Department of Transportation June 27, 2012 – Federal Register Recent Federal Regulation Documents

FRA is issuing this notice to advise the public that it has granted the Washington Department of Transportation's (WSDOT) waiver request from the FRA Passenger Rail Investment and Improvement Act (PRIIA) Buy America requirement for the use of Vossloh 101-LV concrete ties in the Pacific Northwest Rail Corridor high-speed intercity passenger rail program funded by FRA grants. The waiver also covers three other high-speed intercity passenger rail projects being undertaken on BNSF Railway Company (BNSF) owned infrastructure in California, Texas and Illinois. The Vossloh 101-VL concrete rail ties are made in the United States but contain two components (dowel inserts and SKL-30 tension clamps) that are not manufactured in the United States. FRA has granted the waiver because dowel inserts and SKL-30 tension clamps that meet the BNSF's operational and safety needs are not produced in the United States. This waiver is conditioned on BNSF's good faith efforts to find a domestic source for the components and is time limited to two years after the effective date of this waiver or until Vossloh begins manufacturing the components in the United States, whichever occurs first.

This action proposes to modify Class E airspace at Lewistown Municipal Airport, Lewistown, MT. Controlled airspace is necessary to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Lewistown Municipal Airport, Lewistown, MT. The FAA is proposing this action to enhance the safety and management of aircraft operations at the airport.

The FMCSA announces a revision to the list of member motor carriers of the American Pyrotechnics Association (APA) that were granted an exemption from FMCSA's prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty, during the periods of June 28-July 8, inclusive, in 2011 and 2012. The exemption covered renewal of 53 APA-member motor carriers and added 9 new APA-member carriers. It allowed drivers of specified carriers who operate CMVs in conjunction with staging fireworks shows celebrating Independence Day to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour period. These drivers continue to be subject to the 11-hour driving time limit and the 60- and 70-hour weekly on-duty limits. This revision, requested by APA, removes 14 APA-member carriers that have either gone out of business or no longer require the exemption.

As stated in 49 CFR 385.407, in order for FMCSA to issue a hazardous materials safety permit (HMSP), a motor carrier must not have a crash rate, or driver, vehicle, or hazardous materials (HM) Out-of- Service (OOS) rate in the top 30 percentile of the national average. The current method for determining the qualifying crash and OOS rates under this rule, in effect since the inception of the HMSP program, utilizes two years of inspection data from FMCSA's Motor Carrier Management Information System (MCMIS) to calculate the OOS rates representing the top or worst-performing 30 percent of the national average. FMCSA has been recalculating the threshold crash and OOS rates every two years, using MCMIS data from the preceding two years. This notice of amendment explains the new methodology the Agency will begin to use to calculate the threshold crash rate and driver, vehicle, and HM OOS rates that qualify or disqualify a carrier for HMSP issuance. The revised methodology uses eight years of data from MCMIS (data from 2003 to 2010) to determine the national average for eligible crash and OOS thresholds that qualify for an HMSP. These rates will remain static rather than change every two years. The Agency decided that crash and OOS rates, which remain static over a longer period of time, will improve safety by providing a clearly identifiable standard for industry compliance and minimize the burden on motor carriers and the HM industry by allowing more appropriate measures that ensure eligibility for the HMSP. The calculations of crash and OOS rates in this notice of amendment will be implemented immediately and posted to FMCSA's Web site. These new static rates will remain in effect until further notice.

The FAA is issuing this Notice to advise the public that it has prepared a Final Environmental Impact Statement (FEIS) for a proposed new runway and associated facilities and improvements at the Taos Regional Airport, Taos, New Mexico. The FEIS reflects the Section 106 consultations between the FAA, the Taos Pueblo, Town of Taos, National Park Service, Advisory Council on Historic Preservation, New Mexico State Historic Preservation Officer (SHPO), and the New Mexico Department of Transportation regarding adverse effects on the Taos Pueblo World Heritage Site and other traditional cultural properties within the National Register Eligible Historic District associated with the Taos Pueblo. The FEIS also includes floodplain impact evaluations. The FAA is seeking comments on those sections of the FEIS that have been updated and/or contain information that has become available since the release of the DEIS. Please see the SUPPLEMENTARY INFORMATION section below for more information. The FAA is providing a thirty day (30) day FEIS review period. The FEIS review period begins on the date of the publication of this Notice of Availability in the Federal Register, and will close on July 30, 2012. The FAA must receive written comments on these subsections postmarked no later than July 30, 2012. Comments received after that date may not be considered by the FAA. All comments on the FEIS are to be submitted to Mr. Dean McMath of the FAA, at the address shown in the section below entitled, ``For Further Information or to Submit Comments''.

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.

We propose to adopt a new airworthiness directive (AD) for certain Saab AB, Saab Aerosystems Model 340A (SAAB/SF340A) and SAAB 340B airplanes. This proposed AD was prompted by reports of stall events during icing conditions which were not accompanied with a prior stall warning. This proposed AD would require replacing the stall warning computer (SWC) with a new SWC, and modifying the airplane for the replacement of the SWC. We are proposing this AD to prevent natural stall events when operating in icing conditions, which if not corrected may result in loss of control of the airplane.

The FHWA, on behalf of the California Department of Transportation (Caltrans), announces the availability of the Draft Environmental Impact Statement for a proposed highway project in Los Angeles County, California.

FMCSA announces receipt of applications from 10 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye.

FMCSA announces its decision to exempt seven 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 requirement in one eye. 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.