Department of Transportation January 2006 – Federal Register Recent Federal Regulation Documents

The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Savannah/Hilton Head International Airport under the provisions of the 49 U.S.C. 40117 and part 158 of the Federal Aviation Regulations (14 CFR part 158).

The Surface Transportation Board (Board) is accepting for consideration the application filed December 15, 2005, by The Indiana Rail Road Company (INRD) and Soo Line Railroad Company (Soo). The application seeks Board approval under 49 U.S.C. 11323-26 for INRD's acquisition of (a) Soo's Latta Subdivision, a 92.3-mile railroad line extending from milepost 170.1 at Fayette, IN, to milepost 262.4 at Bedford, IN, (b) certain overhead trackage rights currently held by Soo between Chicago, IL, and Terre Haute, IN, and between Bedford, IN, and Louisville, KY, and (c) certain ancillary trackage rights. This proposal is referred to as the Transaction, and INRD and Soo are referred to collectively as applicants. The Board finds that the Transaction is a ``minor transaction'' under 49 CFR 1180.2(c), and the Board adopts a procedural schedule for consideration of the primary application and the related filings, under which the Board's final decision would be issued on April 24, 2006.

This notice announces the availability of one new consensus standard and revisions to certain previously accepted consensus standards relating to the provisions of the Sport Pilot and Light-Sport Aircraft rule issued July 16, 2004, and effective September 1, 2004. ASTM International Committee F37 on Light Sport Aircraft developed the new and revised standards with Federal Aviation Administration (FAA) participation. By this Notice, the FAA finds the new and revised standards acceptable for certification of the specified aircraft under the provisions of the Sport Pilot and Light-Sport Aircraft rule.

The FAA is adopting a new airworthiness directive (AD) for certain Honeywell International Inc., (formerly AlliedSignal, Inc., formerly Textron Lycoming, formerly Avco Lycoming) T53 turboshaft engines, installed on, but not limited to, Bell 204, Bell 205, Kaman K- 1200 series, Bell AH-1, and Bell UH-1 helicopters, certified under 14 CFR 21.25 or 14 CFR 21.27. This AD requires implementing reduced life limits for certain parts, using cycle counting methods, and using draw- down schedules to replace components that exceed the new limits. This AD results from the manufacturer informing us of test and analysis showing lower calculated service life limits for certain parts, than previously published. We are issuing this AD to prevent failure of certain compressor, gas producer, and power turbine rotating components, which could result in failure of the engine and possible damage to the helicopter.

This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2006-01-51 that was sent previously by individual notices to all known U.S. owners and operators of Frakes Aviation (Gulfstream American) Model G-73 (Mallard) series airplanes and Model G-73 airplanes that have been converted to have turbine engines. This AD requires an inspection to detect repairs, cracking, or corrosion of the wings from wing station (WS) 77L to WS 77R, front spar to rear (main) spar; removal of repairs, if found; removal of sealant from the interior of the wet bays; and repair of any crack or corrosion. This AD results from a report indicating that the right wing of a Frakes Aviation (Gulfstream American) Model G-73 (Mallard) airplane separated from the fuselage on takeoff, which resulted in the airplane impacting the water near Miami Beach, Florida. We are issuing this AD to prevent structural failure of the wing and loss of control of the airplane.

The FAA adopts a new airworthiness directive (AD) for all The Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. This AD requires you to install the pilot assist handle (part number (P/N) SK208-146-2) (or FAA-approved equivalent part number) and deicing boots on the cargo pod and landing gear fairings (part number (P/N) AK208-6C) (or FAA-approved equivalent part number); and make changes to the Pilot's Operating Handbook (POH) and FAA-approved Airplane Flight Manual (AFM). This AD results from reports of several accidents involving the affected airplanes during operations in flight and in ground icing conditions. We are issuing this AD to provide a safe method to detect ice, snow, frost, or slush adhering to the upper wing (a critical surface) prior to takeoff; and to reduce drag in-flight by shedding ice on the cargo pod and landing gear fairings. Ice adhering to the upper wing surface, cargo pod, or landing gear fairings could result in a reduction in airplane performance with the consequences that the airplane cannot perform a safe takeoff or climb.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, 747-400F, 747SR, and 747SP series airplanes, without a stretched upper deck or stretched upper deck modification. This AD requires detailed and high-frequency eddy current inspections for cracks of each affected tension tie and of the surrounding structure, and related investigative and corrective actions if necessary. This AD results from a report of a crack in the tension tie at the body station 820 frame connection, and cracks found on the Boeing 747SR fatigue-test airplane in both the tension ties and frames at the tension tie to frame connections at body stations 800, 820, and 840. We are issuing this AD to find and fix cracks in the tension ties, which could lead to cracks in the skin and body frame and result in rapid in-flight depressurization of the airplane.

The FAA is adopting a new airworthiness directive (AD) for all BAE Systems (Operations) Limited Model Avro 146-RJ airplanes. This AD requires reviewing the airplane's maintenance records to determine if certain tasks of the BAE Systems (Operations) Limited BAe146/Avro RJ Maintenance Planning Document issued May 15, 2004, have been accomplished. This AD also requires doing repetitive detailed inspections of the external fuselage skin adjacent to the longeron at rib 0 from frame 29 to frame 31, and repairing any damage. This AD results from issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. We are issuing this AD to detect and correct cracking of the fuselage skin, which could result in structural failure of the fuselage.

This document grants in full the petition of Nissan North America, Inc., (Nissan) in accordance with Sec. 543.9(c)(2) of 49 CFR Part 543, Exemption from the Theft Prevention Standard, for the Quest vehicle line. 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. Nissan requested confidential treatment for the information and attachments it submitted in support of its petition. In a letter dated August 4, 2005, the agency granted the petitioner's request for confidential treatment of most aspects of its petition.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval.

This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed 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.

Using data from Management Information System annual reports, FRA has determined that the 2004 rail industry random testing positive rate was 0.94 percent for drugs and 0.18 percent for alcohol. Since the industry-wide random drug testing positive rate has remained below 1.0 percent for the last two years, the Federal Railroad Administrator (Administrator) has determined that the minimum annual random drug testing rate for the period January 1, 2006, through December 31, 2006, will remain at 25 percent of covered railroad employees. Since the random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2006, through December 31, 2006.

This final rule amends the FAA regulations governing drug and alcohol testing to clarify that each person who performs a safety- sensitive function for a regulated employer by contract, including by subcontract at any tier, is subject to testing. These amendments are necessary because in the 1990s, the FAA issued conflicting guidance about which contractors were subject to drug and alcohol testing. This action also rescinds all prior guidance on the subject of testing contractors.

The Federal Aviation Administration (FAA) announces the availability of proposed policy on Lightning Direct Effects Compliance. The proposed policy would accept SAE International Aerospace Recommended Practice 5577 as a means of compliance with the Lightning Direct Effects requirements.

This action proposes to establish an Area Navigation Instrument Flight Rules Terminal Transition Route (RITTR), designated T-210, in the Jacksonville, FL, terminal area. The purpose of RITTR is to expedite the handling of Instrument Flight Rules (IFR) overflight aircraft through busy terminal airspace areas. The FAA is proposing this action to enhance the safe and efficient use of the navigable airspace in the Jacksonville, FL, terminal area.

The FAA is adopting a new airworthiness directive (AD) for certain American Champion Aircraft Corporation (ACAC) Models 7AC, 7ACA, S7AC, 7BCM, 7CCM, S7CCM, 7DC, S7DC, 7EC, S7EC, 7ECA, 7FC, 7GC, 7GCA, 7GCAA, 7GCB, 7GCBA, 7GCBC, 7HC, 7JC, 7KC, 7KCAB, 8KCAB, and 8GCBC airplanes. This AD requires you to make a temporary Pilot's Operating Handbook (POH) limitation entry or install a temporary placard prohibiting aerobatic flight if you operate the airplane before the required inspection of this AD; inspect for incorrect swaging width of the cable Nicopress sleeves on the elevator, rudder, aileron, and flap control cables; replace cables that have incorrect sleeve swage width; remove POH limitation or placard prohibiting aerobatic flight after inspection and replacement of cables with incorrect sleeve swage width; and report any findings of incorrect sleeve swage width to FAA. This AD results from partial loss of aileron control because an incorrectly swaged cable sleeve allowed the cable to slip. We are issuing this AD to detect and correct incorrect swaging widths of the flight control cable Nicopress sleeves, which could result in failure of the elevator, rudder, aileron, and flap controls. This failure could lead to loss of control of the airplane.

This notice provides summary information on all of the various non-grant tolling and pricing opportunities available in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This notice and a companion notice, which refers to the Value Pricing Pilot (VPP) program, are both in today's Federal Register. Together they are intended to explain all of the opportunities for States and other qualifying transportation agencies requesting permission to toll their respective facilities. In addition to describing each of the relevant programs, this notice also describes the initial review process that will help to identify which of the programs are candidate for a States' particular project, and of those, which is most appropriate to gain successful approval. That process applies to every program contained in this notice and also to the VPP program. The process is initiated with an Expression of Interest, which is fully defined later in this notice. Due to the nature of the deadlines required to solicit, review, and award the grant funds annually, the VPP program requires its own Federal Register notice, and is published in its entirety elsewhere in today's Federal Register under the title ``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); Value Pricing Pilot Program Participation.'' Finally, this notice announces the availability of a website that will serve as a clearinghouse of information on all of the tolling and pricing programs and their respective program tenets.

The Federal Highway Administration (FHWA) annually analyzes and publishes motor vehicle registration and licensed driver information obtained from the States, the District of Columbia, and Puerto Rico. This notice seeks public input from users on the quality, timeliness, comprehensiveness, and other characteristics of these data. Based on this input and other information, the FHWA will determine whether it is necessary to change the motor vehicle registration and licensed driver information collected. The FHWA is considering various options for these data programs including investigating alternative sources of data from the public or private sector, developing enhanced software to capture and process the data more efficiently, and maintaining the status quo.

This notice proposes to modify the Class E airspace area at Palm Springs, CA. The establishment of an Area Navigation (RNAV) Required Navigation Performance (RNP) Y Instrument Approach Procedures (IAP) to Runway (RWY) 13R and 31R at Palm Springs International Airport, Palm Springs, CA has made this proposal necessary. Additional controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing the RNAV (RNP) YIAP to RWY 13R at Palm Springs International Airport. The intended effect to this proposal is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at Palm Springs International Airport, Palm Springs, CA.