 9 vehicles at CCAFS and a reentry license for the Dragon capsule. From its independent review and consideration, the FAA has determined that the Proposed Action addressed in this FONSI, to issue a launch or reentry license for Falcon 1 and Falcon 9 launch vehicle activities, is substantially the same as the actions analyzed in the Falcon Launch Vehicle Program EA and that FAA's comments and suggestions have been satisfied (see 1506.3(c) and FAA Order 1050.1E, 518h). The FAA formally adopts the EA and hereby incorporates the analysis to support future decisions on license applications. After reviewing and analyzing currently available data and information on existing conditions, project impacts, and measures to mitigate those impacts, the FAA has determined that its action is not a Federal action that would significantly affect the quality of the human environment within the meaning of the National Environmental Policy Act (NEPA). Therefore, the preparation of an Environmental Impact Statement (EIS) is not required and the FAA is issuing this FONSI. The FAA made this determination in accordance with all applicable environmental laws. For a Copy of the EA or FONSI Contact: Questions or comments should be directed to Mr. Daniel Czelusniak; FAA Environmental Specialist; Federal Aviation Administration; 800 Independence Ave., SW.; AST-I00, Suite 331; Washington, DC 20591; (202) 267-5924.
Establishment of an Emergency Relief Docket for Calendar Year 2009
This Notice announces the establishment of FRA's emergency relief docket (ERD) for calendar year 2009. The designated ERD for calendar year 2009 is docket number FRA-2009-0009.
Placer Parkway Partially Revised Draft Tier I Environmental Impact Statement
The Federal Highway Administration (FHWA) is issuing this notice to advise the public of the availability of a Partially Revised Draft Tier 1 EIS for the Placer Parkway Corridor Preservation Project, a proposed transportation corridor in western Placer and eastern Sutter Counties, California. Specifically, the action being considered and evaluated is to select and preserve a 500- to 1,000-foot-wide corridor in the project study area, within which the future four- or six-lane Placer Parkway may be constructed. Placer Parkway is intended to reduce anticipated congestion on both the local and regional transportation system and to advance economic development goals in south Sutter County and southwestern Placer County. Five corridor build alternatives and a no-build alternative are evaluated in the Draft Tier 1 EIS. Although the Parkway would be designed and construction-level impacts analyzed during Tier 2, for the purpose of the Draft Tier 1 EIS, several assumptions have been made about potential design and configuration concepts. These assumptions would be subject to further development and refinement, and specific decisions about design of the roadway would be made during the Tier 2 process. The Parkway would be a high-speed, limited access roadway. Conceptually, interchanges would be located at SR 70/99 (at one-half mile north of Riego Road or at Sankey Road), one or two locations to be determined in southern Sutter County, Fiddyment Road, Foothills Boulevard, and SR 65 at Whitney Ranch Parkway. Access would be restricted for the 7-mile segment between Pleasant Grove Road and Fiddyment Road. The Draft Tier 1 EIS assumes no interchanges in this segment. Revisions to the Draft Tier 1 EIS and Additional Analyses in the Partially Revised Draft Tier 1 EIS: The Partially Revised Draft Tier 1 EIS serves as a supplement to the Draft Tier 1 EIS issued in June 2007, to reflect additional analyses developed since the publication of the prior draft. The Partially Revised Draft Tier 1 EIS provides revisions to the Draft Tier 1 EIS, including updates to farmland classification data and greenhouse gas emissions. It also includes additional analyses of growth inducement, secondary and indirect impacts and cumulative impacts based on hypothetical future scenarios prepared for the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. Public Review and Comment Period: Comments regarding the Partially Revised Draft Tier 1 EIS shall be accepted beginning on January 30, 2009 and must be submitted in writing by 5 p.m. on March 15, 2009 to Placer County Transportation Planning Agency (PCTPA) via regular mail to PCTPA, Attention: Celia McAdam, Executive Director, 299 Nevada St., Auburn, California 95603, or via e-mail to pctpa@pctpa.net.
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