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

This action establishes Class E airspace at Nicholasville, KY. Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAP) Runway (RWY) 9 and RWY 27 have been developed for Lucas Field Airport. As a result, controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAPs and for Instrument Flight Rules (IFR) operations at Lucas Field Airport. The operating status of the airport will change from Visual Flight Rules (VFR) to include IFR operations concurrent with the publication of the SIAP.

This notice proposes to establish Class D airspace at Bay St. Louis, MS. A federal contract tower with a weather reporting system is being constructed at Stennis International Airport. Therefore, the airport will meet criteria for Class D airspace. Class D surface area airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class D airspace extending upward from the surface to and including 2,500 feet MSL within a 4.2-mile radius of the airport.

On January 3, 2005, the FAA published final rules implementing the Cape Town Treaty. on February 17, 2006, the FAA published a notice advising that the Cape Town Treaty becomes effective for the United States on March 1, 2006. The FAA is publishing this document to advise interested persons of certain procedures in the Aircraft Registration Branch related to the Cape Town Treaty.

The FHWA has forwarded the information collection request described in this notice to the Office of Management and Budget (OMB) to renew an information collection. We published a Federal Register Notice with a 60-day public comment period on this information collection on November 21, 2005. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

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 (PRA), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections. This document describes three collections of information for which NHTSA intends to seek OMB approval.

The FHWA is soliciting comments on a proposed Interstate Oasis program. Specifically, section 1310 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (``SAFETEA- LU'', Pub. L. 109-59, enacted August 10, 2005), requires the Secretary of Transportation to develop standards for designating certain facilities as Interstate Oases and to design a uniform logo for such designated facilities. The FHWA has developed a preliminary framework for an Interstate Oasis program and is seeking public comments in order to refine and finalize the program.

The FHWA is issuing this notice to advise the public that we are rescinding the Notice Of Intent (NOI) to prepare an environmental impact statement (EIS) for a proposed project in central Missouri. The NOI was published in the Federal Register on April 20, 1994. This rescission is based on a reduction in scope from the 1994 proposal to build a 17.5-mile, four-lane relocation of U.S. Route 65 in Benton County.

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) 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 collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on December 5, 2005 (70 FR 72500-72501).

This action withdraws a final rule published in the Federal Register on February 15, 2006 (71 FR 7845), Docket No. FAA-2005-22398; Airspace Docket No. 05-ASO-7. This was an incorrect copy inadvertently sent to the Federal Register. The incorrect final rule is being withdrawn as a result of this error. The correct final rule was published February 13, 2006 (71 FR 7409), establishing 16 high altitude area navigation routes in the South Central United States.

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 November 16, 2005, vol. 70, 220, pages 69624-69625. The information collected on the FAA Form 8120-11 will be reported voluntarily by manufacturers, repair stations, aircraft owner/operators, air carriers, and the general public who wish to report suspected ``unapproved'' parts to the FAA for review. The information will be used to determine if an ``unapproved'' part investigation is warranted.

This notice announces the bi-annual meeting of the Federal Aviation Administration (FAA) Aeronautical Charting Forum (ACF) to discuss informational content and design of aeronautical charts and related products, as well as instrument flight procedures development policy and design criteria.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 757-200 and -300 series airplanes. This AD requires installing clamps on certain end caps of the overhead distribution ducts, and doing other specified and related investigative actions as necessary. This AD results from finding that the end caps of the overhead distribution ducts for the air conditioning system were not bonded to the ducts with an adhesive. We are issuing this AD to detect and correct loosened end caps, which could change the air flow balance in the airplane. During a smoke event in the cargo or main electronics compartment, the incorrect balance of air flow could change the smoke clearance air capacity and result in smoke and toxic fumes penetrating the flight deck and main cabin.

The FAA is adopting a new airworthiness directive (AD) for all EMBRAER Model EMB-135 airplanes; and Model EMB-145, -145ER, -145MR, - 145LR, -145XR, -145MP, and -145EP airplanes. This AD requires repetitive inspections of the pitot static heating relay K0057 for damage to the pin-type contacts, relay enclosure, and finishing material and corrective actions if necessary. This AD also requires doing a terminating modification, which ends the repetitive inspections. This AD results from a report of a burning drain hose and smoke caused by an overheated pitot static heating relay. We are issuing this AD to prevent over-heating of a certain pitot static heating relay, which could result in the burning of the windowsill drain hoses and consequent smoke or fire in the airplane cockpit.

The FAA proposes to supersede an existing airworthiness directive (AD) for Lycoming Engines (formerly Textron Lycoming) models 320, 360, and 540 series, ``Parallel Valve'' reciprocating engines, with certain Engine Components Inc. (ECi) cylinder assemblies, part number (P/N) AEL65102 series ``Classic Cast'', installed. That AD currently requires replacing these ECi cylinder assemblies. This proposed AD would require the same actions, but would replace the ``Engine Models'' Table 1 and ``Engines Installed On, But Not Limited To'' Table 2 with corrected tables. Also, this proposed AD would correct a casting part number. This proposed AD results from reports of applicability errors found in AD 2005-26-10. We are proposing this AD to prevent loss of engine power due to cracks in the cylinder assemblies and possible engine failure caused by separation of a cylinder head.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Honeywell International Inc. TPE331 series turboprop, and TSE331-3U model turboshaft engines. This proposed AD would require implementing a new flight cycle counting method for first, second, and third-stage turbine rotors used in aircraft that make multiple takeoffs and landings without an engine shutdown, and removing turbine rotors from service that have reached or exceeded their cycle life limits. This new flight cycle counting method would require determining total equivalent cycles accrued. This proposed AD results from several reports of uncontained turbine rotor separation on engines used in special-use operations. We are proposing this AD to prevent uncontained failure of the turbine rotor due to low-cycle-fatigue (LCF), and damage to the aircraft.

A. Federal hazardous material transportation law preempts the following requirements in the Houston Fire Code as applied by the Houston Fire Department to the storage of hazardous materials during transportation at George Bush Intercontinental Airport, because (a) the designation, description, and classification of hazardous materials in the Fire Code is not substantively the same as in the HMR; (b) these requirements are not substantively the same as requirements in the HMR regarding the use of shipping documents to provide emergency response information in the event of an incident during the transportation of hazardous material; and (c) these requirements require advance notification of the transportation of hazardous materials which creates an obstacle to accomplishing and carrying out the purposes and goals of Federal hazardous material transportation law and the HMR: 1. Sections 105.8.h.1 and 8001.3.1, which require a permit to store, transport on site, dispense, use or handle hazardous materials in excess of certain ``exempt'' amounts listed in Table 105-C of the Fire Code. 2. Sections 105.8.f.3 and 7901.3.1, which require a permit to store, handle, transport, dispense, or use flammable or combustible liquids in excess of the amounts specified in Sec. 105.8.f.3. 3. Sections 8001.3.2 and 8001.3.3, which specify the Houston Fire Chief may require an applicant for a permit to provide a hazardous materials management plan and a hazardous materials inventory statement in accordance with the provisions of Appendix II-E of the Fire Code. B. Federal hazardous material transportation law preempts the separation requirements in sections 7902.1.6 and 8001.11.8 of the Houston Fire Code as applied by the Houston Fire Department to the storage of hazardous materials during transportation at George Bush Intercontinental Airport, because these requirements are not substantively the same as the segregation requirements in 49 CFR 175.78. C. There is insufficient information to find Federal hazardous material transportation law preempts the secondary containment requirements in sections 7901.8 and 8003.1.3.3 in the Houston Fire Code as enforced and applied by the Houston Fire Department to the storage of hazardous materials during transportation at George Bush Intercontinental Airport, including the construction and capacity requirements for storage cabinets for secondary containment in sections 7902.5.9 and 8001.10.6, because the application and comments do not show (a) it is impossible to comply with both these requirements and the Federal hazardous material transportation law, the regulations issued under that law, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security (DHS), or (b) these requirements, as enforced and applied, are likely to cause diversions or delays in the transportation of hazardous materials. If the applicant wishes to provide further information regarding the secondary containment requirements in the Houston Fire Code, it may submit a new application.

This notice of proposed rulemaking (NPRM) proposes to amend a previously published proposed rule that implements the Air Carrier Access Act (ACAA), to provide for additional accommodations for air travelers who are deaf, hard of hearing or deaf-blind. This proposed rule applies to U.S. air carriers, to foreign air carriers for their flights into and out of the United States, to airport facilities located in the U.S. that are owned, controlled or leased by carriers, and to aircraft that serve a U.S. airport. It proposes to require U.S. and certain foreign air carriers to provide prompt access for individuals who identify themselves as requiring hearing or visual assistance to the same information provided to other passengers in the terminal and on the aircraft; caption safety and informational videos, DVDs and other audio-visual displays shown on new and existing aircraft; caption entertainment videos, DVDs and other audio-visual displays on new aircraft; ensure that individuals calling a carrier's TTY line for information or reservations receive equal response time and level of service (including queuing or other automated response service) as that provided to individuals calling a non-TTY information or reservation line; enable captioning on televisions and audio-visual equipment located in those portions of U.S. airports that are owned, leased or controlled by carriers and open to public access to the extent that such equipment has captioning capability on the effective date of this rule; replace non-caption capable televisions and audio- visual displays with captioning capable technology in the normal course of operations or when relevant airport facilities undergo substantial renovation or expansion; and train carrier personnel to proficiency on recognizing requests for communication accommodations and communicating with individuals who have visual or hearing impairments.

Under the provisions of Title 49, U.S.C. Section 47153(c), notice is being given that the FAA is considering a request from the Craig Field Airport and Industrial Authority to waive the requirement that a 0.93-acre parcel of surplus property, located at the Craig Field Airport, be used for aeronautical purposes.

The FAA is revising an existing airworthiness directive (AD) that applies to all AvCraft Dornier Model 328-100 airplanes. That AD currently requires revising the airplane flight manual (AFM) to provide the flightcrew with additional information regarding procedures to ensure complete pressurization of the hydraulic lines for the flaps. The existing AD also requires, for certain airplanes, modifying of the flap actuators of the flight controls. We issued that AD to prevent an uncommanded retraction of the flaps during takeoff, which could result in an aborted takeoff and consequent potential for runway overrun. This new AD allows the removal of the AFM revisions after modifying the flap actuators of the flight controls. This AD results from the determination that the AFM revisions are not necessary after modifying the flap actuators of the flight controls. We are issuing this AD to prevent an uncommanded retraction of the flaps during takeoff, which could result in an aborted takeoff and consequent potential for runway overrun.

KBUS Holdings, LLC (KBUS), and CUSA, LLC (CUSA) (collectively, Applicants), have filed an application under 49 U.S.C. 14303 to acquire control of American Coach Lines, Inc. (ACL), by acquiring all of the outstanding stock of ACL from ACL Acquisition LLC, William Bergstrom, George Del Pino, Mark Konttinen, John Garrett, Bruce Bechard, Robert Finke, Ron Dillon, Sr., and Vesa Nikunen (collectively, Sellers). ACL currently controls the following federally regulated motor carriers of passengers: America Charters, Ltd.; American Coach Lines of Atlanta, Inc.; American Coach Lines of Jacksonville, Inc.; American Coach Lines of Miami, Inc.; American Coach Lines of Orlando, Inc.; Dillon's Bus Service, Inc.; Florida Cruise Connection, Inc., d/b/a Cruise Connection; Midnight Sun Tours, Inc.; Southern Coach Company; and Southern Tours, Inc. Persons wishing to oppose this application must follow the rules at 49 CFR 1182.5 and 1182.8. The Board has tentatively approved the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.

The FAA proposes to supersede an existing airworthiness directive (AD) for Rolls-Royce Corporation (formerly Allison Engine Company) (RRC) 501-D series turboprop engines. That AD currently requires removal from service of certain turbine rotor components at reduced life limits. This proposed AD would require the same actions but adds two new life limits. This proposed AD results from RRC reevaluating and revising component life limits for 501-D22 series turboprop engines. We are proposing this AD to prevent uncontained turbine rotor failure resulting in an in-flight engine shutdown and possible damage to the airplane.