Department of Transportation April 6, 2005 – Federal Register Recent Federal Regulation Documents

Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services-2005 Update
Document Number: 05-6817
Type: Rule
Date: 2005-04-06
Agency: Surface Transportation Board, Department of Transportation
The Board adopts its 2005 User Fee Update and revises its fee schedule to recover the costs associated with the January 2005 Government salary increases and to reflect changes in overhead costs to the Board.
Hazardous Materials: Hazardous Waste Manifest Requirements; Withdrawal of Notice of Proposed Rulemaking
Document Number: 05-6805
Type: Proposed Rule
Date: 2005-04-06
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
The Research and Special Programs Administrationthe predecessor agency to the Pipeline and Hazardous Materials Safety Administration (PHMSA)and the Environmental Protection Agency (EPA) issued final rules in 1980 requiring that a manifest accompany each shipment of hazardous waste during transportation. In 49 CFR 172.205, PHMSA provided that the uniform manifest ``may be used as the shipping paper required by'' the Hazardous Materials Regulations, so long as it contained all the required information. On May 22, 2001, EPA published a notice of proposed rulemaking (NPRM) to revise the hazardous waste manifest system. One of EPA's proposed changes would have allowed the uniform manifest to be prepared and transmitted electronically from the generator to the disposal facility, rather than requiring it to accompany the shipment. EPA is deferring final action on the electronic manifest pending further analysis, outreach, and possible supplemental proposals. Therefore, PHMSA is withdrawing an NPRM published on August 8, 2001, that would have amended the Hazardous Materials Regulations on the use of the Uniform Hazardous Waste Manifest for shipments of hazardous wastes. The changes proposed in that NPRM would have accommodated changes proposed by EPA. PHMSA proposed to require that, if the generator of a hazardous waste prepares an electronic manifest, either a physical copy of the electronic manifest or another document containing the information required for a shipping paper must accompany the hazardous waste in transportation.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-6804
Type: Notice
Date: 2005-04-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from 30 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).
Office of Hazardous Materials Safety; Notice of Delays in Processing of Exemption Applications
Document Number: 05-6803
Type: Notice
Date: 2005-04-06
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of exemption applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
Airworthiness Directives; Hartzell Propeller Inc. (Formerly TRW Hartzell Propeller) Models HC-B3TN-2, HC-B3TN-3, HC-B3TN-5, HC-B4TN-3, HC-B4TN-5, HC-B4MN-5, and HC-B5MP-3 Turbopropellers
Document Number: 05-6778
Type: Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising an existing airworthiness directive (AD), that is applicable to Hartzell Propeller Inc. (formerly TRW Hartzell Propeller) models HC-B3TN-2, HC-B3TN-3, HC-B3TN-5, HC-B4TN-3, HC-B4TN- 5, HC-B4MN-5, and HC-B5MP-3 turbopropellers. That AD requires, before further flight, that all new propellers being installed and all serviceable propellers being reinstalled, are attached using part number (P/N) B-3339 bolts and P/N A-2048-2 washers, and that the bolts are properly torqued. That AD also requires a onetime torque-check of P/N A-2047 bolts that are already installed through propellers and replacement of those bolts if necessary, with P/N B-3339 bolts and P/N A-2048-2 washers. This AD requires the same actions, and includes the use of other equivalent FAA-approved serviceable bolts and washers. This AD results from the need to make nonsubstantive wording changes and additions to clarify that terminating action is achieved by attaching propellers with P/N B-3339 bolts and P/N A-2048-2 washers or other equivalent FAA-approved serviceable bolts and washers, to the engine flange, as instructed in the compliance section of this AD. We are issuing this AD to preclude propeller attaching bolt failures or improperly secured propellers, which could lead to separation of the propeller from the airplane.
Airworthiness Directives; MT-Propeller Entwicklung GmbH Propellers
Document Number: 05-6777
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain MT-Propeller Entwicklung GmbH variable pitch and fixed pitch propellers with serial numbers (SNs) below 95000, which have not been overhauled since April 1994. This proposed AD would require you to perform initial and repetitive visual inspections of those propeller blades. Further, this proposed AD would require you to remove all propeller blades from service with damaged erosion sheath bonding or loose erosion sheaths and to install any missing or damaged polyurethane protective strips. This proposed AD results from reports of stainless steel leading edge erosion sheaths separating from propeller blades and reports of propeller blades missing or without polyurethane protective strips due to insufficient inspection procedures in older MT-Propeller Entwicklung GmbH Operation & Installation Manuals. We are proposing this AD to prevent erosion sheath separation leading to damage of the airplane.
Airworthiness Directives; Goodrich De-icing and Specialty Systems “FASTprop” Propeller De-icers
Document Number: 05-6776
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Goodrich De-icing and Specialty Systems ``FASTprop'' propeller de- icers, part numbers P4E1188 series, P4E1601 series, P4E2200 series, P4E2271-10, P4E2575-7, P4E2575-10, P4E2598-10, P5855BSW, P6199SW, P6592SW, P6662SW, and P6975-11, installed. This proposed AD would require inspection, repair, or replacement of those ``FASTprop'' propeller de-icers that fail visual checks before the first flight each day. This proposed AD results from reports of Goodrich ``FASTprop'' propeller de-icers becoming loose or debonded, and detaching from propeller blades during operation. We are proposing this AD to prevent Goodrich ``FASTprop'' propeller de-icers from detaching from the propeller blade, resulting in damage to the airplane and possible injury to the passengers and crewmembers.
Airworthiness Directives; Teledyne Continental Motors GTSIO-520 Series Reciprocating Engines
Document Number: 05-6775
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Teledyne Continental Motors (TCM) GTSIO-520 series reciprocating engines. This proposed AD would require initial and repetitive visual inspections of the starter adapter assembly and crankshaft gear. This proposed AD would also require unscheduled visual inspections of the starter adapter assembly and crankshaft gear due to a rough-running engine. This proposed AD would also require replacement of the starter adapter shaft gear needle bearing with a certain bushing. Also, this proposed AD would require installation of a certain TCM service kit at the next engine overhaul, or at the next starter adapter replacement, whichever occurs first. Also, this proposed AD would require adding a certain placard to the instrument panel before further flight. This proposed AD results from six service difficulty reports and one fatal accident report received related to failed starter adapter assemblies. We are proposing this AD to prevent failure of the starter adapter assembly and or crankshaft gear, resulting in failure of the engine and possible forced landing.
Airworthiness Directives; Turbomeca Artouste III Series Turboshaft Engines
Document Number: 05-6774
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for Turbomeca Artouste III series turboshaft engines. This proposed AD would require modification of the engine air intake assembly. This proposed AD results from a report of an in-flight shutdown and subsequent loss of control of the helicopter due to ice ingestion into the engine. We are proposing this AD to prevent ice ingestion into the engine, which could lead to an in-flight shutdown and subsequent loss of control of the helicopter.
Airworthiness Directives; Dornier Model 328-100 and -300 Series Airplanes
Document Number: 05-6773
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Dornier Model 328-100 and -300 series airplanes. This proposed AD would require operators to install colored identification strips on the pulley brackets, fairlead bracket assemblies, operational assemblies, and flight control cables. This proposed AD is prompted by a report that the flight control systems do not have elements that are distinctively identified. We are proposing this AD to prevent the incorrect re-assembly of the flight control system during maintenance, which could result in reduced controllability of the airplane.
Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 Airplanes
Document Number: 05-6772
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. This proposed AD would require the overhaul of certain auxiliary components installed on the main landing gear (MLG) and nose landing gear (NLG). This proposed AD is prompted by manufacturer determination that overhaul limits need to be imposed for certain auxiliary components of the MLG and NLG. Components that exceed the established overhaul limits could fail due to fatigue, wear, and age. We are proposing this AD to prevent failure of the MLG or NLG, and consequent damage to the airplane and injury to flightcrew and passengers.
Airworthiness Directives; Fokker Model F.28 Mark 0100 Series Airplanes
Document Number: 05-6771
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0100 series airplanes. This proposed AD would require an inspection to determine the part number of the passenger service unit (PSU) panels for the PSU modification status, and corrective actions if applicable. This proposed AD is prompted by reported incidents of smoke in the passenger compartment during flight. One of those incidents also included a burning smell and consequently led to emergency evacuation of the airplane. We are proposing this AD to prevent overheating of the PSU panel due to moisture ingress, which could result in smoke or fire in the passenger cabin.
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 Airplanes
Document Number: 05-6770
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, - 311, and -315 airplanes. This proposed AD would require revising the airworthiness limitations section of the Instructions for Continued Airworthiness by incorporating new and revised structural inspection procedures and new and revised inspection intervals for the longitudinal skin joints in the fuselage pressure shell. This proposed AD would also require phase-in inspections and repair of any crack found during any phase-in inspection. This proposed AD is prompted by a report indicating that visual inspections were not adequate for detecting fatigue cracking in portions of the longitudinal skin joints in the fuselage pressure shell. We are proposing this AD to detect and correct fatigue cracking of the longitudinal skin joints in the fuselage pressure shell, which could affect the structural integrity of the airplane, and result in loss of cabin pressurization during flight.
Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes
Document Number: 05-6768
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A300 B2 and B4 series airplanes. This proposed AD would require modifying the wiring of the autopilot pitch torque limiter switch. This proposed AD is prompted by several reports of pitch trim disconnect caused by insufficient length in the wiring to the pitch torque limiter lever. We are proposing this AD to prevent possible trim loss when the flightcrew tries to override the autopilot pitch control, which could result in uncontrolled flight of the airplane.
Airworthiness Directives; Learjet Model 23, 24, 24A, 24B, 24B-A, 24C, 24D, 24D-A, 24E, 24F, 24F-A, 25, 25A, 25B, 25C, 25D, 25F, 28, 29, 31, 31A, 35, 35A (C-21A), and 36 Airplanes
Document Number: 05-6767
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Learjet Model 23, 24, 24A, 24B, 24B-A, 24C, 24D, 24D-A, 24E, 24F, 24F-A, 25, 25A, 25B, 25C, 25D, 25F, 28, 29, 31, 31A, 35, 35A (C-21A), and 36 airplanes. This proposed AD would require a one-time inspection of the center ball of the aileron control cable or cables for a defective swage, and corrective actions if necessary. This proposed AD is prompted by a report indicating that an aileron cable failed on one affected airplane when the cable underwent a tension check. We are proposing this AD to prevent severe weakening of the aileron cable, and consequent reduced controllability of the airplane.
Airworthiness Directives; Airbus Model A319, A320, and A321 Series Airplanes
Document Number: 05-6766
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
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 modifying the parking brake system to automatically restore the normal parking brake if the parking brake pressure decreases below a certain threshold. This proposed AD is prompted by a report of failure of the parking brake while the airplane was on the holding point of the runway before takeoff, leading to a runway departure. We are proposing this AD to ensure normal braking is available to prevent possible runway departure in the event of failure of the parking brake.
Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes
Document Number: 05-6765
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This proposed AD would require repetitively replacing and testing a certain relay of the passenger oxygen release system in the forward cabin. This proposed AD is prompted by reports of a failed relay of the passenger oxygen release system. We are proposing this AD to prevent failure of the relay, which could result in the oxygen masks failing to deploy and deliver oxygen to the passengers in the event of a rapid decompression or cabin depressurization.
Airworthiness Directives; Bombardier Model DHC-8-400, -401, and -402 Airplanes
Document Number: 05-6764
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400, -401, and -402 airplanes. This proposed AD would require revising the Airworthiness Limitation section of the Instructions for Continued Airworthiness of the Dash 8 400 Series (Bombardier) Maintenance Requirements Manual to reduce the life limits of the main landing gear (MLG) orifice support tube, upper bearing, and piston plug; and to reduce the threshold for initiating repetitive detailed inspections for cracking of the engine isolator brackets. This proposed AD is prompted by the discovery of fatigue failures, during type certification fatigue testing, at the engine isolator bracket and at the orifice support tube, upper bearing, and piston plug in the shock strut assembly of the MLG, which are principal structural elements. We are proposing this AD to prevent the development of cracks in these principal structural elements, which could reduce the structural integrity of the engine installation and the MLG. Reduced structural integrity of the engine installation could result in separation of the engine from the airplane, and reduced structural integrity of the MLG could result in collapse of the MLG.
Airworthiness Directives; Dornier Model 328-100 and -300 Series Airplanes
Document Number: 05-6761
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Dornier Model 328-100 and -300 series airplanes. This proposed AD would require a pressure test and detailed inspection of each fuselage drain line to determine if there is a blockage, and related investigative/corrective actions if necessary. This proposed AD is prompted by a report of leakage at one of the drain lines in the fuselage. We are proposing this AD to prevent blockage within the drain lines, causing fluids to collect. These fluids may freeze and expand, damaging the drain lines, and allowing fuel to leak into the cabin and fuel vapors to come into contact with ignition sources, which could result in consequent fire in the cabin.
Airworthiness Directives; Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 Series Airplanes
Document Number: 05-6760
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 series airplanes. This proposed AD would require a detailed inspection to determine the presence of incorrectly installed bushings in the attachment holes of the reinforcing strap of the left- and right-hand wings' lower skin, and corrective actions if necessary. This proposed AD is prompted by a report that bushings were installed in accordance with improper procedures in the structural repair manual. We are proposing this AD to detect and correct improperly installed bushings, which could result in reduced tensile strength of the reinforcing strap of the wing's lower skin, and consequently a reduction of the structural capability of the wing and possible wing failure.
Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Series Airplanes
Document Number: 05-6759
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for all Fokker Model F.28 Mark 0070 and 0100 series airplanes. This proposed AD would require repetitive inspections for damage of the drive rod assembly of the aileron tab on each aileron actuator; repetitive measurements of the clearance between the aileron hydraulic lines and the drive rod; and related investigative and corrective actions if necessary. This proposed AD is prompted by a report of an aileron 2 fault caused by severe wear of the polyamide washer that is part of an anti-rotation bush assembly in the aileron attachment lug. We are proposing this AD to prevent excessive wear of the polyamide washer of the aileron actuator bush assembly, which could result in aileron flutter and loss of control of the airplane.
Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Airplanes)
Document Number: 05-6758
Type: Proposed Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Model A300-600 airplanes. This proposed AD would require an inspection for evidence of chafing between the hydraulic flexible hose and the ram air turbine (RAT) hub, and related investigative and corrective actions if necessary. This proposed AD is prompted by reports of holes in the RAT hub cover. We are proposing this AD to prevent a hole in the RAT hub cover. A hole in the RAT hub cover could allow water to enter the RAT governing mechanism, freeze during flight, and jam the governing mechanism. In addition, the metal particles that result from chafing between the hydraulic flexible hose and the RAT could mix with the lubricant grease and degrade the governing mechanism. In an emergency, a jammed or degraded RAT could result in its failure to deploy, loss of hydraulic pressure or electrical power to the airplane, and consequent reduced controllability of the airplane.
Airworthiness Directives; McDonnell Douglas Model DC-9-15F Airplanes Modified In Accordance With Supplemental Type Certificate (STC) SA1993SO; and Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes in All-Cargo Configuration, Equipped With a Main-Deck Cargo Door
Document Number: 05-6757
Type: Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for the airplanes listed above. For certain airplanes, this AD requires inspecting to determine the airplane's cargo configuration, and reporting findings to the FAA. For airplanes modified in accordance with a certain STC or with a cargo configuration that deviates from the as-delivered configuration, this AD requires revising certain manuals and manual supplements to specify certain cargo limitations. This AD also requires relocating all cargo restraints on the main cargo deck. This AD is prompted by reports that deficiencies related to the cargo loading system may exist on all McDonnell Douglas Model DC-9-15F airplanes modified in accordance with STC SA1993SO. We are issuing this AD to ensure that cargo in the main cabin is adequately restrained and to prevent failure of components of the cargo loading system, failure of the floor structure, or shifting of cargo. Any of these conditions could cause cargo to exceed load distribution limits or cause damage to the fuselage or control cables, which could result in reduced controllability of the airplane.
Pipeline Safety: Petition for Waiver; Enstar Natural Gas Company
Document Number: 05-6730
Type: Notice
Date: 2005-04-06
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
Enstar Natural Gas Company (Enstar) has petitioned the Office of Pipeline Safety (OPS) for a waiver of the pipeline safety regulation that prohibits tracer wire from being wrapped around the pipe.
Pipeline Safety: Strapping Table Calibration for Pipeline Breakout Tank Operators
Document Number: 05-6729
Type: Notice
Date: 2005-04-06
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This advisory notice alerts pipeline operators of all hazardous liquid pipeline facility systems about the need to validate the accuracy of breakout tank strapping tables. Under certain circumstances, strapping table errors can potentially lead to dangerous conditions.
Petitions for Exemption; Dispositions of Petitions Issued
Document Number: 05-6728
Type: Notice
Date: 2005-04-06
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 the disposition of certain petitions previously received. 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.
Aviation Proceedings, Agreements Filed the Week Ending March 18, 2005
Document Number: 05-6724
Type: Notice
Date: 2005-04-06
Agency: Office of the Secretary, Department of Transportation
Regulatory Review
Document Number: 05-6723
Type: Notice
Date: 2005-04-06
Agency: Office of the Secretary, Department of Transportation
On January 26, 2005, the Department of Transportation (DOT) published a notice of regulatory review explaining its intent to conduct a review of its existing regulations and its current Regulatory Agenda. As part of this review, the Department announced that it would hold a public meeting to discuss and consider the public's comments. We are now publishing the agenda for that meeting.
Standard Instrument Approach Procedures; Miscellaneous Amendments
Document Number: 05-6656
Type: Rule
Date: 2005-04-06
Agency: Federal Aviation Administration, Department of Transportation
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.
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