Department of Transportation February 14, 2005 – Federal Register Recent Federal Regulation Documents

Petitions for Exemption; Summary of Petitions Received
Document Number: 05-2863
Type: Notice
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
Pursuant to FAA's rulemaking provisions governing the application, processing, and disposition of petitions for exemption part 11 of Title 14, Code of Federal Regulations (14 CFR), this notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR, dispositions of certain petitions previously received, and corrections. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.
Advisory Circular (AC) 23-22, Guidance for Approved Model List (AML) Supplemental Type Certificate (STC) Approval of Part 23 Airplane Avionics Installations
Document Number: 05-2802
Type: Notice
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This notice announces the issuance of Advisory Circular (AC) 23-22. This advisory circular (AC) sets guidelines for using the Approved Model List (AML) Supplemental Type Certificate (STC) process for the installation approval of avionics for 14 CFR, part 23 airplanes. It also applies to airplanes certified under a prior certification basis, such as CAR 3 or bulletin 7-A. Guidance provided in this AC applies only to avionics installations using the AML STC process. For other types of modifications to part 23 airplanes seeking to use the AML STC process, the Aircraft Certification Office (ACO) should coordinate with the Small Airplane Directorate. Avionics AML STC guidance provided in this AC addresses the following: (1) Avionics eligible for the AML STC process, (2) Model Qualification Process used by the STC holder and the FAA to either create or edit the AML, and (3) Level of Detail required for the installation instructions for an AML STC, including a list of acceptable equipment that can be integrated under the STC. Material in this AC is neither mandatory nor regulatory in nature and does not constitute a regulation. In addition, this material is not to be construed as having any legal status and should be treated accordingly. However, it is designed to provide standardization guidelines for AML STC approvals. The AML STC process may be used whenever the ACO and the applicant agree that it is suitable. This AC is not applicable to any products certified under part 25, 27, or 29. The draft advisory circular was issued for Public Comment on October 8, 2004 (69 FR 60452). When possible, comments received were used to modify the draft advisory circular.
Revocation of Class D Airspace; South Lake Tahoe, CA
Document Number: 05-2801
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This action revokes the Class D airspace area for the South Lake Tahoe Airport, South Lake Tahoe, California. The FAA is taking this action due to closure of the Airport Traffic Control Tower (ATCT).
Glider Towing as a Restricted Category Special Purpose Flight Operation
Document Number: 05-2800
Type: Notice
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This notice announces glider towing as a restricted category special purpose operation under Title 14 of the Code of Federal Regulations (14 CFR) Sec. 21.25(B)(7), for aircraft type certificated under 14 CFR 21.25(a)(1).
Title VI Regulations for Federal Motor Carrier Safety Administration Financial Assistance Recipients
Document Number: 05-2768
Type: Rule
Date: 2005-02-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA issues this Interim Final Rule (IFR) to clarify and modify the applicability of certain Federal Highway Administration (FHWA) and Departmental Title VI provisions that implement Title VI of the Civil Rights Act of 1964, and related nondiscrimination statutes, as they apply to FMCSA Federal financial assistance recipients. The ``savings provision'' of section 106(b) of the Motor Carrier Safety Improvement Act of 1999 provides the opportunity for this clarification and modification. As part of this initiative, FMCSA establishes a new Part 303 under 49 CFR chapter III, Subchapter A, for future FMCSA Title VI implementing regulations and any future guidelines on Title VI compliance. This IFR will provide FMCSA with initial guidelines and procedures for implementing its Title VI procedures. This will be done by continuing to apply and use the Departmental umbrella Title VI regulations in 49 CFR part 21 to any program or activity for which Federal financial assistance is authorized under a law administered by FMCSA. FMCSA will remain subject to those Title VI requirements at the Departmental level, and will develop as needed further guidelines and procedures in accordance with the law to assure effective and consistent implementation for financially assisted recipients. FMCSA also removes itself from the FHWA Title VI regulations set forth at 23 CFR part 200, because they are not appropriate for FMCSA programs and activities. Doing so will avoid any potential confusion while not altering the substantive Title VI obligations of FMCSA and its grantees.
Airworthiness Directives; DG Flugzeugbau GmbH Model DG-500MB Sailplanes and Glaser-Dirks Flugzeugbau GmbH Model DG-800B Sailplanes
Document Number: 05-2765
Type: Proposed Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all DG Flugzeugbau GmbH Model DG-500MB sailplanes equipped with a Solo engine and Glaser-Dirks Flugzeugbau GmbH Model DG-800B sailplanes equipped with a Solo engine. This proposed AD would require you to inspect the propeller for damage, specifically foam core separation, and replace any damaged propeller. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this proposed AD to detect and correct damage to the propeller, which could result in failure of the propeller to perform properly. This failure could lead to reduced or loss of control of the sailplane.
Environmental Impact Statement: U.S. 127 N/S.R. 28, Cumberland and Fentress Counties, TN
Document Number: 05-2764
Type: Notice
Date: 2005-02-14
Agency: Federal Highway Administration, Department of Transportation
The Federal Highway Administration (FHWA) is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in Cumberland and Fentress Counties, Tennessee.
Airworthiness Directives; Boeing Model 747 Airplanes
Document Number: 05-2762
Type: Proposed Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This proposed AD would require repetitive inspections of the dual side braces (DSBs), underwing midspar fittings, and associated parts; other specified actions; and corrective actions if necessary. This proposed AD also provides an optional terminating action for the inspections and other specified actions. This proposed AD is prompted by reports of corroded, migrated, and rotated bearings for the DSBs in the inboard and outboard struts, a report of a fractured retainer for the eccentric bushing for one of the side links of a DSB, and reports of wear and damage to the underwing midspar fitting on the outboard strut. We are proposing this AD to prevent the loss of a DSB or underwing midspar fitting load path, which could result in the transfer of loads and motion to other areas of a strut, and possible separation of a strut and engine from the airplane during flight.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-2758
Type: Notice
Date: 2005-02-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Notice of Request for Clearance of a New Information Collection: Bus Crash Causation Study
Document Number: 05-2757
Type: Notice
Date: 2005-02-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the requirement in section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (PRA), the FMCSA is announcing that the new information collection request described in this notice is being sent to the Office of Management and Budget (OMB) for review and approval. We are required under the PRA to send information collection requests to OMB. This information collection is related to a study of the causation of commercial motor vehicle crashes mandated by the Motor Carrier Safety Improvement Act of 1999. The bus study will fulfill the bus portion of this mandate and aid in the determination of the reasons for, and factors contributing to, serious bus crashes. The Federal Register notice announcing a 60-day comment period on this information collection was published on August 23, 2004 (69 FR 51879).
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-2756
Type: Notice
Date: 2005-02-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 28 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Reports by Carriers on Incidents Involving Animals During Air Transport
Document Number: 05-2755
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation, Office of the Secretary
The Department of Transportation (Department or DOT) is making a technical change to the August 11, 2003, final rule implementing section 710 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) to require the reporting airlines to submit the required information on the loss, injury, or death of an animal during air transport to DOT's Aviation Consumer Protection Division rather than the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) and, accordingly, is making the rule part of DOT's economic regulations.
Regulations To Be Followed by All Departments and Agencies Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels
Document Number: 05-2753
Type: Proposed Rule
Date: 2005-02-14
Agency: Maritime Administration, Department of Transportation
The Maritime Administration (MARAD, we, our) is withdrawing an advance notice of proposed rulemaking (ANPRM) published in the Federal Register on January 28, 1999, which requested comments on proposed amendments to MARAD's cargo preference regulations. Based on comments received and on continuing discussions with other Federal agencies, there are several issues on which MARAD and other Federal agencies have yet to reach agreement. MARAD is involved in a negotiation process with other agencies in order to resolve these issues. Once discussions and negotiations with other agencies are complete, MARAD will initiate a new rulemaking action.
Vehicles Built in Two or More Stages
Document Number: 05-2751
Type: Rule
Date: 2005-02-14
Agency: National Highway Traffic Safety Administration, Department of Transportation
The final rule amends four different parts of title 49 to address the certification issues related to vehicles built in two or more stages and, to a lesser degree, to altered vehicles. The amendments allow the use of pass-through certification so that it can be used not only for multi-stage vehicles based on chassis-cabs, but also for those based on other types of incomplete vehicles. The amendments also create a new process under which intermediate and final-stage manufacturers and alterers can obtain temporary exemptions from dynamic performance requirements, and provide an automatic one year of additional lead time for new safety requirements for intermediate and final-stage manufacturers and alterers, unless the agency determines with respect to a particular requirement that a longer or shorter time period is appropriate. This final rule also refines the agency's interpretation of ``vehicle type'' to more appropriately reflect the congressional and judicial considerations. Because vehicles built in two or more stages are more properly considered a ``vehicle type,'' the agency will be able more properly to consider the benefits and burdens of various compliance options when developing Federal motor vehicle standards.
Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, B2, B3, C, D, D1, and EC130 B4 Helicopters
Document Number: 05-2587
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD) for Eurocopter France (Eurocopter) Model AS350B, BA, B1, B2, B3, C, D, D1, and EC130 B4 helicopters that requires removing and modifying the fuel bleed lever. This amendment is prompted by some cases of loss of the fuel bleed lever in flight. If the tension of the control cable is too low, the cable may vibrate out of its notch, resulting in the fuel bleed lever separating from the hinge. The actions specified by this AD are intended to prevent a fuel bleed lever from separating and striking the tail rotor blade (blade), resulting in damage to or loss of a blade, and subsequent vibration and loss of control of the helicopter.
Airworthiness Directives; Eurocopter France Model EC 155B, EC155B1, SA-360C, SA-365C, SA-365C1, SA-365C2, SA-365N, SA-365N1, AS-365N2, AS 365 N3, and SA-366G1 Helicopters
Document Number: 05-2585
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) model helicopters. This action requires an initial and repetitive borescope inspection of the main gearbox (MGB) planet gear carrier or an initial and repetitive visual inspection of the MGB planet gear carrier for a crack. Replacing any MGB that has a cracked planet gear carrier is required before further flight. This amendment is prompted by the discovery of cracks in the web of the planet gear carrier. The actions specified in this AD are intended to detect a crack in the web of the planet gear carrier, which could lead to a MGB seizure and subsequent loss of control of the helicopter.
Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes
Document Number: 05-2581
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This amendment supersedes an existing airworthiness directive (AD) that applies to all Airbus Model A300 B2 and B4 series airplanes. The existing AD currently requires determining the part and amendment number of the variable lever arm (VLA) of the rudder control system to verify the parts were installed using the correct standard, and corrective actions if necessary. For certain VLAs, this new AD requires repetitive inspections of the VLA and corrective action if necessary. This new AD also provides a terminating action for the repetitive inspections. Furthermore, this new AD reduces the applicability of affected airplanes. The actions specified by this AD are intended to prevent failure of both spring boxes of certain VLAs due to corrosion damage, which could result in loss of rudder control and consequent reduced controllability of the airplane. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Airbus Model A330, A340-200, and A340-300 Series Airplanes
Document Number: 05-2579
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD), applicable to certain Airbus Model A330, A340-200, and A340-300 series airplanes. This AD requires initial and repetitive inspections of certain frame stiffeners to detect cracking. If any cracking is found, this AD requires replacement of the stiffener with a new, reinforced stiffener. Replacement of the stiffener constitutes terminating action for certain inspections. This AD also requires a one-time inspection of any new, reinforced stiffener; and repair or replacement of the new, reinforced stiffener if any cracking is found during the one-time inspection. This AD also provides for an optional terminating action for certain requirements of this AD. The actions specified by this AD are intended to prevent fatigue failure of certain frame stiffener fittings, which could result in reduced structural integrity of the airplane. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Raytheon Model DH.125, HS.125, and BH.125 Series Airplanes; BAe.125 Series 800A (C-29A and U-125) and 800B Airplanes; and Hawker 800 (Including Variant U-125A) and 800XP Airplanes; Equipped with TFE731 Engines
Document Number: 05-2577
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain Raytheon Model DH.125, HS.125, and BH.125 series airplanes; BAe.125 series 800A (C-29A and U-125) and 800B airplanes; and Hawker 800 (including variant U-125A) and 800XP airplanes. This AD requires installing insulating blankets on the engine compartment firewall and the wire harness passing through the firewall fairlead. This AD is prompted by a report indicating that insulation on the wire harness passing through the firewall fairlead ignited on the fuselage side of the firewall. We are issuing this AD to prevent a fire in the engine compartment from causing possible ignition of outgassing wire insulation on the fuselage side of the firewall, which could lead to an uncontrollable fire in the fuselage.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 Series Airplanes and Model Avro 146-RJ Series Airplanes
Document Number: 05-2576
Type: Rule
Date: 2005-02-14
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model BAe 146 series airplanes and Model Avro 146-RJ series airplanes. This AD requires repetitive inspections to detect discrepancies of the fuselage skin and reinforcing plates along the wing to fuselage fairing access panels on the left- and right-hand sides of the airplane, and repair if necessary. This AD also provides for an optional terminating action for the repetitive inspections. This AD is prompted by a report of chafing on the wing to fuselage fairing panels. We are issuing this AD to prevent chafing of the fuselage skin and reinforcing plates, which could lead to reduced structural integrity of the airplane's fuselage.
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