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

This document clarifies the intent of AD 2006-01-11, which was published in the Federal Register on January 12, 2006 (71 FR 1941). AD 2006-01-11 applies to Cessna Models 208 and 208B airplanes and requires the installation of a pilot assist handle and deicing boots on the cargo pod and landing gear fairings; and the incorporation of changes to the Pilot's Operating Handbook (POH) and FAA-Approved Airplane Flight Manual (AFM). The compliance time for the AFM/POH change currently reads ``prior to further flight'' after the installation of the pilot assist handle, which is required within 125 days after the effective date. The AFM/POH change is related to operation in ground icing conditions and should not be attributed to the pilot assist handle installation. Therefore, the compliance time should also be within 125 days after the effective date. Additionally, the requirement of installing the accessory kit or installing a placard should only apply to those airplanes equipped with a cargo pod and pneumatic deicing boots. The way it currently is written makes it apply to all airplanes equipped with pneumatic deicing boots. This AD action rewords the compliance time and the wording for the installation or placard requirement to reflect the above concerns.

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from civilian aeronautical use to military aeronautical use and to authorize the lease of the airport property. The area is a twenty-five acre parcel located in the southwest quadrant of the airport south of Runway 12/30 and west of Runway 2/20. The land is vacant and is used as a stockpile area for various construction materials and was the former site of a Nike missile silo battery. The land had been transferred to the City of Gary in 1947 by Quitclaim Deed from the Reconstruction Finance Corporation as non-surplus property as defined by section 16 of the Federal Airport Act of 1946. Public Law 102-148, dated October 10, 1991 released the land from the section 16 restriction requiring Congressional action for land releases and authorized the FAA to administer land releases. There are no adverse impacts to the airport by allowing the airport to lease the property. The land is not needed for civilian aeronautical use and a Limited Army Aviation Support Facility helicopter base, which will be operated by the Indiana National Guard, will be constructed on the property. A Joint-Use Agreement will be negotiated between the Indiana National Guard and the airport that will address all fees, charges, and assessments for services such as snow removal, fire fighting and fueling. Approval does not constitute a commitment by the FAA to financially assist in the disposal of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the lease of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with section 47107(h) of title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.

The FAA is superseding an existing airworthiness directive (AD), which applies to certain McDonnell Douglas Model DC-9-10, -20, - 30, -40 and -50 series airplanes, and Model DC-9-81 (MD-81), and DC-9- 82 (MD-82) airplanes. That AD currently requires installing a water drain system for the slant pressure panels in the left and right wheel wells of the main landing gear (MLG). This new AD also requires inspecting the seal assemblies of the overwing emergency exit doors for defects and constant gap; replacing defective door seals; performing repetitive operational checks of the water drain system auto drain valve and corrective actions if necessary; and, for certain airplanes, modifying the insulation blankets on the slant pressure panels in the left and right MLG wheel wells. This AD results from reports of water runoff from the slant pressure panels in the left and right MLG wheel wells, which subsequently froze on the lateral control mixer and control cable assemblies. We are issuing this AD to prevent ice from forming on the lateral control mixer and control cable assemblies, which could reduce controllability of the airplane.

FMCSA announces its decision to exempt 17 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSR). The exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41 (b)(10).

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 certain petitions 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.

FRA hereby gives notice that it is seeking emergency approval processing from the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35) for the information collection request (ICR) listed below. FRA requests that OMB authorize the collection of information identified below on or before March 31, 2006, for a period of 180 days after the date of issuance of this notice in the Federal Register. While pursuing the normal rulemaking process to permanently address operational practice deficiencies related to hand-operated main track switches in non- signaled territory, FRA is seeking emergency approval for this information collection because the safety of affected railroad employees and the general public will be seriously jeopardized if the requirements of Emergency Order No. 24 can not be enforced.

This action adopts a consensus standard to distinguish onshore gathering lines from other gas pipelines and production operations. In addition, it establishes safety rules for certain onshore gathering lines in rural areas and revises current rules for certain onshore gathering lines in nonrural areas. Operators will use a new risk-based approach to determine which onshore gathering lines are subject to PHMSA's gas pipeline safety rules and which of these rules the lines must meet. PHMSA intends this action to reduce disagreements over classifications of onshore gathering lines, increase public confidence in the safety of onshore gathering lines, and provide safety rules consistent with the risks of onshore gathering lines.

The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. 49 U.S.C. 40117 authorizes airports to impose passenger facility charges (PFC). This program requires public agencies and certain members of the aviation industry to prepare and submit applications and reports to the FAA. This program provides additional funding for airport development, which is needed now and in the future. This collection is covered by Federal Aviation Regulation (FAR) Part 158, including subsections 158.25, 158.35, 158.37, 158.43, 158.63, 158.65, 158.67, and 158.69.

The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. Wildlife strike data are collected to develop standards and monitor hazards to aviation. Data identify wildlife strike control requirements and provide in service data on aircraft component failure. The FAA form 5200-7, Bird/Other Wildlife Strike Report, is most often completed by the pilot in charge of an aircraft involved in wildlife collision or by Air Traffic Control Tower personnel, or other airline or airport personnel who have knowledge of the incident.

The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. This rule request that certain airplanes be equipped to accommodate additional digital flight data recorder parameters. The revisions require additional information to be collected to enable more thorough accident or incident investigation and to enable industry to predict certain trends and make necessary modifications before an accident or incident happens.

These special conditions are issued to Heritage Aviation LTD, 2617 Aviation Parkway, Grand Prairie, TX 75052, for a supplemental type certificate for the Cessna 208B. These airplanes 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 Honeywell EFIS 40, for which 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). This system will interface to other airplane systems also covered by these special conditions. 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.

The Federal Transit Administration (FTA) is developing guidance in the form of circulars to assist grantees in implementing the Elderly Individuals and Individuals with Disabilities Program, the Job Access and Reverse Commute Program, and the New Freedom Program beginning in FY07. FTA solicited public comment in 2005 through a Federal Register Notice (Transit Program Changes, Authorized Funding Levels and Implementation of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 70 FR 71950, November 30, 2005) and public listening sessions held in five locations around the country. Drawing on the public comment received, FTA developed proposed strategies, described in this Notice, for implementation of the Elderly Individuals and Individuals with Disabilities, JARC, and New Freedom programs, including the cross-cutting requirement to develop a coordinated public transit-human services transportation plan for FY07. By this Notice, FTA seeks additional public comment to assist us in developing circulars for these programs. This notice also includes guidance for FY06 implementation for those requirements that go into effect immediately.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model BD-100-1A10 airplanes. This proposed AD would require an inspection for signs of arcing or heat damage of the electrical connections of the terminal blocks, ground studs, and the end of the wires and surrounding insulation for the windshield and side window anti-ice systems; and repairing any arced or damaged electrical connection. This proposed AD also would require re-torquing electrical connections of the terminal blocks and ground studs for the windshield and side window anti-ice systems. This proposed AD results from an in- service incident involving smoke and odor in the cockpit. We are proposing this AD to prevent loose electrical connections that could arc and overheat, and cause wiring damage of the windshield and side window anti-ice systems. Such wiring damage could result in smoke and/ or fire in the flight compartment.

The FAA proposes to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (EMBRAER) EMB-120() airplane models in operation. This proposed AD would require replacing the protective tubes and conduits of the wiring harnesses of the refueling vent and pilot valves with non-conductive hoses; modifying the harness wiring and supports; and rerouting the harnesses to prevent interference with adjacent strobe light connectors; as applicable. This proposed AD results from a fuel system review conducted by the manufacturer. We are proposing this AD to prevent a potential source of ignition near a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This proposed AD would require repetitive mid- and low-frequency eddy current inspections for cracks in the overlapped skin panels in the fuselage skin lap joints in sections 41, 42, 44, and 46, and corrective actions if necessary. This proposed AD is prompted by a report indicating that an operator found multiple small cracks in the overlapped skin panels in the fuselage skin lap joints. We are proposing this AD to detect and correct cracks in the overlapped skin panels, which could join together and result in reduced structural capability in the skin and consequent rapid decompression of the airplane.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2006x-24125 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

This notice requests public participation in the Office of Management and Budget (OMB) approval process for the renewal of an existing PHMSA information collection. In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) described below has been forwarded to OMB for extension of the currently approved collection. The ICR describes the nature of the information collection and the expected burden. PHMSA published a Federal Register Notice soliciting comments on the following information collection and received none. The purpose of this notice is to allow the public an additional 30 days from the date of this notice to submit comments.

This document grants in full the petition of American Suzuki Motor Corporation, (Suzuki) in accordance with Sec. 543.9(c)(2) of 49 CFR part 543, Exemption from the Theft Prevention Standard, for the Suzuki XL-7 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.

This notice announces a Federal Aviation Administration (FAA) proposed policy on recognizing ASTM International's F2490-05 Standard Guide for Aircraft Electrical Load and Power Source Capacity Analysis as an acceptable means of compliance to 14 CFR part 23, 23.1351(a)(2). The Standard Guide provides acceptable methods and procedures to determine electrical system capacity needed to provide worst-case combinations of electrical loads during all phases of airplane operations. This notice is necessary to advise the public of this FAA policy and give all interested persons an opportunity to present their views on it.

This amendment supersedes an existing airworthiness directive (AD) that currently applies to Eurocopter France (ECF) Model SA 365N, N1, and AS 365N2 helicopters. That AD currently requires inspecting the main gearbox (MGB) suspension diagonal cross-member (diagonal cross-member) for cracks and replacing it with an airworthy part if any crack is found. This amendment requires more frequent inspections of the diagonal cross-member and adding the Model SA-366G1 helicopters to the applicability. This amendment is prompted by several reports of cracks in the diagonal cross-member. The actions specified by this AD are intended to prevent failure of the diagonal cross-member, pivoting of the MGB, severe vibrations, and a subsequent forced landing.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 202: Portable Electronic Devices.

The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the South Jersey Transportation Authority under the provisions of 49 U.S.C., (the Aviation Safety and Noise Abatement Act, hereinafter referred to as ``the Act'') and 14 CFR part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On July 15, 2005 the FAA determined that the noise exposure maps submitted by the South Jersey Transportation Authority under part 150 were in compliance with applicable requirements. On January 11, 2006, the FAA approved the Atlantic City International Airport's noise compatibility program. FAA approved in whole or in part all three proposed measures.

The Department of Transportation is proposing to add state licensed and certified marriage and family therapists to the list of credentialed professions eligible to serve as substance abuse professionals under subpart O of 49 CFR part 40.