Department of Transportation December 26, 2013 – Federal Register Recent Federal Regulation Documents

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 16 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 that it has received an application from the International Association of Movers (IAM) for an exemption for all domestic freight forwarders which operate solely in the Department of Defense's (DOD) household goods (HHG) program from the $75,000 bond requirement at 49 CFR 387.403(c). FMCSA promulgated this requirement pursuant to Section 32918 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), now codified at 49 U.S.C. 13906. On September 5, 2013, FMCSA published guidance in the Federal Register concerning section 32918, and on October 1, 2013, the Agency published a final rule amending 49 CFR part 387 to set a minimum $75,000 surety bond/ trust fund requirement for brokers of property and freight forwarders. FMCSA requests comments from all interested parties on IAM's exemption request.

FMCSA announces that it has received an application from the Association of Independent Property Brokers and Agents (AIPBA) for an exemption for all property brokers and freight forwarders from the $75,000 bond provision included in section 32918 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), now codified in 49 U.S.C. 13906. AIPBA filed its request pursuant to 49 U.S.C. 13541. On September 5, 2013, FMCSA published guidance in the Federal Register concerning section 32918 and on October 1, 2013, the Agency published a final rule amending 49 CFR part 387 to set a minimum $75,000 surety bond/trust fund requirement for brokers of property and freight forwarders. FMCSA requests comments from all interested parties on AIPBA's exemption request.

We propose to revise airworthiness directive (AD) 2008-21-07 that applies to certain Dowty Propellers model R408/6-123-F/17 propellers. AD 2008-21-07 requires initial and repetitive inspections of the blade bonded metallic leading edge (L/E) guards for correct bonding until they accumulate more than 1,200 flight hours (FH) time in service. Since we issued AD 2008-21-07, Dowty Propellers has introduced updated service bulletins that identify terminating action to the requirements of AD 2008-21-07. This proposed AD would maintain the inspection and replacement requirements of AD 2008-21-07, provide an optional terminating action to those requirements, and add a new part number to the list of affected parts. We are proposing this AD to prevent the loss of the bonded metallic L/E guard of the propeller, which could result in damage to the propeller or to the airplane, or injury to personnel.

The Federal Transit Administration (FTA) announces the availability of approximately $3 billion in funds under the Public Transportation Emergency Relief Program and the Disaster Relief Appropriations Act of 2013 for States, local governmental authorities, tribal governments and other FTA recipients impacted by Hurricane Sandy, which affected mid-Atlantic and northeastern states in October 2012. This announcement solicits proposals for resilience projects, defined as those projects designed and built to address current and future vulnerabilities to a public transportation facility or system due to future occurrence or recurrence of emergencies or major disasters that are likely to occur in the geographic area in which the public transportation system is located; or projected changes in development patterns, demographics, or climate change and extreme weather patterns. For the purposes of this notice, ``public transportation'' may include consideration of intercity passenger rail service. This resilience funding is intended to protect public transportation infrastructure that has been repaired or rebuilt after Hurricane Sandy or that is at risk of being damaged or destroyed by a future natural disaster. These investments reduce the likelihood that U.S. taxpayers are asked to repair the same infrastructure after a future major storm or natural disaster. Furthermore, the activities funded under this notice will help strengthen and build more resilient communities to better withstand future disasters. The Disaster Relief Appropriations Act of 2013 was enacted on January 29, 2013, and provided $10.9 billion for FTA's Emergency Relief Program for recovery, relief and resilience efforts in areas affected by Hurricane Sandy with approximately $10.4 billion still available after implementation of the Balanced Budget and Emergency Deficit Control Act of 2011. FTA has previously allocated $5.7 billion for recovery and resilience projects to public transportation agencies impacted by Hurricane Sandy. Additionally, the Disaster Relief Appropriations Act of 2013 permits the Secretary to transfer up to $5.383 billion to other agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out resilience projects in areas impacted by Hurricane Sandy. Under this authority, DOT transferred $185 million to the Federal Railroad Administration (FRA). The Moving Ahead for Progress in the 21st Century Act (MAP-21) authorized the Emergency Relief Program at 49 U.S.C. 5324. With the authorization of this program, Congress provided FTA with primary responsibility for Federal reimbursements for emergency response and recovery costs after an emergency or major disaster that affects public transportation systems. The Emergency Relief Program allows FTA to make grants for eligible public transportation capital and operating costs in the event of a natural disaster, such as a hurricane, that affects a wide area, including projects to protect public transportation assets from damage. Beginning in late October 2012, President Obama issued major disaster declarations for specified counties in the following States: Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, and West Virginia, as well as the District of Columbia as a result of the impacts Hurricane Sandy and its remnants. Providers of public transportation in the affected areas as defined by these Presidential declarations are eligible to apply for funding for public transportation resilience projects. This notice includes a description of eligible projects, the criteria FTA will use to identify projects for funding, and a description of how to apply for funding. This announcement is available on the FTA Web site at: https://www.fta.dot.gov. A synopsis of the funding opportunity will be posted in the FIND module of the government-wide electronic grants Web site at https://www.GRANTS.GOV. FTA will announce final allocations in a Federal Register notice and on the FTA Web site.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), this notice announces that the Information Collection Request (ICR) abstracted below will be submitted to the Office of Management and Budget (OMB) for review. The ICR describes the nature of the information collection and its expected burden. A Federal Register Notice with a 60-day comment period soliciting public comments on the following information collection was published on September 5, 2013 (Federal Register/Vol. 78, No. 172/pp. 54729-54730).

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 92 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.

This Notice provides information to Federal, State, and local agencies, Native American tribes, and other interested persons regarding the FAA's intent to prepare an EIS that will evaluate the potential environmental impacts associated with the issuance of a Launch Site Operator License to Space Florida. Space Florida, an independent special district and a subdivision of the State of Florida, proposes to construct and operate a commercial space launch site (the ``Shiloh Launch Complex'') and two off-site operations support areas. The Shiloh Launch Complex would include two vertical launch facilities that would accommodate up to 24 launches per year (12 launches per vertical launch facility), as well as up to 24 static fire engine tests or wet dress rehearsals per year (12 static fire engine tests or wet dress rehearsals per vertical launch facility). The launch vehicles would include liquid fueled, medium- to heavy-lift class orbital and suborbital vehicles. In addition to the 24 launches per year, the first stage of the launch vehicle could return to and land at the Shiloh Launch Complex. The proposed commercial space launch site is located on the west side of Kennedy Parkway North (State Road [SR] 3), which straddles Brevard and Volusia counties, Florida. Space Florida would be required to apply for a Launch Site Operator License to be issued by the FAA. The FAA will prepare the EIS in accordance with the National Environmental Policy Act of 1969 (NEPA; 42 United States Code [U.S.C.] 4321 et seq.), the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), and FAA Order 1050.1E, Change 1, Environmental Impacts: Policies and Procedures, as part of its licensing process. Concurrent with the NEPA process, the FAA is initiating National Historic Preservation Act Section 106 Consultation to determine the potential effects of the Proposed Action on historic properties. The FAA will also consult with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act regarding potential impacts to federally-listed threatened and endangered species. Pursuant to the U.S. Department of Transportation Act of 1966, this EIS will comply with the requirements of Section 4(f).

The Board has approved the first quarter 2014 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The first quarter 2014 RCAF (Unadjusted) is 0.980. The first quarter 2014 RCAF (Adjusted) is 0.424. The first quarter 2014 RCAF-5 is 0.400.

According to data from FRA's Management Information System, the rail industry's random drug testing positive rate has remained below 1.0 percent for the last two years. FRA's Administrator has therefore determined that the minimum annual random drug testing rate for the period January 1, 2014, through December 31, 2014, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2014, through December 31, 2014. Railroads remain free, as always, to conduct random testing at higher rates.

This notice is to advise interested persons that PHMSA will conduct a public meeting for the Research and Development Forum to be held January 17, 2014, in Washington, DC. During this meeting, PHMSA will host the session to present the results of recently completed and current research projects. In addition, PHMSA will solicit comments relative to potential new research projects which may be considered for inclusion in its future work.

This action proposes to modify RNAV route T-265 in support of the O'Hare Modernization Project (OMP)/Chicago Airspace Project (CAP). This proposed action would insert a dogleg and re-align T-265 slightly to the west to provide appropriate lateral spacing from a new Rockford Airport Traffic Control Tower (RFD) and Chicago Terminal Radar Approach Control (C90) airspace boundary and to maintain the efficiency and safety of aircraft transitioning around the Chicago Class B airspace area.

As authorized by 46 U.S.C. 55108, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to make determinations permitting the use of a foreign launch barge in support of a Platform Jacket launch operation if no suitable coastwise qualified vessels are found to be available. A complete description of the process for determining the availability of coastwise qualified vessels for the transportation of Platform Jackets, including definitions and requirements, can be found at 46 CFR part 389. In order for MARAD to determine whether a suitable coastwise qualified vessel is available, this notice in the Federal Register requests that comments and information on the availability of coastwise qualified vessels for a Platform Jacket launch be submitted within 30 days of this notice's publication. Our goal is to provide a final determination within 90 days of the publication of this notice, unless a suitable coastwise qualified vessel operator comes forward with a vessel and additional time is needed for negotiation. If, after the comment period, we determine that a suitable coastwise qualified vessel is not available for the specific project requested, a determination of non-availability will be issued allowing a foreign launch barge to load, transport and launch the Platform Jacket.

This action proposes to establish Class E airspace at the Truth or Consequences VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Truth or Consequences, NM, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Albuquerque Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.

On August 20, 2013, NHTSA published a final rule requiring certain vehicle manufacturers to allow the secure electronic transfer of manufacturer recall data to NHTSA when a consumer submits VIN information to the agency's Web site for purposes of learning recall information about the vehicle. NHTSA will host a public meeting on the technical specifications that vehicle manufacturers will` need in order to support the VIN-based safety recalls look-up tool that will be housed on the NHTSA Web site www.safercar.gov. The purpose of this meeting is to discuss the details of the technical specifications, answer any technical concerns or questions, and hear feedback on the technical specifications.