Department of Transportation May 9, 2006 – Federal Register Recent Federal Regulation Documents

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 31 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

This document announces the availability of Commercial Driver's License Program Improvement (CDLPI) grant funding as authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This act establishes a program for the improvement of the commercial driver's license (CDL) program. The program is a discretionary grant program funded by a single source. It provides funding for improving implementation of the State's CDL program, including expenses for computer hardware and software, publications, testing, personnel, training, and quality control. Grants made under this program may not be used to rent, lease, or buy land or buildings. The Agency in each State designated as the primary driver licensing agency responsible for the development, implementation, and maintenance of the CDL program is eligible to apply for and receive grant funding.

We propose to supersede Airworthiness Directive (AD) 2003-09- 01, which applies to Pilatus Aircraft Ltd (Pilatus) Model PC-6 airplanes, all manufacturer serial numbers (MSN) up to and including 939. AD 2003-09-01 currently requires you to inspect and correct, as necessary, the aileron control bellcrank assemblies at the wing and fuselage locations. Since we issued AD 2003-09-01, the FAA determined the action should also apply to all the models of the PC-6 airplanes listed in the type certification data sheet of Type Certificate (TC) No. 7A15 that are produced in the United States through a licensing agreement between Pilatus and Fairchild Republic Company (also identified as Fairchild Industries, Fairchild Heli Porter, or Fairchild-Hiller Corporation). In addition, the intent of the applicability of AD 2003-09-01 was to all the affected serial numbers of the airplane models listed in TC No. 7A15. Consequently, this proposed AD would retain all the actions of AD 2003-09-01, would add those Fairchild Republic Company airplanes to the applicability of this proposed AD, and would list out the individual specific airplane models. We are proposing this AD to detect and correct increased friction in the aileron control bellcrank assemblies, which could result in failure of the aileron flight-control system. Such failure could lead to problems in controlling flight.

The FAA withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD) for all EMBRAER Model EMB- 135 and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The proposed AD would have required inspecting to determine the part number of the ailerons. For airplanes with affected aileron part numbers, the proposed AD would have required reworking the aileron damper fitting, and for certain airplanes, replacing the rod end of the aileron damper assembly with an improved rod end. Since the proposed AD was issued, we have received new data indicating that there is no unsafe condition associated with structural failure of the rod end of the aileron damper. Accordingly, the proposed AD is withdrawn.

The FAA proposes to adopt a new airworthiness directive (AD) for certain EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, - 145MP, and -145EP airplanes. This proposed AD would require replacing the electrical bonding clamps inside the fuel tanks and adjacent areas. This proposed AD results from a report of a failure of fitting clamp of an electrical bonding cable for the fuel tubing. We are proposing this AD to prevent loss of bonding protection in the interior of the fuel tanks or adjacent areas, and a consequent potential source of ignition in a fuel tank and possible fire or explosion.

The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This proposed AD would require doing initial and repetitive detailed or high frequency eddy current inspections for cracks around the rivets at the upper fastener row of the skin lap splice of the fuselage, and repairing any crack found. This proposed AD results from a report indicating that certain modified rivets were incorrectly installed in some areas of the skin lap splices during production because they were drilled with a countersink that was too deep. We are proposing this AD to detect and correct premature fatigue cracking at certain skin lap splice locations of the fuselage, and consequent rapid decompression of the airplane.

This document corrects the docket number identified in a notice of proposed rulemaking published in the Federal Register on April 19, 2006, proposing fees for Fiscal Year 2007 and until further notice relating to the registration of importers and the importation of motor vehicles that are not certified as conforming to the Federal motor vehicle safety standards (FMVSS).

The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport designated aeronautical use to non-aeronautical use and authorize the release of approximately 70.463 acres of airport property. Approximately 69.903 acres of the property will be used as dedicated road right-of-way associated with Phase 1B of the Alum Creek Drive Extension to Franklin County for public transportation purposes. The remaining 0.56 acres of land will be used for land exchange with South Central Power Company. A small portion of the land is currently developed with existing roadways and four existing structures that formerly supported military base activities. The parcel was acquired by the Rickenbacker Port Authority through three agreements (Quitclaim Deeds) dated March 30, 1984, September 22, 2003 and May 16, 2005 from the United States of America. There are no impacts to the airport by allowing the airport to dispose of the property. The roadways currently support civilian airport activities. The present condition of the existing roadway pavements varies from poor to excellent. The present condition of the four existing structures are: Building 904Sanitary sewer lift station for military cantonment area is currently in use, is in fair condition and will remain in use; Building 905 (Warehouse/Tank Control)not in use, to be demolished; Building 906 (Warehouse Tank port)Not in use, to be demolished; Building 812 (Former Base Exchange)Not in use, to be demolished. 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. 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 Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the City of Portland 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. These findings are made in recognition of the description of federal and non- federal responsibilities in Senate Report No. 96-51 (1980). On September 9, 2005, the FAA determined that the noise exposure maps submitted by the City of Portland under part 150 were in compliance with applicable requirements. On March 8, 2006, the Acting Associate Administrator approved the Portland International Jetport noise compatibility program. All 13 of the proposed program elements were approved.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This notice is published pursuant to paragraph d of Sec. 158.29.