Department of Transportation September 23, 2016 – Federal Register Recent Federal Regulation Documents

Reports, Forms, and Record Keeping Requirements
Document Number: 2016-23013
Type: Notice
Date: 2016-09-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
Before a Federal agency may 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 reinstatements of previously approved collections. This document describes a collection of information for which NHTSA intends to seek OMB approval.
NHTSA Enforcement Guidance Bulletin 2016-02: Safety-Related Defects and Automated Safety Technologies
Document Number: 2016-23010
Type: Notice
Date: 2016-09-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
Automotive technology is at a moment of rapid change and may evolve farther in the next decade than in the previous 45-plus year history of the Agency. As the automobile industry moves toward fully automated (self-driving) vehicles and other innovative mobility solutions, NHTSA seeks to facilitate the advance of automated technologies that currently present safety improvements and that, in the future, are likely to improve safety and decrease the number of crashes, traffic fatalities, and serious injuries on U.S. roadways. NHTSA is commanded by Congress to protect the safety of the driving public against unreasonable risks of harm that may occur because of the design, construction, or performance of a motor vehicle or motor vehicle equipment, and to mitigate risks of harm, including risks that may be emerging or contingent. As NHTSA has always done when evaluating new vehicle technologies, the Agency will be guided by its statutory mission, the laws it is obligated to enforce, and the benefits of the emerging automated safety technologies appearing on U.S. roadways. NHTSA has broad enforcement authority under existing statutes and regulations to address existing and emerging automated safety technologies. This Enforcement Guidance Bulletin sets forth NHTSA's current views on its enforcement authorityincluding its view that when vulnerabilities in automated safety technology or equipment pose an unreasonable risk to safety, those vulnerabilities constitute a safety-related defectand suggests guiding principles and best practices for motor vehicle and equipment manufacturers in this context.
Proposed Agency Information Collection Activities; Comment Request
Document Number: 2016-22995
Type: Notice
Date: 2016-09-23
Agency: Federal Railroad Administration, Department of Transportation
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks renewal of the following currently approved information collection activities. Before submitting the information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified in this notice.
Request for Comment on “Federal Automated Vehicles Policy”
Document Number: 2016-22993
Type: Notice
Date: 2016-09-23
Agency: National Highway Traffic Safety Administration, Department of Transportation
NHTSA invites public comment on the document, ``Federal Automated Vehicles Policy.'' This document is intended as a starting point that provides needed initial guidance to industry, government, and consumers. It will necessarily evolve over time, changing based on public comment; the experience of the agency, manufacturers, suppliers, consumers, and others; and/or further technological innovation. NHTSA intends to revise and refine the document within one year, and periodically thereafter, to reflect such public input, experience, and innovation, and will address significant comments received in the next revision of this document.
Genesee & Wyoming Inc.-Acquisition of Control Exemption-Providence and Worcester Railroad Company
Document Number: 2016-22985
Type: Notice
Date: 2016-09-23
Agency: Surface Transportation Board, Department of Transportation
Hours of Service of Drivers; Parts and Accessories: ArcelorMittal Indiana Harbor, LLC, Application for Exemptions
Document Number: 2016-22963
Type: Rule
Date: 2016-09-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant ArcelorMittal Indiana Harbor, LLC (ArcelorMittal) exemptions from the hours of service (HOS) and parts and accessories rules. One exemption will allow ArcelorMittal's employee-drivers with commercial driver's licenses (CDLs) who transport steel coils between their production and shipping locations on public roads to work up to 16 hours per day and return to work with less than the mandatory 10 consecutive hours off duty. The other exemption will allow ArcelorMittal to use coil carriers that do not meet the ``heavy hauler trailer'' definition, height of rear side marker lights restrictions, tire loading restrictions, and the coil securement requirements.
Commercial Driver's License Standards: Application for Exemption; CRST Expedited
Document Number: 2016-22961
Type: Notice
Date: 2016-09-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant CRST Expedited (CRST) an exemption from the regulation that requires a commercial learner's permit (CLP) holder to be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the- wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for CRST without being accompanied by a CDL holder in the front seat of the vehicle. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility as CRST team drivers with CDLs. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Quarterly Rail Cost Adjustment Factor
Document Number: 2016-22949
Type: Notice
Date: 2016-09-23
Agency: Surface Transportation Board, Department of Transportation
The Board approves the fourth quarter 2016 Rail Cost Adjustment Factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2016 RCAF (Unadjusted) is 0.881. The fourth quarter 2016 RCAF (Adjusted) is 0.371. The fourth quarter 2016 RCAF-5 is 0.352.
Agency Request for Regular Processing of Collection of Information by the Office of Management and Budget
Document Number: 2016-22943
Type: Notice
Date: 2016-09-23
Agency: Federal Railroad Administration, Department of Transportation
Consistent with the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this document provides notice that FRA is submitting an Information Collection Request (ICR) to the Office of Management and Budget (OMB) to collect information on railroads' implementation of Positive Train Control (PTC) systems on an annual form entitled the Annual PTC Progress Report Form (Form FRA F 6180.166).
Proposed Agency Information Collection Activities; Comment Request
Document Number: 2016-22942
Type: Notice
Date: 2016-09-23
Agency: Federal Railroad Administration, Department of Transportation
Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the new Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On June 3, 2016, FRA published a notice providing a 60-day period for public comment on the ICR.
Proposed Agency Information Collection Activities; Comment Request
Document Number: 2016-22941
Type: Notice
Date: 2016-09-23
Agency: Federal Railroad Administration, Department of Transportation
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the proposed information collection activities described below. Before submitting the proposed information collection requests (ICRs) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.
Parts and Accessories Necessary for Safe Operation; Windshield-Mounted Technologies
Document Number: 2016-22923
Type: Rule
Date: 2016-09-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the voluntary mounting of certain devices on the interior of the windshields of commercial motor vehicles (CMVs), including placement within the area that is swept by the windshield wipers. Section 5301 of the Fixing America's Surface Transportation (FAST) Act directs the Agency to amend the FMCSRs to allow devices to be mounted on the windshield that utilize ``vehicle safety technology,'' as defined in the Act. In addition, the section 5301 states that all windshield mounted devices/technologies with a limited 2-year exemption in effect on the date of enactment, shall be considered to meet the equivalent-or-greater safety standard required for the initial exemption. Promulgation of this final rule is a nondiscretionary, ministerial action that does not require prior notice and public comment under the Administrative Procedure Act (APA).
Notice To Rescind a Notice of Intent for an Environmental Impact Statement for Proposed Highway and Light Rail Improvements in the Sr 32 Corridor Between Us 50 and Ir 275 in Hamilton and Clermont Counties, Ohio
Document Number: 2016-22910
Type: Notice
Date: 2016-09-23
Agency: Federal Highway Administration, Department of Transportation
A Notice of Intent to prepare an Environmental Impact Statement was published in the Federal Register on May 9, 2012. The Ohio Department of Transportation (ODOT) is issuing this notice to advise the public that ODOT will no longer prepare a Tier 2 EIS for proposed improvements to SR 32 from US 50 in Hamilton County east to IR 275 in Clermont County, because of potential significant environmental impacts and public controversy.
Metropolitan Planning Organization Coordination and Planning Area Reform
Document Number: 2016-22907
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Highway Administration, Department of Transportation, Federal Transit Administration
The FHWA and FTA are reopening the comment period for the NPRM that was published on June 27, 2016, at 81 FR 41473, in order to receive additional public comment on targeted issues. The NPRM proposes revisions to the transportation planning regulations to promote more effective regional planning by States and metropolitan planning organizations (MPO). The original comment period closed on August 26, 2016. The FHWA and FTA received a number of requests to extend the comment period. The FHWA and FTA recognize that those interested in commenting on this important program may not have had the opportunity to provide comments and that the comment period should be reopened. Therefore, the comment period is being reopened.
Proposed Amendment of Class E Airspace for the Following Iowa Towns; Algona, IA; Ankeny, IA; Atlantic, IA; Belle Plane, IA; Creston, IA; Estherville, IA; Grinnell, IA; Guthrie Center, IA; and Oelwein, IA
Document Number: 2016-22889
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to modify Class E surface area at Ankeny Regional Airport, Ankeny, IA; and Class E airspace extending upward from 700 feet above the surface at Algona Municipal Airport, Algona, IA; Ankeny Regional Airport; Atlantic Municipal Airport, Atlantic, IA; Belle Plaine Municipal Airport, Belle Plaine, IA; Creston Municipal Airport, Creston, IA; Estherville Municipal Airport, Estherville, IA; Grinnell Regional Airport, Grinnell, IA; Guthrie County Regional Airport, Guthrie Center, IA; and Oelwein Municipal Airport, Oelwein, IA. Decommissioning of non- directional radio beacons (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the above airports. Additionally, the geographic coordinates for Algona Municipal Airport, Atlantic Municipal Airport, and Grinnell Regional Airport would be adjusted to coincide with the FAA's aeronautical database. The name of Belle Plaine, IA, would also be adjusted to correct a misspelling in the legal description.
Airworthiness Directives; B-N Group Ltd. Airplanes
Document Number: 2016-22831
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for B-N Group Ltd. Models BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN- 2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN- 2B-26, BN-2B-27, BN-2T-4R, BN-2T, BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3 (all models on Type Certificate Data Sheets A17EU and A29EU) airplanes that would supersde AD 2016-06-01. 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 cracks in the inner shell of certain pitot/ static pressure heads. We are issuing this proposed AD to change the model applicability due to errors found in AD 2016-06-01.
Amendment of Class E Airspace; Indiana, PA
Document Number: 2016-22749
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace at Indiana, PA, to accommodate the new runway at Indiana County Airport (Jimmy Stewart Field). This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport.
Amendment of Class D and E Airspace, Falmouth, MA
Document Number: 2016-22748
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E airspace designated as an extension at Cape Cod Coast Guard Air Station, (formerly Otis ANGB), Falmouth, MA, as the Otis TACAN has been decommissioned, requiring airspace reconfiguration. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport in the existing Class D and E airspace areas, as well as Falmouth Airpark, Barnstable Municipal Airport-Boardman/Polando Field, Chatham Municipal Airport, Martha's Vineyard Airport, (formerly Martha's Vineyard Municipal Airport), and the BOGEY LOM.
Amendment of Class E Airspace; Glasgow, KY
Document Number: 2016-22746
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace at Glasgow, KY as the Beaver Creek Non-Directional Beacon (NDB) has been decommissioned, requiring airspace reconfiguration at Glasgow Municipal Airport. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also updates the geographic coordinates of the airport.
Amendment of Class D and Class E Airspace; Hagerstown, MD
Document Number: 2016-22744
Type: Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E Airspace Designated as an Extension to a Class D Surface Area by eliminating the Notice to Airmen (NOTAM) part time status for Hagerstown Regional Airport-Richard A. Henson Field, Hagerstown, MD, for the safety and management of IFR operations. Also, this action recognizes the name change to Hagerstown Regional Airport-Richard A. Henson Field, (formerly Washington County Regional Airport), Hagerstown, MD, and updates the geographic coordinates of the airport listed in Class D and E airspace.
Notice of Final Federal Agency Actions on Proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 52 (Eastbound) in the Town of Huntington, Suffolk County, New York
Document Number: 2016-22700
Type: Notice
Date: 2016-09-23
Agency: Federal Highway Administration, Department of Transportation
This notice announces actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Interstate 495 (Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town of Huntington, Suffolk County, New York (NYSDOT Project Identification Number: 0229.14). Those actions rescind the Record of Decision (ROD) and the Final Environmental Impact Statement (FEIS) dated May 21, 2007. The ROD was signed by FHWA on August 6, 2007.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-21397
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 727 airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the body-mounted auxiliary fuel tanks due to electrical fault conditions. As an alternative to the modification, this proposed AD would allow deactivating the body-mounted auxiliary fuel tanks. We are proposing this AD to prevent ignition sources inside the body-mounted auxiliary fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.
Airworthiness Directives; The Boeing Company Airplanes
Document Number: 2016-21396
Type: Proposed Rule
Date: 2016-09-23
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 707 airplanes and Model 720 and 720B series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions. We are proposing this AD to prevent ignition sources inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.