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

The FAA is issuing this notice to advise the public of a meeting of the RTCA Program Management Committee.

NHTSA received a letter asking us to extend the comment period for the Notice of Proposed Rulemaking (NPRM) to amend the Federal motor vehicle safety standard (FMVSS) for occupant crash protection. The agency has proposed to amend FMVSS No. 208, Occupant crash protection, by establishing a test procedure applicable to vehicles equipped with a child restraint anchorage system, commonly referred to as a ``LATCH'' system, in a front passenger seating position and that comply with advanced air bag requirements through the use of a suppression system. The proposed procedures specify a repeatable, reproducible, and realistic method of attaching child restraints to the LATCH system for the suppression test. To provide interested persons additional time to prepare comments, we are extending the end of the comment period from July 18, 2005, to August 17, 2005. This 30-day extension will allow vehicle manufacturers the appropriate opportunity to review a technical report cited in the NPRM in support of the agency's proposal, and provide more meaningful comments.

This notice announces NHTSA's publication of a technical report evaluating the changes over time in static stability factor in passenger vehicles. The report's title is: Trends in the Static Stability Factor of Passenger Cars, Light Trucks, and Vans.

Under the provisions of Title 49, U.S.C. Section 47153(d), notice is being given that the FAA is considering a request from the City of Monroe to waive the requirement that a 8.7 acre parcel of surplus property, located at the Monroe Regional Airport, be used for aeronautical purposes.

This document sets forth the Federal Aviation Administration's (FAA) policy concerning the shared responsibility between design approval holders (DAHs) and operators in achieving certain types of safety objectives. It also provides guidance on the use of DAH requirements to support these safety objectives. This policy statement is intended to further clarify when and how the FAA will use DAH requirements in the future to address certain airworthiness issues for transport airplanes.

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. 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.

This notice announces the extension of the comment period for the notice of availability of and request for comments on a proposed advisory circular, Advisory Circular (AC) 23-13A, Fatigue, Fail-Safe, and Damage Tolerance Evaluation of Metallic Structure for Part 23 Airplanes. The FAA is extending the comment period to allow companies and individuals adequate time to complete their comments to the proposed AC.

This proposal would revise Class E airspace at Herlong, CA. Additional controlled airspace is necessary to contain Instrument Flight Rules (IFR) aircraft during airborne holding at Amedee Army Air Field (AAF) due to weather below landing minimums, traffic congestion, or other operational reasons. Holding airspace is designated at specific altitudes and lateral boundaries within controlled airspace to provide a safe environment above obstacles. This holding pattern is an integral part of the new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at the Amedee AAF.

These special conditions are issued for Dassault Model Fan Jet Falcon, Fan Jet Falcon Series C, D, E, and F airplanes; Model Mystere- Falcon 200 airplanes; and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5 airplanes modified by Royal Air, Inc. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification is the installation of new air data display units (ADDU) and a new air data sensor, which perform critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

This document grants in full the petition of General Motors Corporation (GM) for an exemption of a high-theft line, the Chevrolet Cobalt, from the parts-marking requirements of the Federal Motor Vehicle Theft Prevention Standard. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard.

On July 12, 1996, the National Highway Traffic Safety Administration (NHTSA) published a final rule that rescinded Federal Motor Vehicle Safety Standard No. 126, Truck-camper loading, and combined its provisions with 49 CFR 575.103, Truck-camper loading. When combining these two regulations, NHTSA inadvertently changed a cross reference so that it refers to only one of five information requirements, instead of all five as it had previously. This document corrects that error.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for approval. The Federal Register Notice with a 60-day comment period soliciting comments was published on April 11, 2005.

This final rule will establish Class E airspace at Aspen, CO. A reduction in operating hours of Class D airspace service at Aspen- Pitkin County/Sardy Field makes this action necessary. This Class E airspace extending upward from the surface of the earth will provide a controlled environment for the safety of aircraft executing Instrument Flight Rules (IFR) operations outside the hours of Class D airspace service.

The Federal Motor Carrier Safety Administration (FMCSA) adopts as final its interim regulations at 49 CFR part 375 published in the Federal Register on June 11, 2003 (68 FR 35064) and subsequent technical amendments published on March 5, 2004 (69 FR 10570), April 2, 2004 (69 FR 17313), and August 5, 2004 (69 FR 47386). The final rule specifies how motor carriers transporting household goods by commercial motor vehicle in interstate commerce must assist their individual customers who ship household goods. As no further amendments are necessary, the interim regulations at part 375 are adopted without change.

NHTSA published a final rule in July 2003 that updated the Federal motor vehicle safety standard on glazing materials. The agency received several petitions for reconsideration of the rule, and has published documents that have delayed the rule's effective date. Today's document completes the response to the petitions by amending provisions on shade band requirements; by providing a compliance option to certain aftermarket glazing materials; by delaying the compliance date of the rule for motor vehicle manufacturers by two months so that they can deplete glazing inventories; and by correcting several provisions of the rule.

This document makes a correction to Airworthiness Directive (AD) 2005-12-51, which was published in the Federal Register on June 21, 2005 (70 FR 35519), and applies to Rockwell International (Aircraft Specification No. A-2-575 previously held by North American and recently purchased by Boeing) Models AT-6 (SNJ-2), AT-6A (SNJ-3), AT- 6B, AT-6C (SNJ-4), AT-6D (SNJ-5), AT-6F (SNJ-6), BC-1A, SNJ-7, and T-6G airplanes; and Autair Ltd. (Aircraft Specification No. AR-11 previously held by Noorduyn Aviation Ltd.) Model Harvard (Army AT-16) airplanes. We incorrectly referenced the docket number as FAA-2005-24163 throughout the document. The correct docket number is FAA-2005-21463. This action corrects the regulatory text.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums 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.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747-100, -200, -300, and 747SP series airplanes. That AD currently requires certain inspections to find missing or alloy-steel taperlock fasteners (bolts) in the diagonal brace underwing fittings, and corrective actions if necessary. For airplanes with missing or alloy-steel fasteners, that AD also mandates replacement of certain fasteners with new fasteners, which constitutes terminating action for certain inspections. This new AD expands the applicability to include additional airplane models and requires a new inspection to determine fastener material and to find missing or broken fasteners, and related investigative/corrective actions if necessary. This AD is prompted by reports indicating that cracked fasteners made of A286 material were found on airplanes that had only fasteners made of A286 material installed in the area common to the diagonal brace underwing fittings. We are issuing this AD to prevent loss of the underwing fitting load path due to missing or damaged alloy-steel or A286 taperlock fasteners, which could result in separation of the engine and strut from the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This AD requires replacing the existing halogen lamps in the cargo compartment light assemblies with new incandescent lamps, and installing warning and identification placards. This AD is prompted by a report of an aft cargo fire during flight. We are issuing this AD to prevent a fire in the cargo compartment.

Casino Transportation, Inc. (CTI), a federally regulated motor passenger carrier (MC-279356), has filed an application under 49 U.S.C. 14303 to purchase the stock of and lease the operating authorities of Four Winds, Inc., d/b/a People's Choice Transportation, Inc. (People's Choice), also a federally regulated motor passenger carrier (MC- 264768). Additionally, Craig Caldwell (Caldwell), Greg Waterman, and Robert Waterman (Watermans) seek authority to control both carriers and Joanne Lah (Lah) seeks limited control of certain elements of the operations of both carriers for a limited period of time. Persons wishing to oppose this application must follow the rules at 49 CFR 1182.5 and 1182.8. The Board has tentatively approved the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 767-200 and -300 series airplanes. For certain airplanes, this proposed AD would require repetitive inspections for discrepancies of the tube assemblies and insulation of the metered fire extinguisher system and the bleed air duct couplings of the auxiliary power unit (APU) located in the aft cargo compartment; and corrective actions if necessary. For certain other airplanes, this proposed AD would require a one-time inspection for sufficient clearance between the fire extinguishing tube and the APU bleed air duct in the aft cargo compartment, and modification if necessary. This proposed AD is prompted by one report indicating that an operator found a hole in the discharge tube assembly for the metered fire extinguishing system; and another report indicating that an operator found chafing of the fire extinguishing tube against the APU duct that resulted in a crack in the tube. We are proposing this AD to prevent fire extinguishing agent from leaking out of the tube assembly in 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.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for renewal and comment. The ICR describes the nature of the information collection and its expected cost and burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on April 27, 2005 (FR Vol. 70, No. 80, page 21835). No comments were received.

This notice announces the availability of changes to AC 27-1B, Certification of Normal Category Rotocraft, and AC 29-2C, Certification of Transport Category Rotocraft for the following AC paragraphs: 27.672, 27.683, 27.777, 27.1321, 27.1585, AC 27 MG 8, AC 27 Appendix A, AC 27 Appendix B, 29.45, 29.59A, 29.75A, 29.337, 29.631, 29.672, 29.683, 29.777, 29.1321, 29.1333, 29.1351, 29.1585, AC 29 MG 8, AC 29 Appendix A, and AC 29 Appendix B. These AC paragraphs are final and replace the existing AC paragraphs dated 9/30/99, as well as replace any updates to any paragraphs in Change 1 dated 2/12/03. AC 27.865B and AC 29.865B, External Loads, are revised and replace AC 27.865B and AC 29.865B dated 9/30/99. AC paragraphs 27.865B and 29.865B also replace and cancel AC 27 MG 12 and AC 29 MG 12 dated 9/30/99, as well as any updates in Change 1 dated 2/12/03. Also, AC 27 MG 18 and AC 29 MG 18, Helicopter Terrain Awareness and Warning System (HTAWS), are new AC paragraphs and are now final. All of these AC paragraphs will be included in the upcoming Change 2 update.

This action establishes a Class E Surface Area to replace existing Class D airspace at South Lake Tahoe, CA.