Department of Transportation August 2011 – Federal Register Recent Federal Regulation Documents

NHTSA announces a meeting of NEMSAC to be held in the Metropolitan Washington, DC area. This notice announces the date, time and location of the meeting, which will be open to the public. The purpose of NEMSAC is to provide a nationally recognized council of emergency medical services representatives and consumers to provide advice and recommendations regarding Emergency Medical Services (EMS) to the U.S. DOT's NHTSA.

We are adopting a new airworthiness directive (AD) for certain M7 Aerospace LP Models SA226-T, SA226-T(B), SA226-TC, and SA226-AT airplanes. This AD requires repetitive replacement and inspection of certain elevator, rudder, aileron, and aileron-to-rudder interconnect primary control cables, and checking and setting of flight control cable tension. This AD was prompted by a report of a failure of a rudder control cable. We are issuing this AD to correct the unsafe condition on these products.

We propose to adopt a new airworthiness directive (AD) for certain SOCATA Model TBM 700 Airplanes. 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:

The FAA is issuing this notice to advise the public of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee.

The Federal Aviation Administration (FAA) proposes to fund, construct, and operate a new Airport Traffic Control Tower (ATCT) and Base Building at the Toledo Express Airport (TOL), Swanton, Ohio. The existing TOL ATCT and collocated Terminal Radar Approach Control facility are outdated and outmoded. The FAA's preferred alternative is to construct the ATCT at a location located near the airport terminal building and approximately 1,000 feet west of the existing ATCT facility. The purpose and need of the proposed project is to improve visibility of airport surfaces, provide adequate space to improve operational and administrative efficiency, increase the efficient functionality of the facility, and have the capability to meet future operational and administrative expansion requirements. The FAA has prepared a Draft Environmental Assessment (DEA) in conformance with the requirements of the National Environmental Policy Act of 1969 (NEPA) and FAA Order 1050.1E, Environmental Impacts: Policies and Procedures. The DEA analyzes the potential environmental impacts that may result from construction and operation of the proposed new ATCT and Base Building at the proposed site, as well as the no action alternative (i.e., not constructing and operating the ATCT). Ancillary actions that would be taken in order to maintain optimal operational characteristics include replacement of the current Runway 25 Localizer (LOC) antenna and shelter with a Mark 20 or Mark 20A LOC antenna and shelter, and relocation of the Runway 25 LOC antenna array to a location 1,070 feet outward from the Runway 07 threshold, relocation of the Moving Target Indicator reflector and the upgrade of electronics for the Runway 25 Glide Slope. The DEA is available for public review during a 30-day public comment period at Swanton Pubic Library, 305 Chestnut Street, Swanton, Ohio 43558.

The FAA is issuing this notice to advise the public of a meeting of EUROCAE WG-72: RTCA Special Committee 216: Aeronautical Systems Security (Joint Meeting).

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 219: Attitude and Heading Reference System.

The Federal Motor Carrier Safety Administration (FMCSA) issues regulatory guidance to clarify the appropriate and intended use of blank or incomplete documents under 49 CFR 375.501(d). Carriers may require shippers to sign incomplete, but not blank, documents so long as the omitted information is limited to: (1) The actual weight of the shipment, in the case of non-binding estimates; and (2) unforeseen charges incurred in transit. This guidance also clarifies that carriers may not require shippers to sign ``Revised Written Estimates,'' ``Rescissions of Old Estimate,'' or other documents authorizing the carrier to rescind an estimate unless the shipper and carrier mutually agree to amend the estimate, and the shipper signs a new estimate before the carrier loads the shipment.

In accordance with the Paperwork Reduction Act of 1995, PHMSA published a notice with request for comments in the Federal Register on June 9, 2011 (76 FR 33808) on an information collection under Office of Management and Budget (OMB) Control No. 2137-0622, titled ``Pipeline Safety: Public Awareness Program'' and received no comments. PHMSA is now forwarding the information collection request to the OMB and providing an additional 30 days for comments.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

In accordance with the Paperwork Reduction Act of 1995 (PRA), FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment. The FMCSA requests OMB approval to revise and extend an existing ICR entitled, ``Hours of Service (HOS) of Drivers Regulations.'' The HOS rules require most commercial motor vehicle (CMV) drivers to maintain in the CMV an accurate record of duty status (RODS) in either paper or electronic form. The Agency, effective June 4, 2010, authorized the use of electronic on-board recorders (EOBRs) to create driver RODS. This ICR estimates, for the first time, the PRA burden of motor carriers voluntarily directing their drivers to employ EOBRs. This ICR promotes safety in CMV operations by assisting motor carriers and enforcement officials in monitoring compliance with the HOS rules. On June 6, 2011, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR (76 FR 32388). One comment was received.

This notice announces the availability of funding and requests proposals for the Department of Transportation's National Infrastructure Investments. In addition, this notice announces selection criteria and pre-application and application requirements for the National Infrastructure Investments. On July 1, 2011 the Department of Transportation published an interim notice announcing the availability of funding for the Department of Transportation's National Infrastructure Investments, or ``TIGER Discretionary Grants,'' project selection criteria and pre- application and application requirements for these grants. The interim notice also requested comments on the project selection criteria and pre-application and application requirements. The Department considered the comments that were submitted in accordance with the interim notice and decided to make no substantive revisions to the interim notice based on those comments. However, the Department has decided to make minor revisions to the interim notice, to provide additional information to potential applicants on the project readiness characteristics that the Department considers when evaluating an application (see section I(b) and Appendix C). The Department has also updated the point-of-contact information for program staff that should be contacted with any questions regarding the application process for these grants. On April 15, 2011, the President signed the Full-Year Continuing Appropriations, 2011 (Div. B of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Pub. L. 112-010, Apr. 15, 2011)) (``FY 2011 Continuing Appropriations Act''). The FY 2011 Continuing Appropriations Act appropriated $526.944 million to be awarded by the Department of Transportation (``DOT'') for National Infrastructure Investments. This appropriation is similar, but not identical to the appropriation for the Transportation Investment Generating Economic Recovery, or ``TIGER Discretionary Grant'', program authorized and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act''), and the National Infrastructure Investments or ``TIGER II Discretionary Grant'' program under the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010 (``FY 2010 Appropriations Act''). Because of the similarity in program structure, DOT has referred to the grants for National Infrastructure Investments under the FY 2010 Appropriations Act as ``TIGER II Discretionary Grants''. Given that funds have now been appropriated for these similar programs in three separate statutes, DOT is referring to the grants for National Infrastructure Investments under the FY 2011 Continuing Appropriations Act simply as ``TIGER Discretionary Grants.'' As with the TIGER and TIGER II programs, funds for the FY2011 TIGER program are to be awarded on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area or a region. Through this notice, DOT is soliciting applications for TIGER Discretionary Grants. In the event that this solicitation does not result in the award and obligation of all available funds, DOT may decide to publish an additional solicitation(s).

This notice informs the public of FMCSA's Fiscal Year (FY) 2012 safety grant opportunities and FMCSA's projected application due dates. FMCSA announces these grant opportunities based on authorities provided for in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy of Users. The Agency will inform applicants if new authorizing legislation changes its grant programs for FY 2012 through a Federal Register notice. The 10 safety grant programs include the Motor Carrier Safety Assistance Program (MCSAP) Basic grants; MCSAP Incentive grants; New Entrant Safety Audit grants; MCSAP High Priority grants; Commercial Motor Vehicle (CMV) Operator Safety Training grants; Border Enforcement grants (BEG); Commercial Driver's License Program Improvement (CDLPI) grants; Performance and Registration Information Systems Management (PRISM) grants; Safety Data Improvement Program (SaDIP) grants; and the Commercial Vehicle Information Systems and Networks (CVISN) grants. It should be noted that FMCSA does not expect the Commercial Driver's License Information System (CDLIS) Modernization grants to be continued in reauthorization, and, therefore, FMCSA will not be soliciting applications for this grant program in FY 2012.

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) 2012, 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. The purpose of this notice is to announce the STEP implementation strategy for FY 2012 and to request suggested lines of research for the FY 2012 STEP via the STEP Web site at https://www.fhwa.dot.gov/hep/step/index.htm in anticipation of future surface transportation legislation.

This action proposes to establish Class D and E airspace at Frederick, MD, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Frederick Municipal Airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport.

We are adopting a new airworthiness directive (AD) for the products listed above. This 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:

FRA is amending its hours of service recordkeeping regulations, to add substantive hours of service regulations, including maximum on-duty periods, minimum off-duty periods, and other limitations, for train employees (e.g., locomotive engineers and conductors) providing commuter and intercity rail passenger transportation. The new substantive regulations require that railroads employing such train employees analyze and mitigate the risks for fatigue in the schedules worked by these train employees, and that the railroads submit to FRA for its approval the relevant schedules and fatigue mitigation plans. This final rule also makes corresponding changes to FRA's hours of service recordkeeping regulation, to require railroads to keep hours of service records and report excess service to FRA in a manner consistent with the new substantive requirements. This regulation is authorized by the Rail Safety Improvement Act of 2008.

PHMSA, in coordination with the Nuclear Regulatory Commission (NRC), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency (IAEA) publication ``Regulations for the Safe Transport of Radioactive Material, 2009 Edition, IAEA Safety Standards Series No. TS-R-1'' (hereafter referred to as TS-R-1). The purposes of this rulemaking are to harmonize requirements of the HMR with international standards for the transportation of Class 7 (radioactive) materials and update, clarify, correct, or provide relief from certain regulatory requirements applicable to the transportation of Class 7 (radioactive) materials.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2009 Dodge RAM 1500 Laramie Crew Cab trucks manufactured for the Mexican market (2009 Dodge RAM 1500 Mexican trucks), that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified version of the 2009 Dodge RAM 1500 Laramie Crew Cab trucks) and they are capable of being readily altered to conform to the standards.

The FHWA is issuing this notice to advise the public that a Supplemental Environmental Impact Statement (EIS) will be prepared to address operational and safety issues on three sections of Trunk Highway (TH) 60.

This action proposes to amend Class E airspace in the South Bend, IN area. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Jerry Tyler Memorial Airport, Niles, IN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. The geographic coordinates for South Bend Regional Airport also would be adjusted.

This action corrects the geographic coordinates in the regulatory text of a final rule that was published in the Federal Register June 2, 2011, amending Class D airspace at Cabaniss Navy Outlying Field (NOLF), Corpus Christi, TX.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 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.