Department of Transportation July 26, 2011 – Federal Register Recent Federal Regulation Documents

This notice amends FMCSA's June 29, 2011, notice announcing July and August, 2011, subcommittee meetings of the Agency's Motor Carrier Safety Advisory Committee (MCSAC). Because a final decision on the location for the August 1-2, 2011, MCSAC subcommittee meeting had not been made at the time the June 29, 2011, notice was published, the Agency amends the previous notice to provide that information. Also, in consideration of the complexity of the technical issues discussed by the subcommittee during the July 11-12, 2011, meeting, the meeting time is being extended on the first day of the August 1-2, 2011, meeting.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 8 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.

The FHWA is issuing this notice to advise the public that a Tier I Environmental Impact Statement (EIS) will be prepared for the proposed interstate conversion of U.S. Highway 41 in Milwaukee, Waukesha, Washington, Dodge, Fond du Lac, Winnebago, Outagamie, and Brown Counties, Wisconsin by WisDOT in conformance with 40 CFR part 1500 and the FHWA regulations. The Project: The FHWA, in cooperation with the WisDOT, will prepare a Tier 1 Environmental Impact Statement (EIS) for a proposal to convert U.S. Highway 41 (US 41) in Milwaukee, Waukesha, Washington, Dodge, Fond du Lac, Winnebago, Outagamie, and Brown Counties, Wisconsin, approximately 142 miles in length, from a principal arterial on the National Highway System to an Interstate Highway (IH). Under Sections 1304(b) and (c) of the Safe, Accountable, Flexible, Efficient, Transportation Equity ActA Legacy for Users (SAFETEA-LU) the 142-mile U.S. Highway 41 corridor between Interstate Route 94 via Interstate Route 894 and Highway 45 near Milwaukee and Interstate Route 43 near Green Bay was designated as a High Priority Corridor on the National Highway System and further, as a future part of the Interstate System. U.S. Highway 41 may be added to the Interstate System at such time as the Secretary determines that the segment meets the Interstate design standards in 23 U.S.C. 109(b). The proposed project is intended to address the requirements necessary to obtain FHWA concurrence to convert U.S. Highway 41 from a principal arterial to an Interstate Highway and officially sign the corridor as an Interstate facility. Improvements to upgrade the present US 41 corridor to interstate highway standards will be described in the Tier 1 EIS. The proposed improvements are intended to be environmentally sound. The proposed Tier 1 EIS project is intended to consider cumulative and indirect environmental impacts of the proposed IH system designation, including alternatives development and analysis. The Tier 1 environmental document will also inventory and document existing geometric, safety, operational and planning features, review existing geometric and safety standards and operational policy and standards, and determine the existing corridor's deficiencies as an Interstate facility. The Tier 1 EIS will be completed to a Record of Decision indicating a broad strategy for upgrading the existing corridor to IH standards. A scoping process will be initiated that involves all appropriate federal and state agencies. This will continue throughout the study as an ongoing process. A public information effort will be initiated in fall 2011 to include those agencies, local agencies, and private organizations and citizens who have previously expressed, or are known to have, interest in this proposal. This effort will also inform the public living in the study area. Public information meetings will be held across the study area to engage the regional community in the decision-making process and obtain public comment. In addition, public hearings will be held to present the findings of the Tier 1 EIS. Public notice will be given concerning the time and place of the informational meetings and public hearings. The Tier 1 EIS will be available for public and agency review and comment prior to the public hearings. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the Tier 1 EIS should be directed to FHWA or the Wisconsin Department of Transportation at the addresses provided under the heading FOR FURTHER INFORMATION CONTACT. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)

Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal agencies that the Northern Indiana Commuter Transportation District (NICTD) intends to transfer a parcel of property to the National Railroad Passenger Corporation (Amtrak), a corporation organized under the Rail Passenger Service Act, recodified 48 U.S.C. 24101 et seq., and the laws of the District of Columbia, and having its principal place of business at 60 Massachusetts Avenue, NE., Washington, DC 20002. Northern Indiana Commuter Transportation District currently owns the land. The property, which consists of 1.97 acres, is located at Amtrak South Bend Station, 2702 West Washington Street, South Bend, Indiana, 46628 and consists of approximately the following components: Station and Parking Lot Area of 1.13 acres, Undeveloped Land of 0.84 acres and Station Building of 5,890 square feet (the ``Property''). NICTD wishes to transfer ownership of the Property to Amtrak for Amtrak's continued use as their passenger station in South Bend, Indiana. Amtrak has used the Property since 1975 and wishes to continue to use it for an Amtrak station. NICTD has not used it since 1992. Because Amtrak seeks to make major renovations to the station to make it more usable for their passengers and Amtrak is the only entity using the Property, NICTD seeks to relinquish ownership of the Property to Amtrak.

On January 5, 2011, PHMSA published a final rule under Docket Number PHMSA-2009-0410 (HM-233B) that amended the Hazardous Materials Regulations to revise the application procedures for special permits. Specifically, the revisions required an applicant to provide additional information about its operation to enable the agency to better evaluate the applicant's ability to demonstrate an equivalent level of safety and the safety impact of operations that would be authorized in the special permit. In response to appeals submitted by entities affected by the January 5 final rule, this final rule amends requirements and provides additional clarification to the January 5 final rule.

This document advises the public of a recent decision by the Federal Aviation Administration (FAA) concerning the application of certain provisions of the regulations regarding fuel venting requirements.