Department of Transportation March 2009 – Federal Register Recent Federal Regulation Documents

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under the procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

In a notice of proposed rulemaking published on May 2, 2008, proposing Corporate Average Fuel standards for model years 2011-2015, NHTSA set forth its previously stated view regarding preemption under the Energy Policy and Conservation Act of State standards regulating carbon dioxide emissions from motor vehicle tailpipes and proposed to include a summary statement of those views in the Code of Federal Regulations. However, in a January 26, 2009 memorandum requesting that NHTSA complete its rulemaking in two phases, the President further requested the agency to reconsider its views. In accordance with that request, NHTSA will re-examine the issue of preemption in the context of its forthcoming rulemaking to establish Corporate Average Fuel Economy standards for model year 2012 and later years.

FMCSA announces receipt of applications from 17 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant an exemption to Greyhound Lines, Inc. (Greyhound) that will enable video event recorders to be mounted on its buses lower in the windshield than is currently permitted by the Agency's regulations. Greyhound requested the exemption so that it would be able to use the video event recorders to increase safety through (1) identification and remediation of risky driving behaviors such as distracted driving and drowsiness; (2) enhanced monitoring of passenger behavior; and (3) enhanced collision review and analysis. FMCSA believes that permitting these devices to be mounted lower than currently allowed, but still outside the driver's sight lines to the road and highway signs and signals, will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.

This notice announces actions taken by FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the SR 99 S. Holgate Street to S. King Street Viaduct Replacement Project, in the State of Washington. Those actions grant licenses, permits, and approvals for the project.

On September 30, 2008, the Maritime Administration published the final rule in this docket to implement provisions of the Energy Independence and Security Act of 2007 and amend the definition of a ``qualified vessel'' under the Capital Construction Fund. The final rule was published with an effective date of the date of publication. Prior to publication, we inadvertently failed to submit the rule to Congress and the General Accounting Office (GAO), as required by the Congressional Review provisions in the Small Business Regulatory Enforcement Fairness Act (SBREFA). Therefore, the rule was not applicable on the date of publication.

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-2009-0021 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.

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-2009-0020 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.

We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

This establishes, amends, suspends, or revokes 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 safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The Department of Transportation published the new Air Carrier Access Act (ACAA) rule in the Federal Register on Tuesday, May 13, 2008 (73 FR 27614). This document corrects editorial errors or omissions and clarifies ambiguities in the preamble, rule text and appendix of the final rule.

This notice provides information regarding the FHWA's finding that a Buy America waiver is appropriate for the span lock linear electric actuators used in rehabilitation of the Robert Moses causeway NB and SB structures in New York.

FRA announces the thirty-eighth meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics will include opening remarks from the FRA Acting Deputy Administrator, and status reports will be provided by the following Working Groups: Positive Train Control, Hours of Service, Passenger Safety, Locomotive Safety Standards, Railroad Bridge Safety, Medical Standards, Railroad Operating Rules, and Track Safety Standards. The Committee may be asked to approve recommendations concerning a final rule on revision of recordkeeping and reporting requirements for hours of service of safety-critical railroad employees. The Committee may be asked to approve a proposed rule on Railroad Bridge Safety and to consent to a mail ballot on recommendations for a proposed rule on Positive Train Control. The Committee may also be asked to accept a Task concerning hours of service for train, engine and yard employees of intercity and commuter passenger railroads. This agenda is subject to change, including the possible addition of further proposed tasks under the Rail Safety and Improvement Act of 2008.

The FAA is issuing this notice to advise the public of a meeting of the NextGen Mid-Term Implementation Task Force.

This notice is to advise the public that FRA and the California High Speed Rail Authority (Authority) will jointly prepare a project Environmental Impact Statement (EIS) and project Environmental Impact Report (EIR) for the Merced-to-Bakersfield section of the Authority's proposed California High-Speed Train (HST) System in compliance with relevant State and Federal laws, in particular the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). In 2001, the Authority and FRA started a tiered environmental review process for the HST system and in 2005, completed the first tier California High Speed Train Program EIR/EIS and approved the statewide HST system for intercity travel in California between the major metropolitan centers of Sacramento and the San Francisco Bay Area in the north, through the Central Valley, to Los Angeles and San Diego in the south. The approved HST system would be about 800-miles long, with electric propulsion and steel-wheel-on-steel-rail trains capable of operating speeds of 220 miles per hour (mph) on a dedicated system of fully grade-separated, access-controlled steel tracks and with state- of-the-art safety, signaling, communication, and automated train control systems. In approving the HST system, the Authority and FRA also selected preferred corridor alignments and station location options throughout most of the system. In 2008, the Authority and FRA completed a second program EIR/EIS to evaluate alignments and station locations within the broad corridor between and including the Altamont Pass and the Pacheco Pass to connect the Bay Area and Central Valley portions of the HST system. The Authority and FRA selected the Pacheco Pass with San Francisco and San Jose termini network alternative, as well as preferred corridor alignments and station location options. The selected alignment uses the Union Pacific (UPRR) railroad corridor through the portion of the Central Valley from just north of Madera to just south of Stockton and the Burlington Northern Santa Fe (BNSF) alignment from Madera to Bakersfield, as selected with the Statewide Program EIR/EIS. The preparation of the Merced to Bakersfield HST Project EIR/EIS will involve development of preliminary engineering designs and assessment of environmental effects associated with the construction, operation, and maintenance of the HST system, including track, ancillary facilities and stations, along the preferred alternative corridors from Merced to Bakersfield.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' demote a modification request. There applications have been separated from the new application for special permits to facilitate processing.

The FAA is adopting a new airworthiness directive (AD) for certain Airbus Model A321-131 airplanes. This AD requires repetitive ultrasonic inspections to detect cracks in the wing inner rear spars at the attachment holes of the Main Landing Gear (MLG) forward pintle fitting, the actuator cylinder anchorage fitting, and rib 5 fitting; and repair of the sealant or repair of any crack. This AD results from a finding that certain A321-131 airplanes may not reach the design life goal due to differences in thickness of the inner rear spars and that fatigue cracks may develop on inner rear spars starting from the fastener holes for the attachment of gear rib 5, the forward pintle fitting, and the actuating cylinder anchorage on these airplanes. We are issuing this AD to detect and correct such fatigue cracks, which could result in reduced structural integrity of the airplane.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 200F, 747-300, 747-400, 747SR, and 747SP series airplanes. This AD requires inspecting for skin cracks at the shear tie end fastener locations of the fuselage frames, and repairing cracks if necessary. This AD results from a wide-spread fatigue damage assessment of Model 747 airplanes. We are issuing this AD to detect and correct cracks in the fuselage skin that can propagate and grow, resulting in a loss of structural integrity and a sudden decompression of the airplane during flight.

We are adopting a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model EC 155B and EC155B1 helicopters. This AD results from mandatory continuing airworthiness information (MCAI) issued by the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community. The MCAI states that ``the Airworthiness Directive (AD) is prompted by the discovery of a short circuit evidence in hoist connector ``24 Delta'' even though the hoist was removed from the rotorcraft. The short circuit generated sufficient heat to ignite the paint on the cooler support cowling near the hoist cut-off connector ``24 Delta.'' This condition, if not corrected, could result in a fire in this area which could propagate to surrounding zones.'' This AD requires actions that are intended to address this unsafe condition.