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

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 issuing this notice to advise the public that the comment period for the Draft Environmental Impact Report (EIR)/ Environmental Impact Statement (EIS) that has been prepared for the California High-Speed Train (HST) Project Fresno to Bakersfield Section (Project) has been extended and shall now end on October 13, 2011. This decision was made by the Authority and FRA in response to requests for an extension of the comment period. FRA is the lead federal agency and the California High-Speed Rail Authority (Authority) is the lead state agency for the environmental review process. The Authority plans to construct and operate a fully grade- separated, dedicated double-track, electric powered, passenger rail, high-speed railroad along a 114-mile corridor between Fresno and Bakersfield, CA. The Project includes stations in downtown Fresno and Bakersfield, and a possible Kings/Tulare Regional Station east of Hanford, CA. A heavy maintenance facility for assembly, testing, and commissioning of trains, train inspection and service, and train overhaul may be constructed in the Fresno to Bakersfield Section. The Draft EIR/EIS presents the Project's purpose and need, identifies all reasonable alternatives including track alignments, stations, and heavy maintenance facilities as well as the no action alternative, describes the affected environment, analyzes the potential environmental impacts of all the reasonable alternatives and the no action alternative, and identifies appropriate mitigation measures to minimize the potential environmental impacts.

On March 4, 2011, FRA published a notice of proposed rulemaking that would require certain railroads to develop a system for telephonic notification of unsafe conditions at highway-rail and pathway grade crossings. FRA is announcing a public hearing to provide interested persons an opportunity to provide comments on the proposal and to discuss further development of the regulation. The Rail Safety Improvement Act of 2008 requires the development and implementation of these telephonic notification systems.

The purpose of this notice is to announce a series of public listening sessions and workshops regarding the expansion of the Panama Canal and the America's Marine Highway Program. The meetings are being held to provide a forum for maritime industry stakeholders and the general public to present their views and concerns on critical issues that the U.S. Department of Transportation, Maritime Administration (MARAD) should consider in the development of its comprehensive study of the 2014 Panama Canal Expansion project and during its efforts to explore opportunities to incorporate America's Marine Highways into the National Transportation System. These meetings will be identical in terms of agenda and purpose; they are being held in different locations (San Francisco, CA and New York, NY) to maximize nationwide stakeholder participation. MARAD's study of the Panama Canal Expansion will evaluate the potential impacts of the expansion on U.S. ports and infrastructure. The study is being conducted in four defined phases that are designed to present considerations for policy, investment, and funding options as well as recommendations for policy changes that will favorably impact the overall shift in the Nation's trade patterns. Phase I of the study will include an examination of the history and development of the Panama Canal Expansion process and will present current data and information on Panama Canal's role in the U.S. trade market with the rest of the world. Phase II of the study will involve a more comprehensive data gathering and outreach effort that will include the subject stakeholder listening sessions, dissemination of a shipper survey, and one-on-one interviews with targeted maritime stakeholder groups. The final Phases of the study (Phase III and Phase IV) will involve identification of potential infrastructure expansion opportunities and development of a framework for which the U.S. Government may leverage the Panama Canal Expansion effort to optimize financial investments in U.S. ports and inland infrastructure. Expansion of the Panama Canal will require new capital investments in transportation infrastructure by both the private and public sectors. The size, location and timing of these investments will depend on how various stakeholders believe that global trade patterns, vessel operations, import and export flows, logistics support systems and port and land-side capacity will be re-configured to accommodate the larger vessels and increased capacity of the Panama Canal in a post-2014 operating environment. A wide variety of stakeholders may be potentially affected by decisions and policies that will be implemented by the U.S. Department of Transportation and MARAD as a result of this study. Each stakeholder has a particular set of perspectives and a highly unique set of information upon which they will base their own investment and operational responses to the Panama Canal Expansion. Moreover, there is a wide diversity of opinion on which ports, trade lanes, landside infrastructure and commodities will be affected by the expansion. Accordingly, stakeholder participation in the subject listening sessions and workshops is an essential part of the overall data collection and analysis effort for the study and will help support the agency's efforts to expand the use of America's Marine Highways. Discussion topics for the Panama Canal Expansion Study Listening Sessions will include: Impacts on the U.S. economy, trade patterns post-expansion, anticipated effects on East/West/Gulf Coasts and Inland ports, infrastructure development, and future bottlenecks as well as other related issues. Topics of discussions relating to the America's Marine Highways will include: corridors, connections and crossings, program projects and initiatives, intermodal connectivity, and public/ private partnerships.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 15, 2010. No comments were received.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on June 7, 2011 and comments were due by August 8, 2011. No comments were received.

PHMSA issues this safety advisory to notify the public of the unauthorized marking of certain of high- and low-pressure compressed gas cylinders, primarily fire extinguishers, by Atlas Fire Protection located at 7425 Sewells Point Road, Norfolk, VA.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 27, 2011, and comments were due by July 26, 2011. No comments were received.

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-2011-0113 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, 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.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under 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 reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

This action amends Class E airspace at Rutherfordton, NC. The Rutherford Non-Directional Beacon (NDB) has been decommissioned and new Standard Instrument Approach Procedures have been developed for Rutherford County-Marchman Field. This action also updates the geographic coordinates of the airport and changes the airport name. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

This action proposes to establish Class D and E airspace and amend existing Class E airspace at Brooksville, FL. to accommodate a new air traffic control tower at Hernando County Airport. Controlled airspace is necessary for the support of air traffic operations at Hernando County Airport and would enhance the safety and airspace management at the airport. This action also would make a minor adjustment to the geographic coordinates of the airport.

This action updates, simplifies, and streamlines the current regulations governing the procedures for bid protests brought against the FAA and contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early resolution process. This action ensures the regulations reflect the changes that have evolved since they were first implemented in 1999. The intended effect of this action is to further improve the protest and dispute process.

This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No Fear Act of 2002). It is the annual obligation for Federal agencies to notify all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Anti-discrimination and Whistleblower Protection Laws.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 19 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.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 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.

FMCSA announces its decision to exempt 13 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

DOT proposes to add a system of records relating to suspicious activity reporting to the list of DOT Privacy Act Systems of Records that are exempt from one or more provisions of the Privacy Act. Public comment is invited.

This NPRM is in response to a statutory mandate that FRA complete a rulemaking proceeding to develop a pilot program that permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates certain passenger rail service routes to petition FRA to be considered as a passenger rail service provider over such a route in lieu of Amtrak for a period not to exceed five years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008. The proposed rule would develop this pilot program in conformance with the statutory directive.

This rule 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.

This action establishes Class E Airspace at Copperhill, TN, to accommodate the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures serving Martin Campbell Field Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

The Environmental Protection Agency and the Department of Transportation published a final rule regarding labeling of cars and trucks with fuel economy and environmental information in the Federal Register on July 6, 2011 (76 FR 39478). An error in the amendatory instruction for Sec. 86.1867-12 inadvertently calls for the removal of paragraph (a)(3)(iv)(A) of that section. This rule revises the amendatory language for consistency with the regulatory text.

These special conditions are issued for the Dassault Falcon Model 900 and 900EX airplanes. These airplanes, as modified by Aviation Partners Incorporated (API), will have a novel or unusual design feature associated with the interaction of systems and structures regarding installation of an automated wing-load-alleviation system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. For the Dassault 900 and 900EX models with winglets, failure of the wing-load- alleviation system can result in a factor of safety (FS) below 1.5 as required. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

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