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

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757 airplanes. This proposed AD would require installing a control wheel damper assembly at the first officer's drum bracket assembly and aileron quadrant beneath the flight deck floor in section 41; doing a functional test and adjustment of the new installation; and doing related investigative/corrective actions if necessary. For certain airplanes, this proposed AD would require doing an additional adjustment test of the re-located control wheel position sensor, and an operational test of the flight data recorder and the digital flight data acquisition unit. This proposed AD also would require installing vortex generators (vortilons) on the leading edge of the outboard main flap on certain airplanes. This proposed AD results from several reports that flightcrews experienced unintended roll oscillations during final approach, just before landing. We are proposing this AD to prevent unintended roll oscillations near touchdown, which could result in loss of directional control of the airplane, and consequent airplane damage and/or injury to flightcrew and passengers.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2002-2005 Mercedes Benz CLK-class (209) passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2005 and 2006 Ferrari F430 passenger cars manufactured before September 1, 2006 that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards.

This action proposes to modify the Class E airspace at Valdez, AK. Two new Standard Instrument Approach Procedures (SIAPs) and one revised SIAP are being published for the Valdez Airport. Adoption of this proposal would result in modification of Class E airspace upward from 1,200 feet (ft.) above the surface at Valdez, AK.

This notice announces three fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to revise the Class B airspace at Phoenix, AZ. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any revision or issuance of a notice of proposed rulemaking.

This document announces the availability of grant funding under the FY2006 Border Enforcement Grant (BEG) program as specified in Section 4110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU). Section 4110 establishes a BEG program. The program is a discretionary grant program funded by a single source. It provides funding for carrying out border commercial motor vehicle (CMV) safety programs and related enforcement activities and projects. An entity or a State that shares a land border with another country is eligible to receive grant funding.

This action corrects a final rule published in the Federal Register on November 28, 2005 (70 FR 71233), Airspace Docket No. 03- AWA-6, FAA Docket No. FAA-2003-15471. In that rule, inadvertent errors were made in the legal description of the Minneapolis Class B airspace area. This action corrects those errors.

This action amends the Gulf of Alaska Low and Control 1487L Offshore airspace areas in Alaska. Specifically, this action modifies the Gulf of Alaska Low and Control 1487L airspace areas in the vicinity of the Yakutat Airport, Yakutat, AK, by lowering the affected controlled airspace floor to 700 feet mean sea level (MSL) for the Gulf of Alaska Low, and 1,200 feet MSL for Control 1487L. The FAA is taking this action to provide additional controlled airspace for the safety of aircraft executing instrument flight rules (IFR) operations at the Yakutat Airport.

Pursuant to the direction contained in the Joint Explanatory Statement of the Committee of Conference, for section 3023(d), Condition on Charter Bus Transportation Service of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, FTA is establishing a committee to develop, through negotiated rulemaking procedures, recommendations for improving the regulation regarding prohibition of FTA grant recipients from providing charter bus service. The committee will consist of persons who represent the interests affected by the proposed rule, i.e., charter bus companies, public transportation operators, and other interested parties. The purpose of this document is to invite interested parties to submit comments on the issues to be discussed and the interests and organizations to be considered for representation on the committee.

The Federal Aviation Administration is requesting public comment on the Bradford Regional Airport Authority's request to change a portion (23.48 Acres) of airport property from aeronautical use to non-aeronautical use. The parcel is located between the airfield and the existing airport Access Road approximately 1150 feet north of the intersection with PA Route 59. The property is currently aeronautical use used to protect the FAR Part 77 Transition Surface airspace. The tract currently consists of vacant and semi-forested land located roughly abeam and southeast of the Runway 05 threshold, and southwest of the existing terminal complex. The requested release is for the purpose of permitting the Airport Owner to sell and convey title of 23.48 Acres for use as a Pennsylvania National Guard Stryker Brigade Combat Readiness Center. Documents reflecting the Sponsor's request are available, by appointment only, for inspection at the Airport Managers office and the FAA Harrisburg Airport District Office.

The FAA is issuing this notice to advise the public of a first meeting of RTCA Special Committee 209, ATCRBS/Mode S Transponder.

The Federal Aviation Administration (FAA) announces its determination that the noise exposure maps submitted by the Susquehanna Area Regional Airport Authority for the Harrisburg International Airport under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96-193) and 14 CFR part 150 are in compliance with applicable requirements. The FAA also announces that it is reviewing a proposed noise compatibility program that was submitted for the Harrisburg International Airport under part 150 in conjunction with the noise exposure map, and that this program will be approved or disapproved on or before July 12, 2006.

This notice grants the Mercedes-Benz, U.S.A. LLC (``MBUSA'') application for a temporary exemption from the requirements of S5.5.10 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. In accordance with 49 CFR Part Sec. 555.6(b), the basis for the grant is to facilitate the development and field evaluation of new motor vehicle safety feature providing a level of safety at least equal to that of the standard. Pursuant to Sec. 555.6(b)(5), MBUSA is permitted to sell not more than 2,500 exempted vehicles in any twelve-month period of the exemption. Because the exemption period is 24 months, this grant affects up to a total of 5,000 vehicles.

This action proposes to modify the boundaries of the Restricted Area R-3002 range complex at Fort Benning, GA. The U.S. Army proposed these modifications as a result of a land exchange agreement between Fort Benning and the City of Columbus, GA. Specifically, the proposal would eliminate restricted airspace over a parcel of land that has been transferred from the Army to the City of Columbus. The proposal would also add new restricted airspace over a parcel of land to the south of the current restricted area complex, that was ceded by the City to the Army. In addition, a portion of the southwest section of R-3002, within the existing restricted airspace, would be redesignated as a separate restricted area, R-3002G, to better accommodate instrument approach procedures at Lawson Army Air Field (AAF). The internal boundaries between restricted area subdivisions would also be realigned slightly to permit more efficient scheduling and utilization of the range complex. Finally, the names of the controlling agency and using agency for the restricted areas would be changed to reflect their current titles.

On July 12, 2005, the National Highway Traffic Safety Administration (NHTSA) granted in full General Motors Corporation's (GM) petition to exempt the Chevrolet Cobalt vehicle line from the parts-marking requirements of the vehicle theft prevention standard (See 70 FR 40102). The exemption was granted because the agency determined that the antitheft device proposed to be placed on the line as standard equipment was 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 August 24, 2005, GM petitioned the agency to amend the exemption currently granted for the Chevrolet Cobalt vehicle line. NHTSA is granting in full GM's petition to modify the exemption because it has determined that the modified antitheft device to be placed on the Chevrolet Cobalt line as standard equipment will also likely be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements.

This advance notice of proposed rulemaking provides interested parties with the opportunity to comment on the characteristics and requirements proposed by the Federal Transit Administration (FTA) for a new capital investment program. This new program, ``Small Starts'', is a discretionary grant program for public transportation capital projects that run along a dedicated corridor or a fixed guideway, have a total project cost of less than $250 million, and are seeking less than $75 million in Small Starts program funding. This Small Starts program is a component of the existing New Starts program, but will offer project sponsors an expedited and streamlined application and review process. Consistent with the intent and provisions of the new public transit statute, the Safe, Accountable, Flexible, and Efficient Transportation Equity ActA Legacy for Users (SAFETEA-LU), FTA hopes to simplify the planning and project development process for proposed Small Starts projects in a number of ways. In addition to the reduced number of evaluation measures specified in SAFETEA-LU, the process may be further simplified by allowing small projects to conduct alternatives analysis with a reduced set of alternatives, allowing evaluation measures for mobility and cost-effectiveness to be developed without having to rely on complicated travel demand modeling procedures in some cases, and possibly defining some classes of low-cost improvements that are pre- approved as effective and cost-effective in certain contexts.

The FHWA is issuing this notice to advise the public that a Tier 1 Environmental Impact Statement (EIS) for proposed transportation improvements in Pueblo County, Otero County, Bent County and Prowers County in the State of Colorado.

This notice announces the issuance of Advisory Circular 25.856-2, ``Installation of Thermal/Acoustic Insulation for Burnthrough Protection.'' The advisory circular provides information and guidance regarding an acceptable means, but not the only means, of compliance with the portions of the airworthiness standards for transport category airplanes that deal with the installation of thermal/acoustic insulation.

This notice announces a public meeting on the subject of the continued airworthiness of the U.S. general aviation fleet of aircraft. The purpose of the meeting is to gather information and discuss technical issues related to problems associated with the increasing average age of the general aviation fleet. Particular emphasis will be given to actions that have potential to mitigate the inevitable effects of fatigue, corrosion, and deterioration on aging general aviation airplanes.

The FAA is adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 airplanes. This AD requires, when certain SmartProbes are installed, revising the Limitations section of the airplane flight manual to limit the maximum take-off weight of the airplane and increase the reference speed during certain landing conditions. This AD results from reports of variable calibration values of certain sensors of the SmartProbes, which could result in the transmission of erroneous information to the air data system. We are issuing this AD to prevent reduced controllability of the airplane.

The FAA is adopting a new airworthiness directive (AD) for certain McDonnell Douglas transport category airplanes. This AD requires doing repetitive detailed inspections for accumulation of debris (blockage) in the drain holes of the pitot tubes, and cleaning the hole if any evidence of debris is found. This AD results from reports of blocked drain holes of the pitot tubes. We are issuing this AD to prevent blocked drain holes of the pitot tubes, which could result in the accumulation of water in the pitot-static system and consequent failure of that system. Failure of the pitot-static system could result in erroneous airspeed indications in the cockpit and consequent loss of airspeed control.

In this notice of proposed rulemaking, the Pipeline and Hazardous Materials Safety Administration proposes to amend the Hazardous Materials Regulations by revising and consolidating the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, the Canadian Transport of Dangerous Goods Regulations, and the International Atomic Energy Agency Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. The revisions and reformatting provide a user-friendly format to promote understanding of the conditions and limitations on the use of international standards and regulations, thereby ensuring that an acceptable level of safety is maintained while facilitating the transportation of hazardous materials.

The FAA proposes to supersede two existing airworthiness directives (AD) that apply to certain Airbus Model A300 B2, A300 B4, and A300-600 series airplanes. One AD currently requires an inspection for cracks of the lower outboard flange of gantry No. 4 in the main landing gear (MLG) bay area, and repair if necessary. The other AD currently requires, among other actions, repetitive inspections of the gantry lower flanges, and repair if necessary. The proposed AD also would require new repetitive inspections for cracks in the lower flange of certain gantries, and repair if necessary, which would end the existing inspection requirements. The proposed AD also would provide for optional terminating actions for the new repetitive inspections. This proposed AD results from a report of a large fatigue crack along the outboard flange of beam No. 4 and a subsequent determination that existing inspections are inadequate. We are proposing this AD to detect and correct fatigue cracks in the lower flanges of gantries 1 through 5 inclusive in the MLG bay area, which could result in reduced structural integrity of the fuselage, and consequent rapid decompression of the airplane.