Department of Transportation January 2005 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 series airplanes. This proposed AD would require replacing the cargo ventilation extraction duct at frame 65 with a new duct, and relocating the temperature sensor in the aft cargo compartment. This proposed AD is prompted by a report indicating that, during a test of the fire extinguishing system, air leakage around the temperature sensor for the aft cargo compartment reduced the concentration of fire extinguishing agent to below the level required to suppress a fire. We are proposing this AD to prevent air leakage around the temperature sensor for the aft cargo compartment, which, in the event of a fire in the aft cargo compartment, could result in an insufficient concentration of fire extinguishing agent, and consequent inability of the fire extinguishing system to suppress the fire.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD-11 and MD-11F airplanes. This AD requires inspecting the power feeder cables of the auxiliary power unit (APU) for chafing damage, and accomplishing any related corrective action. This AD also requires modifying the drain line of the fuel feed shroud of the horizontal stabilizer. This AD is prompted by a report of the drain line of the fuel feed shroud riding on the power feeder cables of the APU. We are issuing this AD to prevent chafing of the power feeder cables of the APU, which could result in electrical arcing to adjacent structure and consequent fire in the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas Model MD-11 and MD-11F airplanes equipped with Pratt & Whitney PW4000 series engines. This AD requires, for each engine, replacing, with a tube assembly, the existing hose assembly that connects the oil pressure transmitter to the main oil circuit. This AD is prompted by a report indicating that, for each engine, the existing hose assembly does not meet zero-flow fireproof capability requirements. We are issuing this AD to prevent, if there is an engine fire, failure of the oil pressure indicator and the low-oil pressure warning, which could result in an unannounced shutdown of that engine; and oil leakage, which may feed the engine fire.

The FAA adopts a new airworthiness directive (AD) for certain Gippsland Aeronautics Pty. Ltd. Model GA8 airplanes. This AD requires you to inspect the pilot and co-pilot control column wheels and aileron cable operating arm shafts for damage and, if damage is found, to repair the shafts or to replace the steel shafts with bronze shafts. We are issuing this AD to detect and correct damage of the pilot and co- pilot control wheels and aileron cable operating arm shafts. This damage could result in the aileron controls becoming stiff or locking, which could lead to loss of control of the airplane.

This document withdraws the rulemaking in which the Federal Transit Administration (FTA) proposed to amend its tripper service definition to clarify which student transportation operations are inconsistent with FTA requirements. The rulemaking is being withdrawn because after consideration of the comments, FTA has concluded that no regulatory clarification is necessary.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757 series airplanes. This proposed AD would require repetitive inspections for loose or damaged components of the support brackets and associated fasteners for the hydraulic lines located in the nacelle struts, and any related investigative and corrective actions. This proposed AD is prompted by reports of damage and subsequent failure of the support brackets and associated fasteners for the hydraulic lines located internal to the upper fairing cavity of the nacelle struts. We are proposing this AD to prevent flammable fluids from leaking into the interior compartment of the nacelle struts where ignition sources exist, which could result in the ignition of flammable fluids and an uncontained fire.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 series airplanes. This proposed AD would require repetitive detailed inspections for cracks in the crease beam and adjacent structure of the fuselage, and related investigative and corrective actions if necessary. This proposed AD is prompted by fatigue cracks found in the crease beam during a follow-on inspection of a previously installed modification. We are proposing this AD to find and fix fatigue cracking of the fuselage frame, which could result in reduced structural integrity of the frame and consequent rapid decompression of the airplane.

The Federal Aviation Administration (FAA) announces it has terminated its review of the noise compatibility program, at the request of the Jackson Municipal Airport Authority, under the provisions of 49 U.S.C. 47501 et seq., and 14 CFR Part 150.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This amendment adopts a new airworthiness directive (AD), applicable to all Airbus Model A319, A320, and A321 series airplanes, that requires operators to revise the Airworthiness Limitations section (ALS) of the Instructions for Continued Airworthiness to incorporate new and more restrictive service life limits for certain items, and new and more restrictive inspections to detect fatigue cracking, accidental damage, or corrosion in certain structures. The actions specified by this AD are intended to ensure the continued structural integrity of these airplanes. This action is intended to address the identified unsafe condition.

This is to notify the public that RSPA has determined that a number of DOT specification compressed gas cylinders seized by the State of Maine, Department of Environmental Protection (MDEP), may have been marked as requalified in accordance with the HMR when the cylinders were not subjected to testing. During property seizure proceedings, MDEP took possession of numerous cylinders owned by Harry J. Smith, Jr., and his daughter, Dawn Smith, of Meddybemps, Maine, in accordance with a state mandated environmental clean-up of the Smiths' property. RSPA has gathered evidence that suggests the high-pressure DOT specification industrial gas cylinders owned by the Smiths may have been marked, certified and returned to service when the cylinders had not been properly requalified in accordance with the Hazardous Materials Regulations (HMR). A hydrostatic retest and visual inspection are used to verify the structural integrity of compressed gas cylinders. If a hydrostatic retest and visual inspection are not performed within the time period required by the HMR, cylinders with compromised structural integrity may be returned to service when they should be condemned. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.

On October 25, 2002, the Federal Aviation Administration (FAA) published the final rule for Title 14, Code of Federal Regulations (14 CFR) part 136, National Parks Air Tour Management (67 FR 65662). The rule became effective on January 23, 2003. In accordance with the provisions of the National Parks Air Tour Management Act of 2000, the final rule stated that the commercial air tour operators granted interim operating authority (IOA) would be published in the Federal Register for notice and the opportunity for comment. Based on information received from multiple sources and our own review, the FAA believes there may be some errors in the number of commercial air tours initially reported to the FAA. Thus, the FAA believes it is in the public interest to provide an opportunity for air tour operators to review and self-correct their annual authorizations prior to issuing the statutorily required notice. This notice announces the self- correcting opportunity and procedure. Responses should be provided to the contact person below by February 21, 2005.

This notice announces NHTSA's publication of three technical reports estimating how many lives have been saved by vehicle safety technologies meeting the Federal Motor Vehicle Safety Standards, and their costs. The reports' titles are: Lives Saved by the Federal Motor Vehicle Safety Standards and Other Vehicle Safety Technologies, 1960- 2002, Passenger Cars and Light Trucks; Cost and Weight Added by the Federal Motor Vehicle Safety Standards for Model Years 1968-2001 in Passenger Cars and Light Trucks; and Cost Per Life Saved by the Federal Motor Vehicle Safety Standards.

The FAA is superseding an existing airworthiness directive (AD) for Pratt & Whitney (PW) JT8D-209, -217, -217A, -217C, and -219 series turbofan engines. That AD currently requires torque inspection of the 3rd stage and 4th stage low pressure turbine (LPT) blades for shroud notch wear and replacement of the blade if wear limits are exceeded. This AD continues to require those torque inspections at shorter inspection intervals of the refurbished 3rd stage and 4th stage LPT blades, but the same or longer inspection intervals of the new 3rd stage and 4th stage LPT blades, for shroud notch wear and replacement of the blade if wear limits are exceeded. This AD also requires replacing LPT-to-exhaust case bolts and nuts with bolts and nuts made of Tinidur material. This AD results from reports of 194 blade fractures since 1991, with 37 of those blade fractures resulting in LPT case separation, and three reports of uncontained 3rd stage and 4th stage LPT blade failures with cowl penetration. We are issuing this AD to prevent an uncontained blade failure that could result in damage to the airplane.

The FAA is superseding an existing airworthiness directive (AD) for Rolls-Royce (RR) plc RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-B-75 series turbofan engines. That AD currently requires initial and repetitive ultrasonic inspections of installed LPC fan blade roots on-wing and during overhaul using a surface wave ultrasonic probe, and relubrication, according to accumulated life cycles. That AD also adds the application of Metco 58 blade root coating as an optional terminating action. This AD requires the same actions, but changes the reference to Mandatory Service Bulletin (MSB) No. RB.211-72-C879 from Revision 3 to Revision 4. This AD results from RR issuing MSB No. RB.211-72-C879, Revision 4, which contains revised Accomplishment Instructions and consumable materials list. We are issuing this AD to detect cracks in low pressure compressor (LPC) fan blade roots, which if not detected, could lead to uncontained multiple fan blade failure, and damage to the airplane.

The Department of Transportation is soliciting proposals from communities or consortia of communities interested in receiving a grant under the Small Community Air Service Development Program. The full text of the Department's order is attached to this document.

This action corrects a notice of proposed rulemaking that was published in the Federal Register on Friday, January 7, 2005, (70 FR 1399) [FR Doc. 05-374]. It corrects errors in the legal descriptions of the proposed Class E airspace area designated as a surface area and the Class E airspace area extending upward from 700 feet above the surface at Newton, KS.

Under 49 U.S.C. 11327, the Board finds that a settlement agreement that was entered into by Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, NS) and Wheeling & Lake Erie Railway Company (W&LE), when implemented, will satisfy certain conditions imposed in CSX Corp. et al.ControlConrail Inc. et al., 3 S.T.B. 196 (1998). Under 49 U.S.C. 10502 the Board grants the exemption authority sought by NS and W&LE pursuant to the settlement agreement. The Settlement Agreement includes 7 elements. Element 1 provides that W&LE will be granted overhead trackage rights, limited to one train per day per direction, between Bellevue (Yeomans), OH, at Milepost (MP) T-54.7 and Toledo (Manhattan Jct.), OH, at MP CS- 1.30. Element 1 also provides that W&LE will be granted back- up haulage rights for overflow traffic. In STB Finance Docket No. 33388 (Sub-No. 96), the Board has granted an exemption under 49 U.S.C. 10502 for the Bellevue-Toledo trackage rights, which were originally sought in a responsive application in a rail consolidation proceeding, subject to the labor protective conditions set forth in Norfolk and Western Ry. Co.Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 2 provides that W&LE will purchase the Toledo Pivot Bridge, which is also known as the Maumee River Bridge (this is a railroad swing bridge that spans the Maumee River in Toledo, OH). In STB Finance Docket No. 33388 (Sub-No. 99), the Board has granted a 49 U.S.C. 10502 petition for exemption of the Toledo Pivot Bridge purchase transaction. Any employee affected by the Toledo Pivot Bridge purchase exempted in STB Finance Docket No. 33388 (Sub-No. 99) will be protected as required by section 10902(d), subject to the standards and procedures established in Wisconsin Central Ltd.Acquisition Exem. Union Pac. RR, 2 S.T.B. 218 (1997), aff'd in relevant part sub nom. Association of American Railroads v. STB, 162 F.3d 101 (D.C. Cir. 1998). Element 3 provides for a 10-year extension of W&LE's lease of NS's Huron Dock on Lake Erie. In STB Finance Docket No. 32516 (Sub- No. 1), the Board has accepted a 49 CFR 1180.2(d)(4) notice of exemption respecting the Huron Dock lease extension. Any employee affected by the Huron Dock lease extension exempted in STB Finance Docket No. 32516 (Sub-No. 1) will be protected by the labor protective conditions set forth in Mendocino Coast Ry., Inc.Lease and Operate, 354 I.C.C. 732 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653 (1980). Element 4 provides for a 10-year extension of W&LE's Bellevue-Huron Dock overhead trackage rights, by which W&LE accesses Huron Dock. These trackage rights run over the NS line between approximately MP B242 at Bellevue, OH, and approximately MP B229 at Berlin Heights, OH, and between approximately MP B232 at Shinrock, OH (on the Bellevue-Berlin Heights segment), and approximately MP HU12.2 at the Huron Dock connection in Huron, OH. In STB Finance Docket No. 32525 (Sub-No. 1), the Board has accepted a 49 CFR 1180.2(d)(4) notice of exemption respecting the Bellevue-Huron Dock trackage rights extension. Any employee affected by the trackage rights exempted in STB Finance Docket No. 32525 (Sub-No. 1) will be protected by the labor protective conditions set forth in Norfolk and Western Ry. Co. Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 5 provides that W&LE will be granted overhead trackage rights in the Cleveland, OH area between Berea, OH (at MP CD- 194.2), and the Knob, OH (at MP GZ-488.13). In STB Finance Docket No. 33388 (Sub-No. 97), the Board has accepted a 49 CFR 1180.2(d)(7) notice of exemption for the Berea-Knob trackage rights. Any employee affected by the trackage rights exempted in STB Finance Docket No. 33388 (Sub- No. 97) will be protected by the labor protective conditions set forth in Norfolk and Western Ry. Co.Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc.Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 6 provides that NS will be granted overhead trackage rights between Clairton, PA (at MP 5.2), and Bellevue, OH (at MP H53.7), with certain rights of ingress and egress at Mingo Jct., OH, Jewett, OH, Bowerston, OH, and Orrville, OH. In STB Finance Docket No. 33388 (Sub-No. 98), the Board has accepted a 49 CFR 1180.2(d)(7) notice of exemption for the Clairton-Bellevue trackage rights. Any employee affected by the trackage rights exempted in STB Finance Docket No. 33388 (Sub-No. 98) will be protected by the labor protective conditions set forth in Norfolk and Western Ry. Co.Trackage RightsBN, 354 I.C.C. 605, 610-15 (1978), as modified in Mendocino Coast Ry., Inc. Lease and Operate, 360 I.C.C. 653, 664 (1980). Element 7 provides that, to allow NS to access a new trailer parking facility in the Maple Heights area (Maple Heights is located a few miles southeast of Cleveland), NS will be granted the right to create and use a second road at-grade crossing over W&LE's Cleveland Subdivision line at MP 8.67 under the same terms and conditions that govern NS's use of the existing road at-grade crossing over the W&LE line at MP 9.03. Element 7 further provides for NS and W&LE to negotiate a broader agreement regarding operations in the Maple Heights area. NS and W&LE are currently evaluating two options, both of which involve the lease, by NS, of freight rights on the Randall Secondary.

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is proposing to amend the joint regulations by updating the Seaway Regulations and Rules in various categories. The proposed changes would update the following sections of the Regulation and Rules: Condition of Vessels; Preclearance and Security for Tolls; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; Information and Reports; and General. These amendments are necessary to take account of updated procedures and/or technology and will enhance the safety of transits through the Seaway.

FMCSA is reviewing and reconsidering the regulations on hours of service of drivers published on April 28, 2003 (68 FR 22456) and amended on September 30, 2003 (68 FR 56208). The regulations were vacated by the U.S. Court of Appeals for the District of Columbia Circuit on July 16, 2004 (Public Citizen et al. v. Federal Motor Carrier Safety Administration, 374 F.3d 1209). Congress subsequently provided that the 2003 regulations will remain in effect until the effective date of a new final rule addressing the issues raised by the court or September 30, 2005, whichever occurs first (Section 7(f) of the Surface Transportation Extension Act of 2004, Part V). FMCSA is reconsidering the 2003 regulations to determine what changes may be necessary to be consistent with the holdings and dicta of the Public Citizen decision. In order to allow effective public participation in the process before the statutory deadline, FMCSA is publishing this NPRM concurrently with its ongoing research and analysis of the issues raised by the court. To facilitate discussion, the agency is putting forward the 2003 rule as the ``proposal'' on which public comments are sought. This NPRM, however, asks the public to comment on what changes to that rule, if any, are necessary to respond to the concerns raised by the court, and to provide data or studies that would support changes to, or continued use of, the 2003 rule. The NPRM includes specific information on a variety of topics and specific questions for comment. FMCSA is not considering changes to the hours-of-service regulations applicable to drivers and operators of passenger-carrying commercial motor vehicles (CMVs).

The FAA proposes to adopt a new airworthiness directive (AD) for certain Raytheon Model HS.125 series 700A airplanes, Model BAe.125 series 800A airplanes, and Model Hawker 800 and Hawker 800XP airplanes. This proposed AD would require an inspection to determine the current rating of the circuit breakers of certain cockpit ventilation and avionics cooling system blowers; and for replacing the circuit breakers and modifying the blower wiring, as applicable. This proposed AD is prompted by a report indicating that a blower motor seized up and gave off smoke. Investigation revealed inadequate short circuit protection on the blower motor electrical circuit. We are proposing this AD to prevent smoke and fumes in the cockpit in the event that a blower motor seizes and overheats due to excessive current draw.