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

The FAA proposes to adopt a new airworthiness directive (AD) for Rolls-Royce Corporation 250-B and 250-C series turboprop and turboshaft engines with certain part numbers (P/Ns) of gas producer rotor assembly tie bolts manufactured by EXTEX Ltd., Pacific Sky Supply Inc., Rolls-Royce Corporation (RRC), and Superior Air Parts Inc. This proposed AD would require operators to remove from service affected gas producer rotor assembly tie bolts. This proposed AD results from eleven reports of RRC tie bolt failure due to high cycle fatigue. We are proposing this AD to prevent tie bolt failure that could cause loss of engine power, resulting in a first stage turbine wheel overspeed and an uncontained engine failure.

The FAA invites public comments about our intention to request the Office of Management and Budget's (OMB) renewal of a current information collection. The Federal Register Notices with a 60-day comment period soliciting comments on the following collection of information was published on July 27, 2005, vol. 70, 143, pages 43502-43503. Information is collected from applicants who wish to obtain repair station certification. Applicants must submit FAA form 8310-3 to the appropriate FAA flight standards district office for review. When all the requirements have been met, and air agency certificate and repair station operations specifications with appropriate rating and limitations are issued.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 147: Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne Equipment.

The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2006, through December 31, 2006, will remain at 25 percent of covered aviation employees for random drug testing and 10 percent of covered aviation employees for random alcohol testing.

This notice proposes to establish Class E5 airspace at Hill City, KS.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), FMCSA announces the Information Collection Request (ICR) described below has been sent to the Office of Management and Budget (OMB) for review and approval. The ICR describes a currently approved collection activity and its expected cost and burden. The Federal Register notice allowing for a 60-day comment period on the ICR was published on June 21, 2005 (70 FR 35766). No comments were received.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) described below is being forwarded to the Office of Management and Budget (OMB) for approval for a new information collection related to the Nation's ferry operations. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on August 30, 2005 (70 FR 51409) and the comment period ended on October 30, 2005. The 60-day notice produced no comments.

On November 1, 2005, the Surface Transportation Board issued a Notice of Intent to prepare an Environmental Impact Statement (EIS), notice of availability of a draft Scope of Study for the EIS, notice of scoping meetings, and request for comments for the subject proceeding that contained an inadvertent error (see 70 FR 65976). The due date for comments was identified as January 13, 2005. The correct date is January 13, 2006. Please revise your copies accordingly.

The FAA is revising an earlier proposed airworthiness directive (AD) for certain Boeing Model 767-200, -300, and -300F series airplanes. The original NPRM would have required verifying the part and serial numbers of certain main landing gear (MLG) bogie beam pivot pins; replacing those pivot pins with new or overhauled pivot pins if necessary; and ultimately replacing all pivot pins with new, improved pivot pins. The original NPRM was prompted by reports indicating that numerous fractures of the MLG bogie beam pivot pin have been found and that some pivot pins may have had improper rework during manufacture. This action revises the original NPRM by adding new inspections; revising the inspection thresholds and repetitive intervals; and revising the compliance time for replacing all pivot pins with new- material pins. We are proposing this supplemental NPRM to prevent fracture of the MLG bogie beam pivot pin, which could lead to possible loss of the MLG truck during takeoff or landing and consequent loss of control of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 777-200 and -300 series airplanes. This proposed AD would require inspecting the lower web of the aft fairing of engine struts for any discoloration and doing any related investigative and corrective action if necessary; inspecting the heat shield castings for any damage and doing any corrective action if necessary; installing gap cover strips; and replacing insulation blankets with new insulation blankets. This proposed AD results from a report that several discolored fairing lower webs and some damaged/ deteriorated insulation blankets were found in the aft fairings of engine struts. We are proposing this AD to prevent cracking of lower webs of the aft fairings, which could result in flammable hydraulic fluid leaking onto or near an ignition source, and possibly result in an uncontrollable fire in the engine strut area.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. This proposed AD would require installing a rivet and washer in the hole of the upper frame of the auxiliary power unit (APU) firewall. This proposed AD results from a report indicating that, during production, a pinhole was left open at the upper frame of the APU firewall. We are proposing this AD to ensure that the APU compartment is isolated from the rest of the airplane in the event of an APU fire.

The FAA is adopting a new airworthiness directive (AD) for Hamilton Sundstrand Power Systems (formerly Sundstrand Power Systems) auxiliary power units (APUs) models T-62T-46C2, T-62T-46C2A, T-62T- 46C3, T-62T-46C7, and T-62T-46C7A, with compressor impeller assembly, part number (P/N) 4502020 or 4502020A, installed. This AD requires removal from service of those compressor impeller assemblies at reduced service life limits. This AD results from two reports of uncontained failures of compressor impeller assemblies. We are issuing this AD to prevent an uncontained APU failure and damage to the airplane.

This notice announces FMCSA's decision to revise the terms and conditions of its previous decision to issue exemptions to certain insulin-treated diabetic drivers of commercial motor vehicles (CMVs) from the diabetes mellitus prohibitions contained in the Federal Motor Carrier Safety Regulations (FMCSRs). This action is in response to section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which requires FMCSA within 90 days of enactment to modify its exemption program to allow individuals who use insulin to treat diabetes mellitus to operate CMVs in interstate commerce, without having to demonstrate safe driving experience operating a CMV while using insulin, while at the same time implementing certain other requirements contained in section 4129. These changes will remain in effect until FMCSA completes a rulemaking to revise the FMCSRs to allow drivers with insulin-treated diabetes mellitus (ITDM) to operate CMVs in interstate commerce in accordance with the applicable statutory standards.

This action extends the comment period for the 12 draft advisory circulars (ACs) related to the Enhanced Airworthiness Program for Airplane Systems proposed rule, which was published on October 6, 2005. The 12 Notices of availability for the draft ACs include an earlier close of comment period date than the proposed rule. The purpose of this action is to make the close of comment period date for the 12 draft ACs and the proposed rule the same.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period was published on May 9, 2005 (70 FR 24462).

In this action, the FAA reopens the comment period and announces its intention to hold a public meeting concerning the ``Washington, DC Metropolitan Area Special Flight Rules Area'' NPRM that was published August 4, 2005. In that document, the FAA proposed to codify current flight restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. This reopening is in response to requests from Members of Congress and industry associations.

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 a certain petition 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.

14 CFR part 121, Appendices I and J, require specified aviation employers to implement FAA-approved antidrug and alcohol misuse prevention programs and conduct testing of safety-sensitive employees. To monitor compliance, institute program improvements, and anticipate program problem areas, the FAA receives report from the aviation industry.

The Federal Motor Carrier Safety Administration [formerly Office of Motor Carriers (OMC) within Federal Highway Administration (FHWA)] withdraws its July 20, 1998 ANPRM and request for comments pertaining to the future evolution of the safety fitness rating system. After the ANPRM was published, FMCSA began the Comprehensive Safety Analysis 2010 Initiative (CSA 2010), a comprehensive review and analysis of FMCSA's current commercial motor carrier safety compliance and enforcement programs. FMCSA held a series of public listening sessions pertaining to CSA 2010 in September and October 2004. Many commenters at those listening sessions suggested that FMCSA delay publishing a notice of proposed rulemaking (NPRM) until the agency makes its final decisions regarding its long-term plan for monitoring motor carrier safety under CSA 2010. Therefore, this rulemaking is no longer necessary because, as CSA 2010 proceeds, FMCSA expects to publish a rulemaking that would propose a new and improved safety compliance and monitoring methodology based on more recent information and policy.

The Department is seeking comments on a proposal to clarify policies that may be used during initial and continuing fitness reviews of U.S. carriers when citizenship is at issue. We propose to add a new section to 14 CFR part 399 that clarifies how the Department will interpret ``actual control'' of a U.S. air carrier during fitness reviews. This proposal will affect how we interpret the circumstances influencing a determination of ``actual control,'' allowing easier access to foreign capital for U.S. airlines. We are also proposing minor amendments to 14 CFR part 204 to reference the new section and update existing language in part 204.

This notice solicits proposals for consideration for the Cooperative Procurement Pilot Program (CPPP). Section 166 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 directs the Federal Transit Administration (FTA) to establish a pilot program to determine the benefits of encouraging cooperative procurement of major capital equipment. As specified in the Appropriations Act, three pilot projects were selected in November 2004. Section 167 of the Transportation Treasury, and Independent Agencies Appropriations Act, 2005 directs the FTA to continue the CPPP and to expand the program to five pilot projects. Under the CPPP, competitively selected grantees, consortiums of grantees, or members of the private sector acting as agents of grantees will develop cooperative specifications and conduct joint procurements. For this program, Congress has raised the Federal share to be provided from 80 percent to 90 percent.

This final rule will amend 49 CFR Part 601 to reflect modifications in the organization and distribution of functions within the Federal Transit Administration (FTA), and to document its rulemaking procedures. This rule has not been amended since 1999, and recently there has been a restructuring of offices and duties within FTA. Additionally, many of FTA's regional offices have physically moved to different locations; thus, this rule revises the addresses and phone numbers of the regional offices. Further, the outdated internal delegations of authority have been removed, the means by which the public can access FTA information has been updated, and FTA's rulemaking procedures are provided.