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

This notice publishes the FMCSA's receipt of applications from three individuals for an exemption from the diabetes mellitus prohibition 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 requirement prescribed in 49 CFR 391.41(b)(3).

The FAA proposes to supersede three existing airworthiness directives (ADs) that apply to certain Boeing Model 747 airplanes. The existing ADs currently require repetitive inspections of the body station (BS) 2598 bulkhead, and corrective action if necessary. This proposed AD would add a requirement to modify the bulkhead, including a one-time inspection and corrective action if necessary, which would terminate certain repetitive inspections. This proposed AD would also require a post-modification inspection of the modified area. This proposed AD results from new reports of cracking in all three areas that require inspection in accordance with the existing ADs. We are proposing this AD to prevent fatigue cracking of the BS 2598 bulkhead structure, which could result in inability of the structure to carry horizontal stabilizer flight loads, and reduced controllability of the airplane.

As authorized by section 5508 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the U.S. DOT/FHWA is interested in working with eligible State and local governments and one or more private sector partners to build upon the Intelligent Transportation Infrastructure Program (ITIP) that began under the provisions of section 5117(b)(3) of the Transportation Equity Act for the 21st Century (TEA-21). The SAFETEA-LU provides for the extension and further expansion of the ITIP program under the Transportation Technology Innovation and Demonstration Program (TTID), a new 2-part program that would advance the deployment of an operational intelligent transportation infrastructure system, through measurement of various transportation system parameters, to simultaneously aid in local transportation planning and analysis activities, while also supporting national monitoring of traffic congestion levels. The purpose of this program is threefold: Addressing national, local, and commercial data needs through enhancement of surveillance and data management capabilities in major metropolitan areas. This involves integration of data from existing surveillance infrastructure, and strategic deployment of supplemental surveillance infrastructure to support the provision of both real-time and archived roadway system performance data. At the national level, the goal is to develop an ability to measure the operating performance of the roadway system across the nation. Made available locally, such roadway system performance data can be used to assist in local system planning, evaluation, and management activities. The same data that is useful to the public transportation agencies also has value for commercial traveler information purposes. To achieve these objectives, the U.S. DOT/FHWA is seeking expressions of consent from eligible State and/or local transportation agencies/organizations interested in forming a public-private partnership, with a private partner that has either been pre-selected, or that will be selected, by the U.S. DOT/FHWA, to participate in the TTID program.

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 Board is commencing an investigation into the practices of the National Classification Committee (NCC), which administers the motor carrier classification system for its motor carrier members pursuant to an agreement approved by the Board under 49 U.S.C. 13703. The purpose of this investigation is to develop a more thorough record regarding charges of abuse of market power by NCC, in its practices generally, and particularly with its action changing the classification of lighting products and fixtures in 2004.

These special conditions are issued for the Gulfstream Aerospace Limited Partnership (GALP) Model G150 airplane. This airplane will have a novel or unusual design feature associated with use of a hydrophobic coating, rather than windshield wipers, as the means to maintain a clear portion of the windshield during precipitation conditions, as required by the airworthiness standards for transport category airplanes. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. 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 notice announces the availability of and requests comments on a proposed advisory circular (AC) that sets forth acceptable methods of compliance with 14 CFR part 25, Appendix H, section H25.5(a)(1). This proposed AC complements revisions to the airworthiness standards that are being proposed by a separate notice. This notice is necessary to give all interested persons an opportunity to present their views on the proposed AC.

The FAA proposes to supersede an existing airworthiness directive (AD) for certain RRC 250-B and 250-C series turboshaft and turboprop engines. That AD currently requires a onetime inspection of the fuel nozzle screen for contamination, and if contamination is found, inspection and cleaning of the entire aircraft fuel system before further flight. That AD also requires replacing the fuel nozzle with a new design fuel nozzle, at the next fuel nozzle overhaul or by June 30, 2006, whichever occurs first. This proposed AD would require the same actions, but would add additional part numbers (P/Ns) to the list of affected fuel nozzles. This proposed AD would also explain that the existing AD, as worded, allows certain part number (P/N) fuel nozzles back into service. Those fuel nozzles must not be allowed back into service. This proposed AD results from the discovery that several P/Ns of fuel nozzles were inadvertently left out of AD 2004-24-09. We are proposing this AD to minimize the risk of sudden loss of engine power and uncommanded shutdown of the engine due to fuel contamination and collapse of the screen in the fuel nozzle.

This document proposes superseding an existing airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) model helicopters. That AD currently requires an initial inspection and at specified intervals checks and inspections of the tail rotor blade (blade) for a deformation, a crack, and a bent or deformed tail rotor weight (weight). Also, that AD requires, before further flight, replacing each blade with an airworthy blade if a deformation, a crack, or a bent or deformed weight is found. This action would contain the same actions as the existing AD and would also propose adding certain serial-numbered blades to the applicability that were inadvertently omitted from the current AD and would require replacing each affected blade, which would be terminating action. This proposal is prompted by three reports of skin cracks originating near the blade trailing edge balance weight. The actions specified by the proposed AD are intended to prevent blade failure and subsequent loss of control of the helicopter.

This document proposes adopting a new airworthiness directive (AD) for Eurocopter France (ECF) Model EC 155B and B1 helicopters. This proposal would require inspecting an electrical cable bundle for wear. If wear is present, the AD would require installing an airworthy cable bundle and modifying the routing of the electrical cable bundles. This proposal is prompted by reports of a short circuit in the wiring, which led to failure of the normal and emergency landing gear operation modes. The actions specified by this proposed AD are intended to prevent interference of the wiring with the structure resulting in an electrical short circuit, failure of the landing gear to extend, and an emergency landing.

This amendment adopts a new airworthiness directive (AD) for the specified Bell Helicopter Textron Canada (BHTC) model helicopters that requires, before the first flight of each day, checking the tail rotor blade (blade) root doublers (doublers) for an edge void or de- bond on both sides of each blade, and if an edge void or de-bond is found, replacing the unairworthy blade with an airworthy blade. This AD also requires replacing any affected serial-numbered blade with an airworthy blade. This amendment is prompted by reports of de-bond of the doublers due to inadequate surface preparation resulting in poor adherence of the doublers. The actions specified by this AD are intended to prevent loss of a blade, loss of tail rotor control, and subsequent loss of control of the helicopter.

This document makes a correction to a section heading in the notice of meeting published in the Federal Register on October 4, 2005. That notice announced an upcoming meeting of the National Parks Overflight Advisory Group Aviation Rulemaking Committee.

The FAA proposes to rule and invites public comment on the release of land at the Pearland Regional Airport in accordance with Title 49, United States Code, Section 47153.

These special conditions are issued for Dassault-Aviation Mystere-Falcon 50 airplanes modified by Chippewa Aerospace, 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 incorporates the installation of a Honeywell Primus Epic Control Display System for Retrofit (CDS-R) that performs 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 action establishes three area navigation (RNAV) routes and revises one existing RNAV route in the Western United States (U.S.) in support of the High Altitude Redesign (HAR) program. The FAA originally proposed to revise two area navigation routes as part of this action, but one revised route (Q-11) was deleted because the proposed change provided limited benefit. The FAA is taking this action to enhance safety and to improve the efficient use of the navigable airspace in the Western U.S.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-22694 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

This final rule establishes the Organization Designation Authorization (ODA) program. The ODA program expands the scope of approved tasks available to organizational designees; increases the number of organizations eligible for organizational designee authorizations; and establishes a more comprehensive, systems-based approach to managing designated organizations. This final rule also sets phaseout dates for the current organizational designee programs, the participants in which will be transitioned into the ODA program. This program is needed as the framework for the FAA to standardize the operation and oversight of organizational designees. The effect of this program will be to increase the efficiency with which the FAA appoints and oversees designee organizations, and allow the FAA to concentrate its resources on the most safety-critical matters.

This action establishes a Class E3 airspace area at Riverside March Field, CA.

On July 18, 2005, the Federal Aviation Administration (FAA) issued an order to show cause, which solicited written views on extending for a second time the FAA's August 18, 2004, order limiting scheduled operations at O'Hare International Airport (O'Hare). The August 2004 order made effective a series of schedule adjustments that the air carriers individually agreed to during a scheduling reduction meeting. These agreements, in general, resulted in a voluntary peak- hour arrival rate at O'Hare of eighty-eight scheduled flights, with the exception of the 8 p.m. hourthe final peak hour of the daywhen the rate would not exceed ninety-eight scheduled arrivals. The FAA previously extended the effectiveness of the August 2004 order through October 29, 2005. This notice announces that the FAA Administrator has signed an order that further extends the August 2004 order through April 1, 2006. The text of the extension order is published below as supplementary information to this notice.

This action corrects errors in the legal description of Class D airspace in a direct final rule, request for comments that was published in the Federal Register on Friday July 29, 2005 (70 FR 43742).

These special conditions are issued for Learjet Model 35, 35A, 36, and 36A airplanes modified by Genesis 3 Engineering, 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 incorporates the installation of dual Revue Thommen AG AD30 Air Data Display Units and dual J2, Inc. Air Data Computers that 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.