Department of Transportation 2005 – Federal Register Recent Federal Regulation Documents

The FAA proposes to adopt a new airworthiness directive (AD) for certain Model 767-400ER series airplanes; and Model 777-200 and - 300 series airplanes. This proposed AD would require, for certain airplanes, repetitive testing of the fill and safety fittings of the fire extinguishing bottles in the forward cargo compartment for leaks; and repetitive application of a corrosion inhibiting compound (CIC) or replacement of the fire extinguishing bottles with reworked fire extinguishing bottles, as necessary. For all airplanes, this proposed AD would require replacement of the fire extinguishing bottles with reworked fire extinguishing bottles, which would end the repetitive tests and CIC applications if applicable. This proposed AD is prompted by failure of the safety fittings for the fire extinguishing bottles. We are proposing this AD to prevent failure of the safety fittings for the fire extinguishing bottles due to corrosion, which could result in leakage of extinguishing agent. If a fire occurs in the cargo bay, the fire extinguishing bottles could have less than enough extinguishing agent to control a fire.

The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce Deutschland Ltd & Co KG (RRD) (formerly Rolls-Royce Deutschland GmbH, formerly BMW Rolls-Royce GmbH) models BR700-710A1-10 and BR700-710A2-20 turbofan engines. That AD currently requires initial and repetitive visual and ultrasonic inspections of fan discs, part numbers (P/Ns) BRR18803, BRR19248, and BRR20791 for cracks, and if necessary, replacement with serviceable parts. This proposed AD would require the same inspections of these fan discs, with certain old design P/N fan blades installed. This proposed AD would extend the inspection interval for certain fan discs having new design P/N fan blades installed. Also, this proposed AD would add as optional terminating action to the repetitive inspections, installation of certain P/N new fan discs, certain P/N new fan blades, and engine fan speed (N1) Keep Out Zone software. This proposed AD results from a revised RRD service bulletin (SB) that introduces relaxed inspection intervals for certain P/N combinations of fan discs and fan blades, and introduces improved design fan discs and fan blades. We are proposing this AD to detect and prevent cracks in the fan disc that could result in an uncontained engine failure and damage to the airplane.

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.

The FAA is superseding an existing airworthiness directive (AD), which applies to Airbus Model A321 series airplanes. That AD currently requires revising the Limitations section of the airplane flight manual to include an instruction to use Flap 3 for landing when performing an approach in conditions of moderate to severe icing, significant crosswind (i.e., crosswinds greater than 20 knots, gust included), or moderate to severe turbulence. This new AD requires replacing existing elevator and aileron computers (ELACs) with ELACs having either L83 or L91 software, as applicable, which terminates the requirements of the existing AD. This AD also requires a related concurrent action. In addition, this AD revises the applicability by removing airplanes with these ELAC software standards incorporated in production. This AD is prompted by issuance of mandatory continuing airworthiness information by a civil airworthiness authority. We are issuing this AD to prevent roll oscillations during approach and landing in certain icing, crosswind, and turbulent conditions, which could result in reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-100, DHC-8-200, and DHC-8-300 series airplanes. This AD requires 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 also requires phase-in inspections and repair of any crack found during any phase-in inspection. This 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 issuing 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.

The Federal Motor Carrier Safety Administration (FMCSA) grants the American Pyrotechnics Association's (APA) application for an exemption from the prohibition against driving a commercial motor vehicle (CMV) after the 14th hour of coming on-duty. The exemption is applicable for a period beginning 7 days prior to, and 2 days immediately following Independence Day. Fireworks personnel who operate CMVs for the companies listed in this notice, in conjunction with staging fireworks shows celebrating Independence Day, are allowed to exclude off-duty and sleeper berth time of any length in the calculation of the 14-hours. However, drivers are not allowed to drive after accumulating a total of 14-hours of on-duty time, following 10 consecutive hours off duty, and continue to be subject to the 11-hour driving time limits, and the 60- and 70-hour weekly limits. After reviewing the comments received in response to the May 6, 2005, notice requesting public comment on the APA application, FMCSA has determined the exemption would achieve a level of safety equivalent to what would be provided by compliance with the 14-hour rule as it applies to other drivers of property-carrying vehicles.

This notice seeks comments from the public regarding the need for PHMSA to collect paperwork information from liquefied natural gas operators to ensure that these operators are properly operating and maintaining their facilities. This notice is published (pursuant to the Paperwork Reduction Act of 1995) to measure the need for the proposed paperwork collection, to find ways to minimize the burden on operators, to find ways to enhance the quality of information collected, and to verify the accuracy of the agency's estimate of the burden (measured in work hours) on pipeline operators. This is a request to continue collection of information already approved under OMB 2137- 0048 and to renew that approval.

A person owning or operating a pipeline facility is required to maintain records, make reports, and provide information to the Secretary of Transportation at the Secretary's request. The Secretary, through PHMSA, uses this information to decide whether the owner or operator is complying with the Pipeline Safety requirements. This notice is published (pursuant to the Paperwork Reduction Act of 1995) to measure the need for paperwork collection from gas pipeline operators, to find ways to minimize the burden on these operators, to find ways to enhance the quality of information collected, and to verify the accuracy of PHMSA's estimate of the burden (measured in work hours) on private entities. This notice also seeks approval from OMB to renew the existing approval of this paperwork collection.

This notice seeks public comment on the need for PHMSA to collect paperwork information from state agencies that maintain programs to regulate pipelines. The purpose of the paperwork is to ensure that these states are properly monitoring the operations of pipeline operators in their states, and to determine Federal grant amounts for these states. This notice is published (pursuant to the Paperwork Reduction Act of 1995) to measure the need for the paperwork collection from these state agencies, to find ways to minimize the burden on states that must respond, to find ways to enhance the quality of information collected, and to verify the accuracy of the PHMSA's estimate of the burden (measured in work hours) on the states. This notice also seeks approval from the Office of Management and Budget to renew the existing approval of this paperwork collection.

This action corrects an error in the airspace description of a final rule that was published in the Federal Register on May 18, 2005 (70 FR 28423), Airspace Docket No. 04-ANM-09.

This action modifies Class E airspace at Muskegon, MI. Standard Instrument Approach Procedures have been developed for Grand Haven Memorial Airpark. Controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing these approaches. This action increases the area of existing controlled airspace for Grand Haven Memorial Airpark.

This notice announces the availability of and request comments on the proposed policy for the issuance of provisional type certificates (TCs) as prescribed by Title 14 of the Code of Federal Regulations(14 CFR) 21.81.

This document amends the starter interlock requirements of our safety standard on transmission shift position sequence, starter interlock, and transmission braking effect to clarify how the requirements apply to vehicles incorporating emerging technologies. The amendment is intended to facilitate the development of propulsion systems that conserve energy and reduce emissions by stopping the engine (internal combustion engine) when it is not needed. It is also intended to minimize the possibility of crashes in which a driver has mis-shifted into a forward or reverse gear and would be unprepared for the direction of motion by the vehicle when the engine restarts.

The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed transportation project in Dallas County, Texas.

This final rule replaces Special Federal Aviation Regulation 100 (SFAR 100). SFAR 100 allowed Flight Standards District Offices (FSDO) to accept expired flight instructor certificates, expired inspection authorizations for renewals, and expired airman written test reports for certain practical tests from U.S. military and civilian personnel (U.S. personnel) who are assigned outside the United States in support of U.S. Armed Forces operations. This action is necessary to avoid penalizing these U.S. personnel who are unable to meet the regulatory time limits of their flight instructor certificate, inspection authorization, or airman written test report because they are serving outside the United States. The effect of this action is to give these U.S. personnel extra time to meet the eligibility requirements under the current rules.

On June 30, 2005, the Board served a decision to update its computation of the railroad industry's cost-of-capital for 2004. The composite after-tax cost-of-capital rate for 2004 is found to be 10.1%, based on a current cost-of-debt of 5.25%; a cost of common equity capital of 13.16%; and a capital structure mix comprised of 38.5% debt and 61.5% common equity. The cost-of-capital finding made in this proceeding will be used in a variety of Board proceedings.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the FAA invites public comment on one new public information collection which will be submitted to OMB for approval.

These special conditions are issued to Diamond Aircraft Industries GmbH, N.A. Otto-Strasse 5, A-2700 Wiener Neistadt, Austria; telephone: 43 2622 26 700; facsimile: 43 2622 26 780, as part of the FAA Type Validation of the Diamond Aircraft Industries Model DA-42. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of a Garmin Model G-1000 electronic flight instrument system (EFIS) display, and digital engine controls. The applicable regulations do not contain adequate or appropriate airworthiness 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 the airworthiness standards applicable to these airplanes.

These special conditions are issued to ARINC Inc., 1632 S. Murray Blvd., Colorado Springs, CO 80916 for a Supplemental Type Certificate for the Raytheon Model King Air H-90 (T-44A) airplane. These airplanes will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. The novel and unusual design features include the installation of the Rockwell Collins Pro Line 21 Avionics System. This system includes Electronic Flight Instrument Systems (EFIS), electronic displays, digital Air Data Computers (ADC), and supporting equipment. The applicable regulations do not contain adequate or appropriate airworthiness 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 the airworthiness standards applicable to these airplanes.

This notice publishes the FMCSA decision to renew the exemption from the vision requirement in the Federal Motor Carrier Safety Regulations for Mr. Thomas E. Howard. 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 this exemption will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemption for this commercial motor vehicle (CMV) driver.

Federal Motor Vehicle Safety Standard (FMVSS) No. 213, ``Child restraint systems,'' requires that the webbing of child restraints must not lose more than a specified percentage of its original breaking strength as a result of being exposed to certain adverse conditions. The standard currently does not specify a minimum breaking strength for the unexposed webbing. This document proposes such a minimum, as well as a minimum breaking strength requirement for the exposed webbing. It also makes clearer in the text of FMVSS No. 213 that the heavier of two weights specified in the standard is used to abrade the webbing used to attach child restraint systems to the child restraint anchorages located in a vehicle.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 and 767 airplanes. This proposed AD would require reworking the electrical bonding between the airplane structure and the pump housing of the outboard boost pumps in the main fuel tank of certain Boeing Model 747 airplanes, and between the airplane structure and the pump housing of the override/jettison pumps in the left and right wing center auxiliary fuel tanks of certain Boeing Model 767 airplanes. This proposed AD would also require related investigative actions and corrective actions if necessary. This proposed AD is prompted by the results of fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent insufficient electrical bonding, which could result in a potential of ignition sources inside the fuel tanks, and which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Fokker Model F27 Mark 200, 400, 500, and 600 airplanes. This proposed AD would require a general visual inspection of the rotary knobs for the fuel tank isolation valves to determine if the seal wire has been installed correctly and corrective actions if necessary. This proposed AD is prompted by investigation of a recent accident, which found that the rotary knobs controlling the fuel tank isolating valves had been in the shut position. We are proposing this AD to ensure that the rotary knobs are not inadvertently moved to the shut position, which could result in fuel starvation to both engines and consequent inability to maintain controlled flight and landing.