Department of Transportation May 9, 2016 – Federal Register Recent Federal Regulation Documents

Through this NOI, FRA announces its intent to jointly prepare an Environmental Impact Report (EIR) and Environmental Impact Statement (EIS) with the California High-Speed Rail Authority (Authority) for the San Francisco to San Jose Section of the California High-Speed Rail (HSR) System, Blended System Project (Blended System Project or Project). FRA invites the public and all interested parties to provide comments on the scope of the EIR/EIS, including the proposed purpose and need, the alternatives to consider, potential environmental impacts of concern, and methodologies for analysis of impacts. Through this NOI, FRA also rescinds its December 2008 NOI for the San Francisco to San Jose Section. FRA and the Authority will develop the EIR/EIS in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act of 1969 (NEPA). FRA and the Authority will hold scoping meetings and outreach activities as part of the NEPA/CEQA process. Federal cooperating agencies for the EIR/EIS are the Surface Transportation Board (STB) and the U.S. Army Corps of Engineers (USACE).

FMCSA announces its decision to deny applications from 7 individuals seeking exemptions from the Federal cardiovascular standard applicable to interstate truck and bus drivers and discusses the reasons for the denials. The Agency reviewed the medical information of each the individuals who applied for an implantable cardioverter defibrillator (ICD) exemption. Based on a review of the applications and following an opportunity for public comment, FMCSA has concluded that the 7 individuals in the notice did not demonstrate they could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Federal Transit Administration (FTA) to request the Office of Management and Budget (OMB) to renew the following information collection:

The Federal Transit Administration (FTA) is correcting a final rule that appeared in the Federal Register on March 16, 2016 (80 FR 14230). The document contained incorrect estimated total annual burden on respondents. This document corrects the estimated total annual burden hours for State Safety Oversight (SSO) Agencies and Rail Transit Agencies (RTA).

The American Pyrotechnics Association (APA), on behalf of its member companies, has requested additions to and deletions from the list of motor carriers previously granted exemptions for the 2015 and 2016 Independence Day fireworks shows. Fifty-one APA members currently hold such exemptions from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after the driver comes on duty. APA requests discontinuance of the exemption for 4 carriers, and new exemptions for 4 carriers, with the total therefore remaining at 51. The ``Fixing America's Surface Transportation Act'' (FAST Act) extended the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance. This notice therefore extends to July 8, 2020, the exemption for the 47 APA members approved in 2015 that wish to retain the exemption. Finally, FMCSA seeks comment on the applications of 4 APA members not previously exempted from the 14-hour rule. Because the FAST Act also authorized new exemptions for a period of up to 5 years, the Agency proposes to grant these 4 motor carriers exemptions that would run through July 8, 2020, and terminate at the same time as the other 47 exemptions. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.

FMCSA announces its decision to exempt nine individuals from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals to operate CMVs in interstate commerce.

FMCSA announces its decision to exempt eight individuals from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals to operate CMVs in interstate commerce.

FRA announces the sixth meeting of the NECSC, a Federal Advisory Committee mandated by section 212 of the Passenger Rail Investment and Improvement Act of 2008 (PRIIA). The NECSC is composed of stakeholders operating on the Northeast Corridor (NEC), and its purpose is to provide annual recommendations to the U.S. Secretary of Transportation. NECSC meeting topics will include the following: Maintenance-of-way fatigue, presentations on the NEC's future and NEC construction projects, Tier III passenger equipment rulemaking, the Confidential Close Call Reporting System (C\3\RS), Amtrak 160 mph waiver requests, split rail derails on track leading to the NEC, and a general discussion of safety issues.

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-300, -400, and -500 series airplanes. This AD was prompted by reports of fatigue cracking found at the left-side and right-side upper frames, at a certain area. This AD requires repetitive medium frequency eddy current (MFEC) inspections for cracking of the left-side and right-side upper frames, and repair (including open hole high frequency eddy current (HFEC) inspections for cracking of fastener holes) if necessary. This AD also provides an optional preventive modification, which terminates the repetitive inspections at the modified location. We are issuing this AD to detect and correct fatigue cracking of the upper frame, which can grow in size and result in a severed frame, leading to rapid decompression and consequent reduced structural integrity of the airplane.