Department of Transportation May 2008 – Federal Register Recent Federal Regulation Documents

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 206: Aeronautical Information Services Data Link

PHMSA is extending the period for public comment to give interested persons an additional week to comment on a proposed rule to amend the pipeline safety regulations to prescribe safety requirements for the operation of certain gas transmission pipelines at pressures based on higher stress levels.

FMCSA announces its decision to exempt 28 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.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 24 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 announces actions taken by the USACE and other Federal agencies that are final within the meaning of 23 U.S.C. 139(I)(1). The actions relate to a proposed highway project, the Western Wake Freeway, which begins at NC 55 at Old Smithfield Road (SR 1172) between Apex and Holly Springs and ends at NC 55 near Alston Avenue north of Cary in the County of Wake, State of North Carolina. The Western Wake Freeway is also known as State Transportation Improvement Program Project R-2635. It is part of the Outer Wake Expressway, a circumferential freeway around Raleigh, North Carolina. Those actions grant licenses, permits, and approvals for the project.

On May 6, 2008, the Board served a decision announcing the 2006 revenue adequacy determinations for the Nation's Class I railroads. Three carriers, the BNSF Railway Company, the Norfolk Southern Railway Company and the Soo Line Railroad Company, are found to be revenue adequate.

FHWA is providing a 30-day extension of the original 60-day public comment period for the Draft Environmental Impact Statement (DEIS) for the Detroit River International Crossing Study (in Wayne County, Michigan). Pursuant to the National Environmental Policy Act (NEPA) of 1969, the FHWA made the DEIS available for public review and comments for a 60-day comment period that ended April 29, 2008. Two public hearings were held in March 2008. In response to several comments about the projects complexity and magnitude, FHWA is extending the comment period for an additional 30 days.

This notice announces the FAAs intensions to cancel all Omega Technical Standard Orders (TSOs) and revoke all associated Technical Standard Order Authorizations (TSOAs). If you have reason to believe that this proposed action will negatively impact aviation safety, we would like to solicit your comments.

The FAA is issuing this Notice of Availability to advise the public that a Draft EIS will be available for public review beginning May 16, 2008. The document was prepared pursuant to major environmental directives to comply with NEPA: Section 102(2)(c) of the National Environmental Policy Act of 1969 (Pub. L. 91-190); Section 106 consultation for impacts to historic structures, as identified in 36 CFR 800.8, Coordination with the National Environmental Policy Act; U.S. Department of Transportation Section 303(c) consultation; and other applicable Federal and State environmental laws, regulations, and Executive Orders. The Draft EIS was prepared in response to a proposal presented to the FAA by the Columbus Regional Airport Authority (CRAA), the owner and operator of CMH and identified in the Draft EIS as the Airport Sponsor, for environmental review. The FAA prepared this Draft EIS to analyze and disclose potential environmental impacts related to possible Federal actions at CMH. Numerous Federal actions would be necessary if airfield development were to be implemented. Proposed improvements include replacement of Runway 10R/28L, Development of a New Passenger Terminal, and other airfield projects (see below). The Draft EIS presents the purpose and need for the proposed Federal action, analysis of reasonable alternatives, including the No Action alternative, discussion of impacts for each reasonable alternative, and supporting appendices. The FAA will consider all information contained in this Draft EIS and additional information that may be provided during the public comment period before issuing a Final EIS and Agency decision regarding the possible alternatives and Federal actions. The Airport Sponsor proposes to replace Runway 10R/28L at CMH, approximately 700 feet south of the existing Runway 10R/28L; develop new terminal facilities in the midfield area; provide ancillary facilities in support of the replacement runway and midfield terminal; and implement noise abatement air traffic procedures developed for the replacement runway. The replacement runway would be 10,113 feet long. This length would maintain CMH's ability to accommodate current and projected airport operations. Existing Runway 10R/28L would be decommissioned as a runway and converted into a taxiway upon commissioning of the replacement runway. In addition, a south taxiway and north parallel taxiways to proposed Runway 10R/28L would be constructed. To meet future aircraft parking and passenger processing requirements, new midfield terminal facilities are needed. The Draft EIS assesses a development envelope that is defined as an area large enough to encompass Phase I and II of the CRAA terminal development program. The Draft EIS discusses the number of gates, approximate square footage, approximate curb frontage, and the number of passengers that the terminal would accommodate. Ancillary facilities in support of the replacement runway and midfield terminal would be constructed. The facilities include roadway relocations and construction; parking improvements; property acquisition; and relocation of residences, as necessary. The CRAA has prepared a 14 CFR Part 150 Noise Compatibility Study Update (Part 150 Update) to address the current and future noise conditions. The Part 150 Update includes an analysis of the potential noise and land use impacts resulting from the proposed development of relocating Runway 10R/28L to the south, as well as possible mitigation options. The noise abatement air traffic options recommended through the Part 150 Update are included in the EIS as part of the proposed project. In addition, the land use mitigation that is recommended in the Part 150 Update is included in the EIS as mitigation for impacts resulting from the proposed project. Public Comment and Information Workshop/Public Hearing: The public comment period on the Draft EIS will start May 16, 2008 and will end on July 11, 2008. Two Public Information Workshops and Public Hearings will be held on June 11 and 12, 2008 from 5 p.m. to 8 p.m. at the following locations:

This document supersedes Airworthiness Directive (AD) 2001-24- 07 R1 and adopts AD 2007-26-52, which was sent previously to all known U.S. owners and operators of Agusta S.p.A. (Agusta) Model A109C, A109E, and A109K2 helicopters by individual letters. This AD requires inspections for swelling, deformation, bonding separation, or a crack on each main rotor blade (MRB) with a certain tip cap installed, and if any of these conditions are found that exceed the prescribed limits, replacing the MRB before further flight. This amendment is prompted by a report of the in-flight loss of part of a tip cap. The actions specified in this AD are intended to prevent an increase in vibration of the MRB and subsequent loss of control of the helicopter.

This action amends the Qualification Performance Standards (QPS) for flight simulation training devices (FSTD) to provide greater harmonization with international standards for simulation. In addition, the rule adds a new level of simulation for helicopter flight training devices (FTD) and establishes FSTD Directive 1, which requires all existing FSTD airport models that are beyond the number of airport models required for qualification to meet specified requirements. The intended effect of this rule is to ensure that the flight training and testing environment is accurate and realistic. Except for the requirements of FSTD Directive 1, these technical requirements do not apply to simulators qualified before May 30, 2008. This rule results in minimal to no cost increases for manufacturers and sponsors.

We are adopting a new airworthiness directive (AD) for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD requires revising the FAA-approved maintenance program to incorporate new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD also requires the initial inspection of a certain repetitive AWL inspection to phase in that inspection, and repair if necessary. This AD results from a design review of the fuel tank system. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 757 airplanes. This AD requires revising the Airworthiness Limitations (AWLs) section of the Instructions for Continued Airworthiness by incorporating new limitations for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD also requires the initial inspection of certain repetitive AWL inspections to phase-in those inspections, and repair if necessary. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- 200F, 747-300, 747SR, and 747SP series airplanes. This AD requires revising the FAA-approved maintenance program by incorporating new airworthiness limitations (AWLs) for fuel tank systems to satisfy Special Federal Aviation Regulation No. 88 requirements. This AD also requires the initial inspection of certain repetitive AWL inspections to phase in those inspections, and repair if necessary. This AD results from a design review of the fuel tank systems. We are issuing this AD to prevent the potential for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane.

We are adopting a new airworthiness directive (AD) for certain Boeing Model 747-200F, 747-300, 747-400, and 747-400D series airplanes. This AD requires a detailed inspection to detect missing fasteners from the shear clip at a certain stub frame to auxiliary sill joint, and applicable related investigative and corrective actions. This AD results from reports of missing fasteners from the shear clip of the stub frame to auxiliary sill joint and cracking of the adjacent exterior skin and internal doubler. We are issuing this AD to ensure that fasteners are installed in the shear clip of the stub frame to auxiliary sill joint. Missing fasteners could result in cracks in the adjacent exterior skin and internal doubler, which can propagate and result in loss of structural integrity and sudden in-flight decompression of the airplane.

This action proposes to modify Class E Airspace at Rome, NY. Additional airspace is necessary to support the amendment of the current Terminal Visual Flight Rule (VFR) Radar Service Area (TRSA) and to allow for a lower vectoring altitude known as the Minimum Vectoring Altitude (MVA) for vectoring of both VFR and Instrument Flight Rule (IFR) aircraft around the Rome, NY area. This action would enhance the safety and airspace management around the Griffiss Airport area.

This action confirms the effective date of a direct final rule published in the Federal Register (73 FR 9442) that establishes Class E Airspace at Rockport, ME to support a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed for medical flight operations into the Penobscot Bay Medical Center.

This amendment adopts a new airworthiness directive (AD) for the specified Sikorsky Aircraft Corporation (Sikorsky) model helicopters that requires installing an electric chip detector on each engine and an on-board chip detector annunciation system. The AD also requires revising the Rotorcraft Flight Manual (RFM) to add procedures for crew response to the illumination of an on-board chip detector warning light. This AD also requires testing the engine chip detector system at specified intervals. This amendment is prompted by reports of Number 5 engine bearing failures. Failure of the bearing resulted in erratic movement of the high-speed, engine-to-transmission shaft (shaft), an oil leak, an in-flight fire, and an emergency landing. The actions specified by this AD are intended to detect an impending bearing failure, which if undetected and not addressed by appropriate crew action may result in an oil leak, a severed shaft housing, an uncontained in-flight fire, and a subsequent emergency landing.

The FAA is proposing to remove provisions in its regulations that allow for operations with ``polished frost'' (i.e., frost polished to make it smooth) on the wings of airplanes operated under parts 125, 135, and certain airplanes operated under part 91. The rule would increase safety by not allowing operations with polished frost, which the FAA has determined increases the risk of unsafe flight.

We propose to adopt a new airworthiness directive (AD) for the products listed above. 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: